Item No: 5D.
Meeting Date: June 11, 2012
From: Raymond S. Sharp, Public Works Director
Subject: Resolution authorizing an Agreement to transfer title of Lot # 87 by the Village of Lake Pointe Homeowners’ Association, Inc. to the City for the purpose of constructing an access road from the subdivision to Sunnyside Drive
Staff recommends approval of the agreement to transfer title of Lot No. 87 to the City.
When it was originally constructed, the Village of Lake Pointe subdivision did not have a second access road from the subdivision as required by city codes. The builder/developer that assumed ownership at the time went out of business before this requirement could be met. The intended location for the access road was Lot # 87, adjacent to Sunnyside Drive.
Subsequent negotiations with the homeowners’ association resulted in the association’s acquisition of Lot 87 from a bank, to facilitate the City’s construction of the access road. The association is now prepared to convey title to Lot 87 to the city under certain conditions. This agreement sets forth those conditions, and will resolve an issue that has been outstanding since approximately 2004.
In brief, the city agrees to take title to Lot 87 and construct a paved public roadway across it. The city will incur no costs other than construction of the roadway which is estimated to be $30,000. The association has requested, and the city agrees, the association may retain a landscaping easement over the unpaved areas of Lot 87, which would allow the association to install and maintain landscaping, irrigation system, and a subdivision entrance sign. The cost of installation and on-going maintenance of any such improvements are the sole obligation of the association.
The city has previously designed and permitted the entrance roadway. The county right-of-way permit has been renewed.
1. Approve the Agreement to Transfer Title; or,
2. Such alternative action as the Commission may deem appropriate.
The current budget includes funding in the amount of $33,268.00, which was rolled over from last year and is funded with available discretionary sales tax.
Department: Public Works
Prepared by: R. Sharp
Attachments: Yes X No ______
Advertised: ____Not Required X
Attorney Review : Yes X No ____
Reviewed by: Dept. Head rss
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. 031-5112-541-6310
Project No. 310022__________
WF No. 425594/1__________
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT TO TRANSFER TITLE TO SUBDIVISION LOT BETWEEN THE CITY OF LEESBURG AND VILLAGE AT LAKE POINTE HOMEOWNERS’ ASSOCIATION, INC. FOR THE PURPOSE OF PROVIDING FOR THE TRANSFER OF LOT 87 TO THE CITY OF LEESBURG FOR PURPOSES OF CONSTRUCTING AN ACCESS ROAD FROM THE SUBDIVISION TO SUNNYSIDE DRIVE; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:
THAT the Mayor and City Clerk are hereby authorized and directed to execute an Agreement to Transfer Title to Subdivision Lot between the City of Leesburg and Village at Lake Pointe Homeowners’ Association, Inc., for the purpose of providing for the transfer of Lot 87 to the City of Leesburg for purposes of constructing an access road from the subdivision to Sunnyside Drive.
THIS RESOLUTION shall take effect upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the City commission of the City of Leesburg, Florida, held on the 11th of June, 2012.
THE CITY OF LEESBURG, FLORIDA
SANNA HENDERSON, Mayor
BETTY M. RICHARDSON, City Clerk