AGENDA MEMORANDUM        

 

MEETING DATE:   May 9, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance Correcting  Annexation Ordinance No. 06-86 and Rezoning Ordinance No. 06-87 due to scrivener’s error in legal description (Renaissance Trails)

 

Staff Recommendation: 

Staff recommends approval of the attached corrective ordinance for Annexation Ordinance No. 08-86 and Rezoning Ordinance No. 06-87, which both contained an incorrect legal description for the Renaissance Trails Property, generally located along County Road 48, and north of Number Two Road (see the attached General Location Map).

 

Analysis:

On August 28, 2006, the City Commission adopted Annexation Ordinance No. 06-86 and Rezoning Ordinance No. 06-87, which both contained a legal description for a parcel meant to be excluded from the subject property, while the Alternate Key Numbers listed in the Ordinances were correct for the 1,012 acres intended for annexation and rezoning.  This matter has since been brought to the attention of the Community Development Department and the property owner 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.         Approve the correction to Annexation Ordinance No. 06-86 and Rezoning Ordinance No. 06-87 for the Renaissance Trails Property; or,

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

 

Fiscal Impact:

There is no anticipated fiscal impact to the city at this time. 

 

Submission Date and Time:    5/18/11 4:09 PM____

Department: Community  Development

Prepared by:  Bill Wiley, AICP/Dan Miller, 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. 06-86 AND REZONING ORDINANCE NO. 06-87 FOR CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 1,012 ACRES AND BEING GENERALLY LOCATED ALONG C.R 48 AND NORTH OF NUMBER TWO ROAD, LYING IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, OWNED BY FLORIDA ROBERT & MARGUERITE ROGERS, TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION OF THE PROPERTY BEING ANNEXED AND REZONED; AND PROVIDING AN EFFECTIVE DATE.

 

WHEREAS, on August 28, 2006, the City Commission adopted Annexation Ordinance No. 06-86 and Rezoning Ordinance No. 06-87 for certain real property owned by Renaissance Trails, and

 

WHEREAS, such property consisted of six parcels, Alternate Key Numbers: 1775248, 1775477, 1383528, 1035643, 1035627 and 1383510, 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. 06-86 and 06-87 did set forth the correct property boundary, and

 

WHEREAS, it is necessary to amend Ordinance Nos. 06-86 and 06-87 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. 06-86 and 06-87 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. 06-86 and 06-87 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. 06-86 and 06-87.  This amendment to Ordinance Nos. 06-86 and 06-87 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 __________________, 2011. 

 

THE CITY OF LEESBURG

 

By: ___________________________

            Mayor

ATTEST:

 

___________________________________

City Clerk

 

 

 

 

 

 

 

EXHIBIT A

 

THE PURPOSE OF THIS DOCUMENT IS TO CORECT A SCRIVENER ERROR WHEREAS A SECTION OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 1608, PAGE 1393 (ALTERNATE KEY No. 3778342) WAS INADVERTENTLY ADDED TO PARCEL TWO’S LEGAL DESCRIPTION.

THE FOLLOWING DESCRIPTION OMITS THE ABOVE DESCRIBED PARCEL.

 

Renaissance Trails Legal Description

 

PARCEL ONE: (BASED ON STATE PLAIN COORDINATE SYSTEM)

ALL OF SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 48.

LESS THE FOLLOWING DESCRIBED CEMETERY LOT:  THAT PART OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 6, TOWNSHIP21 SOUTH, RANGE 24 EAST, AND RUN S.98°40’48”E. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 A DISTANCE OF 2171.72 FEET; THENCE S.0°08’49”W., 1305.05 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, FROM SAID POINT OF BEGINNING CONTINUE S.0°08’49”W., 220.00 FEET; THENCE N.89°38’26”W., 110.00 FEET; THENCE N.0°08’49”E., 220.00 FEET; THENCE S.89°38’26”E., 110.00 FEET TO THE POINT OF BEGINNING.

AND

THAT PART OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:

THE SOUTHWEST 1/4

AND

THE SOUTH 1/2 OF THE NORTHWEST 1/4

AND

THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4

AND

THE WEST 462 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4.

 

PARCEL TWO: (NOT BASED ON STATE PLANE COORDINATE SYSTEM)

SECTION 5, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA: BEGIN NORTHWEST CORNER OF SOUTHWEST QUARTER OF NORTHWEST QUARTER RUN 234.65 FEET, NORTH 46°52’19” EAST 330.2 FEET, NORTH 34°06’23” EAST 267.43 FEET, SOUTH 63°16’02” EAST 329.32 FEET, NORTH 67°42’57” EAST 229.87 FEET, SOUTH 42°43’48” EAST 633.78 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF NORTHWEST QUARTER, SOUTH 00°40’37” EAST 136.87 FEET, SOUTH 33°09’ EAST 65.95 FEET, SOUTH 81°44’02” EAST 454.00 FEET, SOUTH 65°45’54” EAST 367.72 FEET, SOUTH 42°09’05” WEST 374.73 FEET, SOUTH 08°38’04” WEST 293.42 FEET, SOUTH 34°45’07” EAST 248.63 FEET, SOUTH 22°24’38” EAST 273.92 FEET, NORTH 73°03’19” WEST 207.85 FEET, SOUTH 17°55’20” WEST 245.88 FEET, NORTH 79°42’16” WEST 330.60 FEET, SOUTH 88°37’48” WEST 239.34 FEET, SOUTH 51°17’42”  WEST 221.45 FEET, SOUTH 19°17’51” WEST 533.67 FEET, NORTH 89°47’10” WEST 466 FEET, SOUTH 51°00’49” WEST 321.18 FEET, SOUTH 06°46’58” WEST 407.36 FEET, SOUTH 16°05’27” WEST 457.60 FEET TO WEST LINE OF SECTION, NORTH 00°44’36” WEST 1762.00 FEET TO NORTHWEST CORNER OF SOUTHWEST QUARTER OF SECTION, NORTH 00°42’50” WEST 1324.63 FEET TO POINT OF BEGINNING.

