AGENDA MEMORANDUM

                                                                             

 

MEETING DATE:   July 12, 2010

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance correcting Annexation Ordinance No. 07-47 and Rezoning Ordinance No. 08-01A due to scrivener’s error in legal description (Lafayette Square Property)

 

 

Staff Recommendation: 

Staff recommends approval of the attached corrective ordinance to Annexation Ordinance No. 07-47 and Rezoning Ordinance No. 08-1A, which both contained an incorrect legal description for the Lafayette Square Property, generally located south of El Rancho Drive and Caballo Road (see the attached General Location Map).

 

Analysis:

On June 25, 2007, the City Commission adopted Annexation Ordinance No. 07-47 and Rezoning Ordinance No. 08-1A on January 14, 2008, which both contained a legal description which did not less out a parcel meant to be excluded from the subject property.  This matter has since been brought to the attention of the Community Development Department.  The attached ordinance contains the correct legal description and should replace the incorrect legal description originally adopted. 

 

Options:        

1.         approve the correction to Annexation Ordinance No. 07-47 and Rezoning Ordinance No. 08-01A for the Lafayette Square Property; or,

2.         Other such action as deemed appropriate by the City Commission.

 

Fiscal Impact:

There is no anticipated fiscal impact at this time. 

 

Submission Date and Time:    7/9/10 11:51 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. 07-47 AND REZONING ORDINANCE NO. 08-01A FOR CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 94 ACRES AND BEING GENERALLY LOCATED SOUTH OF EL RANCHO DRIVE AND CABALLO ROAD, LYING IN SECTION 33, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, OWNED BY DEBROCK PROPERTIES, LLC, TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION OF THE PROPERTY BEING ANNEXED AND REZONED; AND PROVIDING AN EFFECTIVE DATE (LAFAYETTE SQUARE).

 

WHEREAS, on June 25, 2007, the City Commission adopted Annexation Ordinance No. 07-47 and Rezoning Ordinance No. 08-01A on January 14, 2008, for certain real property owned by DeBrock Properties, LLC, and

 

WHEREAS, these adopted Ordinances did not include a less out of Alternate Key Number 3848439, intended for exclusion from the subject property, and

 

WHEREAS, all legal advertisements required as conditions precedent to the adoption of Ordinance Nos. 07-47 and 08-1A did set forth the correct property boundary, and

 

WHEREAS, it is necessary to amend Ordinance Nos. 07-47 and 08-01A 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. 07-47 and 08-1A 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. 07-47 and 08-01A 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.  This amendment to Ordinance Nos. 07-47 and 08-01A 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”

 

LAFAYETTE SQUARE LEGAL DESCRIPTION

 

 

The Southeast ¼ of the Northeast ¼ of Section 33, Township 19 South, Range 24 East, Lake County, Florida; less the North 25.00 feet thereof;

 

And

 

The Southwest ¼ of the Northeast ¼ of Section 33, Township 19 South, Range 24 East, Lake County, Florida; less the West 532.28 feet of the East 570.00 feet of the North 510.00 feet of the Southwest ¼ of the Northeast ¼ of Section 33, Township 19 South, Range 24 East, Lake County, Florida.

 

And

 

The East ½ of the Southeast ¼ of the Northwest ¼ of Section 33, Township 19 South, Range 24 East, Lake County, Florida.

 

alt key 1293103 and 3847535

 

Less the W 30ft of E 600ft of N 410ft of SW ¼ of NE ¼, Section 33, Township 19 South, Range 24 East, Lake County, Florida.

 

Alt key: 3848439