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Resolution No. 2023-038RS' CLLE#'�NT CITY OF CLERMONT .d RESOLUTION NO.2023-038R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEASE OF UTILITY EASEMENT TO THAT CERTAIN UTILITY EASEMENT RECORDED, BOOK 1117, PAGE 714, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE RELEASE OF THE SUBJECT EASEMENT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, by Easement Agreement dated June 25, 1991, the City was granted a certain utility easement recorded in Official Records Book 1117, Page 714, Public Records of Lake County, Florida; WHEREAS, the City Council has determined that the subject easement is not needed for any public purpose and of no value to the City; and WHEREAS, it is in the best interest of the City of Clermont to release the subject easement back to the property owner and/or its assigns and successors, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont, Lake County; Florida, that: SECTION 1. The City Council does hereby find and determine that the subject easement more particularly described in Exhibit "A" attached hereto and incorporated herein is not needed by the City and does not serve a public purpose. SECTION 2. The City Council does hereby approve and authorizes the City Manager to execute the Release of Utility Easement. SECTION 3. The City Manager is further authorized to execute any additional documents as may be necessary to complete the aforementioned transaction. SECTION 4: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 5: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. (9; CLE ' M, CITY OF CLERMONT RESOLUTION NO.2023-038R SECTION 6: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. d9 CITY OF CLERMONT A�RESOLUTION NO.2023-038R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 12th day of September 2023. p A .' % ATTEST: Tracy Ackroyd Howe, MMC City Clerk Approved as to form and legality: Daniel F. Mantzaris, City Attorney CITY OF CLERMONT Tim Murry, yo d' CLERWOIT CITY OF CLERMONT RESOLUTION NO. 2023-038R Exhibit A - Legal Description: The North 324.2 feet of the West 268.72 feet of Tract 5, Lake Highlands Co., according to the Plat thereof as recorded in Plat Book 3, Page 30, in Section 20, Township 22 South, Range 26 East, of the Public Records of Lake County, Florida. Subject to right-of-way for Mohawk Road. • r i lrn+ e F, 46 A.