AND

BEGINNING AT A POINT THAT IS 360.15 FEET, SOUTH 89°07’25” WEST OF NORTHEAST CORNER OF SOUTHWEST QUARTER OF SOUTHWEST QUARTER, RUN NORTH 17°07’10” EAST 400.75 FEET, NORTH 86°24’50” EAST485.32 FEET, SOUTH 59°39’10” EAST 620.25 FEET, SOUTH 06°34’50” EAST 263 FEET, SOUTH 64°20’10” WEST 415.15 FEET, SOUTH 29°35’10 WEST 376.57 FEET, SOUTH 58°13’10” WEST 589.92 FEET, SOUTH 28°35’50” WEST 247.65 FEET, SOUTH 73°15’30” WEST 203.64 FEET, NORTH 15°52’ WEST 205.8 FEET, NORH 18°47’ WEST 330.5 FEET, NORTH 38°12’40” EAST 178.97 FEET, NORTH 36°13’50” WEST 184.17 FEET, NORTH 32°30’10” EAST 205.7 FEET, NORTH 64°53’10” EAST 220.31 FEET, NORTH 17°04’10” EAST 197.2 FEET TO THE POINT OF BEGINNING.

LESS ROAD RIGHT-OF-WAY;

AND SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA:

ALL OF SECTION EAST OF HIGHWAY, LESS COUNTY ROAD RIGHT-OF-WAY;

AND

SECTION 7, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA:

NORTH HALF OF NORTHEAST QUARTER. 

LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:

THAT PART OF SECTION 6 AND 7 OF TOWNSHIP 21 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA BOUNDED AND DESCRIBED AS FOLLOWS:

BEGIN AT THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 21 SOUTH, RANGE 24 EAST, AND RUN S. 00°57’49” E. ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE 1319.40 FEET, TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE S. 89°24’41” W. ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 2647.48 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE N. 00°58’27” W. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 1322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE AFOREMENTIONED SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, THENCE S. 89°28’22” W. ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6, A DISTANCE OF 1861.28 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 48; THENCE N.36°12’44” E. ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 48 A DISTANCE OF 1554.78 FEET; THENCE LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE RUN S. 64°39’17” E. 190.10 FEET; THENCE S. 52°27’13” E. 185.07 FEET; THENCE S. 12°02’24” E. 234.48 FEET; THENCE N. 87°54’40” E. 149.53 FEET; THENCE S. 72°24’48” E. 249.15 FEET; THENCE S. 66°42’50” E. 230.83 FEET; THENCE S. 58°35’48” E. 188.69 FEET; THENCE S. 34°42’25” E. 270.78 FEET; THENCE S. 60°46’11” E. 227.77 FEET; THENCE S. 55°33’45” E. 160.56 FEET; THENCE S. 24°47’09” E. 254.05 FEET; THENCE S. 14°46’11” W. 282.12 FEET; THENCE S. 19°09’41” W. 139.33 FEET; THENCE S. 75°02’51” E. 223.28 FEET;THENCE N. 33°32’59” E. 237.59 FEET; THENCE N. 62°25’48” E. 186.32 FEET; THENCE S. 53°24’40” E. 273.32 FEET; THENCE S. 15°38’53” W. 400.77 FEET; THENCE S. 70°48’26” E. 228.54 FEET; THENCE S. 88°53’30” E. 219.94 FEET; THENCE N. 51°44’16” E. 361.25 FEET; THENCE N. 41°35’32” E. 192.37 FEET; THENCE N. 23°26’28” W. 221.85 FEET; THENCE N. 43°50’31” W. 289.55 FEET; THENCE N. 14°11’46” W. 218.86 FEET; THENCE N 08°36’50” E. 359.29 FEET; THENCE N. 03°20’42” E. 145.24 FEET; THENCE N. 20°16’43” E. 165.51 FEET; THENCE N. 60°30’35” E. 217.27 FEET; THENCE N.83°43’05” E. 259.27 FEET; THENCE N. 78°37’15” E. 181.78 FEET; THENCE N.16°01’31” E. 453.93 FEET; THENCE N. 89°04’02” E. 104.55 FEET; THENCE S. 16°01’31” W. 457.31 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF THE AFOREMENTIONED SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST; THENCE S. 00°47’18” E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 A DISTANCE OF 886.14 FEET TO THE POINT OF BEGINNING.

 

Legal Description Railroad Right-of-Way

 

THAT PART OF THE ABANDONED 120 FOOT WIDE RAILROAD RIGHT-OF-WAY LYING IN THE SOUTHWEST 1/4 AND ALSO LYING IN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND ALSO LYING IN THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA.

SUBJECT TO ALL EASEMENTS, RIGHT-OF-WAY AND RESTRICTIONS OF RECORD IF ANY:

 

ALTERNATE KEY NUMBERS 1775248, 1775477, 1383528, 1035643, 1035627 AND 1383510