AGENDA MEMORANDUM

Meeting Date:           November 13, 2006

From:                          Ron Stock, City Manager

Subject:                      Ordinance Accepting the Quit Claim Deed, Settlement and Release Agreement from Earl E. Jackson for property at 2107 Waitman Avenue, Leesburg, Florida.   

Staff Recommendation:

Staff recommends approval of the ordinance accepting the Quit Claim Deed from Earl E. Jackson conveying property at 2107 Waitman Avenue, Leesburg, Florida.

Analysis:

On September 20, 2005, the City of Leesburg received a certificate of title after the property was acquired in foreclosure for code enforcement liens against James Sager.  However, on August 23, 2005, Mr. Jackson purchased the property at a tax deed sale for $8,300.00.   Under Florida Law, the City’s interest was superior.  Therefore, when the certificate of title was issued it canceled out Mr. Jackson’s brief tenure of ownership.  Mr. Jackson asserted a claim against the City, first asking that the subject property be deeded to him for no compensation, repay him for expenses of $8,300.000 or reimburse him $4,297.73 which is the amount of outstanding property taxes that are due.  The City would have been obligated to pay the taxes regardless if Mr. Jackson had failed to do so, because the certificate of title would not have eliminated the tax liability. 

The present settlement and release agreement will pay Mr. Jackson the sum of $4,297.73, as partial reimbursement for the price he paid for the Tax Deed, representing the real property taxes the City would have had to pay on the property for the period prior to the date the City acquired title.  Mr. Jackson signed the agreement releasing the City, its officers, employees and agents from any further liability claim, or cause of action, arising out of or related to the property, and he agrees to have no further claim, right, title or interest to the Property.     

Options:

1.  Approval of staff recommendation, or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

$4,297.73 representing the real property taxes the City would have paid on the property for the period prior to the date the City acquired title.  Although funds were not specifically appropriated in account number  001-6254-554-49-80 in accordinace with the adopted budget policy, $4,298.00 is available within the operating category for this purpose.

Submission Date and Time:    11/9/2006 12:22 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. __wp_______________                                    Deputy C.M. ___________________                                          Submitted by: City Manager _________RS__________

Account No. _001-6254-554-49-80_ Project No. ___________________ WF No. ______________________ Budget  ______$4,298.00________ Available _____$4,298.00________

ORDINANCE NO. _______________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A QUIT CLAIM DEED BY EARL E. JACKSON, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA (2107 WAITMAN AVENUE); AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

The City of Leesburg, Florida, does hereby accept from Earl E. Jackson, a Quit Claim Deed dated August 14, 2006, and recorded in Official Records Book 365, Page 2005, Public Records of lake County, Florida, conveying certain real property located in Section 22, Township 19 South, Range 24 East lake County, Florida, to the City of Leesburg.

Section 2.

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

Section 3.

            This ordinance shall become effective 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 _________________, 2006.

                                                                        THE CITY OF LEESBURG

                                                                            __________________________

                                                                             Mayor

ATTEST:

__________________________

City Clerk