AGENDA MEMORANDUM

Meeting Date: June 23, 2008

From:                          Fred A. Morrison

Subject:                      Resolution dedicating certain real property for Cypress Street Right of Way

Staff Recommendation:

Staff recommends adopting the resolution dedicating real property conveyed to the City by Arthur H. Bourlay in 1992 as a public right of way for the extension of Cypress Street to the South of Gibson Street.

Analysis:

In 1992, Arthur H. Bourlay conveyed a strip of real property to the City of Leesburg as shown by the attached deed and survey. This was intended as additional right of way for the extension of Cypress Street to the South of Gibson Street; however the property was never officially dedicated as a public road. A property owner along that portion of Cypress Street has requested that the City formally dedicate the strip as a public road so there is no question that it provides a legal means of ingress and egress to those living along that part of the street.

Options:        

1. Pass the resolution dedicating the property as a public road, or

2. Such other action as the Commission deems appropriate.

Fiscal Impact: 

There will be no fiscal impact to the City. The property is already owned by the City and the City has been maintaining the road for a number of years, thus dedicating it officially as a road will not add further to the City’s obligation in that regard.

Submission Date and Time:    6/20/08 4:48 PM____

Department: ___City Attorney____ Prepared by:  ___Fred Morrison Attachments:  Yes_ X__   No ______ Advertised:   ____Not Required ___X_ Dates:   __________________________                      Newspapers: _________________________________                                                     _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. __________________                                    Deputy C.M. ________EFS________                                           Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

RESOLUTION NO.

A RESOLUTION OF THE CITY OF LEESBURG, FLORIDA, DEDICATING CERTAIN REAL PROPERTY LOCATED IN OR ADJACENT TO LAKE FOREST SUBDIVISION, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 69, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AS RIGHT OF WAY FOR THE EXTENSION OF CYPRESS STREET LYING SOUTH OF GIBSON STREET, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on September 3, 1992, Arthur H. Bourlay as Trustee of the Arthur H. Bourlay Revocable Trust dated July 25, 1989, conveyed certain real property to the City of Leesburg, Florida, by deed recorded in Official Records Book 1190, Page 1769, Public Records of Lake County, Florida, and

            WHEREAS, that deed was accepted by the City of Leesburg by Ordinance No. 92 – 37 passed on December 14, 1992, but Ordinance No. 92 – 37 and the deed were silent on the purpose for which the property was conveyed to the City, and

            WHEREAS, in fact the property was conveyed to the City as right of way for the extension of Cypress Street to the South of Gibson Street, in Lake Forest Subdivision Unit No. 1, according to the plat thereof recorded in Plat Book 12, Page 69, Public Records of Lake County, Florida, and

            WHEREAS, the City of Leesburg has been maintaining that portion of unpaved Cypress Street encompassed within the legal description set forth in the above referenced deed, since acquiring title to the property, but questions have arisen nonetheless about whether the extension of Cypress Street constitutes a public roadway for purposes of providing a legal means of ingress and egress to real property contiguous to it,

            NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, that the portion of unpaved Cypress Street as legally described in the deed referenced above is hereby dedicated as a public thoroughfare, without however imposing upon the City of Leesburg any obligation to pave or otherwise improve the roadway beyond the condition in which it has been maintained since the City acquired title to the right of way.

            PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, on the       23rd     day of                         June     , 2008.

                                                                                    THE CITY OF LEESBURG, FLORIDA

                                                                                    BY:

                                                                                                MAYOR

Attest:

            CITY CLERK