The URL can be used to link to this page

FLORIDA POWER CORPORATION - PROGRESS ENERGYt �.1, . • � �'� P ress �...� � �+��y PCCPared t3y: KEN BURKE, cLEl2!( +JF CrJURT Bruce C. Crawford, Esquire AND COMPTROLLER p�NELLqg COUNT"Y, PL � ��i�i# 20130d��39 03/06;3013 at U3:2� Pi"�I Return to• P['O�iCSS Ene['g,y F1oC1da, Inc. OFF REC BK: 17881 PG: 170-17q A�D: RCaI EStatC PEF 1� DocType:EAS RECORDING: $4q.00 D DOC STAMP: $0.70 P. 0. Box 14042 St. Petersburg, FL 33733 UNDERGROUND DISTRIBUTTON EASEMENT KNOW ALL BY THESE PRESENTS, that the undersigned owner, for itself and its successors, lessees and assigns ("GRANTOR"), for good and valuable consideration, the receipt and sufiiciency of which is hereby acknowledged, hereby grants and conveys to FLORIDA POWER CORPORATION, a Florida corporation, doing business as Progress Energy Florida, Inc., ("GR.ANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an underground easement to install, operate and maintain in perpetuity a concrete encased conduit duct bank for providing electric energy and service and communication systems whether to or on behalf of telecommunication providers or other ct�stomers, by GRAN'fEE or others, said facilities being located in the following described "Easement Area" within GR.ANTOR's premises in Pinellas County, to wit: See EXHIBIT "A" attached hereto and incorporated herein by this reference. The rights herein granted tc� GRANTEE by GRANTOR specificall� include: (a) the right for GRANTEE to patrol, inspect, alter, ixnprove, repair, rebuild, relocate and remove said facilities which actions shall be performed by utilizing the eacisting manholes which shall remain outside of the footprint of any building to be constructed by GRANTOR within the Easement Area; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities wiihin the concrete encased conduit duct bank; (c) 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 (d) 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 pucposes described above. GRANTEE acl�owledges that GRANTOR intends to expand the footprint of the existing building over GRANTEE's conduit as depicted in Exhibit B, which construction, operation and maintenance shall not interfere wiih GRANTEE's distribution line. GRANTEE covenants that its maintenance and operation of its distribution lines shall not interfere with GRANTOR's building. If GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, withi� 60 ciays after re�eipt 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 cost of the relocation, and (b} GRANTOR shall execute and deliver to GRANTEE, at no cvst, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled. as to the portion vacated by such r�location. This legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal descriptian to cover the actual facilities. GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement area in� GRANTOR's premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from an}� ja'f°-t�i �.,�a� �.'$`a ? � 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, as limited by Florida Statutes 768.28. GRANTEE agrees to inderanify 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, reconslxuction, operation or maintenance of GRANTEE's facilities located in 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 locateci, (b) that GRANTOR has fixll 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, provision 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 WtTNESS WHEREUF, GRANTOR has caused this easement to be signed in its corporate name by its duly authorized proper officer, and its official corporate seal to be hereunto affixed and attested, on this � day of �;=c'. [?,2_/s� �:7 , 2012. GRANTOR: CiTY OF CLEARWATER, FLORIDA [Company Seal] By: � 1'�� t��. William B. Home, D, City Manager countersigned: .� G(�� << t� C-�C�t1s G�rge N. Cretekos, Mayor %��t../1C.(��.�'.� �. f Q..� Rosemarie Call, City Clerk Grantor Mailing Address: City Manager P.O. Box 4748 Clearwater, Florida 33758-4748 ,��►p��'"�Cgj� �� / p �` 0 ta ,�_ � �r � C !�� -----� � STATE OF FLORIDA COUNTY OF ��:, // ) iNe C�1�1.�' ) BEFORE ME, the undersigned, personally appeared George N. Cretekos, the Mayor of the City of Cleaiwater, Florida, who executed the foregoing instnunent and aclaiowledged 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. Wl'INESS my hand and official seal tlus � day of �C�.i�7 e.�C , 2012_ [Notary Seal] STATE OF FLORIDA COUNTY OF NOT. lsl � c�t ` �, c►�`r "� Notary Public State of Fiorida , ?� � Patricia A Kuligowski �n�d �e: � c� o* My Commissi�n DD934599 $�j� N��; �% 9 '?oi�o� Explres 10I20/2013 My ��SS�� : of a /u' BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of Clesiwater, Florida, who executed the foregoing instniment and aclrnowledged the execution thereof to be his frce act and deed for the use and ptuposes herein set forth, and who is personally known to me. WTTNESS my hand and of�iciat seal this Ib�day of �-��,,-��..� , 2012. Approved as to form: [Notary Seal] NOTARY PUBLIC, State of Florida p�y SANDRA HARRIGER ��' � -�—� ' NOTARY PUBLIC P�ted name: 5 o—��r�'� �� STATE OF FLORIDA Serial Number: �� '� �� 3$ �; comm# Ee�a2238 My commission expires: i I y ��c �� NCE 19� � Expires 1/4l2016 �! �� Laura Mahony, Assistant City A mey s�o�e �" = 30' EXHIBIT "A" This is not a survey N � � N �" �� `� 0 ti w � .�� N � v � � h 0 � — — � � 7 Cleveland Street 78' Right-of-Way NORTH — T — — T — I ( J.R Davey Et. Al. Resubdivision Hillsborough Plat Book 1, Page 87 � � � 8 Legal Description: Underground Distribution EasementdesCribed as %llows: The portion of the 17' alley lying South of Lot 7, and the west 4134' of Lot 6, Block B, properties described in the plat titled °J.R. DAVEY,ET. AL. RESUBDIVISION" located in Plat Book 1, Page 87 of the Public Records of Hillsborough County, FL, of which Pinellas County was formerly a part. � South Righ!-of Way ?y J_ s�o�e �" = 30' EXHIBIT "B" This is not o su�vey N � � N ? � � ti � � U � 0 � � h 0 w � .00 � h h Cleveland Str�eet 78' Right-of-Way � � 8 NORTH — — � — S South Righ!-ojWay �y J_ Proposed CAPITOL THEATRI::