AGENDA MEMORANDUM

Meeting Date:           May 23, 2011

From:                          Paul Kalv, Electric Director

Subject:                      Ordinance accepting a Quitclaim Deed given by Walling Enterprises, Inc.

Quitclaim Deed CL3484

Staff Recommendation:

Staff recommends accepting the Quitclaim Deed CL3484 dated April 11, 2011from the City of Leesburg to Walling Enterprises, Inc., transferring a portion of abandoned railroad right of way in return for a conveyance of a similar strip of property to the City for trail purposes. The deed has been recorded and is ready for acceptance.

Analysis:

The City of Leesburg needs a strip of property on the border of Walling Enterprises, Inc. to realign the trail so it does not bisect the Walling’s land. The City agreed to give the Wallings a portion of abandoned railroad right of way in return for a similar strip of property on the border of their property (that part of the abandoned ACL Railroad lying in the north ½ of the SE ¼ of Section 22, Township 19 South, Range 24 East in Lake County, FL).

Options:

1.  Adopt the Ordinance as presented; or,

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None

Submission Date and Time:    5/18/2011 4:09 PM____

Department: _Electric________________ Prepared by:  _Sabrina Hubbell________                      Attachments:         Yes_X___   No _____ Advertised:   ____Not Required _X____ Dates:   __________________________                       Attorney Review :       Yes_X_  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head _Paul Kalv_ 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 QUITCLAIM DEED GIVEN BY WALLING ENTERPRISES, INC., AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 22, 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 Walling Enterprises, Inc., a Quitclaim Deed, dated April 11, 2011, and recorded in Official Records Book 4027, Pages 1464–1466, Public Records of Lake County, Florida, conveying certain real property in Section 22, Township 19 South, Range 24 East, Lake County, Florida, to the City of Leesburg, as more particularly described therein. 

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 June, 2011. 

THE CITY OF LEESBURG

By:____________________________________

            Mayor

ATTEST:

_______________________________________

City Clerk