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FLORIDA POWER CORPORATION (2) I Cc'1 c(c~ 6ity of Olearwatar Effluent lrigation Projec t EASEMENT TIII~ INDENTUHI<;, Made thiR 7+h Jnyof November , A.D. ID7~ between CITY OF CLEARWATER, FLORIDA " a J :';! a _ Il. a o 0:: u: ." UJ . ': V1 0'1 .2 W ~ ILZ~ ~~~ ~o:C:: &. >- .: " 10 VI Q. g 0" c ';: '" " 2 .:. E a VI " D..<: ~ 0 ;; ."u . Party of the First Part, GI~ANTOR herein, and FLORIDA POWER CORPORATION, a corporation organized and ex- isting under the laws of the State of Florida, with its principal place of business at 101 Fifth Street South, in the City'Of St. Petersburg, County of Pinellas and State of Florida, Party of the Second Part, GRANTEE herein. . . WITNESSETH A. WHEREAS, the GRANTOR is the owner in fee of a tract of land in the County of PINELLAS and State of Florida. described on GRANTEE'S Drawing No. 74-445-B (hereinafter referred to as "drawing") dated Oc tober 15, 1974 attached hereto, incorporated herein and by this reference made a part hereof (hereinafter referred to as "PREMISES"); and .. .<: I- B. WHEREAS, GRANTEE is engaged in the business of manufacturing, transmitting and distributing ~ electric energy to the public; and . C. WHEREAS, GRANTEE will construct, install, operate and maintain all facilities (lim'lIi fir referred to as "F.ACILITIES") necessary to provide electric service to the PREMISES and to the general public. The type, ownership and location of said FACILITIES are shown on attached drawing; and D, WHEREAS, GRANTEE is desirous of obtaining an easement covering tal' location, construction and maintenance of said FACILITIES, all in accordance with existing local codes and the National Electrical , Safety Code. ..I NOW, THEREFORE, for and in consideration of the mutual beMfits hereuider and all mutual cove- nants and conditions contained herein, GRANTOR does hereby grant and convey to GRANTEE, for such period of time as it may require the use of the PREMISES or until the use thereof is abandoned by GRANTEE, the right, . privilege and easement to (1) locate its FACILITIES on, over, across, through and under said' PREMISES within the casement area shown on said drawing; (2) construct, operate, maintain, repair and remJve its FACILITIES and (3) attain ingress and egress to and upon the PREMISES for the purpose of exercising rights and privileges herein ~1fanted . The Parties hereto agree as follows: 1. GRANTEE shall have the right to operate, inspect, alter, improve, repair, remove and rebuild its FACILITIES together with the rights and privileges necessary and convenient for the full use and enjoyment thereof. 2. GRANTOR shall not utilize the areas in which the FACILITIES are located in any way or manner which would create a dangerous condition with respect to said FACILITIES or create any interference with the con- struction, reconstruction, removal, repair or safe operation and safe maintenance thereof without written notification to GRANTEE and submission of written pians of such utilization of the easement area Lnd GRANTOR agrees to reimburse GRANTEE for any relocation of the FACILITIES necessitated by GRANTOR'S pl.1nned utilization of said casement area, and GRANTOR covenants to indemnify and hold GRANTEE harmless from ilny and aB damages and injuries, whether to persons or, property, resulting from interference with the FACILITIES by GRANTOR, its agents or employees. 