AGENDA MEMORANDUM

Meeting Date:           January 28, 2008

From:                          Raymond S. Sharp, Director, Environmental Services

Subject:                      Ordinance accepting a Utility Easement from Dusam Investments, Inc.      .

Staff Recommendation:

Staff recommends approval of the ordinance accepting a utility easement from Dusam Investments, Inc. pertaining to land in Section 29, Township 19 South, Range 24 East, Lake County, Florida

Analysis:

This easement will provide a perpetual easement for purposes of construction, installation, repair, maintenance, replacement and improvement of underground utilities, including but not limited to water, sewer and reuse water.

Options:

1.  Approve the Ordinance, or,

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None

Submission Date and Time:    2/7/2008 2:27 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 DUSAM INVESTMENTS, INC., 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 Dusam Investments, Inc., a Utility Easement dated November 16, 2007, and recorded in Official Records Book 3550, Pages 1275–1276, 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 ______________, 2008. 

THE CITY OF LEESBURG

By:____________________________________

            Mayor

ATTEST:

_______________________________________

City Clerk