AGENDA MEMORANDUM

Meeting Date:           April 14, 2008

From:                          Paul Kalv, Electric Director

Subject:                      Ordinance accepting a Utility Easement from Strong Brothers Partnership   

Staff Recommendation:

Staff recommends approval of the ordinance accepting a utility easement along Lake Street from Strong Brothers Partnership.

Analysis:

Strong Brothers Partnership 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 telecommunication.

Options:

1.  Accept the utility easement or:

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None

Submission Date and Time:    4/28/2008 8:32 AM____

Department: __Electric______________ Prepared by:  ____Connie Lambert______                      Attachments:         Yes_ _X_   No ______ Advertised:   ____Not Required __X____ 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 ___________________

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

ORDINANCE NO._______________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM STRONG BROTHERS PARTNERSHIP, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN BLOCK 64 ACCORDING TO THE OFFICIAL MAP OF THE CITY OF LEESBURG; 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 Strong Brothers Partnership a Utility Easement dated February 19, 2008, and recorded in Official Records Book 3588, Pages 2382 – 2384, Public Records of Lake County, Florida, conveying certain real property located in Block 64, according to the Official Map of the City of Leesburg, 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 served herefrom and the remainder of this ordinance shall continue in full force and effect as if it were 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 by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _28th____ day of __April_______ 2008.

                                                                    THE CITY OF LEESBURG

                                                                    By:  __________________________

                                                                                 Mayor

ATTEST:

__________________________

City Clerk