Item No: 5M.
Meeting Date: August 27, 2012
From: Jimmy Feagle, Deputy Director of Public Works
Subject: Ordinance accepting a warranty deed from the Village at Lake Pointe Homeowner’s Association, Inc. – Lot No. 87
Staff recommends acceptance of the Warranty Deed from the Village at Lake Pointe Homeowner’s Association, Inc. – Lot No. 87 to the City of Leesburg for the purpose of construction an access road from the subdivision to Sunnyside Drive.
When the subdivision was originally constructed, the Village of Lake Pointe did not have a second access road as required by City codes. The builder/developer that assumed ownership went out of business before this requirement was met. The intended location for the access road was Lot No. 87, adjacent to Sunnyside Drive. The Homeowners Association has now acquired the lot and is transferring the lot by a special warranty deed to the City. This warranty deed sets forth the conditions and resolves 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. The City will incur no cost other than construction of the roadway which is estimated to be $30,000.00. The Association has requested, and the City agrees, the Association may retain a landscaping easement over the unpaved areas of Lot 87, which will allow the Association to install and maintain landscaping, irrigation system, and subdivision sign. The cost of installation and ongoing 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 accept the Warranty Deed, or
2. Such alternative action as the Commission may deem appropriate
There is not any cost in accepting this Warranty Deed.
Department: ___Public Works________
Prepared by: ___Jimmy Feagle_____
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Attorney Review : YesX___ No ____
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A SPECIAL WARRANTY DEED GIVEN BY VILLAGE AT LAKE POINTE HOMEOWNER’S ASSOCIATION, INC., AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 29, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
The City of Leesburg, Florida, does hereby accept from Village at Lake Pointe Homeowner’s Association, Inc., a Special Warranty Deed, dated August 2, 2012, and recorded in Official Records Book 4196, Page 853, Public Records of Lake County, Florida, conveying certain real property in Section 29, Township 19 South, Range 25 East, Lake County, Florida, to the City of Leesburg, as more particularly described therein.
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.
This ordinance shall become effective 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 ______ day of ______________, 2012.
THE CITY OF LEESBURG