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 Recommendation:
Staff
recommends approval of the agreement to transfer title of Lot No. 87 to the
City.
Analysis:
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.
Options:
1. Approve the Agreement to Transfer Title; or,
2. Such alternative action as the Commission may
deem appropriate.
Fiscal Impact:
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.
Submission Date and Time: 6/7/2012 11:30 AM____
|
Department: Public Works Prepared
by: R. Sharp Attachments: Yes X No ______ Advertised: ____Not Required X Dates: __________________________ Attorney
Review : Yes X No ____
_________________________________ Revised 6/10/04 |
Reviewed by: Dept. Head rss Finance Dept. __________________ Deputy
C.M. ___________________ Submitted
by: City Manager ___________________
|
Account No. 031-5112-541-6310 Project
No. 310022__________ WF No. 425594/1__________ Budget _$33,268.00_________ Available
_$32,938.00________ |
RESOLUTION __________
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
BY
_________________________________
SANNA HENDERSON, Mayor
ATTEST;
________________________________________
BETTY M.
RICHARDSON, City Clerk