Item No: 5A.

Meeting Date: November 26, 2012

From: Paul Kalv, Electric Director

Subject: Ordinance accepting a Utility Easement from Morrison United Methodist Church, Inc. pertaining to land located in Section 26, Township 19 South, Range 24 East, Lake County, Florida.

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from Morrison United Methodist Church, Inc., pertaining to property located in Section 26, Township 19 South, Range 24 East, Lake County, Florida.

Analysis:

Morrison Methodist Church, Inc. 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: 11/21/2012 7:11 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._______________

ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA , ACCEPTING A UTILITY ESEMENT FROM MORRISON UNITED METHODIST CHURCH, INC., AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATEDF INSECTION 26, TOWNSHIP 19 SOUTH, RANGE 24, EASE, 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 Morrison United Methodist Church, Inc., a Utility Easement dated May 16, 2012, and recorded in Official Records Book 4177, Pages 555—588, 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 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 26 th day of November, 2012.

THE CITY OF LEESBURG

By: __________________________

Mayor

ATTEST:

________________________________

City Clerk