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FLORIDA POWER CORPORATION D/B/A PROGRESS ENERGY FLORIDA INC (3)Prog ivas berRy 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, a temporary easement to install, operate and maintain 3-PHASE, 1280 AMP, 480 VOLT electric service in compliance with applicable electrical codes and design specifications reviewed and approved by GRANTOR as such facilities as may be necessary or desirable for providing electric energy and service to facilitate GRANTOR'S Stevenson Creek Estuary Restoration project (City Project No. 02-0053-EN), 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: "This easement is a temporary easement for the purpose of installing temporary facilities. This easement shall terminate not more than twelve (12) months following the effective date hereof, or upon the removal of all temporary electrical facilities, whichever shall occur first." See Legal Description on the accompanying Exhibit "A" attached hereto and incorporated herein by this reference. Tax Parcel Number: 03/29/15/85428/000/0030 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 GRANTOR's future orderly development of the premises is in physical. conflict with GRANTEE's facilities, GRANTEE shali;-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. This document prepared by Rt Alexander Glenn CITY OF CLEARWATER Amon to: Progress Energy Florida, Inc. 1730 OVERBROOK AVE. 3300 Exchange Place Lake Mary, Florida 32746 c v' w ? n N l? b ? f1 ? O r O n c? y ¦C O C kn" ? H 0 n w A 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. 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 pro,pper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this ?_ day of ()((Cc.,. , 2010. GRANTOR: Countersigned: Frank V. Hibbard, Mayor STATE OF FLORIDA ss COUNTY OF PINELLAS: CITY OF CLEARWATER, FLORIDA By: . William B. Horne, 11, City Manager Attest: 1-91 Cynthia E. Goudeau, City Clerk Grantor Mailing Address: City Manager P. O. Box 4748 Clearwater, Florida 33758-4748 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 -Z / day of '2010. My commission expires: Not u lic Print/Type Name d G // ? - x'412 / MY E MANNI +9'1-0153 MY COMMISSION # D0952018 EXPIRES March 06.2014 (4FlmlftNole serAcexom Rev 10/08 STATE OF FLORIDA : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared William 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 personally known to me. WITNESS my hand and official seal this % day of , 2010. Notary Public Print/type name Approved as to form: ALauraMahony, Assistant City Attorne My commission expires: 1 1 ykc? \ -1- :SIXINIDRA HARRII COMMISSION # DD133691 7uary r. 2012 ?. N«an' ascaua? nasoa. Ca. Rev 10/08 z Progres Energy PROGRESS ENERGY - FLORIDA POWER DISTRIBUTION EASEMENT SECTION 03 - TOWNSHIP 29 SOUTH - RANGE 15 EAST COUNTY: PINELLAS TAX PARCEL: 03/29/15/85428/000/0030 PROJECT: CW-10-3451734 EXHIBIT "A" LEGAL DESCRIPTION: Lots 3 through 15, inclusive, STEVENSON'S CREEK SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 21, Page(s) 83, LESS AND EXCEPT the following described parcel conveyed to the City Of Clearwater, Florida: From the South quarter corner of Section 03, Township 29 South, Range 15 East, also being the Southwest corner of STEVENSON'S CREEK SUBDIVISION as recorded in Plat Book 21, Page 83, Public Records of Pinellas County, Florida: run North 000 53' 53" West along the quarter Section line, also being the West line of said subdivision, a distance of 324.87 feet to the POINT OF BEGINNING; thence North Easterly along a curve to the left, said curve having a radius of 533.00 feet, chord bearing North 09° 14' 08" East, chord length of 187.56 feet; for an arc distance of 188.39 feet; thence North 00° 53' 53" West, a distance of 53.13 feet to the Northerly line of Lot 3 of aforesaid Subdivision; thence South 570 06' 56" West along the Northerly line Lot 3 a distance of 38.91 feet to the Northwesterly corner of said Lot 3; thence South 000 53' 53" East along the West line of aforesaid subdivision 217.15 feet to the POINT OF BEGINNING. sco%: >"=200' This is not a survey EXHIBIT "A" NORTH u.I w o 2I al VACATED CAROLYN LANE N ca ? O G D Z S 57'06'56 W N'ly. Line - 38.19' Ss0 Temporary ° 3 a Distribution Easement !` °z NW Iy. Cor. 4 ? i7 _ to Less & Except o, z Detail 1 3 oa i$ 2 e , •. 6'Qpgf' I? z ,' o L I Less & Except ao(`{? G?c• ?n IL see Detali 0100 ?u } O N I ,a C 1 4 ?I I II 4 Y; .G 4k 7 M' r --P OB. ; G J y?v - P e z c a 0 0 FAIRMONT _ STREET --;' 0 S. i Comer P.O.B. = Point Of Beg/nning Sot 03 Tws 29s Rng 15E l CITY OF CLEARWATER FLORIDA a+c swr_Twsc-paU06/21/10 -15 aiwµ¢ 2608 029 A N CURVE TABLE ENGINEERING DEPARTMENT CURVE LENGTH DELTA RADIUS CH. BEARING CHORD o K? PROGRESS ENERGY L?0118 C1 188 39' 533 00 N09'14 08"E 187 56 aawm By TEMPORARY aM . . . ED. DISTRIBUTION EASEMENT , OF ,