Item No: 4.C.8.
Meeting Date: October 22, 2012
From: Jay M. Evans, City Manager
Subject: Resolution authorizing execution of a warranty deed to convey to Cutrale property in exchange for other Cutrale property to the City and releasing mineral interests
Staff recommends execution of the warranty deed conveying a parcel of property to Cutrale in exchange for a conveyance of other Cutrale property to the City and releasing mineral interests reserved to the City.
Cutrale Citrus Juices, USA, Inc. has purchased and demolished the old residential structure at 927 E. Main Street, southeast of the interesection of E. Main Street and Cloud Street (across from Metro Steel). The City owns a 15’ wide strip of land directly to the west that is designed to connect the sidewalk on Main Street with the future rails-to-trails project to the south along the old S.A.L. railroad right-of-way. Because Cutrale owns the parking lot to the west, and now the parcel to the east, the City’s future trail bifurcates the Cutrale property and does not allow them to fully utilize the property as they could if it were unified.
Cutrale proposes, and staff supports, the exchange of equal-width parcels (15’) so that the City’s trail would run along the east side of Cutrale’s property instead of in between it. This is a deminimis change to the trail alignment and one that will assist one of Leesburg’s largest employers. Cutrale intends to expand their parking lot to the east.
If approved, this resolution will be followed in the near future by an ordinance approving acceptance of a deed from Cutrale for the 15’ parcel they will give to the City.
1. Adopt the resolution authorizing execution of a warranty deed to convey property to Cutrale and releasing mineral interests in exchange for other property owned by Cutrale; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact: None
Prepared by: ______________________
Attachments: Yes____ No ______
Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
General Location of Subject Property
Leesburg parcel (left side) to go to Cutrale is in Green, Cutrale parcel to go to Leesburg is
in yellow (right side)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED BETWEEN THE CITY OF LEESBURG AND CUTRALE CITRUS JUICES USA, INC. FOR THE PURPOSE OF CONVEYING TO CUTRALE A PARCEL OF REAL PROPERTY IN EXCHANGE FOR A SIMULTANEOUS CONVEYANCE OF OTHER PROPERTY BY CUTRALE TO THE CITY OF LEESBURG, RELEASING MINERAL INTERESTS OTHERWISE RESERVED TO THE CITY UNDER §270.11, FLA. STAT. (2012), 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 a Warranty Deed between the City of Leesburg and Cutrale Citrus Juices USA, Inc., for the purpose of conveying to Cutrale a parcel of real property in exchange for a simultaneous conveyance of other property by Cutrale to the City of Leesburg.
The City Commission authorizes inclusion in the deed of a provision releasing all mineral rights and interests and rights of entry and exploration associated therewith, which would otherwise be reserved to the City of Leesburg under the provisions of §270.11, Fla. Stat. (2012), based upon the petition of the grantee, for the reason that the parcel being conveyed is not of a sufficient size to be useful for the exploration for and extraction of any minerals which may lie under the property, and because the property is located within the municipal limits in an area where mining and exploration would not be feasible or permitted.
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 day of , 2012.
THE CITY OF LEESBURG, FLORIDA
SANNA HENDERSON, Mayor
BETTY RICHARDSON, City Clerk