Item No:                    5I.

Meeting Date:           December 10, 2012

From:                          Paul Kalv, Electric Director

Subject: Ordinance accepting a Utility Easement from James P. Caswell, Jr. and Herma L. White pertaining to 1730 Green Valley Rd

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from James P. Caswell, Jr. and Herma L. White dated September 14, 2012, pertaining to land located in Section 20, Township 19 South, Range 24 East, Lake County, Florida.

Analysis:

James P. Caswell, Jr. and Herma L. White are granting a Utility Easement to the City of Leesburg for the purpose of construction, installation, repair, maintenance, replacement, and improvement of the 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:    12/6/2012 8:31 AM____

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. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO._______________

ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM JAMES P. CASWELL, JR. AND HERMA L. WHITE PERTAINING TO LAND LOCATED IN SECTION 20, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.   (1730 GREEN VALLEY RD).

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

The City of Leesburg, Florida, does hereby accept from James P. Caswell, Jr., and Herma L. White a Utility Easement dated September 14, 2012 and recorded in Official Records Book 4216, Pages 799—802, Public Records of Lake County, Florida, conveying certain real property located in Section 20, 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 to be 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 by the City Commission of the City of Leesburg, Florida, at a regular meeting held the       day of , 2013.

                                                                            __________________________

                                                                             Mayor

ATTEST:

_________________________________

City Clerk