FLORIDA POWER CORPORATION (4)
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THIS EASEMENT, Made this
3rd
day of
April
, A.D. 1968,
FLORIDA POWER CORPORATION, a corporation of the State of Florida, Party of
the First Part, GRANTOR herein, and CITY OF CLEARWATER, a municipal corporation organized
and existing under the laws of the State of Florida, Party of the Second Part, GRANTEE
here in.
NOW, THEREFORE, WITNESSETH, That, for and in consideration of the sum of One
Dollar ($1.00) and other valuable considerations, the receipt of which is hereby
acknowledged, GRANTOR does hereby grant and convey to GRANTEE and to its successors and
assigns, the right, privilege, and easement to construct, reconstruct, operate and main-
tain for such period of time as it may use the same or until the use thereof is abandoned,
a 24-inch sanitary sewer line together with related appurtenances under, through and
across the following-described lands in Pinellas County, Florida, to wit:
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A l5-foot Permanent Easement whose center line is described as
follows:
Begin at Southeast corner of SE~ of NE~ of Section 7, Township 29
South, Range 16 East, and run thence N 89059'16" W, 126.39 feet
along the -k Section Line; thence N 0012'20" E, 324.50 feet to a
point 57.50 feet Southerly and perpendicular to the center line
of the S.A.L. Railroad; thence N 81006'20" W, 978.54 feet parallel
to said center line to a point 7.50 feet Easterly of the Florida
Power Corporation Right-of-Way; thence S 0042'24" W, 328.15 feet
parallel to said Right-of-Way; thence S 89039'21" W, 7.51 feet to
the East Right-of-Way line for a point of beginning; thence run
S 89039'21" W, 236.06 feet to a point on the West boundary of
said SE-\: of the NE~, said point bears N 0048'26" E, 145.68 feet
from the SW corner of said SE~ of NE~ and is the termination of
this Easement, also to include a 7.5 foot Temporary Construction
Easement on each side of above-described Permanent Easement,
which Temporary Easement shall expire automatically after one (1)
year from date hereof or upon the completion of the project,
whichever is sooner.
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GRANTEE shall have the right to patrol, inspect, repair, replace, change the
size of or remove said sanitary sewer line and appurtenances, together with all rights
and privileges reasonably necessary or convenient for the enjoyment or use thereof for
the purposes herein described, subject, however, to the following terms and conditions.
1. GRANTEE shall not build, construct, create, nor permit
others to build, construct or create any building or
structures within the above-described Easement Area.
2.
Sanitary sewer line shall be buried at a sufficient
depth to provide a minimum earth coverage of 60 inches,
and GRANTOR shall not be liable for damage to GRANTEE'S
underground facilities howsoever resulting from the use
or occupancy of the lands by GRANTOR.
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3. No drag1ines shall be used within the Easement Area in
the excavation for and/or installation of said sanitary
sewer line but said construction activities shall be con-
ducted by use of a backhoe or equivalent equipment of no
greater vertical height.
4. All excavation shall be back-filled and leveled so as to
permit perpendicular crossing thereof by GRANTOR'S vehicles
traveling along its right-of-way.
5. The Easement Area shall not be used for parking or storage
of any kind.
6. GRANTEE, by acceptance of this easement and so long as it
shall exercise any of the rights herein granted, shall hold
harmless and indemnify GRANTOR for any and all loss or damage
to property of GRANTOR and for injuries to or death of persons
lawfully upon and within said Easement Area, resulting by
reason of the construction, presence and/or maintenance of
GRANTEE'S facilities within said Easement Area and which loss
or damage arises or is occasioned from the default or negli-
gence of GRANTEE in the exercise of the duties or rights and
privileges provided for in this easement.
All covenants, terms, provisions and conditions contained herein shall inure
to the benefit of and be binding upon the Parties hereto and their respective successors
and assigns.
IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be signed in
its name by its Vice President and its corporate seal affixed, attested by its Assistant
Secretary, this 3rd
day of
April
""
, A.D. 1968.
Signed, sealed and delivered
in the presence of:
FLORIDA POWER CORPORATION
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BY:
Attest:
I~ C Ch
* * * * * * * * * * * * * * *
STATE OF FLORIDA
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ss.
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this 3rd day of April , A. D. 1968, before
me personally appeared M. F. HEBB, JR. and BETTY M. CLAYTON
respectively Vice President and Assistant Secretary of FLORIDA POWER CORPORATION, a
corporation of the State of Florida, to me known to be the persons described in and who exe-
cuted the foregoing instrument and severally acknowledged the execution thereof to be their
free act and deed as such officers, for the uses and purposes therein mentioned; and that
t1;l.ey\'~'f::i.xeQ thereto the official seal of said corporation, and the said instrument is the
"..;i-~~,~~"d.~ed:of said corporation.
,/,~~~,:,., _ . r:- ..)lJ~TIHi:SS my signature and official seal in said County and State, the day and year
f (Jt~~~"ltiif6i-~~a1d
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My Commission Expires:
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ary' Publ ic
MotcwyPubllc State of ftor" Q Of \ilrQl't.
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