FLORIDA POWER CORPORATION D/B/A PROGRESS ENERGY FLORIDA INC (3)Prog ivas berRy
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and
assigns ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, does
hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY
FLORIDA, INC., a Florida corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733, and to
its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, a temporary easement to install,
operate and maintain 3-PHASE, 1280 AMP, 480 VOLT electric service in compliance with applicable electrical codes
and design specifications reviewed and approved by GRANTOR as such facilities as may be necessary or desirable for
providing electric energy and service to facilitate GRANTOR'S Stevenson Creek Estuary Restoration project (City
Project No. 02-0053-EN), said facilities being located in the following described "Easement Area" within
GRANTOR'S premises in Pinellas County, to wit:
A 10.00 foot wide Easement Area defined as lying 5.00 feet on each side of GRANTEE's facilities to be installed
at mutually agreeable locations over, across and through the following described property to accommodate present and
future development:
"This easement is a temporary easement for the purpose of installing temporary facilities. This easement shall
terminate not more than twelve (12) months following the effective date hereof, or upon the removal of all temporary
electrical facilities, whichever shall occur first."
See Legal Description on the accompanying Exhibit "A" attached hereto and incorporated herein by this
reference.
Tax Parcel Number: 03/29/15/85428/000/0030
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to
patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to
restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs,
alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation, operation or
maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change
the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs,
undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and
efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or
remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE,
endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the
reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose
of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for
GRANTEE's safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use
of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to
entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to
others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict
with the rights granted to GRANTEE herein.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be
located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so
as to allow ready access to GRANTEE's facilities and provide a working space of not less than ten (10) feet on the
opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted
transformer. If GRANTOR's future orderly development of the premises is in physical. conflict with GRANTEE's
facilities, GRANTEE shali;-within 60 days after receipt of written request from GRANTOR, relocate-said facilities to
another mutually agreed upon Easement Area in GRANTOR's premises, provided that prior to the relocation of said
facilities (a) GRANTOR shall pay to GRANTEE the full actual cost of the relocation as incurred by GRANTEE.
This document prepared by Rt Alexander Glenn CITY OF CLEARWATER
Amon to: Progress Energy Florida, Inc. 1730 OVERBROOK AVE.
3300 Exchange Place
Lake Mary, Florida 32746
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GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's
premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE
harmless from damages and injuries, whether to persons or property, resulting from the negligent or wrongful act or
omission related to GRANTEE's facilities by GRANTOR or by GRANTOR's agents or employees.
Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28
or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as
consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of
sovereign immunity.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or
damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise reasonable care in the
construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in
which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and
convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of
this easement.
All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the
heirs, successors, lessees and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its
pro,pper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this ?_ day of
()((Cc.,. , 2010.
GRANTOR:
Countersigned:
Frank V. Hibbard, Mayor
STATE OF FLORIDA
ss
COUNTY OF PINELLAS:
CITY OF CLEARWATER, FLORIDA
By: .
William B. Horne, 11, City Manager
Attest:
1-91 Cynthia E. Goudeau, City Clerk
Grantor Mailing Address:
City Manager
P. O. Box 4748
Clearwater, Florida 33758-4748
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of
Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and
deed for the use and purposes herein set forth, and who is personally known to me.
WITNESS my hand and official seal this -Z / day of '2010.
My commission expires:
Not u lic
Print/Type Name d G // ? - x'412 / MY E MANNI
+9'1-0153 MY COMMISSION # D0952018
EXPIRES March 06.2014
(4FlmlftNole serAcexom
Rev 10/08
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS:
BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of
Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and
deed for the use and purposes herein set forth, and who is personally known to me.
WITNESS my hand and official seal this % day of , 2010.
Notary Public
Print/type name
Approved as to form:
ALauraMahony, Assistant City Attorne
My commission expires: 1 1 ykc? \ -1-
:SIXINIDRA HARRII
COMMISSION # DD133691
7uary r. 2012
?. N«an' ascaua? nasoa. Ca.
Rev 10/08
z Progres Energy
PROGRESS ENERGY - FLORIDA POWER
DISTRIBUTION EASEMENT
SECTION 03 - TOWNSHIP 29 SOUTH - RANGE 15 EAST
COUNTY: PINELLAS
TAX PARCEL: 03/29/15/85428/000/0030
PROJECT: CW-10-3451734
EXHIBIT "A"
LEGAL DESCRIPTION:
Lots 3 through 15, inclusive, STEVENSON'S CREEK SUBDIVISION, according to the
map or plat thereof as recorded in Plat Book 21, Page(s) 83, LESS AND EXCEPT the
following described parcel conveyed to the City Of Clearwater, Florida:
From the South quarter corner of Section 03, Township 29 South, Range 15 East, also
being the Southwest corner of STEVENSON'S CREEK SUBDIVISION as recorded in
Plat Book 21, Page 83, Public Records of Pinellas County, Florida: run North 000 53'
53" West along the quarter Section line, also being the West line of said subdivision, a
distance of 324.87 feet to the POINT OF BEGINNING; thence North Easterly along a
curve to the left, said curve having a radius of 533.00 feet, chord bearing North 09° 14'
08" East, chord length of 187.56 feet; for an arc distance of 188.39 feet; thence North 00°
53' 53" West, a distance of 53.13 feet to the Northerly line of Lot 3 of aforesaid
Subdivision; thence South 570 06' 56" West along the Northerly line Lot 3 a distance of
38.91 feet to the Northwesterly corner of said Lot 3; thence South 000 53' 53" East along
the West line of aforesaid subdivision 217.15 feet to the POINT OF BEGINNING.
sco%: >"=200'
This is not a survey EXHIBIT "A" NORTH
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CITY OF CLEARWATER FLORIDA
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CURVE TABLE ENGINEERING DEPARTMENT
CURVE LENGTH DELTA RADIUS CH. BEARING CHORD o K? PROGRESS ENERGY L?0118
C1
188
39'
533
00
N09'14 08"E
187
56 aawm By TEMPORARY aM
. . . ED. DISTRIBUTION EASEMENT , OF ,