3. Should GRANTEE remove or abandon the use of its FACILITIES, or fail for any reasonable period of time to exercise the rights herein granted, then in that event all rights and privileges hereunder shall cease and the easement, privileges and rights herein granted shall revert to the GRANTOR. 4. GRANTOH covenants that it has the right to convey this easement and that GRANTEE shall have quiet and peaceful possession, use and enjoyment of said easement. . All covenants, terms, provisions and conditions hereof shall lnure to the benefit of and be binding upon the Parties hereto and their respective successors or assigns. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be signed in its name by its C:ity M;:ln;lgP" & Mrlyo,.-C:ommissioner and its official seal to be affixed, attested by its c: it)' r.l p,. k , the day and year first above mentioned. Signl'd, sl'lIled 1I11d del ivered in thl' prl'scnce 01': CITY OF CLEARWATER, FLORIDA / s /-Sue Lamkin /s/ Kathryn C. Green Counter signed: . By / s/ Picot B. Floyd City Manager (Title) Attest: / s / H. Everett Hougen Ma yor-Commis sioner Approved as to 10rm & correctness: /s/ Herbert M. Brown Cif y ^ !tol'nt'Y /s/ R. G. Whitehead City r.]('rk (Title) RE .60 ,If ~Oj$-3 t 1 STATE OF COUNTY OF FLORIDA ) ) S8. ) PINE LLAS I HEREBY CERTIFY that on this 7th day of N'ovembe r , A. D. 19.1.~ before me personally appeared Picot B. Floyd. H. Everett Hougen. and Herbert M. Brown and R. G. Whitehead , respectively City Manager, Mayor_Cornmissi~r, City Attorney and City Clerk of CITY OF CLEARWATER, FLORIDA a inunicipal corporation of the State of FLORIDA , to me known to be the persons described in and who executed the foregoing instrument to the FLORIDA POWER COHPOHA TION, and sev- erally 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 cor- poration, and the said instrument is the act and deed of said corporation. 'f", WITNESS my signature and official seal in said County and State, l.he, day and year last aforesaid. (NOTARIAL SEAL) /s/ Betty A. Russell Notary Public My Commission Expires: Aug. 1, 1978 913 51 ~ r--- . ~ ..0 'l' -.----- /~ --t, -ti1~~ 16 'i!>C:t 53' ';30" t 'fNE. COQ,NER '.' OF Tl-4E NW ~OF / . TI-lE SE\40F , SECr 2.1-2.8-1(0 / . ,~ IS' ~ ~ O. ~ 8 00 C'J 0 6'1 2 I') /1 ~ ,/I ~ =: ~V:! ~ d) 0 l'1~~ " (\J (\J - ~. ~. - ct:- ~R..- Beo -' ;r SE CORNER OF THE...J SW 14- of T~E ~E Y4- OF 'SE.CT 21- 2B -IQ. .f'R/W LINE S '/4 CC~NEq s'ECT 2\ N ~ CO~ER SECT 2.8 . I cocw-I ^ I ----~Q I ,:n: part of the ~;ortheast 1/4 of the Northwest 1!~ of SectLo~ ~8, TO'Nnship 28 South, Range 16 E.1st, l:'j.l~g ~;ortlr.-Jest of State Road ;':0. 580, s":'.:ect to a "'ilter line easement to the City of St. ?etersburg recorded in O. R. Book 1J49, Page 613 /.~;;) the East 1/2 of the Southwest 1/4 of Sec~ion 21, To~mship 28 South, Range 16 East, U;SS the Nortll 30.00 feet thereof, and subj ect to a water line easement to the City of St.' Petersburg recorded in O. R. Book 1349, Page 614 A:;D the I,.est, 1/2 of the Southeast 1/4 of Section 21, TOlffiship 28 South, Range 16 East, all in Pine11as County, Florida, LESS the existing rights-ot-W3Y. containing 178.93 acres, mor~ or less. E-.411(, f!.ORIDA POWER COR.>ORATION DISTfl2UTION fNGINEUIHG IlEPAUIoIENT EASEMENT REQUIREMENT FOR CITY OF CLEARWATER EFFLUENT IQQIGATlON PPOJECr Vi. O. No. .m.................._.__... Dot. 1.9.~b~jf.~. Drown ..MYN.T.:.Z-.._._ Checked '-~_. Approved ....__...._..._,_,_._._.._._........__.__ Seal. ..nN..:r.:.~.~._,... .. Dwg. No74..::44.S:.e