AGENDA MEMORANDUM

MEETING DATE:   January 28, 2008

FROM:                       Bill Wiley, AICP, Interim Director of Community Development

SUBJECT:                  Ordinance for vacating the drainage and utility easements between lots 31 and 32, of Crestridge at Leesburg subdivision plat

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the request for vacating the drainage and utility easements between lots 31 and 32 Crestridge at Leesburg 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 one single family home to be built on two lots.

Analysis:

The vacation of the drainage and utility easements is requested by Pillar Development, LLC, owners of the property. This property is generally located south of Old Tavares Road, and west of Sleepy Hollow Road. The property to be vacated is not currently used for public access and is not needed for future public access. Utility easements shall remain along the adjacent property lines 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 subdivisions.

Submission Date and Time:    1/24/08 2:02 PM____

Department: Community  Development Prepared by: Bill Wiley, AICP Dan Miller, 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 31 AND 32 OF CRESTRIDGE AT LEESBURG SUBDIVISION PLAT IN PLAT BOOK 61, PAGES 1 AND 2, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY GENERALLY LOCATED SOUTH OF OLD TAVARES ROAD, ON CRESTRUN LOOP, LYING IN SECTION 20, TOWNSHIP 19 SOUTH, RANGE 25 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 31 and 32 of Crestridge At Leesburg Subdivision Plat, subdivision in Lake County, Florida, are not needed for public purposes, therefore the portions of said drainage and utility easements of Crestridge At Leesburg Subdivision Plats, legally described below are hereby vacated and relinquished, and except as reserved hereinafter:

Legal Description of Easement to be vacated:

That certain 10 foot drainage easement consisting of the westerly 5 feet of Lot 31 and the easterly 5 feet of Lot 32, of the Plat of Crestridge At Leesburg, according to the Plat thereof, as recorded in Plat Book 61, Pages 1 and 2, of the Public Records of Lake County, Florida.

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 ______________, 2008. 

THE CITY OF LEESBURG, FLORIDA

By:  _                                                                                                                                                                           Mayor

Attest:                                                                        

 ______________________________                                                             

City Clerk