AGENDA MEMORANDUM

Meeting Date:           June 12, 2006

From:                          Paul Kalv, Director of Electric

Subject:                      Ordinance accepting an Utility Easement from Embarq Florida (Sprint)

Staff Recommendation:

Staff recommends approval of an ordinance accepting the utility easement from Embarq Florida (Sprint) along Third Street, Leesburg, Florida.

at 6391 Sprint Parkway, Overland park, KS 66251-2040.

Analysis: 

Embarq Florida (Sprint) is granting an Utility Easement to the City of Leesburg for the purpose of construction, replacement, and improvement of underground or above ground utilities, including but not limited to drainage, water, sewer, reuse water, natural gas, electricity, cable television and telecommunications.

Options:

1.  Acceptance of the Utility Easement; or 

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

The City has been granted this non-exclusive utility easement for the sum of $1.00.

Submission Date and Time:    6/22/2006 10:25 AM6/3/2006 2:50 PM6/1/2006 5:26 PM____

Department: ___Electric_____________ Prepared by:  __Connie Lambert______                      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. __________________                                    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 UTILITY EASEMENT FROM EMBARQ FLORIDA, INC., 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 IN ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

The City of Leesburg, Florida does hereby accept from Embarq Florida, Inc. a Florida corporation, a Utility Easement dated May 1, 2006,  whose address is 6391 Sprint Parkway, Overland Park, Kansas 66251-2040, and recorded in Official Records Book 3163, Page 2403, 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.

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 here from and the remainder of this ordinance shall continue in full force and effect as if it was 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 _________,2006.

                                                                                           THE CITY OF LEESBURG

                                                                                           By:  ____________________

                                                                                                                     Mayor

ATTEST:

__________________________

City Clerk