AGENDA MEMORANDUM

Meeting Date: January 25, 2010

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

Subject: Ordinance accepting a Utility Easement from The Plantation at Leesburg Homeowners Association, Inc.

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from The Plantation at Leesburg Homeowners Association, Inc., pertaining to land located South of Okahumpka and East of State Road 33.

Analysis:

The Plantation at Leesburg Homeowners Association, Inc. 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 telecommunication.

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:    1/20/2010 5:51 PM____

Department: _Environmental Services__ Prepared by:  __Tracey Dean_____                      Attachments:         Yes__X_   No ______ Advertised:   ____Not Required __X__ 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. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM THE PLANTATION AT LEESBURG HOMEOWNERS ASSOCIATION, INC., INC., AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTIONS 25, 26, 35 AND 36, TOWNSHIP 20 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 The Plantation at Leesburg Homeowners Association, Inc., a Utility Easement dated July 20, 2009, and recorded in Official Records Book 3800, Pages 1256–1257, Public Records of Lake County, Florida, conveying certain real property located in Sections 25, 26, 35 and 36, Township 20 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