AGENDA MEMORANDUM

Meeting Date: November 10, 2008

From:                          Paul Kalv, Electric Director

Subject:                      Ordinance accepting a Utility Easement from David Nobles, Trustee

Staff Recommendation:

Staff recommends approval of the ordinance accepting a utility easement from David Nobles, as Trustee.

Analysis:

David Nobles, as Trustee is granting a utility easement to the City of Leesburg for purpose of construction, installation, repair, maintenance, replacement and improvement of underground or above ground utilities, including but not limited to water, reuse water, natural gas, electricity, cable television, fiber optics and telecommunication.

Options:

1.  Accepting utility easement or: 

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None

Submission Date and Time:    11/6/2008 5:08 PM____

Department: __Electric ______________ Prepared by:  ____Connie Lambert__                      Attachments:         Yes__X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes_X__  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head _Paul Kalv__ Finance  Dept. __________________                                    Deputy C.M. _______EFS_________                                           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 DAVID W. NOBLES, TRUSTEE, GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 25, 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 David W. Nobles, as Trustee of the Nobles Real Property Investment Trust UAD 20 May 2003, a Utility Easement dated September 18, 2008, and recorded in Official Records Book 3687, Pages 2462–2464, Public Records of Lake County, Florida, conveying certain real property located in Section 25, 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