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File #: RES. NO. 2020-R-39    Version: 1 Name: Vacation of easement VAC-20-133
Type: Resolution Status: Agenda Ready
File created: 11/23/2020 In control: City Commission Regular Meeting
On agenda: 12/8/2020 Final action: 12/8/2020
Title: A Resolution of the City of North Port, Florida, Vacating Utility and Drainage Easements for Lots 1, 2, 37, and 38, Block 513, Eleventh Addition to Port Charlotte Subdivision; Providing for Findings; Providing for Filing of Approved Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.(QUASI-JUDICIAL)
Attachments: 1. Resolution 2020-R-39 with Exhibit, 2. Staff Report with Exhibits

TO:                                           Honorable Mayor & Members of the North Port Commission

 

FROM:                      Jason Yarborough, ICMA-CM, Interim City Manager

 

TITLE:                     Resolution No. 2020-R-39, John M. Donlan and Ashlee S. Donlan Request to Vacate the Platted Rear 10-foot Utility and Drainage Easements for Lots 1, 2, 37 & 38, Block 513, Eleventh Addition to Port Charlotte Subdivision (Quasi-Judicial).

 

 

Recommended Action

 

Approval of Resolution No. 2020-R-39.

 

Background Information

 

The property owners, John M. Donlan and Ashlee S. Donlan, are requesting a vacation of the platted rear 10-foot utility and drainage easements to construct a single-family residence in the center of four combined lots to be used as one building site. The proposed placement of the home will encroach substantially into portions of the rear 10-foot utility and drainage easements encompassing lots 1, 2, 37 and 38, therefore making it necessary to vacate these easements.

 

Pursuant to Florida Statutes Chapter 177.101, an Application requesting a Vacation of the Platted Rear 10-Foot Utility and Drainage Easements Located on Lots 1, 2, 37 and 38, Block 513, Eleventh Addition to Port Charlotte Subdivision was submitted to the City of North Port.

 

A legal notice of intent to vacate was published by the property owner in a newspaper of general circulation, for two (2) weeks consecutively.

 

All applicable Utility agencies have been notified and have granted their approval for the vacation of platted rear 10-foot utility and drainage easements located on lots 1, 2, 37 and 38, Block 513, Eleventh Addition to Port Charlotte Subdivision.

 

Resolution No. 2020-R-39 has been reviewed by the City Attorney and is legally correct as to form.

 

Resolution No. 2020-R-39 was scheduled on the Regular Planning and Zoning Advisory Board Meeting on  November 19, 2020. The discussion included impacts on property values and taxes on combining lots to be used a single building site. The Planning and Zoning Advisory Board voted 6-1 to recommend approval of Resolution No. 2020-R-39 to the City Commission.

 

Strategic Plan

 

To provide exceptional service to our entire community for the continuous enrichment of quality of life.

 

Financial Impact

 

Not applicable.

 

Procurement

 

Not applicable.

 

 

Attachments:                                                               1. Resolution 2020-R-39 with Exhibit

2. Staff Report with Exhibits

                                                                                    

Prepared by:                                                                Rhea Lopes, Planner III                                          

 

Department Director:                       Jason Yarborough, ICMA-CM, Interim City Manager