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AGENDA MEMORANDUM
MEETING DATE: March 8, 2010
FROM: Bill Wiley, AICP, Community Development Director
SUBJECT: Ordinance to Correct Annexation Ordinance No. 08-02 and Rezoning Ordinance No. 08-03 due to scrivener’s error in legal description (Bouis Property)
Staff Recommendation:
Staff recommends approval of the attached corrective ordinance to Annexation Ordinance No. 08-02 and Rezoning Ordinance No. 08-03, which both contained an incorrect legal description for the Bouis Property, generally located south of C.R. 48, east of Number Two Road (see the attached General Location Map).
Analysis:
On January 14, 2008, the City Commission adopted Annexation Ordinance No. 08-02 and Rezoning Ordinance No. 08-03, which both contained a legal description meant to be excluded from the subject property, while the Alternate Key Numbers listed in the Ordinances were correct for the 80 acres intended for annexation and rezoning. This matter has since been brought to the attention of the Community Development Department and the applicant has requested correction of this error. The attached ordinance contains the correct legal description and should replace the incorrect legal description originally adopted. The City Attorney has determined that this was a scrivener’s error, and therefore requires action by the City Commission to correct this error.
Options:
1. To approve the correction to Annexation Ordinance No. 08-02 and Rezoning Ordinance No. 08-03 for the Bouis Property; or,
2. Other such action as deemed appropriate by the City Commission.
Fiscal Impact:
There is no anticipated fiscal impact to the city at this time.
Submission Date and Time: 3/4/10 8:42 AM____
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Department: Community Development Prepared by: Yvette L. Brandt, AICP Attachments: Yes__X_ No ______ Advertised: ____Not Required ______ Dates: __________________________ Attorney Review : Yes_X_ No ____
_________________________________ Revised 6/10/04 |
Reviewed by: Dept. Head __BW_____
Finance Dept. __________________
Deputy C.M. ___________________ Submitted by: City Manager ___________________ |
Account No. _________________
Project No. ___________________
WF No. ______________________
Budget ______________________
Available _____________________ |
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING ANNEXATION ORDINANCE NO. 08-02 AND REZONING ORDINANCE NO. 08-03 FOR CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 80 ACRES AND BEING GENERALLY LOCATED SOUTH OF C.R 48 AND EAST OF NUMBER TWO ROAD, LYING IN SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, OWNED BY FLORIDA FRUIT COMPANY (BOUIS), TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION OF THE PROPERTY BEING ANNEXED AND REZONED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 14, 2008, the City Commission adopted Annexation Ordinance No. 08-02 and Rezoning Ordinance No. 08-03 for certain real property owned by Florida Fruit Company (Bouis), and
WHEREAS, such property consisted of five parcels, Alternate Key Numbers: 1780349, 1780331, 1780322, 1812054 and 2866802, and
WHEREAS, both adopted Ordinances referred to the subject property by its correct Alternate Key Numbers, but inadvertently contained an incorrect legal description, and
WHEREAS, all legal advertisements required as conditions precedent to the adoption of Ordinance Nos. 08-02 and 08-03 did set forth the correct property boundary, and
WHEREAS, it is necessary to amend Ordinance Nos. 08-02 and 08-03 to set forth the correct legal description of the subject property which the City Commission intended to annex and rezone by way of these Ordinances,
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Section 1.
Ordinance Nos. 08-02 and 08-03 are hereby amended to change the legal description of the parcels annexed and rezoned thereby, as set forth in Section 1 of said Ordinances, to read as set forth on Exhibit “A” attached to this Ordinance. Except as specifically amended by this Ordinance, it is the intent of the City Commission that Ordinance Nos. 08-02 and 08-03 shall remain in full force and effect and all of its terms, conditions and covenants shall apply to the parcels described on Exhibit “A” hereto and referred to by their Alternate Key Numbers in Ordinance Nos. 08-02 and 08-03. This amendment to Ordinance Nos. 08-02 and 08-03 shall apply nunc pro tunc.
Section 2.
If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.
Section 3.
All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.
Section 4.
This ordinance shall become effective immediately upon approval at second reading.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of __________________, 2010.
THE CITY OF LEESBURG
By: ___________________________
Mayor
ATTEST:
___________________________________
City Clerk
Exhibit “A”
BOUIS LEGAL DESCRIPTION
THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼; THE EAST 396 FEET OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼; AND THE EAST 396 FEET OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼; THE NORTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼; THE WEST 264 FEET OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼; AND THE WEST 264 FEET OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼; AND THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼; AND THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼; AND THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼, ALL LYING AND BEING IN SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA.