FLORIDA POWER CORPORATION (2)
.c
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day of
Sefember
78
,19_,
THIS EASEMENT. mat~ this 28th
between CITY OF CLEARt-lATERt FLORIDA
a Municipal corporation (GRANTOR), and FLORIDA POWER CORPORATION, a Florid~
corporation (GRANTEE).
WITNESSETH, That for and inconsideration 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 telepho~conimunication service to
-l-ioodgate Park
said facilities being located
in the attached Exhibit "A".
and to the public;
in Pinellas County, 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 eas(>ment herein granted is not exclusive and GRANTOR reserves the right to grant rights
to others affecting the said easement, provided that (1) notice is first given to GRANTEE, and (2) in the reason-
able judgment of GRANTEE such rights do not create a dangerous or unsafe condition, or unreasonably conflict
with the rights hereunder.
GRANTOR covenants that it has ttte right to convey this easement, and that GRANTEE - shall
have quiet and peaceful possessio.n and use of this easement.
All covenants, terms and conditions shall inure to the benefit of, and be binding'upon, the parties
and their respective successors, lessees, and assigns.
C. IN WITNESS WHEREOF. th~ G~ANTOR has caused these presents to be signed in its name by its
lty Manager & Mayor-Commlssloner and its corporate seal to be affixed aUe ted b 't
C't CI k I .' s Y 1 S
1 Y er , the day and year first above written.
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CITY OF CLEARWATER, FLORIDA
(l\ame of Corporation)
/s/ Anthony L. Shoemaker
Clty Manager
(Title)
By
Countersigned:
/ s / Charles F. LeCher
Mayor-Commissioner
Attest:
/ s / Lucille Williams
City Clerk
(T itle)
913582 (S)
Approved as to form
and correctness:
:\
I sl Thomas A. Bustin
Ci ty At torney
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Signed, sealed and delivered
in the presence of:
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Sue Lamkin
J y\
,
Geri Doherty
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY that on the 28th day of September , A. D.,
19 78 ,before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, Lucille Williams & Charles F. LeCher
, respectively City Manager, City Attorney, City Clerk and Mayor-
Commissioner of th~ City of Clearwater, Florida, a municipal corporation, to me
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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 t~ereunto duly authorized, and that the official seal of said
municipal corporation is duly affixed thereto, and the said conveyance is the act
an~ deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County and
State last aforesaid, the day and year last above written.
/s/ BettyA. Russell
Notary Public
My Commission Expires:
Aug. 1, 1982
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Exhibit "A" - WOOIGATE PARK
1. Five (5) feet either side of the following described line:
Commence at tb: NW cnrner Lot 16, Woodgate of Countryside, Unit 1 as recorded
in Plat Book ;1, Pages 13 & 14 of the Public Records of Pinellas County, Florida.
Thence N 8604,,'28" E... 75.03 feet to the point of beginning. Thence N 790 51'31" E,
168 feet to tb= poin~ of ending.
2. Five (5) feet either side of the fo1lo~ing described line:
Commence at th: NW corner of Lot 16, Woodgate of Countryside, Unit 1 as recorded
in Plat Book iJ, Pages 13 & 14 of the Public Records of Pinellas County, Florida.
Thence N 8604L'28" E.., 75.03 feet; thence N 79051'31" E 20.22 feet to the point
of beginning; thence S 07006' 32" E, along a line parallel to and 5 feet east of,
the east lot line of aforementioned Lot 16, 139.83 feet to a point on the north
right-of-way line of Moore Haven Drive; said point also being the point of ending.
3. Five (5) feet either side of the following described line:
Commence at the NW corner of Lot 16, Woodgate of Countryside Unit 1, as recorded
in Plat Book 7J, Pages 13 & 14 of the Public Records of Pine11as Cou~ty, Florida,
thence S 7r13'05" E., 725.09' to the point of beginning, thence S 01027'53" E,
83'; thence S 61045' 07" W, 204.55 feet to a point on the easterly right-of-way
line of Moore t!aven Drive, said point also being the point of ending.
All of the above are all lying and being in Section 31, Township 28 South,
Range 16 East, PineLlas County, Florida.
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WOODGATE OF
COUNTRYSIDE
UNIT ONE
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WOODGATE
PARK
Proposed 10' Florido Power Easement