AGENDA MEMORANDUM

Meeting Date: October 22, 2007

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

Subject:                      Ordinance accepting a Warranty Deed from Cutrale Citrus Juices USA, Inc.

Staff Recommendation:

Staff recommends approval of the ordinance accepting the Warranty Deed given by Cutrale Citrus Juices USA, Inc

Analysis:

At the April 9, 2007 City Commission meeting, the Commission approved a Contract for the sale and purchase of the above property owned by Cutrale Citrus Juices USA, Inc. This property was a part of the purchase and exchange of property negotiated with Cutrale for the Railroad Right-of-Way associated with their expansion of warehouse operations on the South side of Main Street.  The purchase price was $15,722.36 and 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, plus closing costs. Closing has been completed and the deed has been recorded.  Acceptance of this Warranty Deed, as required by our Charter, will conclude this transaction.

Options:

1.  Approval of staff recommendations, or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact:  None

Submission Date and Time:    11/8/2007 11:46 AM____

Department: _Executive ____________ Prepared by:  __Ron Stock___________                      Attachments:         Yes_X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :    X  Yes___  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 _____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A WARRANTY DEED GIVEN BY CUTRALE CITRUS JUICES USA, INC., AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 25, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; 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 Cutrale Citrus Juices USA, Inc., a Warranty Deed dated August 9, 2007, and recorded in Official Records Book 3494, Page 1631, Public Records of Lake County, Florida, conveying certain real property located in Section 25, 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 ______________, 2007. 

THE CITY OF LEESBURG

By:______________________________________

            Mayor

ATTEST:

___________________________________

City Clerk