AGENDA MEMORANDUM

Meeting Date: October 26, 2009

From:                          Paul Kalv, Electric Director

Subject:                      Ordinance accepting a Utility Easement from MSF Gateway, LLC   

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from MSF Gateway, LLC pertaining to land located in Section 22, Township 19 South, Range 24 East, Lake County, Florida (Gateway Plaza Shopping Center).

Analysis:

MSF Gateway LLC is granting a Utility Easement to the City of Leesburg for the purpose of construction, installation, repair, maintenance, replacement and improvement of underground or above ground utilities, including but not limited to water, sewer, reuse water, natural gas, electricity, cable television, fiber optics and telecommunications.

Options:

1.  Adopt the Ordinance accepting the Utility Easement as presented; or,

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None

Submission Date and Time:    11/6/2009 12:56 PM____

Department: _Electric________________ Prepared by:  _Sabrina Hubbell________                      Attachments:         Yes_X__   No ______ Advertised:   ____Not Required _X____ Dates:   __________________________                      Attorney Review :       Yes_X_  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head _Paul Kalv Finance  Dept. ________jb________                                    Deputy C.M. ___________________                                          Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM MSF GATEWAY, LLC, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 22, 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 MSF Gateway, LLC, a Utility Easement dated September 21, 2009, and recorded in Official Records Book 3824, Pages 715–719, Public Records of Lake County, Florida, conveying certain real property located in Section 22, Township 19 South, Range 24 East, Lake County, Florida, and more particularly described in said Utility 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