Item No: 4.C.1

Meeting Date: February 11, 2013

From: Jim Lemberg – Manager, Communications Utility

Subject: Resolution accepting a Utility Easement from John Antony and Kelly Aubuchon, pertaining to land at 11323 County Road 561, Clermont, Florida.

Staff Recommendation:

Staff recommends adoption of the Resolution accepting the Utility Easement from John Antony and Kelly Aubuchon, husband and wife, pertaining to land located in Section 2, Township 23 South, Range 25 East, Lake County, Florida. (11323 County Road 561, Clermont)

Analysis:

This easement is granted to the City of Leesburg for the purpose of construction, installation, repair, maintenance, replacement and improvement of underground fiber optic and telecommunications cable, and an above ground pole with metal enclosure containing network electronics. The City’s sole contemplated use of this easement will be for placement of a new fiber optic cable and equipment cabinet to connect a new wholesale Internet customer who is constructing a tower at the site for his wireless Internet business.

Options:

1. Adopt the Resolution accepting the Utility Easement as presented; or,

2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:

None

Submission Date and Time: 2/6/2013 2:36 PM____

Department: __IT/Communications_____ Preparedby:___JimLemberg_________ Attachments: Yes__X__ No ______ Advertised: __Not Required ___X___ Dates: ________________________ Attorney Review : Yes_X__ No ____ Revised 6/10/04

Reviewed by: Dept. Head ________ Finance Dept. ________________ Deputy C.M. _________________ Submitted by: City Manager _________________

Account No. n/a Project No. n/a WF No. n/a Budget n/a Available n/a

RESOLUTION NO._______________

RESOLUTIONRESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM JOHN ANTONY AND KELLY AUBUCHON, HUSBAND AND WIFE, AS GRANTORS, TO THE CITY OF LEESBURG, FLORIDA, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 2, TOWNSHIP 23 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. (11323 COUNTY ROAD 561, CLERMONT, FLORIDA)

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

Section 1.

The City of Leesburg, Florida, does hereby accept from John Antony and Kelly Aubuchon, husband and wife, a Utility Easement dated December 4, 2012, and recorded in Official Records Book 4253, Page 2294, Public Records of Lake County, Florida, conveying certain real property located in Section 2, Township 23 South, Range 25 East, Lake County, Florida, and more particularly described in said Utility Easement, to the City of Leesburg.

Section 2.

If any portion of this resolution is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this resolution, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this resolution 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 resolution 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 fourteenth day of January 2013.

__________________________

Mayor

ATTEST:

________________________________

City Clerk