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____

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.