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RESOLUTION 11 -2267 <br />"A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA APPROVING <br />AND AUTHORIZING THE ACCEPTANCE OF A RECREATIONAL TRAIL <br />EASEMENT FROM PROGRESS ENERGY FLORIDA, INC. TO THE CITY OF <br />CASSELBERRY FOR WHIZ TRAIL SECTION I; PROVIDING FOR <br />CONFLICTS, SEVERABILITY AND EFFECTIVE DATE." <br />WHEREAS, trail systems are a valuable asset to the vibrancy of a community providing outlets <br />and opportunities for both recreation and transportation; and <br />WHEREAS, the City wishes to construct Wirz Trail Section I, which requires a Recreational <br />Trail Easement on Progress Energy Florida, Inc. property located on Cannon Way, west of Winter Park <br />Drive, and on the east side of their electrical sub - station on Winter Park Drive; and <br />WHEREAS, Progress Energy Florida, Inc. has agreed to grant a Recreational Trail Easement to <br />the City of Casselberry to satisfy requirements for the construction of Wirz Trail Section 1; and <br />WHEREAS, the City desires to accept the Recreational Trail Easement from Progress Energy <br />Florida, Inc. to satisfy the construction and public access requirements of Wirz Trail Section 1. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY <br />OF CASSELBERRY, FLORIDA, AS FOLLOWS: <br />SECTION L The City Commission of the City of Casselberry hereby approves and accepts a <br />Recreational Trail Easement from Progress Energy Florida, Inc. (attached as Exhibit A). <br />SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the <br />provisions of this Resolution are hereby repeated. <br />SECTION III. Severability. If any Section or portion of a Section of this Resolution proves to be <br />invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect <br />of any other Section or part of this Resolution. <br />SECTION IV. Effective Date. This Resolution shall become effective immediately upon its <br />passage and adoption. <br />PASSED AND ADOPTED this ,, 7 day of J A.D. 2011. <br />ATTEST: <br />Donna G. Gardner Charlene Glancy <br />City Clerk Mayor /Connnissioner <br />