AGENDA MEMORANDUM

Meeting Date: April 27, 2009

From:                          Paul Kalv, Electric Director

Subject:                      Ordinance accepting a Utility Easement from Manuel Rodriguez Middleton and Rosario Rodriguez

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from Manuel Rodriguez Middleton and his wife, Rosario Rodriguez whose address is 1380 West North Boulevard, Leesburg, Florida.

Analysis:

Manuel Rodriguez Middleton and Rosario Rodriguez, his wife are 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:    5/6/2009 12:41 PM____

Department: _Electric_________________ Prepared by:  _Sabrina Hubbell_________                      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. _425977_________________ Budget  ______________________ Available _____________________

                                                        ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM MANUEL RODRIGUEZ MIDDLETON AND ROSARIO RODRIGUEZ, HIS WIFE, AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 23, 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 Manuel Rodriguez Middleton and Rosario Rodriguez, his wife, a Utility Easement dated March 2, 2009, and recorded in Official Records Book 3748, Pages 1076–1079, Public Records of Lake County, Florida, conveying certain real property located in Section 23, 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