AGENDA MEMORANDUM

Meeting Date:           April 28, 2008

From:                          Darel W. Craine, Deputy Director, Environmental Services

Subject:                      Ordinance accepting a Special Warranty Deed from Embarq as owner of real property located at the southeast corner of Lee and Webster Streets

Staff Recommendation:

Staff recommends approval of the ordinance accepting the warranty deed from Embarq for property located at the southeast corner of Lee and Webster Streets.

Analysis:

The City purchased this property to construct a stormwater system as part of the Whispering Pines project.  The purchase price was $258,021.00.  Closing has been completed and the deed has been recorded.  Acceptance of the warranty deed, as required by our Charter, will conclude this transaction.

Options:

1. Adopt the ordinance accepting the warranty deed, or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None.

Submission Date and Time:    5/16/2008 11:26 AM____

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

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

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

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A SPECIAL WARRANTY DEED GIVEN BY EMBARQ FLORIDA, INC., AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 23, 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 Embarq Florida, Inc., a Special Warranty Deed dated December 28,. 2007, and recorded in Official Records Book 3575, Pages 1903–1905, Public Records of Lake County, Florida, conveying certain real property located in Section 23, Township 19 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 ______________, 2008. 

THE CITY OF LEESBURG

By:__________________ ___________

            Mayor

ATTEST:

_______________________________________

City Clerk