Item No: 5F.

Meeting Date: August 13, 2012

From: Paul Kalv, Electric Director

Subject: Ordinance accepting a Utility Easement from Third Street Ventures, LLP, pertaining to land located in Section 26, Township 19 South, Range 24 East, Lake County, Florida (near the corner of 3rd St and Market).

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from Third Street Ventures, LLP, pertaining to land located in Section 26, Township 19 South, Range 24 East

Analysis:

Third Street Ventures is 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: 8/9/2012 3:01 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. ______________________ Budget ______________________ Available _____________________

ORDINANCE NO._______________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM THRID STREET VENTURES, LLP, GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED IN SECTION 26, 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 Third Street Ventures, LLP, a Utility Easement dated February 8, 2012, and recorded in Official Records Book 4144, Pages 1708-1711, Public Records of Lake County, Florida, conveying certain real property located in Section 26, 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 by the City Commission of the City of Leesburg, Florida, at a regular meeting held the ______ day of___________, 2012.

__________________________

Mayor

ATTEST:

_____________________________________

City Clerk