AGENDA MEMORANDUM

Meeting Date:           May 10, 2010

From:                          Jim Lemberg, Communications Utility Manager

Subject:                      Ordinance accepting a utility easement from Lake County

Staff Recommendation:

Staff recommends acceptance of the utility easement from Lake County for property in Dead River Estates, off Dead River Road.

Analysis:

Lake County is granting a Utility Easement to the City of Leesburg for the purpose of construction, installation, repair, maintenance, replacement and improvement of an underground fiber optics line which was approved by Lake County Board of County Commissioners March 16, 2010.

Options:

1.  Approve acceptance of the utility easement from Lake County; or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact:

Funding of $3,800.00 is available in the Dead River Road Reroute capital project budget.

Submission Date and Time:    5/21/2010 6:00 PM____

Department: __Communications_______ Prepared by:  __Jim Lemberg ______ Attachments:       Yes__X__   No ___ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes_X__ No ___ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head _______ Finance  Dept. _______JB_________                                    Deputy C.M. ___________________                                          Submitted by: City Manager ___________________

Account No. _045-5099-539.61-10 _ Project No. ____450002_________ WF No. ______627310/6 ________ Budget  ______ $100,000.00______ Available ____ _$  26,392.81____      _

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 25, TOWNSHIP 19 SOUTH, RANGE 25 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 Lake County, a political subdivision of the State of Florida, a Utility Easement dated March 18, 2010, and recorded in Official Records Book 3895, Pages 1016–1019, Public Records of Lake County, Florida, conveying certain real property located in Section 25, Township 19 South, Range 25 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 ______________, 2010. 

THE CITY OF LEESBURG

By:____________________________________

            Mayor

ATTEST:

_______________________________________

City Clerk