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File #: 080165.    Version: Name: STREET VACATION - ADJACENT TO YMCA (B)
Type: Ordinance Status: Adopted
File created: 10/2/2008 In control: City Attorney
On agenda: Final action: 10/16/2008
Title: STREET VACATION - ADJACENT TO YMCA (B) Ordinance No. 0-08-57, Petition 107SVA-07PB An ordinance of the City of Gainesville, Florida, to vacate, abandon and close the right-of-ways, generally described as Northeast 13th Terrace and that portion of Northeast 22nd Avenue lying one foot west of a line between the Southeast corner of lot 14 and the Northeast corner of lot 29 and that portion of Northeast 21st Avenue lying one foot west of a line between the Southeast corner of lot 35 and the Northeast corner of lot 50, as per the plat of the third addition to Carol Estates, as more specifically described in this Ordinance; reserving a public and private utilities easement; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
Attachments: 1. 080165_petition_20080728.pdf, 2. 080165A_Staff PPT_20080728.pdf, 3. 080165_draftordinance_20081002.pdf, 4. 080165_ordinance_20081016.pdf
title
STREET VACATION - ADJACENT TO YMCA (B)
 
Ordinance No. 0-08-57, Petition 107SVA-07PB
An ordinance of the City of Gainesville, Florida, to vacate, abandon and close the right-of-ways, generally described as Northeast 13th Terrace and that portion of Northeast 22nd Avenue lying one foot west of a line between the Southeast corner of lot 14 and the Northeast corner of lot 29 and that portion of Northeast 21st Avenue lying one foot west of a line between the Southeast corner of lot 35 and the Northeast corner of lot 50, as per the plat of the third addition to Carol Estates, as more specifically described in this Ordinance; reserving a public and private utilities easement; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
 
recommendation
The City Commission adopt the proposed ordinance.
 
explanation
COMMUNITY DEVELOPMENT STAFF REPORT
 
The purpose of this request is to vacate the right-of-way of Northeast 13th Terrace and that portion of Northeast 22nd Avenue lying one foot west of a line between the Southeast corner of lot 14 and the Northeast corner of lot 29 and that portion of Northeast 21st Avenue lying west of a line between the Southeast corner of lot 35 and the Northeast corner of lot 50, as per the plat of the third addition to Carol Estates.  The City of Gainesville entered into a License Agreement with the North Central Florida Young Men's Christian Association, Inc. (YMCA) in August of 2002 for the use of the unimproved rights-of-way that loop through their property and separate two major sections of the property.  The rights-of-way are not paved or maintained and are overgrown with vegetation.  One of the stipulations of the agreement was that the City will initiate a petition to vacate the unimproved rights-of-way.
 
The rights-of-way to be vacated are 50-feet wide.  Northeast 22nd Avenue is paved west from Northeast 15th Street to a point adjacent to Lots 15 and 28.  Northeast 21st Avenue is paved west from Northeast 15th Street to a point adjacent to Lots 36 and 49.  Northeast 13th Terrace is the connector right of way between Northwest 21st Avenue and 22nd Avenue.  Typically, upon vacation of a right of way, an overall utility easement is retained.  In this case, Gainesville Regional Utilities (GRU) has requested that the City not retain an overall 50-foot utility easement over the vacated right-of-way.  GRU has requested that the YMCA grant a utility easement over the westerly 20 feet of their property.  The YMCA has agreed to grant the easement in exchange for the City vacating the subject rights-of-way.  Vacating the rights-of-way adjacent to property designated for Single-Family on the Future Land Use Map and zoned for single-family use does not indicate support for those properties to be used for recreation use.
 
Planning Division staff recommended approval of Petition 107SVA-07 PB, with the condition that the City will waive the right to retain an overall 50-foot utility easement over the rights-of-way to be vacated in exchange for a 20-foot utility easement along the western property line of the YMCA.  
 
The City Plan Board reviewed the criteria in determining whether the public interest would be best served by the proposed street vacation and recommended approval, Plan Board vote 4-0.
 
Public notice was published in the Gainesville Sun on June 4, 2008.  The Plan Board held a public hearing on June 19, 2008.
 
 
CITY ATTORNEY MEMORANDUM
 
The North Central Florida YMCA granted a utility easement to the City as provided in the conditions, on August 11, 2008, as recorded in O.R. Book 3823, Page 2971, Public Records of Alachua County, Florida.
 
 
 



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