Submitted By: William E. Sexton, City Attorney
Presentation By: William E. Sexton, City Attorney
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Approval of and entry into Agreement regarding Grant of Utility Easement & Release of Easements between Friends Recycling, LLC and the City of Ocala, Florida; relating to the Agreement for Exchange of Real Property entered into on or about December 19, 2023
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
On or about December 19, 2023, the City Council approved and entered into an Agreement for Exchange of Real Property with Friends Recycling, LLC (hereinafter “Friends”).
As the parties followed their obligations outlined in the aforementioned agreement, it was determined that the previously approved agreement did not contemplate an easement from the City in favor of Friends across City-owned parcels over which Friends and other property owners currently access their property and the property being conveyed by the City to Friends.
Counsel for Friends has prepared a separate Agreement regarding Grant of Utility Easement & Release of Easements which is now being presented to Council for its approval. This new agreement does not alter the previously contemplated exchange transaction nor does it adversely affect the parcels of City-owned property over which the current access occurs.
Following Council’s approval of this Agreement regarding Grant of Utility Easement & Release of Easements, this document can be executed together and in conjunction with the other closing documents for the property exchange transaction.
FINDINGS AND CONCLUSIONS:
The City Council of the City of Ocala, Florida finds and concludes that approval of and entry into the Agreement regarding Grant of Utility Easement & Release of Easements supports the health, safety and welfare of the citizens of the City of Ocala, Florida and is in the best interest of the City of Ocala, Florida and its citizens.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This Agreement has been reviewed and approved for form and legality by William E. Sexton, City Attorney.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny