AGENDA MEMORANDUM

MEETING DATE:   December 10, 2007

FROM:                       Bill Wiley, AICP, Interim Community Development Director

SUBJECT:                  Ordinance for vacating an area lying between lots 4, 5, 6 and 7 within Edmunds Addition to Leesburg subdivision plat

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the request to vacate an area lying between lots 4, 5, 6 and 7 within Edmunds Addition to Leesburg subdivision plat. The area to be vacated is not currently used for public access and is undeveloped. It is not needed for future access and should be vacated to allow the property to be developed as an apartment complex.

Analysis:

The vacation of a portion of the subdivision is requested by Paul Harsh, II, the owner of the property. The property to be vacated is not currently used as public access and is not needed for future use. All required utility easements will be provided by the applicant in other areas of the development where necessary.

By a vote of 6 to 0, the Planning Commission recommended approval.

Options:        

1.         Approve the request to vacate the portions of 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 subdivisions.

Submission Date and Time:    1/10/08 9:47 AM____

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 AN AREA LYING BETWEEN LOTS 4, 5, 6 AND 7 WITHIN EDMUNDS ADDITION TO LEESBURG SUBDIVISION PLAT, IN PLAT BOOK 1, PAGE 38, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY GENERALLY LOCATED EAST OF NORTH 14^TH STREET AND NORTH OF CAUTHEN’S CIRCLE, LYING IN SECTION 23, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. (PAUL HARSH II)

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 an area lying between lots 4, 5, 6 and 7 within Edmunds Addition to Leesburg subdivision plat, a subdivision in Lake County, Florida, is not needed for public purposes, therefore the portion of said Edmunds Addition to Leesburg subdivision plat, legally described below is hereby vacated and relinquished, and except as reserved hereinafter:

See attached Exhibit A

Section 2.

The intent of this vacation is to nullify the right of the public to the use of the right-of-way, as legally described above. 

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 _14^th  day of __January __, 2008. 

THE CITY OF LEESBURG, FLORIDA

By:  _                                                                                                                                                                           Mayor

Attest:                                                                        

 ______________________________                                                             

City Clerk