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.
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.
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.
No fiscal impact is anticipated as a result of the vacation of these easements.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
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:
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:
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.
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