Staff recommends adopting the resolution approving an agreement for temporary drainage and retention easement with Neil Fischer.
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.
1. Adopt the resolution as presented: or
2. Such alternative action as the Commission may deem appropriate
There is no fiscal impact to the City connected with this transaction.
Prepared by: EF Smyth, DCM
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Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ________EFS________
City Manager ___________________
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Project No. ___________________
WF 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