AGENDA MEMORANDUM

Meeting Date:              December 8, 2008

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

Subject:                       Resolution Approving an Agreement for Temporary Drainage and Retention Easement with Neil Fischer

Staff Recommendation:

Staff recommends adopting the resolution approving an agreement for temporary drainage and retention easement with Neil Fischer.

Analysis:

On January 22, 2007, the City Commission approved the purchase of approximately 7,562.2 square feet from Neil Fischer as part of a plan to extend the travel corridor between Ruby Tuesday on the west, and Midas Muffler on the east.  Mr. Fischer has agreed to sell a portion of the property directly behind his two commercial buildings, near the eastern end of the proposed project.

The purchase and sale agreement did not contain language that addressed stormwater drainage and/or retention for the remaining property.  Mr. Fischer is in the process of selling the adjacent property and the seller is asking for assurances regarding these stormwater issues.  The easement addresses the buyer’s concerns and identifies the rights and responsibilities of all parties involved.

Options:

1.  Adopt the resolution as presented:  or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

There is no fiscal impact to the City connected with this transaction.

Submission Date and Time:    12/4/2008 4:20 PM____

Department: Administration Prepared by:  EF Smyth, DCM                      Attachments:         Yes____   No ______ Advertised:   ____Not Required ______ Dates:   _________________________ Attorney Review :       Yes___  No ____ _______________________________ Revised 6/10/04

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

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

RESOLUTION NO._______________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT TO CONVEY TEMPORARY EASEMENT WITH NEIL J. FISCHER, JR.; AND PROVIDING AND EFFECTIVE DATE.

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

            THAT the Mayor and City Clerk are hereby authorized to execute an agreement with Neil J. Fischer, Jr. whose address is 32426 Crystal Breeze Lane, Leesburg, Florida 34788, granting a temporary easement for the discharge, drainage use, and retention of stormwater runoff, and to maintain and operate the property at his sole cost and expense.

             THAT this resolution shall become effective immediately.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the   8th   day of   December  , 2008

                                                                            __________________________

                                                                             Mayor

ATTEST:

__________________________________

City Clerk