FLORIDA POWER CORPORATION
A
~) 'J
I
~il.1332ll
:;-,/ (I /b ~?,
I n.R, 1fl8? PAGE276
~
~
KNOW ALL MEN BY THESE PRESENTS, That the undersigned in con-
sideration of the sum of One Dollar ($1.00) and other valuable considerations,
the receipt of which is hereby acknowledged, grants and conveys to the
CITY OF CLEARWATER, a municipal corporation, organized and existing under
the laws of the State of Florida, herein referred to as GRANTEE, the right,
privilege, and easement to construct, operate and maintain for such period
c-ro
c..t:.)
~.
:~~
"'--u
-;_..J
CJ C)
--'~
of time as it may use the same or until the use thereof is abandoned, a
a
o
a
c::::
C') ',-,~
- ~ '.,.J
~.. (.')
. ",~_.i
sanitary sewer pipeline and appurtenances under, through and across the follow-
ing-described land (herein called EASEMENT AREA #1) in Pinellas County,
0:::>
("--.J
Florida, to wit:
~
:E
p~ ';:--.
c;:".:'-
...\',.1
LU ">-
,:: .01
The South 5.0 feet of the West 223.11 feet
of the SEk of the NE~, and the North 5.0
feet of the West 223.11 feet of the NEt of
the sEk of Section 19, Township 29 South,
Range 16 East.
In addition, FLORIDA POWER CORPORATION grants and conveys
an additional easement for construction equipment access and working space
purposes only, over, across and upon the following-described land (herein
called EASEMENT AREA #2) also in Pinellas County, Florida, to wit:
The North 10.0 feet of the South 15.0 feet
of the West 223.11 feet of the sEk of the
NE~, and the South 10.0 feet of the North
15.0 feet of the West 223.11 feet of the
NE~ of the SEk of Section 19, Township 29
South, Range 16 East.
Provided, however, that GRANTEE'S rights and privileges with
respect to EASEMENT AREA #2 shall extend during the period of initial con-
struction of said sanitary sewer pipeline, only, and upon completion of said
construction, or upon May 1, 1964, whichever should first occur, all rights
in and to said EASEMENT AREA #2 shall cease and determine.
GRANTEE shall have the right to patrol, inspect, repair, replace,
change the size of or remove said sanitary sewer pipeline 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:
/'. ''''3.DO
J1
,
O,R, Itj(j"' PAGE~1'1
I
I
~
1. GRANTEE agrees that said underground pipeline
shall be constructed at a sufficient depth
below the surface so as to provide 10 feet
of earth cover.
2. GRANTEE shall not build, construct, create,
nor permit others to build, construct or
create any building or structures within the
above-described Easement Areas.
3. GRANTEE, by acceptance of these easements 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 Areas,
resulting by reason of the construction, presence
and/or maintenance of GRANTEE'S facilities within
said Easement Areas and which loss or damage
arises or is occasioned from the default or
negligence of GRANTEE in the exercise of the
duties or rights and privileges provided for in
these easements.
4. GRANTOR shall not be liable for damage to GRANTEE'S
underground pipeline or related facilities howsoever
resulting from the use or occupancy of the lands by
GRANTOR.
5. Th~ rights and privileges herein granted are
subordinate to the rights of Henry L. McMullen
as set out in Letter Agreement dated February 22,
1962 wherein FLORIDA POWER CORPORATION granted
Mr. McMullen the right to remove dirt from the North
5.0 feet of EASEMENT AREA #1 for a period extending
two years following the date of construction of
FLORIDA POWER CORPORATION'S second or most easterly
steel tower transmission line across the property,
which line has not been constructed as of the date
of this instrument.
6. Thisinstmunent shall supersede and cancel in its
entirety that certain easement granted and conveyed
by GRANTOR to GRANTEE under date of December 21, 1962,
and subsequently recorded on January 22, 1963, as
Clerk's Instrument No. 31696B in Official Records
Book 1599 at Page 220, Public Records of Pine lIas
County, Florida.
All covenants, terms, 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
- 2 -
I
I
lor'87 PAGE278
O.R,
.'
~
affixed, attested by its
Secretary, this
14th
day of
May
, A. D. 1963.
