AGENDA MEMORANDUM

Meeting Date: October 26, 2009

From:                          Darel W. Craine, Deputy Director, Environmental Services

Subject: Ordinance accepting a temporary construction easement from David Firebaugh, individually and Tami D. Waters, as Trustee of the David Firebaugh Special Needs Trust, pertaining to land located in Section 26, Township 19 South, Range 24 East, Lake County, Florida .

Staff Recommendation:

Staff recommends acceptance of an Ordinance of the City of Leesburg accepting a temporary construction easement from David Firebaugh, individually and Tami D. Waters, as Trustee of the David Firebaugh Special Needs Trust, pertaining to land located in Section 26, Township 19 South, Range 24 East, Lake County, Florida.

Analysis:

The proposed temporary construction easement will allow the City of Leesburg Stormwater Department to conduct work at Lake Lucerne.

Options:

1.  Approve acceptance of the temporary construction easement, or,

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

The City will incur no cost due to the granting of this easement.

Submission Date and Time:    10/23/2009 3:25 PM____

Department: _Environmental Services___ Prepared by:  _Darel W. Craine_____                      Attachments:         Yes__X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes_X__  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. __________________                                    Deputy C.M. ___________________                                          Submitted by: City Manager ___________________

Account No. __N/A____________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM DAVID FIREBAUGH, INDIVIDUALLY, AND TAMI D. WATERS, AS TRUSTEE OF THE DAVID FIREBAUGH SPECIAL NEEDS TRUST, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 26, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

The City of Leesburg, Florida, does hereby accept from David Firebaugh, Individually, and Tami D. Waters, as Trustee of the David Firebaugh Special Needs Trust, a Temporary Construction Easement dated September 16, 2009, and recorded in Official Records Book 3823, Pages 289–292, Public Records of Lake County, Florida, conveying certain real property located in Section 26, Township 19 South, Range 24 East, Lake County, Florida, and more particularly described in said Temporary Construction Easement, to the City of Leesburg. 

Section 2.   

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable. 

Section 3.

This ordinance shall become effective upon its passage and adoption according to law. 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2009. 

THE CITY OF LEESBURG

By:____________________________________

            Mayor

ATTEST:

_______________________________________

City Clerk