Loading...
FLORIDA POWER CORPORATION (5) ,~ ~,' THIS EASEMENT, madl this .~ -' l~~ City of Clearwater Ut::tween a municipality corporation (GRANTEE>' '81057132 18th a.H. 5 1 7 5 PAGE 1 788 day of MarCh' , 198..1- , , corporation (GRANTOR), and FLORIDA POWER CORPORATION, a Florida 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 ease- ment 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 Tract 20 A, Countryside Park said facilities being located in Pinellas County, in the attached Exhibit "A". and to the public; Florida, on the premises described 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 adjoining 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 con- struction, 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 GRANT- OR'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 facili- ties of GRANTEE. The eaRement herein granted is not exclusive and GRANTOR reserves the right to grant rights to others affecting the said easement, provided that (}) notice is first given to GRANTEE, and (2) in the reason- able judgTTI~~t of GRANTEE such rights do not create a dangerous or unsafe condition, or unreasonably conflict with the rights'here,under. , ',', ,~, ", GRANTOO.covenants that it has the right to convey this easement. JUMXIM~Xf3fX~M!XX NiX~~~~1[~OOXiX~MtOCX ""'-: '. ,-~', .' >' ,-',: . -.. ";?:- ,;if ~<,;:~ , , ' ":_= , ~,>:. "All, cp~en~ti, terms and conditions shall inure to the benefIt of, and be binding"upon, the parties and their re,spective suCct:i~ors, lessees, and assigns. :,;: --',' .,' .;"'.'.'- City City /(INWITNEss WHEREOF, ~he 9RANTOR has caused these pre se J1t.s to be signed in its name by its ~~na~erand Mayor-Connnl.ssl.oner 1 and its corporate seal to be affixed. attested by its er , the day and year first above written. "" ~ . ~- ..,. P:HG.'-'" '" ~'.::. ::.". n, ~DA 4 38 PH 'B I By 4'_ ,Au !,:,: f', -:'"~. ~ ~....-v. .'~'. """".,;.J.'.(~ CLERK CIKCUIT CUURT Attest: iJ, " ',,' ".".., . '," ~~W'~ City Clerk. /:- , , (Title) 913582 IS) Mayor- Cash 1~ 40 Rec /O~ This instr:lm"r:t ","lS prepared by: THO"II ^ ~ C\. T" rF:": '.[ Citv Attorney Cit;L~~uGle~;~~te"r:P. O.13ox 4748 Clearwater, Florida 33518, I.' 1.....1'.:;:. ~ ,) Signed, sealed and delivered in the presence of: ,Lf~ ~~~~ , :..,J. ,!!t co' T (: -'I(t~lJl!"...;:mr __~O~ / RETURN TO: CITY CLERK P. O. BOX 4748 CLEARW A TER, FLA. 33518 "/3 t I ;.: - .-:; , -r-f ' '" o.H.5 1 7 5 PAGE 1 7 8 9 STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on the 8th day of April , A. D., 19 81 , before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin, Lucille Williams, and Charles F. LeCher , respectively City Manager, 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. State last aforesaid, ,0 the day and year last above written. <. ..... -" " N~~bCC w. ..:""". . . ~ ,..-' -~, If" ,- 1-':,. :-:: ~ ~ -, -- ~.- -:- My Commission Expires: NOTARYHPUBUC, State of-Florida: At Large My Commission Expires December 20th, 1983. --:~----"*----..---~~._----- ,--- ._- - 2 - , " .-.II! I , D.H.5 1 75 PAGE 1 790 "EXHIBIT A" TRACT 20A of COUNTRYSIDE 10 Foot Florida Power Easement, 5.0 feet either side of the following described line: Commence at the Northwest corner of Section 29, Township 28 South, Range 16 East; thence N 890 45 '_ 34" _E, along the North line of said Section 29, for 208.00 feet; thence S 00 02' 06" W, along the East line of a 208.00 feet wide Florida Power Corporation Right-of-Way, for 995.06 feet, to the point of beginning; thence S 89057' 54" East, 412.00 feet the point of ending.