Item No: 5D.
Meeting Date: September 10, 2012
From: Paul Kalv, Electric Director
Subject: Ordinance accepting a Utility Easement from Phillip C. Smith, Trustee, pertaining to land located in Section 23, Township 19 South, Range 24 East, Lake County, Florida (N. Palmetto St. and US Hwy 441--Phil's Auto Body).
Staff recommends adoption of the Ordinance accepting the Utility Easement from Phillip C. Smith, Trustee of the Phillip C. Smith Family Trust dated August 5, 2008, pertaining to land located in Section 23, Township 19 South, Range 24 East, Lake County, Florida.
Phillip C. Smith, Trustee, 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.
1. Adopt the Ordinance accepting the Utility Easement as presented; or,
2. Such alternative action as the Commission may deem appropriate
Prepared by: Sabrina Hubbell________
Attachments: Yes_X_ No ______
Advertised: ____Not Required __X___
Attorney Review : Yes_X_ No ____
Reviewed by: Dept. Head _Paul Kalv
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM PHILLIP C. SMITH, TRUSTEE, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 23, 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:
The City of Leesburg, Florida, does hereby accept from Phillip C. Smith, Trustee of the Phillip C. Smith Family Trust dated August 5, 2008, a Utility Easement dated May 2, 2012, and recorded in Official Records Book 4167, Pages 1261-1264, Public Records of Lake County, Florida, conveying certain real property located in Section 23, Township 19 South, Range 24 East, Lake County, Florida, and more particularly described in said Utility Easement, to the City of Leesburg.
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.
This Ordinance shall become effective upon its passage and adoption according to law.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _______ day of_______, 2012.