Submitted By: Aubrey Hale
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Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Resolution 2022-44 to vacate an 8-foot public utility and drainage easement adjacent and parallel to the west and north lot lines of Lot 6, Block B as recorded in Galloway & Sands Subdivision Replat, Book “U”, Page 36, located at 2817 NW 8th Place. (Case PLV22-44775) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: Keaton Investment LLC
• Property Owner: Keaton Investment LLC
• Project Agent: Van H. Akin
• The Replat of a Portion of the Galloway and Sands Subdivision in 1981 provided for a strip of land 8-feet in width adjacent and parallel to the western and northern lot lines of lot 6 as an easement.
• The easement requested for vacation is approximately 0.079 acres in total area.
• The building on Lot 6 located at 2817 NW 8th Place was constructed over portions of the easements.
• There are no conflicts with utilities in the easements.
• The Planning and Zoning Commission recommended approval by a vote of 6 to 0.
FINDINGS AND CONCLUSIONS:
The public utility and drainage easement may be vacated. Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The vacation is pending final review by City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
RESOLUTION 2022-44
A RESOLUTION VACATING THE 8-FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT ADJACENT AND PARALLEL TO THE WEST AND NORTH LOT LINES OF LOT 6, BLOCK B, AS RECORDED IN GALLOWAY & SANDS SUBDIVISION REPLAT, BOOK “U”, PAGE 36, MARION COUNTY RECORDS, MARION COUNTY, FLORIDA
WHEREAS, the property owner has filed a petition with the City of Ocala to vacate the 8-foot-wide utility and drainage easement adjacent and parallel to the west and north lot lines of Lot 6, Block B, as recorded in Galloway & Sands Subdivision Replat, Book “U”, Page 36, of the Public Records of Marion County, Florida; and
WHEREAS, the City of Ocala is the beneficiary of the easement described above; and
WHEREAS, Florida Statutes, Chapter 177 requires a resolution from the governing body of the municipality when request has been made to vacate a plat in whole or in part that is located in the corporate limits of a municipality; and
WHEREAS, comments regarding the effects of such a vacation on the public facilities of the City have been requested from appropriate city departments; and
WHEREAS, all City departments were contacted and indicated that the vacation of the 8-foot-wide utility and drainage easement adjacent and parallel to the west and north lot lines of Lot 6, Block B, as recorded in Galloway & Sands Subdivision Replat, Book “U”, Page 36, of the Public Records of Marion County, Florida, would not have a detrimental effect on public right-of-way, utilities, or other public facilities; and
WHEREAS, on July 11, 2022, the Ocala Planning and Zoning Commission in regular session recommended approval of the vacation of the 8-foot-wide utility and drainage easement, lying within the corporate limits of the City of Ocala;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session that the City of Ocala City Council does hereby vacate and annul the 8-foot-wide utility and drainage easement adjacent and parallel to the west and north lot lines of Lot 6, Block B, as recorded in Galloway & Sands Subdivision Replat, Book “U”, Page 36, of the Public Records of Marion County, Florida, in accordance with the provisions of Chapter 177, Florida Statutes. The Marion County Board of County Commissioners is requested to take appropriate action, including the adoption of appropriate resolutions, confirming the vacation of the portion of the plat.
This resolution adopted this ______ day of ______________________, 2022.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire Bethea Sr.
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
Robert W. Batsel, Jr.
City Attorney