AGENDA MEMORANDUM

 

 

Meeting Date:           April 9, 2007

 

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

 

Subject:                      Resolution authorizing an agreement with Cutrale Citrus Juices USA, Inc.. for the Purchase of Property Located in Section 25, Township 19 south, Range 24 east.

 

 

Staff Recommendation:

Staff recommends approval of the agreement for the sale and exchange of property located in Section 25, Township 19 south, Range 24 east with Cutrale Citrus Juices USA, Inc. for $15,722.36.

Analysis:

On December 22, 2005, 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 of the railroad right-of-way were excluded from the FCT grant where adjacent property owners encroached onto the right of way, or where the City had plans for the property beyond just a recreational trail.  FCT will not participate in acquiring property where private encroachments exist or where non-trail uses are proposed.  The acquisition was structured so that local funds paid for those sections with the intent to sell some of them to encroaching property owners.  

Cutrale Citrus Juices is planning the expansion of their warehouse operations that are on the south side of Main Street, west of the former CSX right-of-way that the City now owns.  Expansion of the warehouse requires encroachment onto the City’s newly acquired property, and would require relocation of the trail.  Provided that Cutrale dedicates sufficient land for relocation of the trail along this corridor, the City’s plans will not be adversely impacted.

The City took a first step toward this agreement on August 14, 2006, when the City Commission adopted Resolution 7691.  That resolution authorized execution of an Owner’s Affidavit to permit Cutrale to seek a Conditional Use Permit (CUP) from the Planning Commission that includes the former railroad right-of-way.

The CUP was granted on January 26, 2007 by the Planning Commission.  On January 8, 2007, the City Commission adopted Ordinance 07-03, vacated a portion of Indiana Street running through this property and directly adjacent to the former railroad right-of-way.

The sale and purchase agreement will sell to Cutrale 30,125.132 square feet of railroad right-of-way valued at $0.795 per square foot, the price paid by the City of Leesburg for this property.  In exchange, Cutrale Citrus Juices will exchange 10,348.58 square feet of their property along Main Street and the eastern boundary of this area for use as part of the Rails to Trail project, and make a cash payment to the City of Leesburg for the remainder of the railroad property.  Cutrale’s exchanged land was valued at the same rate as the railroad property.  In addition, condition # 11 of the CUP requires Cutrale to install the asphalt for the trail sections, according to the City’s specifications at the time of the project construction.

Options:

1.  Approve the sale and purchase agreement;  or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact

The City will receive $15,722.36 for the sale of the property, which will be returned to the Electric  Fund.

Submission Date and Time:    4/5/2007 4:11 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. __041-0000-369-90-00

 

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 A CONTRACT FOR SALE AND PURCHASE BETWEEN CUTRALE CITRUS JUICES USA, INC., AS BUYER AND THE CITY OF LEESBURG, AS SELLER, FOR PROPERTY LOCATED IN SECTION 25, TOWNSHIP 19 SOUTH, RANGE 24 EAST; AND PROVIDING AND EFFECTIVE DATE.

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

 

            THAT the Mayor and City Clerk are hereby authorized to execute an agreement  with Cutrale Citrus Juices USA, Inc., whose address is 602 McKean Street, Auburndale, FL, 33823, for the sale and exchange of property located in Section 25, Township 19 south, Range 24 east, shown in Exhibits A, B & C of the agreement.

 

             THAT this resolution shall become effective immediately.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the __9th___ day of __April __ 2007.

 

 

 

                                                                            __________________________

                                                                             Mayor

 

ATTEST:

 

 

__________________________

City Clerk