AGENDA MEMORANDUM

Meeting Date:           September 25, 2006

From:                          Paul Kalv, Electric Director

Subject:                      Ordinance accepting the Utility easement from Fischer Brothers Enterprises, LLC  

Staff Recommendation:

Staff recommends approval of an ordinance accepting the utility easement from Fischer Brothers Enterprises, LLC.                                                                                               

Analysis:        

Fischer Brothers Enterprises, LLC is granting the utility easement to the City of Leesburg for the purpose of construction, replacement, and improvement of underground or above ground electric facilities to serve 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:    10/5/2006 2:59 PM____

Department: ___Electric_____________ Prepared by:  ___Connie Lambert______                      Attachments:         Yes__X_   No ______ Advertised:   ____Not Required ______ 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 ______RS_____________

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

ORDIANCE NO.     _________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING THE UTILITY EASEMENT FORM FISCHER  BROTHERS ENTERPRISES, LLC,  JEREMY D. COON, JOHN AND NANCY MALIK, DOUG L. AND MICHELLE T. RESSLER, JANICE M. MALIK, AS TRUSTEE, AND DANIEL L. AND ANGELA S. TATRO, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED SECTION 28, TOWNSHIP 19 SOUTH, RANGE 25 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 Fischer Brothers Enterprises, LLC, Jeremy D. Coon, John and Nancy Malik, Doug L. and Michelle T. Ressler, Janice M. Malik, as Trustee of the Janice M. Malik Revocable Trust dated February 21, 2006, and Daniel L. and Angela S. Tatro, as Grantor, the Utility Easement dated August 25, 2006, and recorded in Official Records Book 3245, Pages 1649-1653, Public Records of Lake County, Florida, conveying certain real property located in Section 28, Township 19 South, Range 25 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 invalid or unenforceable shall be served 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 ___9th________day of __October____, 2006.

______________________________                                                                                                                       Mayor

ATTEST:

______________________________

City Clerk