AGENDA MEMORANDUM

Meeting Date:           August 28, 2006

From:                          Edward F. Smyth, Jr., Assistant City Manager

Subject: RA resolution authorizing the Mayor and City Clerk to the executeion of a Quit Claim Deed transferring certain real property to Leesburg Commerce Center Condominium Owners Association

Staff Recommendation:

Staff recommends Aadopting the attached resolution authorizing the Mayor and City Clerk to execute to authorize execution of a quit claim deed for a portion of the railroad right-of-way that is encroached upon by improvements of the Leesburg Commerce Center Condominium Owners Association

Analysis:

On December 22, 2006, the City of Leesburg completed the purchase of the former CSX railroad right-of-way from the Trust for Public Lands (TPL), in part through a grant from the Florida Community Trust (FCT).  During the negotiations leading up to closing, several pieces parcels of the railroad right-of-way were excluded from the FCT grant where adjacent property owners encroached onto the right- of- way.  This is because FCT will not participate in acquiring property where private encroachments exist.  The acquisition was structured so that local funds paid for those sections parcels with the intent to sell them to the encroaching property owners.  

The Leesburg Commerce Center Condominium Owners Association is the first property owner to respond positively to this offer.  On March 27, 2006 the City Commission approved the sale and the contract for sale and purchase was executed.  The attached resolution and quit claim deed are the documents necessary to complete this transaction.

Options:

1.  Adopt the resolution;

2.  Such alternative action as the Commission may deem appropriate.

Fiscal Impact: 

There is no fiscal impact.

Submission Date and Time:    8/23/2006 7:05 PM8/23/2006 11:49 AM8/21/2006 4:17 PM8/18/2006 3:38 PM8/17/2006 4:54 PM____

Department:  Administration Prepared by:  E.F. Smyth, ACM                       Attachments:         Yes  X   No ______ Advertised:   ____Not Required   X                        Dates:   __________________________                      Attorney Review :       Yes X  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. __________________                                    Deputy C.M. ___________________                                          Submitted by: City Manager ______RS_____________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________