AGENDA MEMORANDUM

MEETING DATE:   July 14, 2008

FROM:                       Bill Wiley, AICP, Community Development Director

SUBJECT:                  Ordinance accepting an easement in Crestridge subdivision from William and Patricia L. Beers

Staff Recommendation

The Planning staff recommends approval of the ordinance accepting a drainage easement along the westerly 10 feet of lot 32 in the Crestridge subdivision from William and Patricia L. Beers.

Analysis

The property owner purchased lots 31 and 32 in Crestridge subdivision with the intent of constructing one single family home, to be located on both lots.   The existing Crestridge plat calls for a five (5) foot easement along each side of the property line between lots 31 and 32, which was vacated under Ordinance 08-47 on May 12, 2008.  The subject easement, along the westerly 10 feet of lot 32, will provide proper access and drainage as previously required, but in a location which allows the property owner to complete construction of the single family home. 

Options:

1.         Approve the ordinance accepting the easement.

2.         Other such action as the Commission may deem appropriate.

Fiscal Impact:

None.

Submission Date and Time:    7/9/2008 3:09 PM____

Department: Community Development Prepared by:  Dan Miller, AICP Attachments:         Yes_X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes___  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ___BW___ Finance  Dept. ____________JB____                                    Deputy C.M. ________EFS________                                           Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

                                                        ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A DRAINAGE EASEMENT FROM WILLIAM L. BEERS AND PATRICIA L. BEERS, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO THE WESTERLY 10 FEET OF LOT 32, OF CRESTRIDGE AT LEESBURG, A SUBDIVISION LOCATED IN LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 

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

Section 1.

The City of Leesburg, Florida, does hereby accept from William L. Beers and Patricia l. Beers, a Drainage Easement dated April 8, 2008, and recorded in Official Records Book 3645, Pages 817–818, Public Records of Lake County, Florida, conveying certain real property described as the Westerly 10 feet of Lot 32, of Crestridge at Leesburg, a subdivision located in Lake County, Florida, and more particularly described in said Drainage Easement, to the City of Leesburg. 

Section 2.   

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable. 

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

By:______________________________________

            Mayor

ATTEST:

_______________________________________

City Clerk

EXHIBIT A

Legal Description

The Westerly 10 feet of Lot 32, CRESTRIDGE AT LEESBURG, according to the plat thereof as recorded in Plat Book 61, Pages 1 and 2, Public Records of Lake County , Florida.