AGENDA MEMORANDUM
Meeting Date: November 26, 2007
From: Kenneth L. Thomas, Director of Housing & Economic Development
Subject: Resolution authorizing a contract for sale of City owned property south of US Hwy 441, east of S.R. 44 and North of Main Street to Peter Edwards
Staff Recommendation:
Staff recommends approval of the contract for Sale of Real Property to Peter Edwards.
Analysis:
Mr. Edwards currently owns a commercial building at 1408 East Main Street that is occupied by several retail businesses. Mr. Edwards is requesting to purchase City owned property behind (north) his existing building for additional parking. Staff is not suggesting to sell Mr. Edwards the entire tract (115’ x 210’) owned by the City, but a portion of the parcel extending approximately 115’ x 125’ as described in Exhibit A. This will allow Mr. Edwards’ commercial tenants to accommodate a greater customer base by having adequate parking spaces. The wooded area is not currently utilized by any City Departments. Staff believes construction of a parking lot will require a large amount of fill dirt to raise the elevation to meet existing grading of Mr. Edwards’ property. Majority of the plant material on City property are herbaceous shrubs, red mulberry, and camphor trees according to City Arborist Jennifer Magavero.
Staff recommends the following as a condition of sale of the property: include language in the deed prohibiting the Buyer from removing a “heritage oak” from the property being sold, which is directly behind Mr. Edwards’s commercial building, without prior written consent of the Seller.
Also, the purchase price shall be determined by an appraisal obtained by the Seller and paid for by the Buyer. The Buyer has a sixty day Inspection Period. Thereafter, if all conditions are satisfied, a closing shall occur on or before the thirtieth day following the satisfaction of all conditions.
Options:
1. Approve the Contract for Sale of Real Property or;
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact: N/A
Submission Date and Time: 11/21/2007 6:16 PM____
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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 OF REAL PROPERTY BETWEEN THE CITY OF LEESBURG, AS SELLER, AND PETER EDWARDS, AS BUYER WITH LANGUAGE TO BE INCLUDED IN THE DEED TO PROHIBIT REMOVAL OF THE “HERITAGE OAK” WITHOUT PRIOR WRITTEN CONSENT OF THE SELLER; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:
THAT the Mayor and the City Clerk are authorized and directed to execute a Contract for Sale of Real Property between The City of Leesburg, Florida, as Seller, and Peter Edwards, as Buyer, whose address is 9475 Silver Lake Drive, Leesburg, Florida 34788 in the form attached as Exhibit “A” to this resolution, which includes prohibition of removal of the “heritage oak” without prior written consent of the seller.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the __26th___ day of __November_______ 2007.
THE CITY OF LEESBURG
__________________________
Mayor
ATTEST:
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City Clerk