FLORIDA POWER CORPORATION (3)
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EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That the undersigned, in consider-
ation of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, grants and conveys to the CITY OF
CLEARWATER, a municipal corporation, of the County of Pinellas and State of
Florida, herein referred to as GRANTEE, the right, privilege and easement
to construct, operate and maintain, for public street purposes only, a
portion of Harn Boulevard, over, upon and across the following described
property, hereinafter referred to as the Easement Area, located in the SE~
of NE~ of Section 19, Township 29 South, Range 16 East, Pinellas County,
Florida, to-wit:
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An 80-foot wide Easement Area extending in a
Southeasterly direction across property of the
GRANTOR herein, as described in Deed recorded
in Official Records Book 1416, Page 182, Public
Records of Pinellas County, Florida, as more
particularly described, defined and shown on
Drawing JADN 51180E-I-R, dated January 27, 1966,
attached hereto and by reference made a part hereof~
The GRANTEE, by the acceptance hereof, agrees to utilize the said
Easement Area in accordance with the following terms and conditions:
No below-ground utilities such as drains, sewers,
water or gas pipes, or telephone systems shall be
located or constructed within the South 40 feet of
the said Easement Area. Furthermore, no overhead
utilities shall be permitted to be located within the
said Easement Area without first obtaining GRANTOR'S
approval thereto, nor shall any buildings, structures,
or trees having a mature height of more than 10 feet,
be located thereon.
The GRANTEE further agrees, by the acceptance hereof, that nothing
herein contained or contemplated shall at any time increase the GRANTOR'S
risk or liability for any personal injury or death or for any property
damage and that the GRANTEE expressly agrees that the GRANTOR shall not
assume any such additional risk or liability. By acceptance hereof, the
GRANTEE further agrees to protect, indemnify and save harmless the GRANTOR,
its successors and assigns, from any and all claims, costs, damages and
loss caused, incurred or arising in any manner by reason of the exercise
I I
n.R 2:J:J6 PAGE 1.2
of any rights herein granted and howsoever resulting and irrespective of
negligence.
GRANTEE further agrees, by the acceptance hereof, that GRANTOR'S
use of the Easement Area in connection with the maintenance and operation
of GRANTOR'S transmission facilities, the GRANTOR, its contractors, agents
and employees, shall not be liable for any loss, cost or expense by reason
of damage to the parkway and street facilities located within the said
Easement Area. GRANTOR will, however, during maintenance and operation of
said transmission facilities exercise due caution to prevent undue damage
to the said parkway and street facilities located within the said Easement
Area.
All provisions, conditions, covenants and grants herein contained
shall inure to the sole benefit of and shall be binding only 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 Viae President and its corporate seal to be
affixed, attested by its Assistant Secretary, this 4th
day of
February
A.D. 1966.
Signed, sealed and delivered
in the presence of:
FLORIDA POWER CORPORATION
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By
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Vice Pres~nt
Attest:
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O.R 2336 PAGE 13
STATE OF FLORIDA )
) SS.
COUNTY OF PINELLAS )
I HEREBY CERTIFY That on this 4th
day of
February
, A.D.
1966, before me personally appeared
A. P. PEREZ
and
H. H. WESTON
, respectively Vice President and
Assistant 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 to the CITY OF CLEARWATER 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
corporation.
WITNESS my signature and official seal in said County and State,
the day and year last aforesaid.
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"y;<, S '::€tl.6~~rial Seal)
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MyC'oIIlIl1is~~n Expires:
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,_,~)#. of Florida at Large.
. "c:-.l~C;n Expir.. May 1, 1968
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DES C RIP T I ON FOR EASE MEN T FOR R E VI SED H A R N
BOULEVARD CROSSING OF FLORIDA POWER
CORPORATION RIGHT - OF - WAY
An easement for the construction and maintenance of HarnBou1evard,
for underground drainage structures and utility lines and for the use of Earn
Boulevard as a Public thoroughfare across and through the Florida Power
Corpo ra.tion T ra.nsmis s"lon-rrner'1.gnt':of-wayin theuS..E .'l/4':o{ the N:E. 114
of Section 19, Twp. 29 81', 'Range 16 IS., (a s pe r Deed recorded in O. R. Book
1416, Page 182, Public Records of Pinellas County, Florida) in a strip of
land 80 feet in width. lying 40 feet either side of a center line described as
follows:
From the S.W. corner of the S.E. 1/4 of the N.E. 1/4 of Section 19,
Twp. 29 S., Range 16 E.. run N.Oo 51' 45" E. along the 40 Acre line (being
also the W'ly. line of the Florida Power Corpora1;ion R/W). !)62 .36 fe-et;
thence run N., 89~ 21' lZ" W.. 115.11 feet fora Point of Begillll.lng. the-pce run
E'ly. and S.E1ly. along a curve to the right of 335 feet radi.Uis,;~"'i'51.d,~e,a.ring
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5. 740 tf31 ZSltE.. cho-rd"dr;1ancela"7-:-34 feet),' 189:97ree.irqi'itt:(;~,r,~",-'---:
5.58045' 29" E.. to the E'ly. line of the F.P.C. R/W...i~~l:.""i.~,jt'n~"lclIo.~6
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JO H N SON & A L B R E C H T Reg. ~"",,d.iur~e-yorjl14i
Land Planning and Engineering. Clwr.) Fla., .~'.-:'...;;, ..... ,,-..-~-=_"
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