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VERIZON FLORIDA LLC (2)FILE NO. This instrument was prepared by: Bryan Lantz Verizon Florida LLC 7701 E. Telecom Parkway Temple Terrace, FL. 33637 FLTDSA3 COMMUNICATION EASEMENT THIS EASEMENT, made this day between the City of Clearwater, Florida, a Florida municipality located in Pinellas County, Florida (GRANTOR) and Verizon Florida LLC, a Florida limited liability company, whose address is 7701 E. Telecom Pkwy Temple Terrace, FL. 33637, its successors, and assigns (GRANTEE): 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 an easement to place, replace, remove and maintain telecommunication equipment and other such facilities it deems desirable for providing telecommunications and other communications services in, over, across and under the following described property in Pinellas County, Florida, to wit: See Exhibit "A" attached hereto and by this reference, made a part hereof. The rights granted to GRANTEE 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 reasonable opinion of GRANTEE, endanger or interfere with the safe and efficient installation, 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. Sidewalks, pavement and landscaping may be 1 OF 3 Please, return to: Verizon Florida LLC Attn: Bryan Lantz 7701 E. Telecom Parkway Temple Terrace, FL.33637 FLTDSA3 FILE NO. installed within the easement. 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 actual cost of the relocation; (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, to the extent permitted by Florida Statute 768.28, further covenants 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. 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 covenants, 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. The Remainder of this Page Intentionally Left Blank [A05 -00152 /161855/1] 2 OF 3 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 A ci day of .1- C1)Au_evt). , 2015. Countersigned: — C'eOrtt tkCe Mb03 George N. Cretekos, Mayor Approved as to form: ( UU Lara Lipowski Mahony, Assistant City Attorney STATE OF FLORIDA : ss COUNTY OF PINELLAS : CITY OF CLEARWATER, FLORIDA By: N�� R.114.4.141)--zt William B. Horne, II, City Manager Attest: at Oatt Rosemarie CaII, City Cler BEFORE ME, the undersigned, personally appeared George N. Cretekos, and William B. Horne, II, Mayor and City Manager respectively of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purposes herein set forth, and who are personally known to me. WITNESS my hand and official seal this 'i day of , 2015. r Notary Public My commission expires: Print/Type Name [A05 -00152 /161855/1] 3 OF 3 Scale 1" = 50' EXHIBIT "A" This is not a survey "7 L4 LOT8 LOT 9 LOT 10 MOASE & HARRISON'S SUBDIVISION PLAT BOOK 2, PAGE 85 LOT 11 LOT 13 NORTH MOASE & HARRISON'S SUBDIVISION PLAT BOOK 2, PAGE 85 Point ofBeginninig 7 LOT8 LOT9 EfD O z Point of Commencement Southwest Corner of Parcel 1 Legal Description LOT 12 z O LOT 12 LOT 13 COURT STREET (STATE ROAD NO. 60) A 15'x 15' Verizon easement described as follows: Commence at the Southwest corner of "Parcel I" of property described in the survey 'Map of Boundary and Topography Survey - Clearwater Fire Station Court Street and Madison Avenue" performed by Hamilton Engineering and Surveying on 7/7/2011; thence N 00 °15'14" W, a distance of 95.83 feet; thence N 00 °46'55" W, a distance of 15.01 feet (Li) to a POINT OF BEGINNING; thence S 88°52'41" E, a distance of 15.01 feet (L2); thence N 00 °46'55" W, a distance of 15.01 feet (L3); thence N 88°52'41" W, a distance of 15.01 feet (L4); thenceS 00 °46'55 "E, a distance of 15.01 feet (L5) to the POINT OF BEGINNING. Line Table Line # Direction Length LI N00 °46'55 "W 15.01' L2 S88 °52'41 "E 15.01' L3 N00 °46'55 "W 15.01' L4 N88 °52'41 "W 15.01' L5 S00 °46'55 "E 15.01' CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT ORM 111, L. Cheek MIL ND. LgI- 2014 -09 NECKED .r Sketch and Legal of arm T. Mahony a 15' x 15' Verizon 1 .e. ear- TWA-11110 12/30/14 Easement at Fire Station 45 15- 29S -15E