Signed, sealed and delivered
in the presence of:
FLORIDA POWER CORPORATION
By --A. p. ~~ ....Co,u"
Vi~. p~es*&~~.,
, . ......'.,........:'
r~~
/4. (! ~
( , '\
Attest:
~ ~ '" " '-
" L" ... / '
2\::r;:~
~~4
STATE OF FLORIDA )
) ss.
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this
14th
day of
May
A. D. 1963, before me personally appeared
A. P. Perez
and
G. F. Foley
, respectively Vice President and
Secretary of FLORIDA POWER CORPORATION, a corporation of
the State of Florida, to me known to be the persons described in and who
executed 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 they affixed thereto the official seal
of said corporation, and the said instrument is the act and deed of said cor-
poration.
WITNESS my signature and official seal in said County and State,
the day and year last aforesaid.
(NOTARIAL SEAL)
I, ~ '0 ....d
(\/c / l /0'1-
<( A..Al\t"'- ' ~
Nota1 Public
f(':;~~~: ~': ;'t J _ ':'~;"
~ '~:;...,~:.. r (~"' "f.:.I!.(~
~;(:~ ~:;:~~~:.:: ~': '~;~;\:.
~. \ '<It! ")11 "'~, ~~,.
~''': .'~.~/ ~'* ,,".fA 'j':;' \)' "'... , ~:"
,~Q; . '::J '"\ ." 'My \:~ission Expires:
~ f" ~ ~ ~ ,. '; ~',:
~.~>
(N~h1y.PUbIiC, State of n,da at L ~r~e
,My. C~mmission Expires May I, 1964
ae.~e lily .'\R'lQri~i1A ~l.Ir'ity r.n nf 1\1 '{.
,',".;t
;'.'
, ,
-
- 3 -
/1)
'J.~ () ~
(/\y
I
I
n,R 1599 PAGEZ20
','
.?
31696B
ovf
ClJi'.I-31
1S'"'l9.p"'frt- 2. 'J. ()
I /'
KNOW ALL MEN BY THESE PRESENTS, That the undersigned in considera-
tion of the sum of One Dollar ($1.00) and other valuable considerations, the
receipt of which is hereby acknowledged, grants and conveys to the CITY OF
CLEARWATER, a municipal corporation, organized and existing under the laws
of the State of Florida, herein referred to as GRANTEE, the right, privilege,
~
c.c:t
..
....-i~
-~ r>::
'r~~ and easement to construct, operate and maintain for such period of time as it
'~,')(,J
~,~ ;..:
~~~may use the same or until the use thereof is abandoned, a sanitary sewer pipe-
:d
-:~ line and appurt@.nances under, through and across the following described
\,.~'';'D
Le; ;;d
L~ land (herein called BASEMENT AREA #1) in Pine11as County, Florida, to wit:
~;:
~~ Begin at the northwest corner of the SE~ of the
NE~ of Section 19, Township 29 South, Range 16
East and run thence South 890 13' 12" East, along
the 40-acre line, 230.79 feet; thence South 00
51' 45" West 10.0 feet; thence North 890 13' 12"
West 230.79 feet; thence North 00 51' 45" East
10.0 feet to Point of Beginning.
::E:
a....
o
(\,/
N
l'.,J
,......,
:e
~
"-?
In addition, Florida Power Corporation grants and conveys an addi-
tiona1 easement for construction equipment access and working space purposes)
only, over, across and upon the following described land (herein called
EASEMENT AREA #2) also in Pine11as County, Florida, to wit:
From the northwest corner of the SE~ of the NE~
of Section 19, Township 29 South, Range 16 East"
run thence South 890 13' 1211 East along th~ 40-
acre line, 230.79 feet; thence South 00 51' 45"
West 10.0 feet t~ the Point of Beginning; thence
South 00 51' 45" West 5.0 feet; thence North 890
13' 12" West 215.79 feet; thence South 00 51' 45"
West, parallel to the 40-acre line, 1331.71 feet
to the quarter Section line; thence North 890 29'
13" West, along the quarter Section line, ~15.0 feet
to the 40-acre line; thence North 00 51' 45" East,
along the 40-acre line, 1336.71 feet; thence South
890 13' l~' East, 230.79 feet to the Point of
Beginning.
Provided, however, that GRANTEE'S rights and privileges with respect
to EASEMENT AREA #2 shall extend during the period of initial construction of
said sanitary sewer pipeline, only, and upon completion of said construction,
or upon December 31, 1963, whichever should first occur, all rights in and to
said EASEMENT AREA #2 shall
n~f I~ )iN\ V :
d A AI (it- './:I'".A
(AVI'I. t,.; ",f ,,1 .
