AGENDA MEMORANDUM

Meeting Date: February 22, 2010

From:                          Fred A. Morrison, City Attorney

Subject:                      Lake County Water Authority Deed Modification Agreement conveying the railroad right-of-way running south to Flat Island Preserve

Staff Recommendation:

Staff recommends approval of a Deed Modification Agreement with the Lake County Water Authority to modify conditions set out in the deed from the Water Authority to the City, conveying the railroad right of way running south to Flat Island Preserve.

Analysis:

Previously the Lake County Water Authority conveyed to the City its interest in the railroad right of way running south toward their Flat Island Preserve. That deed contained a restriction limiting use of the right of way to recreational trails. The City desires to utilize the right of way for public utility purposes as well and the Water Authority has agreed to modify the restriction to permit that activity on the property. The modification agreement being presented to the Commission will document that modification so the City can use the rail corridor for underground utilities.

Options:

1. Adopt the resolution authorizing the execution of the modification agreement, or

2. Decline to adopt the resolution and indicate which other course of action the Commission wishes to take with respect to the existing restriction on the use of the property.

Fiscal Impact: 

There is no cost to the City to enter into the modification, but it may save money in the future on acquisition of right of way which would be needed if the rail corridor is not available for utility purposes.

Submission Date and Time:    2/19/2010 10:07 AM____

Department: ______________________ Prepared by:  ______________________                      Attachments:         Yes____   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes___  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. _________JB_______                                    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 EXECUTION OF A DEED MODIFICATION AGREEMENT WITH THE LAKE COUNTY WATER AUTHORITY TO MODIFY CONDITIONS SET OUT IN THE DEED FROM THE WATER AUTHORITY TO THE CITY, CONVEYING THE RAILROAD RIGHT OF WAY RUNNING SOUTH TO FLAT ISLAND PRESERVE TO INCLUDE PERMISSION FOR THE CITY TO USE THE RIGHT OF WAY FOR PUBLIC UTILITIY PURPOSES AS WELL AS THE ORIGINAL RECREATIONAL TRAIL ACTIVITIES; AND PROVIDING AN EFFECTIVE DATE.

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

            THAT the Mayor and City Clerk are hereby authorized to execute agreement Deed Modification Agreement  with Lake County Water Authority, a Florida public corporation, whose address is 107 North Lake Avenue, Tavares, Florida 32778.

 THAT this resolution shall become effective immediately.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _22nd____ day of _February________ 2010.

                                                                            _________________________________

                                                                             Mayor

ATTEST:

____________________________________

City Clerk