Item No: 5A.

Meeting Date: June 11, 2012

From: Paul Kalv, Electric Director

Subject: Ordinance accepting a Utility Easement from Mamye Warren, Edward Lee Haynes, Melvin Haynes, Jr., Percell Maynor, and Patricia Ann Maynor pertaining to land located south of American Lane in Fruitland Park, Florida for new underground service and existing pole line.

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from Mamye Warren, Edward Lee Haynes, Melvin Haynes, Jr., Percell Maynor, and Patricia Ann Maynor pertaining to land located in Section 33, Township 18 South, Range 24 East, Lake County, Florida.

Analysis:

Mamye Warren, Edward Lee Haynes, Melvin Haynes, Jr., Percell Maynor, and Patricia Ann Maynor 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: 6/7/2012 11:29 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._______________

An Ordinance of the city of leesburg, florida, accepting a Utility Easement from Mamye Warren, Edward Lee haynes, Melvin Haynes, Jr., Percell Maynor, and Patricia Ann Maynor as grantor, to the city of leesburg, as grantee, pertaining to land located in section 33, township 18 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 Mamye Warren, Edward Lee Haynes, Melvin Haynes, Jr. Percell Maynor, and Patricia Ann Maynor a Utility Easement dated January 6, 2012, and recorded in Official Records Book 4117, Pages 640—648, Public Records of Lake County, Florida, conveying certain real property located in Section 33, township 18 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 it 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 11^th day of June, 2012.

THE CITY OF LEESBURG

By: _______________________________

Mayor

ATTEST:

________________________________

City Clerk