AGENDA MEMORANDUM

Meeting Date:           December 17, 2007

From:                          Paul Kalv, Electric Director

Subject:                      Ordinance accepting a Utility Easement from RaceTrac Petroleum, Inc.

Staff Recommendation:

Staff recommends approval of the ordinance accepting a utility easement from RaceTrac Petroleum, Inc. along US 441 at Tomato Hill Road.

Analysis:

RaceTrac Petroleum, Inc. is granting a utility easement to the City of Leesburg for the purpose of construction, installation, repair, maintenance, replacement and improvement of underground or above ground utilities, including but not limited to water, sewer, reuse water, natural gas, electricity, cable television, fiber optics, and telecommunications.

Options:

1. Accept the utility easement or: 

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None

Submission Date and Time:    1/10/2008 9:47 AM____

Department: ___Electric_____________ Prepared by:  ___Paul Kalv___________ Attachments:         Yes__X__   No ______ Advertised:   ____Not Required __X____ Dates:   __________________________                      Attorney Review :       Yes_X__  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head _P. D. Kalv_ 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 RACETRAC PETROLEUM, INC., AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 20, TOWNSHIP 19 SOUTH, RANGE 25 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 RaceTrac Petroleum, Inc., a Utility Easement dated November 5, 2007, and recorded in Official Records Book 3539, Pages 2368–2373, Public Records of Lake County, Florida, conveying certain real property located in Section 20, 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 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