TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: A Resolution of the City Commission of the City of North Port, Florida, Vacating the Drainage and Utility Easement for Lots 32 and 33, Block 329, of 5th Addition to Port Charlotte Subdivision; Providing for Findings; Providing for Recording; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. (QUASI-JUDICIAL)
Recommended Action
Option 1: Approve Resolution No. 2025-R-67 as presented.
City Commission Options
Option 1: Approve Resolution No. 2025-R-67 as presented.
* Pros: Approval of Resolution No. 2025-R-67 grants the property owner a clear title by remedying the encroachment of the residence onto the utility and drainage easement. Such action affirms the property owners right to sell without the burden of a clouded title.
* Cons: Staff analysis identified no disadvantage to the approval of Resolution No. 2025-R-67.
Option 2: Deny Resolution No. 2025-R-67
* Pros: Staff analysis identified no advantage to the denial of Resolution No. 2025-R-67 as the City or public utility entities have no active need for the utility and drainage easement.
* Cons: Denial of Resolution No. 2025-R-67 inhibits the property owner's right to sell by perpetuating the clouded title creating a burden on the property owner.
Background Information
On July 17, 2025, the Planning & Zoning Division received an application petitioning the City of North Port to grant a vacation for the platted six-foot (6') Drainage and Utility Easement located on the interior side lot lines of Lots 32 and 33 of Block 329 of the 5th Addition to the Port Charlotte Subdivision. The purpose of this vacation request is to enable the sale of the property located at (2737 Cottage Ln) by allowing for a clear title. It is to be noted that the original survey submitted with the building permit (20-3382) did not depict the subject easement. The area to be v...
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