PROGRESS ENERGY
~ Progress Energy
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned CITY OF CLEARWATER, FLORIDA, a
Florida municipality, its successors, lessees and assigns ("GRANTOR"), in consideration of the mutual benefits,
covenants and conditions herein contained, did grant and convey to FLORIDA POWER CORPORATION doing
business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation ("GRANTEE"), Post Office Box 14042,
St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns,
an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing
electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other
customers by GRANTEE or others, said facilities being located in the following described "Easement Area" within
GRANTOR'S premises in Pinellas County, Florida, to wit:
A lo-foot wide Easement Area defined as described in the Sketch and Description (EXHIBIT "A") consisting of .
2 sheets attached hereto and made a part thereof by this reference.
Tax Parcel Number: 01129/15/16488/000/0130
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to
patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to
restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs,
alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation, operation or
maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change
the quantity and type of facilities; (c) the reasonable 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, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or remove
any timber adjacent to, but outside the Easement .Area which, in the reasonable opinion of GRANTEE, endangers or
interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) 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; and (f) all other rights and privilt;ges reasonably necessary or convenient for GRANTEE's safe and
efficient installation, operation and maintenance or'said facilities and for the enjoyment and use of said easement for the
purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the
provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement
area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to
GRANTEE herein.
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 the fences are installed, they shall be placed so as
to allow ready access to GRANTEE's facilities and provide a working space of not less than six feet (6') on the opening
side and one foot (1') on the other three sides of any pad mounted transformer. If GRANTOR's future orderly
development of the premises is in physical conflic't with GRANTEE's facilities, GRANTEE shall, within 60 days after
receipt of written request from 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 actual cost of the relocation as incurred by GRANTEE, and (b) GRANTOR shall execute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of
the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation.
GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premises,
and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28, and hold GRANTEE harmless
from all damages and injuries, whether to p.erso.PtPf)'~Q1},~~lesulti.ng fr.om interference with GRANTEE's facilities by
GRANTOR or by GRANTOR's agents or employees.
This document prepared by R. Alexander Glenn
Return to: Progress Energy Florida, Inc.
3300 Exchange Place
Lake Mary, Florida 32746
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Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28
or the doctrine of sovereign immunity as to any party hereto. In addition. nothing contained herein shall be construed as
consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of
sovereign immunity.
GRANTEE agrees to indemnify and hold GRANTOR hannless for, from and against any and all losses, claims or
damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise reasonable care in the
construction. reconstruction. operation or maintenance of GRANTEE's facilities located on the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in
which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey
this easement to GRANTEE, and (c) that 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
heirs, successors, lessees and assigns of the respective parties hereto.
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Grantor Mailing Address:
City Manager
P. O. Box 4748
Clearwater, Fl. 33758-4748
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, .personally appeared Frank V. Hibbard, the Mayor of the City of
Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his
free act and deed for the use and purposes herein set forth, and who is personally known to me.
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WITNESS my hand and official seal this S day of
,2008.
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My commission expires:
Notary Public .
Print/Type Name0) It:{ /J e..
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DIANE E MANNI
MY COMMISSION # DDS26033
EXPIRES: Mar. 6, 2010
['100"0 1'l~11illY Senrie..com
STATE OF FLORIDA
COUNTY OF PINELLAS
~H.Q.~f.O~E ME, the undersjgned,..p.ersonalJ~..appeared.WllUam B. Horne, II, the City Manager of the City
of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his
free act and deed for the use and purposes herein set forth, and who is ersonally known to me.
WITNESS my hand and official seal this ~ day of
c&.~ ;f,. )J)~
Notary Public ~
Print/Type Name ~/t'f/)e- c!f. )f4/1IJr
2008.
My commission expires:
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DIANE E MANNI
MY COMMISSION # DDS26033
EXPIRES: Mar. 6, 2010
FlorIda No1aIy Servlce.cern
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Legal Description
Basis Bearing Reference: per Official Record Book 473S,
Pages 1S01-1S03, as recorded in the Public Records of
Pinellas County, Florida, and Lot 13, Clearwater Industrial
Park, as recorded in Plat Book 44, Page 46, of said Public
Records; (S89'21 , 49"E), along the Southerly boundary line
of said Lot 13, also being the centerline of the Logan
Street right of way, as dedicated in Official Record Book
307S, Page 708, of the aforesaid Public Records.
