PROGRESS ENERGY
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,.. Progress Energy
DISTRIBUTION EASEMENT - CORPORATE
Tax Parcel Number:7/29/16/00000/410/0100
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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, did grant
and convey to PROGRESS ENERGY, a Florida corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg,
Florida 33733, and to its successors, lessees, licensees, transferees, pennitees, apportionees, and assigns, an easement
to install, operate and lllaintain in perpetuity, such fucilities as may be necessary or desirable for providing electric
energy and service and communication systems, whether to telecommunication providers or other customers by
GRANTEE or others, said facilities being located in, on, over, under or across the following described "Easement
Area" within GlUNTOR'S premises in Pinellas County, to wit:
A 10 foot wide Easement Area defined as lying 5 feet on each side of Grantee's facilities to be installed at
mutually agreed upon locations over, across and through the following described property to accommodate
present and future development.
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION
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; (b) the right for GRANTEE to
increase.or deCrease the voltage and to change the quantity and type of facilities; (c) the 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 right
fOr GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the 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.
GaANTOR 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 six feet (6') on the
opening side and one foot (1') on the other three sides of any pad mounted transformer. If GRANTOR's future
orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, 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 expected cost of the relocation as estimated by GRANTEE, and (h) GRANTOR shall
execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities
and such other property as deemed necessary by Grantee. Upon the completion of the relocation, the easement herein
shall be considered cancelled as to the portion vacated by suchreln~tioa. 1'hi<: legaL des{'rirtion W3S-pI"c'.rided. .bY,~
GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any
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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, subject to the limitations and restrictions of F. S.
768.28, the Florida SOvereign Immunity Statute, to indemnify and hold GRANTEE harmless from any and all
damages and injuries, whether to persons or property, resulting from interference with GRANTEE's facilities by
GRANTOR Or by GRANTOR's agents or employees.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of 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 to and extend to and
be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto.
IN WfiNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its name
by ivroper offic~rs t,ereunto duly authorized and its offidal seal to be hereunto affixed and attested this
f? day of Oc k.. , 2003.
CITY Of CLEARWATER, FLORIDA
By:
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Attest:
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STATE OF FLORIDA
COUNTY OF PINELLAS
: 55
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor-Commissioner 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 herei~ forth, and who is personally known to me.
WrrNESS my hand and official seal this ~5 day of ~ . . , 2003.
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Notary PUbli~--'O
Print/Type Name
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{.~. . r. MY CO ClmJlyn L Brink
~\ .~:] MMISSlON # 00203569 EXPIRES
...~'.....o..~., May 22, 2007
'..9f"r,i.,' BONDED THRU TROY FAIN
INSURANCE INC
STATE Of FLORIDA
: S5
COUNTY OF PINELLAS I I /' LI
R~ p~ S1vne.. 1/4' ST L-/-'
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 offldal seal this J6'fl- day of ~ ' 2003.
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· SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16
PINELLAS COUNTY. FLORIDA
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:.lJfEseRI PTION
EAST
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:>:'-START AT THE SOUTHEAST CORNER Of THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 29 SOUTH.
:.i~j~ANGE 16 EAST AND RUN N.89.59'16"W., 120.01 FEET ALONG fAST-WEST CENTERLINE OF AFORESAID
::;SECTION, TO THE WESTERN BOUNDARY LINE Of U.S. HIGHWAY 19 (S.R. 55) fOR A POINT Of BEGINNING:
. .?r.HENCECONTINUE N.89"59'16"W., 984.71 FEET TO A POINT; THENCE RUN N.0'42'49nE., 48.3.97
>}Jitr TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF TAMPA AND GULF COAST RAILWAY (S.C.l.);
. THENCE RUN 5.81007'13"E., ALONG SAID SOUTH RIGHT OF WA.Y LINE 995.88 FEET TO THE WEST
BOUNDARY LINE OF U.S,. HIGHWAY 19.. (S.R. 55); THENCE RUN S.0'54'45"W., ALONG SAID WEST BOUNDARY
UNE 330.45 FEET TO THE P()INT OF BEGINNING.
