AGENDA MEMORANDUM

 

Date:                           August 27, 2007         

 

From:                          Laura McElhanon, AICP, Community Development Director

 

Subject:                      Resolution for amending an Annexation Agreement to annexed property for             ECP Holdings, LLC formerly Richard & Betty Lasher (Windy Oaks)

 

Staff Recommendation:

Staff recommends approval of the proposed amended annexation agreement.

 

Analysis:

As a result of an error in the legal description provided by the applicant for the property of approximately 61 acres of land annexed in the City, an amended Annexation Agreement has been prepared to address the error. This amended Agreement provides:

 

·        A corrected Exhibit “A” Legal Description.

 

Options:        

1.         Approve the requested amended annexation agreement.

2.         Disapprove the proposed amended annexation agreement.

 

Fiscal Impact

There is no fiscal impact as a result of this action.

 

 

Submission Date and Time:    8/24/07 5:26 PM8/22/07 3:02 PM____

 

Department:  Community Development

Prepared by:   Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

_________________________________                                                    

_________________________________           

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, AUTHORIZING  THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED ANNEXATION AGREEMENT  WITH ECP HOLDINGS, LLC; AND PROVIDING AN EFFECTIVE DATE.

 

 

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

THAT the Mayor and City Clerk of the City of Leesburg are hereby authorized and directed to execute the Annexation Agreement between ECP Holdings, LLC and the City of Leesburg, Florida, in the form attached as Exhibit “A” to this resolution.

That this Resolution shall be effective immediately.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the 27th day of August 2007.

 

 

 

 

                                                                                                                                                                                                                              ____________________________                            Mayor

 

 

ATTEST:                                                                                                                                                                               

 

______________________________

City Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CASE #:001-1-010407                                                                                    EXHIBIT A

(Previous 074-1-100605)

 

Legal Description

 

PARCEL NO. 1:

That part of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 15 lying East of the abandoned right of way of the Seaboard Coast Line Railroad, less the East 25 feet thereof; the South 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 15, [less the right of way of State Road No. 33], less the West 25 feet thereof and less the following described parcel: Begin at a point on the Westerly line of the right of way of State Road No. 48, a distance of 130 feet West of the Southeast corner of said Southwest 1/4, run thence South 89°51'30" West along the South line of said Southwest 1/4 a distance of 150 feet; thence North 0°10'50" East 200 feet; thence East to the Westerly line of the right of way of State Road No. 48; thence Southerly along the Westerly line of said right of way to the point of beginning; That part of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 21 lying East of the abandoned right of way of the Seaboard Coast Line Railroad; The North 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 22 [lying North of the Northerly line of the right of way of Sate Road No. 48], less the East 25 feet thereof and less the abandoned right of way of the Seaboard Coast Line Railroad; And that part of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 22, lying North of the Northerly line of the right of way of Sate Road No. 48, less the West 25 feet thereof; all in Township 20 South, Range 24 East, in Lake County, Florida.

 

The NW ¼

Parcel No. 2:

 of the Northwest 1/4 of Section 22, Township 20 South, Range 24 East, Lake County, Florida, described as follows: From the Southwest corner of Section 15, Township 20 South, Range 24 East, Lake County, Florida, run thence South 00 degrees 04'33" West along the West line of said Section 22 a distance of 95.51 feet to a point on the Southeasterly right of way line of the Atlantic Coast Line Railroad, said point being 60.00 feet from, when measured at right angles to, the centerline of said Railroad, said point also being the point of beginning of this description. From said point of beginning run North 44 degrees 49'21" East along said right of way line, parallel with and 60.00 feet from, when measured at right angles to, the centerline of said Railroad, a distance of 134.58 feet to a point on the South line of the Southwest 1/4 of said Section 15; thence run North 89 degrees 58'03" West along the South line of the Southwest 1/4 of said Section 15, a distance of 42.27 feet to a point on the Southeasterly right of way line of said Railroad, said point being 30.00 feet from, when measured at right angles to, the center line of said Railroad. Said point also being South 89 degrees 58'03" East, measured along the South line of the Southwest 1/4 of said Section 15, a distance of 52.47 feet from the Southwest corner of said Section 15; from said point run thence South 44 degrees 49'21" West, 30.00 feet from, when measured at right angles to, the centerline of said Railroad to a point on the West line of Northwest 1/4 of said Section 22, said point being 47.755 feet South 00 degrees 04'33" West of the Northwest corner of the Northwest 1/4 of said Section 22; thence run South 00 degrees 04'33" West along the West line of the said Northwest 1/4, a distance of 47.755 feet to the point of beginning.