06-1658 Drainage Easement Agreement with Anchor Road Commerce Center, LLC

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RESOLUTION 06-1658 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, TO ENTER INTO A DRAINAGE EASEMENT AGREEMENT WITH ANCHOR ROAD COMMERCE CENTER LLC; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." WHEREAS, the City of Casselberry was involved in litigation regarding property formerly owned by Harold Decker which resulted in a Modified Stipulation and Settlement Agreement dated March 8, 1999; and WHEREAS, an Addendum to the Modified Stipulation and Settlement Agreement dated April 16, 1999 requires the City grant a drainage easement to Harold Decker for construction of a drainage system on his property; and WHEREAS, Anchor Road Commerce Center LLC is the current owner of the Decker property and is authorized to execute a drainage easement agreement with the City; and WHEREAS, City staff and the City Attorney have reviewed the proposed Drainage Easement Agreement and recommends approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission of the City of Casselberry hereby approves the Drainage Easement Agreement (attached as "Exhibit A"), and authorizes the Mayor to execute said document on behalf of the City. SECTION II. The City Commission hereby accepts the terms and conditions as presented in said Agreement. SECTION III. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed, SECTION IV. Severabilitv. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. SECTION V. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTED this 13!f day of m~ ,AD 2006. ATTEST: ~~ 7tJ~ Thelma McPherson City Clerk Bob Goff Mayor/Co