TOGETHER WITH:
THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST. QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP
29 SOUTH, RANGE 16 EAST, LESS "NO EXCEPT THE RIGHT...,.OF-WAY OF U.S. HIGHWAY 19~ ALSO LESS
AND EXCEPT THE FOLLOWING DESCRtBED PARCEL OF LAND TO-WIT: BEGINNING. AT THE SOUTHWEST
CORNER THE NE 1/4 OF SE 1/4 c1F'~SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE
N;89'52'OJ"E., ALONG THE SOUTH BOUNDARY OF SAID NE 1/4 OF' SE 1/4, 239.10 FEET TO A
POINT THAT IS ,175.00 FEET EASTERL YOF AND AT RIGHT ANGLE TO THE CENTER LINE OF FLORIDA
POWER CORPORATION'S EXISTING HIGGfNS-DISSTON 110 KV TRANSMISSION UNE; THENCE N.O.23'18"E.,
PARALLEL TO SAID EXISTING CENTER LINE,' 1,153.54 FEET; THENCE N:O'24'J8"E.. PARALLEL TO
, SAID EXISTING CENTER UNE, 193.08 fEET TO A POINT ON THE NORTH BOUNDARY OF SAID NE 1/4 OF
SE 1/4; THENCE S.89.41'38''W., ALONG SAID NORTH BOUNDARY, 236.29 FEET TO THE NORTHWEST
CORNER OF SAID NE 1/4 OF SE 1/4, THENCE S.O'30'40"W., ALONG THE WEST BOUNDARY OF SAID
NE 1/4 OF SE 1/4, 1345.95 FEET TO THE POINT OF BEGINNING SITUATE, LYING AND BEING IN THE
COUNTY OF PINELlAS, STATE OF FLORIDA, INCLUDING RIGHTS OF INGRESS AND EGRESS IN ACCORDANCE
WITH DEED RECORDED IN OR BOOK 1472, PAGE 385.
LESS THAT PART LYING WITHIN THE FOllOWING DESCRIBED BOUNDARY, TO-WIT:
COMMENCE AT A 5/8" IRON ROD NO. LB-33 MARKING THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4
OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PfNELLAS COUNTY, FLORIDA, RUN THENCE
S.89039'46"E., A DISTANCE OF 2,671.71 FEET ALONG THE SOUTH BOUNDARY OF THE SOUTHWEST
1/4 OF SA.ID SECTION 7 TO THE SOUTHEAST CORNER THEREOF; THENCE N.00.54'S0nE., A DISTANCE
OF 1,350.60 FEET ALONG THE EAST BOUNDARY OF THE SOUTHEAST 1/4 OF SAID SECTION 7; THENCE
N.89.S0'51 "W., Po. DISTANCE OF 1 00.01 FEET TO THE EXISTING WEST RIGHT-OF-WAY LINE OF U.S.
#19 AND THE POINT OF BEGINNING; THENCE N.B9'SO'Sl "w., Po. DISTANCE OF 6.27 FEEf ALONG
THE NORTH BOUNDARY OF THE CLEARWATER COLLECTION - SECOND REPLAT, ACCORDING TO THE MAP
OR PLAT THEREOF, RECORDED IN PLAT BOOK 107, PAGE 24 OF THE PUBLIC RECORDS OF P1NELLAS
COUNTY, FLORIDA; THENCE N.05'24'50"E., A DISTANCE OF 79,90 FEET TO SAID WEST RIGHT-OF -WAY
. LINE or U.S. #19; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, S.Ocr54'50"W., A DISTANCE
OF 79.57 FEET TO THE POINT OF BEGINNING.
CONTAINING 249 SQUARE FEET, MORE OR LESS.
HAVING A COMBINED ACREAGE OF 39.65 ACRES MORE OR LESS.
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