Commission Meeting Agenda Item
Agenda Item Title
Resolution 2022-113 - A Resolution of the Town Commission of the Town of Lady Lake, Florida; Vacating the North 40 Feet of a 75 Feet Utility Maintenance Easement Located on a Portion of Lot 10, of the Lee And Stevens Additions to the Town of Lady Lake, According to the Plat Thereof as Recorded In Plat Book 8, Page 9 Through 12, Public Records of Lake County Florida, Addressed as 175 South Rolling Acres Road (Alternate Key 3250290), Within the Town Limits of the Town of Lady Lake, Florida.
Agenda Item ID
Staff Recommended Motion
Staff recommends approval of Resolution 2022-113
On Wednesday, July 13, 2022, attorney Rick Newman contacted the Town of Lady Lake regarding a seventy-five-foot utility maintenance easement located on a portion of Lot 10, of the Lee and Stevens Additions to the Town of Lady Lake. The easement was granted in favor of the Town of Lady Lake for the right and privilege to construct, operate and maintain utilities for the purposes of delivering water, sewer, reclaimed water, and all surface and subsurface utilities. The easement was granted in September of 2006 and was recorded in Lake County Official Records Book 3297 Pages 1116-1119 on November 3, 2006.
Since the time the easement was granted, the property owner, Tree Tops Storage Holding, LLC, has constructed multiple storage buildings on the property located at 175 South Rolling Acres Road. It was discovered that a one-story metal building encroaches upon the subject seventy-five-foot utility maintenance easement. At this time, Tree Tops Storage Holding, LLC, has filed a petition to vacate the north forty feet of the easement to avoid any future possibility of the Town damaging the building to provide utility maintenance.
On Wednesday, July 13, 2022, the Growth Management Department contacted the Public Works Department regarding any utility that is presently located in the easement. Public Works verified that the Town has a reuse meter within the easement; however, it is located near to the property line. The Public Works Department was agreeable to the request to vacate the north forty feet of the recorded easement as it would not prohibit access to any utilities that may be on the property. Should the partial easement vacation be granted, the Town of Lady Lake would still have an easement of thirty-five-feet in depth and fifteen feet in width adjacent to the southern property line, also being adjacent to Lakeview Street.
The Technical Review Committee found that Resolution 2022-113 was ready for transmittal to the Planning and Zoning Board.
The first and final reading is scheduled for Monday, August 1, 2022, at 6 p.m.
Draft Resolution 2022-113
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LADY LAKE, FLORIDA; VACATING THE NORTH 40 FEET OF A 75 FEET UTILITY MAINTENANCE EASEMENT LOCATED ON A PORTION OF LOT 10, OF THE LEE AND STEVENS ADDITIONS TO THE TOWN OF LADY LAKE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 9 THROUGH 12, PUBLIC RECORDS OF LAKE COUNTY FLORIDA, ADDRESSED AS 175 SOUTH ROLLING ACRES ROAD (ALTERNATE KEY 3250290), WITHIN THE TOWN LIMITS OF THE TOWN OF LADY LAKE, FLORIDA.
WHEREAS, the Town of Lady Lake, holder of a seventy-five-foot utility maintenance easement on Lot 10 of the Lee and Stevens Additions to the Town of Lady Lake, has agreed to vacate the north forty-feet of the easement, shown in Exhibit “A,” as presented to the Town Commission of the Town of Lady Lake, on behalf of owners Tree Tops Storage Holding, LLC; and
WHEREAS, a notice of consideration of said petition to vacate the easement has been published in the Daily Sun, a newspaper of general circulation; and
WHEREAS, the seventy-five-foot easement, through the dedication as recorded in Lake County Official Records Book 3297 Page 1119, is to be partially vacated as to avoid an encroachment under an existing building.
NOW, THEREFORE, BE IT RESOLVED
that the Town Commission of the Town of Lady Lake, Florida, hereby vacates, and disclaims any and all interest in the north forty feet of said easement as recorded in Lake County Official Records Book 3297 Page 1119 lying within Lot 10 of the Lee and Stevens Additions to the Town of Lady Lake, and releases itself of any and all maintenance obligations for the purpose of partially vacating said easement, within the town limits of the Town of Lady Lake, Florida.
This Resolution shall take effect immediately upon its adoption by the Town Commission of the Town of Lady Lake.
RESOLVED this 1st day of August 2022, in Lady Lake, Florida, by the Lady Lake Town Commission.
Town of Lady Lake, Florida
Jim Rietz, Mayor
Nancy Wilson, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney