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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 Reso...

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