Item No: 5H.
Meeting Date: August 26, 2013
From: Bill Wiley, AICP, Community Development Director
Subject: Resolution correcting a legal description scivener’s error for an Annexation Agreement for property annexed by David H. Baldauf, Trustee, Benderson 85-I Trust, adopted June 26, 2006 by Resolution 7664.
The Planning staff recommends approval of the corrective annexation agreement.
This Annexation Agreement is being re–executed and re–recorded to correct an error in the legal description contained in the previous Annexation Agreement recorded on July 10, 2006 in Official Records Book 3206, Page 208, Public Records of Lake County, Florida. The legal that was attached to the original Annexation Agreement was in error because it described the Venetian Isle property that recently went through rezoning. This is creating a title issue for the closing on the Venetian Isle property.
1. Approve the requested corrective annexation agreement.
2. Disapprove the proposed corrective annexation agreement.
There is no fiscal impact as a result of this action.
Submission Date and Time:
Department: Community Development
Prepared by: Bill Wiley AICP
Attachments: Yes_X__ No ______
Advertised: ____Not Required ______
Attorney Review : Yes_X__ No ____
Reviewed by: Dept. Head ___BW___
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE CITY OF LEESBURG AND DAVID H. BALDAUF, TRUSTEE, BENDERSON 85-I TRUST, FOR THE PURPOSE OF CORRECTING A SCIVENER’S ERROR IN A PRIOR ANNEXATION AGREEMENT ADOPTED BY RESOLUTION 7664 WHICH CONTAINED AN ERRONEOUS LEGAL DESCRIPTION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Leesburg previously entered into an Annexation Agreement with, David H. Baldauf, Trustee, Benderson 85-I Trust, which has been found to have contained an erroneous legal description including property not intended by the parties to be subject to that Agreement, and
WHEREAS, it is necessary and desirable that the City enter into a new Annexation Agreement with a correct legal description so as to clear any cloud on the title to the property erroneously included in the first Agreement,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA,
THAT the Mayor and City Clerk are authorized to execute an Annexation Agreement with David H. Baldauf, Trustee, Benderson 85-I Trust, for the purpose of re–executing and re–recording to correct an error in the legal description contained in that certain Annexation Agreement adopted by Resolution 7664 and recorded on July 10, 2006 in Official Records Book 3206, Page 208, Public Records of Lake County, Florida (the “Original Agreement”). By their execution below the parties agree (i) that the parcel of real property described in Exhibit “B” of the Original Agreement (the “Erroneously Described Parcel”) was erroneously included in the Original Agreement recorded as provided above and (ii) as to the Erroneously Described Parcel, the Original Agreement is hereby terminated, released and shall be deemed void ab initio.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, on the 26th day of August, 2013.
THE CITY OF LEESBURG, FLORIDA
DAVID KNOWLES, Mayor
BETTY RICHARDSON, City Clerk