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FLORIDA POWER CORPORATION (6) '-f~/_g~ ..-9 _'" I , AFIorida .~~ DISTRIBUTION EASEMENT THIS EASEMENT, Made this day between THE CITY OF CLEARWATER, FLORIDA a municipal corporation, , (State) its successors and assigns ("GRANTOR"), and FLORIDA POWER CORPORATION, a Florida corporation, its suc- cessors, lessees and assigns ("GRANTEE"); WITNESSETH, That, for and in consideration of the mutual benefits, covenants and conditions herein contained, GRANTOR grants and conveys to GRANTEE an easement to install, operate and maintain in perpetuity or unti I the use thereof is abandoned, such faci I ities as may be necessary or des irable for providing electric energy and service and communication services; said facilities being located in the following described "Ease- ment Area" within GRANTOR's premises in pinellas County, FI~rida, to wit: < A ten (10) foot wide Easement Area defined as comprising t~at ten foot .wide strip of land lying five feet on each side of the centerline of Grantee's facili- ties as designed and installed on the following described property: See description attached hereto and incorporated herein and made a part hereof the easement. ,,. ,i ; , ..... , 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 GRANT- EE, 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 matntenance of said facilities and for the enjoyment and use of said easement for the purposes ,described above, GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If 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. .I.f GRANT- OR's future orderly development of the premises is in physical conflict with GRANTEE's facilities,GRANTEE This document prepored by BLAIR W. CLARK RETURN TO: Real Estate Dept. Florida Power Corporation P. O. Box 14042 St. Petersburg, FI 33733 cc ~".' , ~ I!(~? L//1/?5 \ [J) ttl 'tl ttl I .t> ~ CD -.J "'tI (J) .., CD 0 (") ~' - ~ 0 ::l Z Q) 3 I-' CD CD () I-' (1) ~ OJ 0 ~ :E ::l OJ '" rt ::7 (1) "0 Ii ttl OJ Ul rt N ~ t'" f-'. tr Ii' \ll N N :n 0 Q) W ::l t:I cg , Ii CD ~ [J) I-' rt (j'I Ii CD CD rt .. () . I-' (1) OJ ~ () 0 OJ c: rt ::l CD -< Ii 'tl f-'. ::l CD .', I-' I-' OJ Ul Corpo,ate CJ~ ~?1:- C~~ J" I I .,,~-... 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 t'o GRANTEE the full expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, 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 relocation. GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premise~allJ GRArHOR ful tl,e, cOv(.lIllnt3 to il,dellll'lify end hold CRAPJT[[ herP'l'llo3 fro", 61'1y 61'1d 611 d8"'t'I~e:3 t'Il'1d ihjtJrie!, vvl,ethcrtoper!ol'l3 01 ...oIo",elty, rC3tlltil'lg fro", il'lte;rfcrcl'lee: ..it'" CRAtJT[['3 ftlcilitie:3 by GRAPHOR Of by CnAPJTOn'3 6~el'lt3 sr e"'f:lle.,.ees. 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 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 and extend to and be oblig- atory upon the sllccessors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the GRANTOR has caused this easement to be signed in its corporate name by its proP~fficers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this I day of ~ ,19~. By Ci ty ['1 nager ATTEST: ' . ,. . ~,~ l~ City Clerk ",'1 xsec;el~ torney COUNTY OF PINELLAS The foregoing easement was acknowledged before me this ~day of Cl.rv'.1.J , 19~, by Anth~ny L..Shoemaker as City. Manaqer l{~~~ and by Lucille Williams as Ci ty Clerk ~~~~Jy, respectively, of ,tffiuniciDal a corporat i on - of the State of THE CI.TY OF CLEARWATER, FLORIDA Florida , on beha If of the corporation as GRANTOR. \ -J-.M~AVr'"d ;, ~~t!ctA~ Notary Pub I ic (NOTARIAL) (SEAL) My Com.'llissio!1 Expires: Notary Public.. State of Florid. Mv Commission EXDires AlIg 15 198:8 tonded Thru Troy Fain. Insuronco. ..... 913 532 (5) Back ~ "~-:,,.- ~ ...~.. I I PROPERTY DESCRIPTION: A parcel of land lying in the NW ~ of Section 18, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Northwest corner of the NW ~ of said Section 18 and run South o 89 22'51" East, along the Northerly boundary line of said Section 18, said line also being the centerline of Drew Street, a distance of 553.20 feet to a point; leaving said line run South 0018'05" West, a distance of 50.0 feet to a point intersecting the Southerly right-of-way line of said Drew Street for the Point .of Beginning. Thence run South 89022'51" East, along said right-of-way line, a distance of 220.0 feet to a point; leaving said right-of-way line, run South 0018'05" West, a distance of 358.60 feet to a point; thence run North 89022'51" West, a dis- tance of 220.0 feet to a point; thence run North 0018'05" East, a distance of 358.60 feet to the Point of Beginning, containing 1.811 acres more or less. ",'1