AGENDA MEMORANDUM

Meeting Date:           July 10, 2006

From:                          Paul Kalv, Electric Director   

Subject:                      Ordinance accepting the Utility Easement from Premier Contracting, LLC. 

Staff Recommendation:

Staff recommends approval of an ordinance accepting the Utility Easement from Premier Contracting, LLC for property located on Fruitland Street in Fruitland Park.

Analysis:

Premier Contracting, LLC is granting a Utility Easement to the City of Leesburg for the purpose of construction, replacement, and improvement of underground or above-ground electric facilities to feed lots they are developing.

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 easement for the sum of $1.00.

Submission Date and Time:    7/21/2006 4:26 PM7/19/2006 3:09 PM7/19/2006 3:01 PM____

Department: ____Electric______________ Prepared by:  _Steve Davis_____________                      Attachments:         Yes_X_   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes___  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head Paul Kalv, Electric Director Finance  Dept. __________________                                    Deputy C.M. ___________________                                          Submitted by: City Manager ______RS_____________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO.  ________________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM PREIMER CONTRACTING, LLC, AS GRANTOR TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED ON FRUITLAND STREET, FRUITLAND PARK, 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 Premier Contracting, LLC an Utility Easement dated May 31, 2006, and recorded in Plat Book 3, Page 8, Public Records of Lake County, Florida, describing an easement bounded on the North by Fruitland Street, on the West by East Mirror Drive, on the South by Center Avenue, and on the East by the abandoned ACL Railroad right of way.

Section 2. 

If any portion of this ordinance is declared invalid or unenforceable, then to the extent 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 it 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 _________ 2006

                                                                              THE CITY OF LEESBURG

                                                                            By: __________________________

                                                                             Mayor

ATTEST:

__________________________

City Clerk