Description: AGENDAHED.JPG

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.

 

 

 


Staff Recommendation

The Planning staff recommends approval of the corrective annexation agreement.

 

Analysis

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.  

 

Options:

1.         Approve the requested corrective annexation agreement.

2.         Disapprove the proposed corrective annexation agreement.

Fiscal Impact:

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 ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X__  No ____

                                                 

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ___BW___

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


RESOLUTION 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

 

 

 

                                                                                    BY:                                                                 

                                                                                                DAVID KNOWLES, Mayor

 

ATTEST:                                                       

               BETTY RICHARDSON, City Clerk