AGENDA MEMORANDUM

Meeting Date: July 28, 2008

From:                          Jack Rogers, Gas Director

Subject:                       Ordinance accepting the Utility Easement from Joseph C. Burke, Jr., Trustee         

Staff Recommendation:

Staff recommends approval of the ordinance accepting the utility easement from Joseph C. Burke, Jr., Trustee.

Analysis:

Joseph C. Burke, Jr., Trustee is granting the 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:    7/25/2008 3:48 PM____

Department: ___Gas____________ Prepared by:  _Jack Rogers ____                      Attachments:         Yes_X_   No ______ Advertised:   ____Not Required ___X___ Dates:   __________________________                      Attorney Review :       Yes_X_  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head _Jack Rogers Finance  Dept. ______JB___ _____                                    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 C. BURKE, JR.,  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 C. Burke, Jr., not individually but as Trustee of the Joseph Clifton Burke Living Trust Agreement Dated October 14, 1988, a Utility Easement dated June 23, 2008, and recorded in Official Records Book 3645, Pages 1660–1663, 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 ______________, 2008. 

THE CITY OF LEESBURG

By:_________________________________

       Mayor

ATTEST:

_______________________________________

City Clerk