AGENDA MEMORANDUM

Meeting Date:           September 11, 2006

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

Subject:                      Ordinance Accepting the Warranty Deed from the School Board of Lake County for Property located on Griffin Road

Staff Recommendation:

Staff recommends accepting the Warranty Deed from the School Board of Lake County for the 11 acre site to be used as the future site of the City gymnasium.

Analysis:

On September 12, 2005, the City Commission approved the contract to purchase property adjacent to the railroad right-of-way at Griffin Road near the Carver Middle School from the School Board of Lake County.  This 11 acre tract is the future site of the city wide gymnasium.  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.  Approve acceptance of the Warranty Deed; or

2.  Such alternative action as the Commission may deem appropriate.

Fiscal Impact: 

There is no fiscal impact to this action.

Submission Date and Time:    9/6/2006 4:41 PM____

Department: ______________________ Prepared by:  ______________________                      Attachments:         Yes____   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       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 THE SCHOOL BOARD OF LAKE COUNTY, FLORIDA, F/K/A BOARD OF PUBLIC INSTRUCTION,, 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 the School Board of Lake County, Florida, f/k/a Board of Public Instruction, a Warranty Deed dated January 26, 2006, and recorded in Official Records Book 3069, Pages 2380 - 2381, Public Records of 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 _________, 2006.

                                                                                    THE CITY OF LEESBURG

                                                                                    By: _________________________________

                                                                                                Mayor

ATTEST:

___________________________________

City Clerk