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File #: 210837.    Version: Name:
Type: Ordinance Status: Adopted
File created: 1/21/2022 In control: City Attorney
On agenda: 5/5/2022 Final action: 5/5/2022
Title: Vacation of Public Right-of-Way - 400 Block of NW 12th Terrace, between NW 5th Avenue and NW 4th Place (B) Ordinance No. 210837 An ordinance of the City of Gainesville, Florida, to vacate, abandon, and close a certain public right-of-way generally located in the 400 block of NW 12th Terrace, between NW 5th Avenue and NW 4th Place, as more specifically described in this ordinance, subject to terms and conditions; providing directions to the City Clerk; providing a severability clause; providing a repealing clause; and providing an effective date.
Attachments: 1. 210837A_draft ordinance_20220421.pdf, 2. 210837B_PB-21-00194 SVA NW 12th Ter-NW 4th Pl Staff Report_20220421, 3. 210837C_PB-21-00194 SVA NW 12th Ter-NW 4th PL Presentation_20220421, 4. 210837_Ordinance Final_20220505
title
Vacation of Public Right-of-Way - 400 Block of NW 12th Terrace, between NW 5th Avenue and NW 4th Place (B)

Ordinance No. 210837

An ordinance of the City of Gainesville, Florida, to vacate, abandon, and close a certain public right-of-way generally located in the 400 block of NW 12th Terrace, between NW 5th Avenue and NW 4th Place, as more specifically described in this ordinance, subject to terms and conditions; providing directions to the City Clerk; providing a severability clause; providing a repealing clause; and providing an effective date.

recommendation
The City Commission adopt the proposed ordinance.

explanation
STAFF REPORT

This ordinance was privately initiated and requests to vacate, abandon, and close a certain public right-of-way generally located in the 400 block of NW 12th Terrace, between NW 5th Avenue and NW 4th Place. The ROW is paved, maintained, and does not have curbing along the edge of pavement. The current use is limited and a connection to NW 12th Street is provided to the east via NW 4th Place. At least one property uses NW 12th Terrace and NW 4th Place to provide vehicular access to the rear of the property. All property owners for the abutting properties have signed the application requesting this ROW vacation. The ROW to be vacated is approximately 0.16 acres in total, with the total length of the proposed ROW vacation being approximately 6969 sq. ft.

As a condition of this ROW vacation, the owner/developer of the subject property must grant the City ownership rights necessary for the extension of NW 4th Place, as public ROW, westward to NW 12th Drive, and the Developer shall construct at the Developer's sole expense all necessary and required improvements to the NW 4th Place extension.

Per Section 30-3.41 of the Land Development Code, the City Commission may vacate a public right-of-way only upon its finding that the criteria in both 1 and 2 as provided below have been met:

1. The public right-of-way no longer s...

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