Description: AGENDAHED.JPG

 

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 Recommendation:

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.

 

Analysis:

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.

 

Options:

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

 

 

Submission Date and Time:    10/18/2012 5:21 PM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

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)

 

RESOLUTION NO.                       

 

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

 

 

 

                                                                                    BY:                                                                 

                                                                                                SANNA HENDERSON, Mayor

 

 

Attest:                                                                        

            BETTY RICHARDSON, City Clerk