AGENDA MEMORANDUM

 

 

MEETING DATE:   October 8, 2007

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for vacating the drainage and utility easements between lots 5 and 6, and between lots 6 and 7 of Majestic Oaks Landing Subdivision Plat

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the request for vacating the drainage and utility easements between lots 5 and 6, and between lots 6 and 7 of Majestic Oaks Landing subdivision plat.. The area to be vacated is not currently used for public access or use and is currently undeveloped. It is not needed for future access and should be vacated to allow the property to be developed.

           

Analysis:

 

On July 20, 2005, a lot line deviation request was approved (administratively) for lots 4, 5, 6 and 7 Majestic Oaks Landing. Subsequently, an easement vacation request was received for the original utility easements. The vacation of the drainage and utility easements is requested by Edward and Kay Schlein, the owners of the property. The property to be vacated is not currently used for public access and is not needed for future use. Utility easements shall remain along the western property line of Lot 5 and the eastern property line of Lot 8 for existing and/or required utility service(s) for this property.

 

By a vote of 7 to 0, the Planning Commission recommended approval.

 

Options:        

1.         Approve the request to vacate the portions of the drainage and utility easements in the referenced subdivision.

2.         Other action the Commission may deem appropriate.

 

Fiscal Impact

No fiscal impact is anticipated as a result of the vacation of these  easements.

 


 

 

Submission Date and Time:    10/5/07 4:44 PM____

 

Department: Community  Development

Prepared by: Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

_________________________________                                                     

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 


ORDINANCE NO. _________                   

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, VACATING THE DRAINAGE AND UTILITY EASEMENTS BETWEEN LOTS 5 AND 6, AND BETWEEN LOTS 6 AND 7 OF MAJESTIC OAKS LANDING SUBDIVISION PLAT IN PLAT BOOK 52, PAGES 79 AND 80, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF NEWELL HILL ROAD, SOUTH OF LAKE GRIFFIN, LYING IN SECTION 24, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

Section 1.

 

The City Commission of the City of Leesburg, Florida, finding that the portions vacating the drainage and utility easements between lots 5 and 6, and between lots 6 and 7 of Majestic Oaks Landing Subdivision Plat, subdivision in Lake County, Florida, are not needed for public purposes, therefore the portions of said drainage and utility easements Majestic Oaks Landing Subdivision Plats, legally described below are hereby vacated and relinquished, and except as reserved hereinafter:

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2.

 

            The City Commission specifically reserves in perpetuity, for the use and benefit of the City of Leesburg, utility easements for any areas where there are utility lines (above ground or underground) now in existence on the property, as well as utility easements over and across any and all roads, streets and alleys otherwise vacated by this Ordinance.

 

Section 3.

 

This ordinance shall become effective upon its passage and adoption according to law. 

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2007. 

 

THE CITY OF LEESBURG, FLORIDA

 

By:  _                                                                                                                                                                           Mayor

Attest:                                                                        

 

 ______________________________                                                            

City Clerk