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FLORIDA GAS TRANSMISSION COMPANY LLC. ., � � � Return to: FGT TRAC7 NO.: FLBXQ-PINE-007M Earl Barrett PROJECT NO.: 10-226 Engineering Department City of Clearwater KEN BURKE, CLERK OF COURT P. O. BOx 47�18 � PINELLAS COUNTY FLORIDA Clearwater, Fl. 33758-4748 INST# 201 � 9997 74 07l28/2011 at 'i 9:38 Ah1 ' OFF REC BK: 17314 PG: 7902-7806 Parcel I. D. No. 12-29-15-55836-QQ1-bOp5 and 0013 DocType:AGM RECORDING: $44.00 FIRST AGREEMENT TO AMEND M�TER AND REGULATOR STATION EASEMENT THIS FIRST AGREEMENT TQ AMEND METER AND REGULATOR STATION EASEMENT ("Amended Easement") is made and entered into this �_ day of �'] , 2011, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Co oration, with its principal office at 112 Sauth Osceola Avenue, Clearwater, Florida 33756 ("Cit�'), and FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company, with principal offices at 5�444 Westheimer Road, Houstan, Texas 77056 ("FGT"), collectively ("the parties"). , ` WITNESSETH WHEREAS, On August 22, 1992 the City did grant and convey to FGT that certain limit�d purpose Meter and Regulator Station Easement ("Easement") as record�d in Official Records Book 80�2, Pages 86 and 87 in the Public Records of Pinellas County, Florida; and, WNEREAS, FGT now proposes to release all of its right, titl� and interest in a portion af said Easement in accordance with the terms and provisions of that certain Partial Release ofi Meter and Regulatar Station �asement ("Release") instrument appended hereta as EXHIBIT "A", and by this ref�rence, made a part hereof; and, WH�REAS, the City is supportive of FGT's proposal to release its interest in that portion af the Easement as described in the Release; and, WH�REAS, in consideration of FG7 releasing its interest in that portion of the �asement as more particularly described in the Release, the City is agreeable to granting and conveying to FG7 additianal limited purpose easement to encumber that certain parcel of land as more particularly described and depicted in EXHIBIT "6" ("Additional �asemenY') appended hereto, and by this reference made a part hereof; NOW, THER��ORE, as of the date first above written, for good and valuable consideration, th� receipt and sufficiency of which are acknowledged, the Parties naw agree and covenant each with the other as follows: (a) AII of FGT's right, title and interest in that portion of th� Easement as described in the Release is hereby released and extinguished as though it had never been granted and conveyed. (b) The City now grants and conveys to FGT Additional Easement over, across and upon that certain parcel of land being more particularly described in above referenced EXHIBIT "B". The City further grants FGT the right and privilege of utilizing the Additianal Easement for ingress and egress, as well as parking and storage of construction vehicles ("Additional Rights"), so long as FGT's exercise of the Additional Rights granted herein do not conflict with the rights and obligations of the City. � (c) All other terms and provisions of the herein referenced Meter and Regulator Station �asement remain unchanged and in full force and effect. U:\Easements\FGT GATE STATION AMENDED EASE 012511.doc Page 1 ��f-- r�I'-H_ p/ �3(� � IN WITNESS WHEREOF, the undersigned parties have caused these presents to be duly executed on the day and date first above written. Signed, sealed and delivered in the presence of:, \\. WITNESS signatbil5 NiNFL19 1, 29?6ff Print Witness Name WITNESS signature , T-NM,i t??L h Print Witness Name STATE OF i AZ FLORIDA GAS TRANSMISSION COMPANY, LLC By: 4ghristo'pher ox, Vice President Chief Engineer & Construction Officer ss COUNTY OF ?Q?;CZ1S The foregoing instrument was acknowledged before me this Ae-day of 2011, by CHRISTOPHER COX as VICE PRESIDENT/CHIEF ENGINEER & CONSTRUCT N OFFICER of FLORIDA GAS TRANMISSION COMPANY, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me or has produced as identification Notary Public - State of G?6 rv Type/Print Name Countersigned: -2013 GLORIA A RIVAS My Commission Expires Auqust 16, 2013 CITY OF CLEARWATER, FLORIDA !/- X/'Az-? By: I j "- a-.,-ar Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Laura Mahony Assistant City Attorney Attest: U:\Easements\FGT GATE STATION AMENDED EASE 012511.doc Page 2 STATE OF FLORIDA ss COUNTY OF PINELLAS : The foregoing instrument was acknowledged before me this _!gZ4_ day of 2011, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is personally known o m W -t• S?? ?2??' ry Public - State of Florida /CMG 4171 Type/Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS : My commission expires: _I ?Iqkk DIANE E MANNI MY COMMISSION # DD952018 ' EXPIRES March 06, 2014 (407)98-W 53 FloddaNotaryService.com The foregoing instrument was acknowledged before me this day of , , L4 2011, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally kn wn to me. Notary Public - State of Florida ti rt Type/Print Name My commission expires: II y) 1 x' SANDKA 11, - RCZI . , ¢'` a MY COMMISSION # DD731691 FVMES:]anuarY 04.2012 Ft. Notary' PisW?nl Aseoc. 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