The Planning staff and Planning Commission recommend approval of the request for vacating the 25-foot wide unused right-of-way for expansion of Restor-Telecom facility. The area to be vacated is currently undeveloped and not needed for a public road; however, a reservation for a public recreational trails easement will be retained. The vacation is needed for future proposed expansion of the Restor-Telecom facility.
The vacation of the unused right-of-way is requested by John Somerville of Restor-Telecom, Inc.,
the Registered Agent for the property. This property is generally located south of South Street, and south of Hickory Drive. Utility and access easements necessary for the property will be recorded with the Lake County Clerk of Courts.
By a vote of 7 to 0, the Planning Commission recommended approval.
1. Approve the request to vacate the unused right-of-way for expansion of Restor -Telecom facility.
2. Other action the Commission may deem appropriate.
No fiscal impact is anticipated as a result of the vacation of this right-of-way.
Department: Community Development
Prepared by: Bill Wiley, AICP _
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ___Yes___
Finance Dept. ___ _JB__________
Deputy C.M. ______EFS_________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, VACATING APPROXIMATELY 0.15 ACRE OF UNUSED PUBLIC RIGHT OF WAY, AS SHOWN IN DEED BOOK 109, PAGE 226 & DEED BOOK 49, PAGE 558, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY GENERALLY LOCATED SOUTH OF SOUTH STREET AND SOUTH OF HICKORY DRIVE, LYING IN SECTION 27, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. (Restor -Telecom, Inc.)
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
The City Commission of the City of Leesburg, Florida, finding that vacating the portion of 25 foot wide unused right-of-way in Lake County, Florida, is not needed for public purposes, therefore the portion of said unused right-of-way, legally described below is hereby vacated and relinquished, and except as reserved hereinafter:
Legal Description of Easement to be vacated:
25 WIDE FOOT RIGHT OF WAY TO BE ABANDONED (DEED BOOK 109, PAGE 226 & DEED BOOK 49, PAGE 558)
COMMENCE FROM THE NORTHEAST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 27, TOWNSHIP 19 SOUTH, RANGE 24 EAST NORTH 895633 WEST 335.94 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST ¼ OF THE SOUTHWEST 1/4, THENCE SOUTH 000857 W 165.00 FEET TO A POINT OF BEGINNING; THENCE SOUTH 894819 EAST 25.00 FEET TO A POINT; THENCE S 003104W 225.00 FEET TO A POINT; THENCE N 894819 W 25.00 FEET TO POINT; THENCE N 003104 E 225 FEET TO THE POINT OF BEGINNING OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
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. The City Commission also reserves, in perpetuity, for the use and benefit of the City of Leesburg and the public, an easement for the construction, repair, maintenance, upgrade, replacement, and use by the public of public recreational trails over and across the entire area described above.
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