VERIZON FLORIDA INC
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200618691405/17/2006 at 04:31 PM
OFF REC BK: 15127 PG: 1534-1538
DocType:EAS RECORDING: $44.00
FILE NO.
COMMUNICATION EASEMENT
THIS EASEMENT, made this day between the undersigned for the City of Clearwater, a
municipal corporation of the State of Florida whose address is P.O. Box4748, Clearwater.
FL 33758-4748 (GRANTOR) and VERIZON FLORIDA INC., a Florida corporation, whose
principal office is at One Tampa City Center, Post Office Box 110 (MC-FL TP0039), Tampa,
Florida 33601-0110, its successors, and assigns (GRANTEE) (individually referred to
herein as "Party" or collectively as the "Parties":
WITNESSETH, that for and in consideration of the mutual benefits which will accrue to
GRANTOR and GRANTEE as a result of GRANTEE'S construction, installation,
maintenance and operation of communication facilities within the GRANTOR'S
premises described below, GRANTOR grants, conveys, bargains or sells to GRANTEE
a non-exclusive easement to place, replace, remove and maintain telecommunication
equipment and other such facilities it deems desirable for providing telecommunications
and other communications services to Grantor or customers on Grantor's property, in,
over, across and under the following described property in Pinellas County, Florida, to
wit:
Verizon Legal Description: A five (5) foot wide easement strip defined as comprising an
area two and a half (2-1/2) feet on each side of the center line of the GRANTEE'S
facilities as may be designed from time to time at a mutually agreed upon location
within the GRANTOR'S premises as described in the Legal Description in Exhibit "A".
The rights granted to GRANTEE for purposes of providing communications service to
the Grantor or customers on Grantor's property, specifically include: (a) the right for
GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate and move said
facilities; (b) the right for GRANTEE to change the quantity and type of facilities; (c) the
right for GRANTEE to clear the
Easement Area of trees, limbs, undergrowth and other physical objects which, in the
opinion of GRANTEE, endanger or interfere with the safe and efficient installation,
This instrument was prepared by Verizon Florida Inc., One Tampa City Center, Post
Office Box 110 (MC-FL TP0039), Tampa, FL 33601-0110.
By: Randy Johnson
(Name typed or printed)
FILE NO.
1 OF 4 (3/17/2004)
Date: March 8. 2006
Please, ~otur~ to: Verizon Florida Inc.
Attn: Randy Johnson
1280 Cleveland St.
MC FLCW 5033
Clearwater, FL 33755
operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to
enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of
exercising the rights herein granted; (e) and all other rights and privileges reasonable,
necessary or convenient for GRANTEE'S safe and efficient installation, operation and
maintenance of said facilities and the enjoyment and use of said easement for the
purpose described above.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles
(except fences) shall be located, constructed, excavated or created within the
Easement Area. If fences are installed, they shall be placed so as to allow ready
access to GRANTEE'S facilities. If GRANTOR'S future orderly development of the
premises is in physical conflict with GRANTEE'S facilities, GRANTEE shall, within 60
days after receipt of written request from the GRANTOR, relocate said facilities to
another mutually agreed upon Easement Area in GRANTOR'S premises, provided that
prior to the relocation of said facilities: (a) GRANTOR shall pay to GRANTEE the full
reasonable cost of the relocation as documented by GRANTEE; (b) and GRANTOR
shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable
easement to cover the relocated facilities. Upon completion of the relocation, the
easement herein shall be considered canceled as to the portion vacated by the
relocation.
GRANTOR covenants not to interfere with GRANTEE'S facilities within the Easement
Area in GRANTOR'S premises, and GRANTOR further covenants, to the extent
permitted by the Statutory limits on the waiver of sovereign immunity, to indemnify and
hold GRANTEE harmless from damages and injuries, whether to persons or property
resulting from interference with GRANTEE'S facilities by GRANTOR or by GRANTOR'S
agents or employees as a result of GRANTOR'S negligence. Nothwithstanding
anything contained herein to the contrary, this indemnification provision shall not be
construed as a waiver of any immunity to which GRANTOR is entitled or to the extent of
any limitation of liability pursuant to ~ 768.28, Florida Statutes. Further more, this
provision is not intended to nor shall it be interpreted as limiting or in any way affecting
any defense GRANTOR may have under ~ 768.28 or other applicable law.
GRANTOR hereby warrants and covenants: (a) that GRANTOR is lawfully and well
seized of said land in fee simple in which the above described Easement Area is
located; (b) and GRANTOR fully warrants the title to the land and will defend the same
against the lawful claims of all persons whomsoever; (c) and the GRANTEE shall have
quiet and peaceful possession, use and enjoyment of this easement.
All covena~ts, terms, provisions and conditions herein contained shall inure and extend
to, and be obligatory upon, the successors, lessees and assigns of the respective
parties hereto.
FILE NO.
IN WITNESS WHEREOF, the GRANTOR has caused this easement to be signed in its
political name by its proper officers thereunto duly authorized and its official political seal to
be hereunto affixed and attested this :?~ day of ~ ~ , 2006.
Countersigned:
CITY OF CLEARWATER, FLORIDA
~ tU-
::f~ /,;Q4, By: (/).~.~JI
Fr'ar1k V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form:
Attest:
Laura ipowski
Assi tant City Attorney
WITNESSES:
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Signature
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Name Printed or Typed
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Signature
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Signature
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.
Name Printed
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF PINELLAS
by
of ~
(strike.9U . hever is not applicable) of the State of
1st' who is personally known to me,
o who produced
acknowledged before me that (s)he executed th
expressed.
My Commission Expires:
, 200~~?
o....t1-y pu~(.... Denise A. Wilson
~ ~ c; Commission # DD296233
~....... \)~~ Expires June 18, 2008
- (0' OF ",yo Bondell TIey FIIn .INlftIlOt, Inil 1OQoaI6.7111a
Signature
1~AJ{&'.J A IJL'o'u
rint Name }---'" . . )
NOTAR: P.UBLlC -jiJTE OF -r 1t-.1:&-D...J
Commission No.~ .-~ q L/(!).' .
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EXHIBIT
"A"
SCALE 1"=100'
THIS IS NOT A SURVEY!!
GRAND AVENUE
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P.O.B.
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Commence at Center /
Sec.12 Twsp.29 S Rng.15 E
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Clearwater
Airpark
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Commence at the Center of Section 12, Township 29 South, Range 15 East;
thence run North 89' 19' 10" West, along the East-West centerline of said
Section 12, 50.00 feet, to a point on the West right-of-way line of Hercules
Avenue, and the Point of Beginning. Thence run South 00' 16' 59" West, 22.07 feet;
thence North 89' 21' 07" West, 600.00 feet; thence North 00' 16' 59" East, 229.87
feet; thence South 89' 09' 12" East, 600.00 feet to said West right-of-way line,
thence South 00' 16' 59" West, 205.72 feet to the Point of Beginning.
Containing 137,297.04 square feet or 3.15 acres. M.O.L.
~~
"
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING