AGENDA MEMORANDUM

 

 

Meeting Date:           June 25, 2007

 

From:                          Raymond S. Sharp, Director, Environmental Services

 

Subject:                      Resolution authorizing   release of mineral reservations for  property at 1600 County Road 470, Leesburg, Florida

 

 

Staff Recommendation:

Staff recommends approval of the release of mineral reservations for property purchased by CR470 L.L.C. (C & C Peat)

 

Analysis:

This release of mineral rights is justified by the following reasons: mining and exploration for minerals or other metals, or petroleum would not be permitted in this area by the Land Use Regulations and Comprehensive Land Use Plan of the City of Leesburg, Florida, nor would it be in accordance with the Comprehensive Land Use Plan of Lake County, Florida.   The parcel in question is too small to permit any commercially profitable mining or exploration for minerals, petroleum, phosphate or metals, and is also physically too small to accommodate any attempt to explore or mine the same.  Mining and exploration for petroleum and minerals would be incompatible with the anticipated surface use of the property by the purchaser, as an industrial site, and would interfere with the intent of the City of Leesburg to foster industrial and economic development through the sale of this property. The reservation of mineral rights would constitute a cloud on the title to the property in the hands of the purchaser, thereby preventing use of the property as collateral for financing and depriving the purchaser of a marketable and salable title to the land.

 

Options:

1.  Approve the resolution as presented, or,

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

There is no fiscal impact to the City of Leesburg.

 

 


Submission Date and Time:    6/20/2007 4:19 PM____

 

Department: _Environmental Services___

Prepared by:  _Marj Allman__________                     

Attachments:         Yes__x__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_x__  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

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, APPROVING THE RELEASE OF MINERAL RESERVATIONS UNDER THE AUTHORITY OF SECTION 270.11, FLORIDA STATUTES, WITH REGARD TO THE SALE OF REAL PROPERTY LOCATED AT 1600 COUNTY ROAD 470, LEESBURG, FLORIDA, SAID PROPERTY LYING IN SECTION 17,  TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; SETTING FORTH REASONS JUSTIFYING THE RELEASE OF MINERAL RIGHTS; AND PROVIDING AN EFFECTIVE DATE.  (CR470 L.L.C. – C&C PEAT)

 

 

WHEREAS, the City of Leesburg, Florida, has sold land located at 1600 County Road 470, Leesburg, Florida, to CR470, L.L.C., more particularly described as follows:

 

A portion of the Southeast 1/4 of Section 17, Township 20 South, Range 24 East, Lake County, Florida, being more particularly described as follows: 

 

Commence at the Southeast corner of said Section 17, thence along the East line of the Southeast 1/4 of said Section 17, North 00°46'06" East, 1712.72 feet; thence North 89°13'54" West, 40.00 feet to the Point of Beginning; thence continue North 89°13'54" West 980.00 feet; thence North 00°46'06" East, 717.97 feet; thence North 43°00'24" East, 526.59 feet to a point 25.00 feet Southwesterly of the centerline of the Main Access Road, for the City of Leesburg; thence parallel with said centerline the following three (3) courses and distances; (1) South 46°59'36" East, 108.69 feet to the point of curvature of a curve concave Northeast, having a radius of 225.00 feet, a chord of 31.42 feet that bears South 50°59'50" East and a central angle of 08°00'29"; (2) Southeasterly along the arc of said curve a distance of 31.45 feet to the point of tangency; (3) South 55°00'05" East, 629.98 feet to a point 40.00 feet West of said East line of the Southeast 1/4, Section 17; thence parallel with said East line, South 00°46'06" West, 660.94 feet to the Point of Beginning. 

 

TOGETHER WITH:  an easement for ingress and egress over and across the property described on Exhibit "A".

 

WHEREAS, Section 270.11, Florida Statutes, requires the City of Leesburg to reserve an undivided 3/4 interest in, and title in and to an undivided 3/4 interest in, all the phosphate, minerals and metals that are, or may be, in, on, or under the said land together with an undivided ½ interest in all the petroleum that is or may be in, on or under the said land, with the privilege to mine and develop the same; and

 

WHEREAS, Section 270.11 allows the City of Leesburg to release that reservation of mineral rights upon petition by the purchaser, where there are reasons justifying such release; and 

 

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Leesburg, Florida, that the City of Leesburg does hereby release the reservation of mineral rights required by Section 270.11, Florida Statutes, in its entirety, together with the right and privileges to mine and develop the same, upon conveyance of the real property described above to the purchaser, CR470, L.L.C.  The deed of conveyance shall be considered to transfer and convey title to the purchaser free and clear of any such reservation of mineral rights. 

 

 

BE IT FURTHER RESOLVED that this release of mineral rights is justified by the following reasons:  mining and exploration for minerals or other metals, or petroleum, would not be permitted in this area by the Land Use Regulations and Comprehensive Land Use Plan of the City of Leesburg, Florida, nor would it be in accordance with the Comprehensive Land Use Plan of Lake County, Florida; the parcel in question is too small to permit any commercially profitable mining or exploration for minerals, petroleum, phosphate or metals, and is also physically too small to accommodate any attempt to explore or mine the same; mining and exploration for petroleum and minerals would be incompatible with the anticipated surface use of the property by the purchaser, as an industrial site, and would interfere with the intent of the City of Leesburg to foster industrial and economic development through the sale of this property; and the reservation of mineral rights would constitute a cloud on the title to the property in the hands of the purchaser, thereby preventing use of the property as collateral for financing and depriving the purchaser of a marketable and salable title to the land. 

 

THIS RESOLUTION 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 __25th____ day of ___June___, 2007. 

 

 

THE CITY OF LEESBURG

 

By:_________________________________

            Mayor

 

ATTEST:

 

_____________________________

City Clerk

 

 

 

 

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