FLORIDA POWER CORPORATION
... ......, ,
',' 1 ,
\.
E A S E MEN T
w
::t Zr
_A Iffv'
THIS EASEMENT, made this ''0 day of A. D...J:..9&.r, between
CITY OF CLEARWATER, FLORIDA, a municipal corporation (GRANTOR), and FLORIDA
POWER CORPORATION, a Florida Corporation (GRANTEE);
WITNESSETH:
That for and in consideration of the mutual benefits, covenants, and
conditions contained herein, GRANTOR grants and conveys to GRANTEE, its
successors, lessees, and assigns, an easement to install, operate and maintain
for as long as GRANTEE requires the use of GRANTOR'S premises, or until the
use thereof is abandoned by GRANTEE, such facilities as are necessary and
desirable in rendering underground electric service, and, when applicable,
telegraph and telephone communication service to Sand Key and to the public;
said facilities being located in Pinellas County, Florida, on the premises
described in the attached Exhibit "A".
GRANTEE shall have the right to repair or alter said facilities, including
the right to alter the voltage thereof, together with all rights and privileges
reasonably necessary or convenient for the enjoyment or use thereof for the
purposes above described. GRANTEE shall have the right to clear the easement
of any and all physical objects which, in the opinion of GRANTEE, endanger
proper operation.
GRANTOR further grants the reasonable right for GRANTEE to enter
GRANTOR's premises adjoing said easement in exercising the rights granted.
GRANTOR shall not utilize GRANTEE'S easement in any way or manner which
would create a dangerous condition with respect to said facilities, or create
any interference with the safe and efficient construction, operation and
maintenance thereof without first giving written notification to GRANTEE, together
with written plans of such proposed utilization of the easement area.
GRANTOR agrees to reimburse GRANTEE for any relocation of facilities
necessitated by GRANTOR'S planned utilization of said easement, and GRANTOR
covenants to indemnify and hold GRANTEE harmless from any and all damages
and injuries, whether to persons or property, resulting from interference with
the facilities by GRANTOR, its agents or employees. As used above, the term
"interference" shall mean an obstruction or impedance of the normal condition
or function of the facilities of GRANTEE.
The easement herein is not exclusive and GRANTOR reserves the right to
grant rights to others affecting the said easement, provided that (1) notice is
first given to GRANTEE, and (2) in the reasonable judgment of GRANTEE such rights
do not create a dangerous or unsafe condition, or unreasonably conflict with the
rights hereunder.
GRANTOR convenants that it has the right to convey this easement.
All covenants, terms and conditions shall inure to the benefit of, and
be binding upon, the parties and their respective successors, lessees, and
assigns.
- 1 -
cr
V
) ;
;> , ,'"i! ,/ ,. / -' ,...~.
/~~r ,~r' i..i'.: ~"'.
- 1/;/r;il'
J10/Q-/3 :
t..
."
I
I
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
signed in its name by its City Manager, countersigned by its Mayor-
Commissioner, approved as to form and correctness by its City Attorney,
and its corporate seal to be affixed, attested by its City Clerk,the day
and year first above written.
By
Mayor-Co
Attest:
rXL:v~- L
City
\,
,
~-y'_./
Clerk
Signed, sealed and delivered in the
presence of:
~~<<<--L--
/~~~~
.,/ -
STATE OF FLORIDA ]
]
COUNTY OF PINELLAS]
Jf> ~~-r 1(,16"2- @
I HEREBY CERTIFY that on the AlA. ~day of Jl!rt ,_'^.. D. ;L9.BJ., before
me personally appeared AnthonyL. Shoemaker, Thomas A. Bustin, Lucille Williams
and Charles F. LeCher, respective City Manger, City Attorney, City Clerk and
Mayor-Commissioner of the City of Clearwater, Florida, a municipal corporation,
to me known to be the individuals and officers described in and who executed the
foregoing Easement and severally acknowledged the execution thereof to be their
free act and deed as such officers thereunto duly authorized, and that the
official seal of said municipal corporation is duly affixed thereto, and the said
conveyance is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County and
State last aforesaid, the day and year last above written.
.,~,.--
~ . .... . , ~/_',.~'. :g~ ,-~,
C A..~_V- '-- . -' ~
Notary Publ:Lc;., - ;: _ _:._ ,,: ~:
My Commission Expires:
Aoflrv PubflC, State 0' Florida at [arqr
My Commission Exjiires Oct. 31, 1983
~~ded, 8y, f\.m~,j~n, fire_ dr. Ca$UaU1 Company'
- ,/
~
'''','. '\,.
I
I
EXHIBIT "A"
LEGAL DESCRIPTION
An easement over the southerly 15.0 feet of the following described property:
starting at the southwest corner of Section 17, Township 29 South, Range 15
East, rrm N 89010'31" E., 843.47 feet; thence runN 42013'31"E., 886.07 feet;
thence run S47046'29"E., 50 feet to Point of Beginning. Thence run N 42013'31"E,
315.00 feet; thence run S47046'29"E, 280 feet to the mean high water line of
Clearwater Harbor. Thence run Southwesterly along said mean high water line to
a point, said point being the intersection of the MHW line and a line having a bearing
of S47046'29"E from the P.O.B.; thence rrm N47046'24"W, 237.00 feet :t to the
P.O.B.