PROGRESS ENERGY1i i
i
Pmgress Enw--gy-
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and
assigns ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, does
hereby 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, to wit:
A 10.00 foot wide Easement Area defined as lying 5.00 feet on each side of GRANTEE's facilities to be installed
at mutually agreeable locations over, across and through the following described property to accommodate present and
future development:
The South ten feet (10') of Lot 4, SPENCER HEIGHTS, according to the map or plat thereof as
recorded in Plat Book 66, Page 102, Public Records of Pinellas County, Florida.
Tax Parcel Number: 14/29/15/84753/000/0040
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 privileges reasonably necessary or convenient for
GRANTEE's safe and efficient installation, operation and maintenance of 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 ten (10) feet on the
opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted
transformer. If CRANTOR'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 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. This legal description was provided by GRANTOR.
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 damages and injuries, whether to persons or property, resulting from the negligent or
wrongful act or omission related to 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 harmless 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.
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its
proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this Q-1 to_ day of
iNtkiN 2010.
GRANTOR:
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
V. Hibbard, Mayor
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Laura Mahony, Asst. Cit Attorney
STATE OF FLORIDA
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COUNTY OF PINELLAS :
Attest:
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.
WITNESS my hand and official seal this S, r day of Wlo , 2010.
gyp.c?tt.L? My commission expires:
Notary Public
Type/Print Name l 1 Q ?'1 /?!
DIANE E MANNI
MY COMMISSION # DD952018
STATE OF FLORIDA •,?•EXPIRES March 06, 2014
ss (407) 396-0153 FloddeNataryServlce.oom
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Home, 11, 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 personally known to me.
WITNESS my hand and official seal this 1? of 2010.
My commission expires: 1 I '? 12a l z_
otary Public
Type /Print Name
SANDRA HARRIGER
My COMMISSION # DD733691
EXPIRES:lanuery 04.2012
Rev 10/0$ I-W-3?NOTARY Fl, Np1ary puaoum A"?' Ca.
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William B. Horne, II, City Manager
scoie: 1`0=60 's EXHIBIT "A"
This is not a survey NORTH
Progress Erg ergy
Dis trib u tion Easem erg t
TURNER STREET
(unimproved)
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
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D?Khg LEGAL SKETCH Lgl2010-06
aKU® m PROGRESS ENERGY 3[T
E. Owett DISTRIBUTION EASEMENT 1 OF 1
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2/11/10 SOUTH 10' OF LOT 4 14/29/15
OUT-
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