AGENDA MEMORANDUM

Meeting Date: February 23, 2009

From:                          Paul Kalv, Electric Director   

Subject:                      Ordinance accepting a utility easement from Bethany Lutheran Church of Leesburg, Florida, Inc.

Staff Recommendation:

Staff recommends accepting the utility easement from Bethany Lutheran Church of Leesburg, Florida, Inc., at 1334 Griffin Road, Leesburg, Florida.

Analysis:

Bethany Lutheran Church of Leesburg, Florida 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.  Adopt the ordinance accepting the utility easement as presented; or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

None

Submission Date and Time:    3/4/2009 3:31 PM2/12/2009 9:54 AM____

Department: ___Electric______________ Prepared by:  __Sabrina Hubbell____                      Attachments:    Yes__X__ No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :     Yes_X__  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head _P.D. Kalv Finance  Dept. __________________                                    Deputy C.M. ___EFS________________                                          Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. __425977______________ Budget  ______________________ Available _____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM BETHANY LUTHERAN CHURCH OF LEESBURG, FLORIDA, INC., AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 14, 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 Bethany Lutheran Church f Leesburg, Florida, Inc., a Utility Easement dated January 14, 2009, and recorded in Official Records Book 3722, Pages 1921–1925, Public Records of Lake County, Florida, conveying certain real property located in Section 14, 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 ______________, 2009. 

THE CITY OF LEESBURG

By:______________________________________

            Mayor

ATTEST:

_______________________________________

City Clerk