Council approved the vacation of portions of Shaw Circle within Twin Oaks Subdivision at the March 28th, 2011 City Council Meeting.  The legal description of the right of way to be vacated within the resolution was written incorrectly.  Therefore, it becomes necessary to approve a corrected resolution amending the legal description of the right of way to be vacated.  Twin Oaks Corporation, the property owner of Twin Oaks Subdivision, is replatting portions of the subdivision. With the new plat, portions of the internal streets will be realigned. This requires portions of the street right of way to be vacated and new right of way to be dedicated. None of these streets have been constructed. Twin Oaks Corporation is the original developer, therefore, the right of way to be vacated is done at no cost to the developer. The vacation of the rights of way is necessary for the approval of the Twin Oaks Subdivision 2nd Filing plat, also being considered at this council meeting.

The Council may:

• Approve the corrected resolution amending the legal description of the vacation of portions of Shaw Circle within Twin Oaks Subdivision; or
• Do not approve the corrected resolution.

Since the right of way proposed to be vacated will revert to the original developer and no streets are constructed, there is no cost for the vacation.  New right of way will be dedicated to replace the vacated area. 

Staff recommends that Council approve the corrected resolution amending the legal description of vacation of portions of right of way within Twin Oaks Subdivision.