A ten foot (10.00') utility easement lying five feet (S.OO')
each side of the following described centerline: Commence
at the Southwest corner of Lot 13, Clearwater Industrial
Park, as recorded in Plat Book 44, Page 46, of the Public
Records of Pinellas County, Florida, said point also being
on the centerline of the Logan Street right of way, as
dedicated in Official Record Book 307S, Page 708, of the
aforesaid Public Records; thence S89'21, 49"E, along said
centerline a distance of 366.66 feet; thence NOS'20'21"E, a
distance of 73.83 feet; thence N22'22'29"E, a distance of
12.09 feet to the POINT OF BEGINNING; thence
N03'30'09"W, a distance of 113.82 feet; thence
NS7'07'26"W, a distance of 7S.38 feet; thence NOO'36'19"E,
a distance of S2.26 feet; thence S77'48'24"E, a distance
of 30.77 feet to the POINT OF ENDING.
AND
A ten foot (10.00') utility easement lying five feet (S.OO')
each side of the following described centerline: Commence
at the Southwest corner of Lot 13, Clearwater Industrial
Park, as recorded in Plat Book 44, Page 46, of the Public
Records of Pinellas County, Florida, said point also being
on the centerline of" the Logan Street right of way, as
dedicated in Official Record Book 307S, Page 708, of the
aforesaid Public Records; thence S89'21 , 49"E, along said
centerline a distance of 366.66 feet; thence NOS'20'21"E, a
distance of 73.83 feet; thence N22'22'29"E, a distance of
12.09 feet; thence N03'30'09"W, a distance of S.34 feet to
the POINT OF BEGINNING; thence NSO'2S'02"E, a distance
of 75.25 feet to the POINT OF ENDING.
CITY Of' CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
LEGAL SKETCH
PROGRESS ENERGY
1 O' UllUTY EASEMENTS
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3/28/2008 CLEARWATER FIRE STAll ON 48 01-29S-lilE
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Legal Description
Basis Bearing Reference: per Official Record Book 4735,
Pages 1501-1503, as recorded in the Public Records of
Pinellas County, Florida, and Lot 13, Clearwater Industrial
Park, as recorded in Plat Book 44, Page 46, of said Public
Records; (S89'21' 49"E), along the Southerly boundary line
of said Lot 13, also being the centerline of the Logan
Street right of way, as dedicated in Official Record Book
3075, Page 708, of the aforesaid Public Records.
A ten foot (10.00') utility easement lying five feet (5.00')
each side of the following described centerline: Commence
at the Southwest corner of Lot 13, Clearwater Industrial
Park, as recorded in Plat Book 44, Page 46, of the Public
Records of Pinellas County, Florida, said point also being
on the centerline of the Logan Street right of way, as
dedicated in Official Record Book 3075, Page 708, of the
aforesaid Public Records; thence S89'21 , 49"E, along said
centerline a distance of 366.66 feet; thence N05'20'21"E, a
distance of 73.83 feet; thence N22'22'29"E, a distance of
12.09 feet to the POINT OF BEGINNING; thence
N03'30'09"W, a distance of 113.82 feet; thence
N5T07'26"W, a distance of 75.38 feet; thence NOO'36'19"E,
a distance of 52.26 feet; thence S7T48'24"E, a distance
of 30.77 feet to the POINT OF ENDING.
AND
A ten foot (10.00') utility easement lying five feet (5.00')
each side of the following described centerline: Commence
at the Southwest corner of Lot 13, Clearwater Industrial
Park, as recorded in Plat Book 44, Page 46, of the Public
Records of Pinellas County, Florida, said point also being
on the centerline of the Logan Street right of way, as
dedicated in Official Record Book 3075, Page 708, of the
aforesaid Public Records; thence S89'21, 49"E, along said
centerline a distance of 366.66 feet; thence N05'20'21"E, a
distance of 73.83 feet; thence N22'22'29"E, a distance of
12.09 feet; thence N03'30'09"W, a distance of 5.34 feet to
the POINT OF BEGINNING; thence N50'25'02"E, a distance
of 75.25 feet to the POINT OF ENDING.
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3/lB/2008
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CITY OF' CLEARWATER, F'LORIDA
ENGINEERING DEPARTMENT
LEGAL SKETCH
PROGRESS ENERGY
10' UllUTY EASEMENTS
CLEARWAlER ARE STATION 48 ~~::.~
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