11-2222 Accepting Letter of Intent for Grant of Easement from Progress Energy - Wirz Trail Section 1

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RESOLUTION 11 -2222 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA ACCEPTING A LETTER OF INTENT FOR A GRANT OF EASEMENT FROM PROGRESS ENERGY FLORIDA ASSOCIATED WITH THE CONSTRUCTION OF WIRZ TRAIL SECTION 1; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE." WHEREAS, trail systems are a valuable asset to the vibrancy of a community providing outlets and opportunities for both recreation and transportation; and WHEREAS, trail systems provide an economic benefit to cities and neighborhoods where trails exist and are a significant element of the City of Casselberry's Comprehensive Plan; and WHEREAS, as a federal requirement, all identified project easements must be acquired or assurances must be given prior to receiving federal funds to construct trail systems; and WHEREAS, Progress Energy Florida has submitted a Letter of Intent, acknowledging their intent to grant the City the easement necessary to construct Section 1 of the Wirz Trail, as their legal staff was not able to provide the necessary easement documentation to meet the federal funding deadline; and WHEREAS, this Letter of Intent will satisfy said requirements; and WHEREAS, City staff has reviewed the Letter of Intent for the Grant of Easement submitted by Progress Energy Florida and finds it favorable to meet the needs of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION L The City Commission of the City of Casselberry hereby accepts the Letter of Intent for a Grant of Easement from Progress Energy Florida (attached as Exhibit "A ") necessary for the construction funding for Wirz Trail Section 1. SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III. Severability. 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 IV. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this day of l -, A.D. 2011. ATTEST: #,,,' " -~ Donna G Gardner Charlene Glancy 69 J City Cleric Mayor /Commissioner