Item No: 5A.

Meeting Date: April 9, 2012

From: Paul Kalv, Electric Director

Subject: Ordinance approving a Utility Easement from Lifestream Behavioral Center, Inc. for land in Section 26, Township 19 South, Range 24 East, Lake County, Florida (Magnolia Street between 6^th Street and 5^th Street).

Staff Recommendation:

Staff recommends adoption of the Ordinance accepting the Utility Easement from Lifestream Behavioral Center, Inc. pertaining to land located in Section 26, Township 19 South, Range 24 East, Lake County, Florida.

Analysis:

Lifestream Behavioral Center, 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: 4/5/2012 3:14 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 LIFESTREAM BEHAVIORAL CENTER, INC. AS 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 Lifestream Behavioral Center, Inc., a Utility Easement dated September 16, 2011, and recorded in Official Records Book 4099 Pages 2016—2019, 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 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 at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 9^th day of April , 2012.

THE CITY OF LEESBURG

By: __________________________

Mayor

ATTEST:

__________________________

City Clerk