AGENDA MEMORANDUM

Meeting Date:           November 13, 2006

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

Subject:                      Ordinance accepting a general warranty deed given by Neil J. Fischer to the City of Leesburg for land in Section 22, Township 19, Range 25 East

Staff Recommendation:

Staff recommends approval of the ordinance accepting the warranty deed from Neil J. Fischer for approximately 15,852.4 square feet of land between Ruby Tuesday and Midas Muffler.

Analysis:

At the August 14, 2006 City Commission meeting, the Commission approved a contract for the sale and purchase of the above property owned by Neil J. Fischer.  This property was purchased to construct a reverse frontage road that will extend the travel corridor between Ruby Tuesday on the west, and Midas Muffler on the east.  The purchase price was $237,786.00 plus closing costs. 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.  Adopt the ordinance accepting the warranty  deed

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact:  None

Submission Date and Time:    11/22/2006 12:53 PM____

Department: Administration Prepared by:  E.F. Smyth, ACM Attachments:         Yes X    No ______ Advertised:   ____Not Required ______ Dates:   __________________________                       Attorney Review :       Yes___  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. __wp________________                                    Deputy C.M. ___________________                                          Submitted by: City Manager _______RS____________

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

ORDINANCE NO. _______________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A GENERAL WARRANTY DEED GIVEN BY NEIL J. FISCHER, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, (CRYSTAL BREEZE LANE); 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 Neil J. Fischer a General Warranty Deed dated September 25, 2006, and recorded in Official Records Book 3280, Public Records of Lake County, Florida, conveying certain real property located in Section 22, Township 19 South, Range 25 East, Lake County Florida, (Crystal Breeze Lane) 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 he regular meeting of the City Commission of the City of Leesburg, Florida, held on the _______ day of __________________, 2006.

                                                                                                THE CITY OF LEESBURG

                                                                                                ______________________________

                                                                                                Mayor

ATTEST:

___________________________________________

City Clerk