AGENDA MEMORANDUM

Meeting Date: July 10, 2006

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

Subject:                      Ordinance Accepting a Utility Easement from Heritage Operating, L.P., for Property  on West Main Street

Staff Recommendation:

Staff recommends approval of the proposed Ordinance accepting this Utility Easement granted by Heritage Operating, L.P., for property located on West Main Street in Leesburg.

Analysis:

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

Options:

1.  Approval of staff recommendations, 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:    7/21/2006 4:26 PM7/19/2006 3:10 PM7/7/2006 3:38 PM____

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

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

Account No. _044-4021-535-4920_ Project No. __447018____________ WF No. ______________________ Budget  ______$5,000.00________ Available _____$1,515.00________

ORDINANCE NO. ______________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM HERITAGE OPERATING, L.P., 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 Heritage Operating, L.P., an Utility Easement dated April 27, 2006, and recorded in Official Records book 3157, Page 2024, 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 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 __________ day of __________, 2006.

                                                                        THE CITY OF LEESBURG

                                                                        By:___________________________________

                                                                                    Mayor

ATTEST:

_____________________________________

City Clerk