AGENDA MEMORANDUM

Meeting Date:           July 23, 2007

From:                          Darel W. Craine, Deputy Director, Environmental Services

Subject:                      Ordinance accepting a Utility Easement from Joseph J. Swiderski for property  at Commander Center on US Hwy 27S

Staff Recommendation:

Staff recommends approval of the Ordinance accepting this utility easement granted by Joseph J. Swiderski, Trustee, and Audette T. Canter, Trustee, for property in Section 14, Township 20 South, Range 24 East, Lake County, Florida (Commander Center on US Hwy 27S).

Analysis:

This 40 foot ingress, egress, and utility easement as described in Exhibit “A” will provide access for installation and maintenance for all City of Leesburg utilities.

Options:

1.  Approve the Ordinance, or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None

Submission Date and Time:    7/19/2007 10:50 AM7/18/2007 1:39 PM____

Department: _Environmental Services___ Prepared by:  _Marj Allman ___________                      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 ___________________

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

                                                       ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM JOSEPH J. SWIDERSKI, AS TRUSTEE, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 14, TOWNSHIP 20 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 Joseph J. Swiderski, as Trustee, a Utility Easement dated May 7, 2007, and recorded in Official Records Book 3450, Page 1285, Public Records of Lake County, Florida, conveying certain real property located in Section 14, Township 20 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 ______________, 2007. 

THE CITY OF LEESBURG

By:______________________________________

            Mayor

ATTEST:

_______________________________________

City Clerk