AGENDA MEMORANDUM

Meeting Date:           November 13, 2006

From:                          Raymond S. Sharp, Director, Environmental Services

Subject:                      Ordinance accepting a Special Warranty Deed given by The Plantation at Leesburg Limited Partnership pertaining to the water and wastewater assets of Plantation at Leesburg

Staff Recommendation:

Staff recommends approval of the Ordinance to accept a special warranty deed for water and wastewater assets of the Plantation at Leesburg

Analysis:

The City Commission approved the purchase of water and wastewater assets of The Plantation at Leesburg (Lake Utility Co.) under Resolution No. 7656 on June 12, 2006.  This Ordinance will accept a Special Warranty Deed given by the Plantation at Leesburg that conveys the real property associated with the acquisition of Lake Utility Co.

Options:

1.  Approve the Ordinance, or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

The sum of $10.00 will be paid from bond anticipation note previously approved by commission.

Submission Date and Time:    12/6/2006 4:46 PM____

Department: _Environmental Services__ Prepared by:  __Marj Allman_________                      Attachments:         Yes__x__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes_x__  No ____ _________________________________            Revised 6/10/04

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

Account No. _043-3099-533-6110_ Project No. __430006___________ WF No. _____312582-001_________ Budget  ______________________ Available _____________________

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A SPECIAL WARRANTY DEED GIVEN BY THE PLANTATION AT LEESBURG LIMITED PARTNERSHIP, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, AND ASSIGNMENT OF EASEMENTS,  PERTAINING TO LAND  IN SECTION 36, TOWNSHIP 20 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 Plantation at Leesburg Limited Partnership a Special Warranty Deed dated July 31, 2006, and recorded in Official Records Book 3228, Pages 863-868, Public Records of Lake County, Florida, and Assignment of Easements dated July 31, 2006, and recorded in Offical Records Book 3228, Pages 869-872, Public Records of Lake County, conveying certain real property in Section 36, Township 20 South, Range 24 East, 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