, l'I}/-'
u
cease and
~1
/ 11'
J I
determine.
GO __
~ ~---
,..-- .~......-
_J U"'_
~g ;;
('.J~_ ~,~)
ST'AT E OF t:: L (] p', [j I:i.
DOC! r!\"AiC'"t',!T,~P'/ ':"':~:'_~ !\:~C.') --,-~, V'
~. J;;;;'~ ~~r~;!j:~;;):r;~~~;
j:;'M('TRCl' , -" \ \~;" "--' / <'- .... ,- J =
fe,' !'sni::'<\{i~~~.'~</, .:':~.::.:~
....^.^"".,.'''..............''r ",'J'.A..A.,1-.A..."", "................"".,",,~J~._
J
I
OR,
1599 PAGE221
GRANTEE shall have the right to patrol, inspect, repair, replace,
change the size of or remove said sanitary sewer pipeline 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 agrees that said underground pipeline
shall be constructed at a sufficient depth below
the surface so as to provide 12 feet of cover.
2. GRANTEE shall not build, construct, create, nor
permit others to build, construct or create any
building or structures within the above-described
Easement Areas.
3. GRANTEE, by acceptance of these easements and so
long as it shall exercise any of the rights here-
in 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 Areas,
resulting by reason of the construction, presence
and/or maintenance of GRANTEE'S facilities within
said Easement Areas and which loss or damage arises
or is occasioned from the default or negligence of
GRANTEE in the exercise of the duties or rights
and privileges provided for in these easements.
4. GRANTOR shall not be liable for damage to GRANTEE'S
underground pipeline or related facilities howsoever
resulti~g from the use of occupancy of the lands by
GRANTOR
5. The rights and privileges herein granted are
subordinate to the rights of Henry L. McMullen as
set out in Letter Agreement dated February 22,
1962 wherein Florida Power Corporation granted
Mr. McMullen the right to remove dirt from EASEMENT
AREA #1 for a period extending two years following
the date of construction of Florida Power Corporation's
second or most easterly steel tower transmission line
across the property, which line has not been constructed
as of the date of this instrument.
All covenants, terms, and conditions contained herein shall be bind-
ing upon and inure to the benefit of the successors and assigns of the parties
hereto.
- 2 -
I
, <:
I
O.R, 1599 PAGE222
.-
IN WITNESS WHEREOF, the said GRANTOR has caused these presents
to be signed in its name by its Senior Vice President and its corporate
seal affixed, attested by its
Secretary, this 2lstday of
December
,A.D. 1962.
Signed, sealed and delivered
in the presence of:
By lltJ<-~. ,;Ji~IC.l
Senior Vice Pre~,tdent''''''';,:
Attest:
, ,
....:.: .'
,~ Y l I
"j ,",
~ .
_.:
;- ,
':; t"i ~: i
~
<:J
<2 .~
~?~"
STATE OF FLORIDA )
) SSe
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this 21st day of December ,A.D.
1969, before me personally appeared H. K. McKean '1'
and G. F. Foley ,respectively Seniei Vice President and
Secretary of FLORIDA POWER CORPORATION, 'a: corporation of the
State of Florida, to me known to be the persons described in and who executed
the foregoing instrument and severally acknowledged the exe~ution thereof
to be their free act and deed as such officers, for the uses and purposes
therein mentioned; and that they affixed thereto the official seal of said
corporation, and the said instrument is the act and deed of said corpora-
tion.
WITNESS my signature and official seal in said County and State,
the day and year last aforesaid.
",,"(~ SEAL)
J'~'~~' ~. :? .?~~ e..i~'i:%C{\i,;':i,
.;.:- .r " "il;! <~. ~'.~;.;,,,
........ ~ ,_ ",.,,' >~~ F.: \1' t.~'"' ~
f,".' My c'on:mi';.saon Expires:
;:,.n',~ ~"~;-';;',;.l...: ,~J ~
...-\ .f'J ( I 'C \..NClta~'~u!;1Ic. State of Florida at Lat~e
, ". - My Commission Expir!!S May 1. 1964
, '. BOndeq,by American Surety Co. of N. Y.,
" ,. ....i,'
I, :n-in\~'"''
(!~