AGENDA MEMORANDUM

Meeting Date:           July 10, 2006

From:                          Darel W. Craine, Assistant Director, Environmental Services Dept.

Subject:                      Ordinance to accept the Utility Easement from Leesburg Lodge #1271 Loyal Order of Moose for Property on West Main Street between Executive Boulevard and Progress Road

Staff Recommendation:

Staff recommends approval of the Ordinance accepting the utility easement granted by Leesburg Lodge #1271 Loyal Order of Moose for property in Section 29, Township 19 South, Range 24 East generally located on West Main Street between Executive Blvd. and Progress Rd.

Analysis:

This easement as described in Exhibit “A” will provide access for all City of Leesburg utilities for installation and maintenance.

Options:

1.  Approve the Ordinance, or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

Funding in the amount of $1.00 is available for this purpose as described below.

Submission Date and Time:    7/7/2006 3:53 PM7/7/2006 3:39 PM____

Department: ______________________ Prepared by:  ______________________                      Attachments:         Yes__X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes__X_  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. __________________                                    Deputy C.M. ___________________                                          Submitted by: City Manager _______RS____________

Account No. _  043-3021-533-4920_ Project No. ___436018___________ WF No. ______________________ Budget  ______$1,000.00_________ Available _____$  747.00_________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING AN UTILITY EASEMENT FROM LEESBURG LODGE #1271 LOYAL ORDER OF MOOSE, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 29, 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:

Section 1.

The City of Leesburg, Florida, does hereby accept from Leesburg Lodge #1271 Loyal Order of Moose an Utility Easement dated April 1, 2006, and recorded in Official Records Book 3136, Page 2059, Public Records of Lake County, Florida, conveying certain real property located in Section 29, 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 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                            , 2006.

THE CITY OF LEESBURG

                                                                                    By: ________________________________

                                                                                                 Mayor

ATTEST:

____________________________________

City Clerk