AGENDA MEMORANDUM

Meeting Date:           April 25, 2011

From:                          Paul Kalv, Electric Director

Subject:                      Ordinance accepting a Utility Easement from Walling Enterprises, Inc., and Walling Crate Company

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from Walling Enterprises, Inc., and Walling Crate Company pertaining to land located Parent Parcel #1 , Parent Parcel #2, and Parent Parcel #3 close to 14^th Street and Former Seaboard Air Line Railroad.

Analysis:

Walling enterprises, Inc. is granting a Utility Easement to the City of Leesburg for the purpose of construction, installation, repair, maintenance, replacement and improvement of the 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:    4/20/2011 5:12 PM____

Department: __Electric__                         _ Prepared by:  __Sabrina Hubbell_______                      Attachments:         Yes_X__   No ______ Advertised:   ____Not Required _X____ Dates:   __________________________                      Attorney Review :       YesX_  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head _Paul Kalv 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 WALLING ENTERPRISES, INC., AND WALLING CRATE COMPANY, as grantor, to the city of leesburg, as grantee, pertaining to PARENT PARCEL #1 ALTERNATE KEY #3254937 OR BOOK 1989, PAGE 2164, PARENT PARCEL #2 ALTERNATE KEY #3822349, AND PARENT PARCEL #3 ALTERNATE KEY #3822348 IN 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 Walling Enterprises, Inc., and Walling Crate Company., a Utility Easement dated December 2, 2010, pertaining to Parent Parcel #1 Alternate Key #3254937, or, Book 1989, Page 2164 located in the SE ¼ of Section 22, Township 19 South, Range 24 East, Parent Parcel #2  Alternate Key #3822349, also Parent Parcel #3 alternate Key 3822348  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 served 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 25^th day of April 2011.

                                                                        THE CITY OF LEESBURG

                                                                        By: ________________________________

ATTEST:

__________________________________

City Clerk