PROGRESS ENERGY FLORIDA INC - FLORIDA POWER CORPORATION�
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DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PR�SENTS, that the undersigned, their heirs, successors, lessees and
assigns ("GRANTOR"), in consideration of the mutual benefits, covenants aad conditions herein contained, does
hereby grant and convey to �'LORIDA POWER CORPORATION doing business as PROGRESS ENERGY
FLORYDA,INC., a Florida corporation ("GRANTEE"), Post Office Box 14042, St. Aetersburg, 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 telecomrnunication 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:
See Legal Description on the accompanying Exhibit "A" attached hereto and incorporated herein by this
reference.
Tax Parcel Number : 22/29/15/00000/230/0100
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 GRA,NTEE's safe and efficient installation, operation or
maintenance of said facilities; (b) the reasonable right for GRANTE� to increase or decrease the voltage and to change
the quantity and type of facilities; (c) tha 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 GRANTE� to trirn 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 (� 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 GRANT�E 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
transfarmer. 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 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.
�D WRIGHT PARK
This document prepared hy R. Alexander Glenn 1300 S. MARTIN LUTH:ER
3300 Exchange Flace K1NG, CLEARWATER, FL.
Lake Mary, Florida 32746
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GRA,NTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premises,
and GRANTOR further covenants to indamnify ta the extent of Florida Statute 768.28 and hold GRANTEE hannless from
dama�es 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 irnmunity.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or
damages incurred by GRANTOR arising directly frozta GRANTEE's negligence or failure to exercise reasonable care in the
conslruction, 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 Easernent Area is located, (b) that GR.A.NTOR has full right and lawful authority to grant and
canvey 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 GRANTQR has caused this easement to be signed in its corporate name by its
�p per officers thereunto duly authorized and its official corpoxate seal to be hereunta affixed and attested this ��! day of
}-.�C_i'►1 � _ , 2011.
Countersigned:
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Frank V. Hibbard, Mayor
STATE OF FLORIDA .
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COUNTY O�' PllYELLAS:
GRANTOR:
CITY OF CLEARWATER, FLORIDA
By: � g. �,�
William B. Horne, II, City Manager
Attest:
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Rosemarie Call, City Clerk
Grantar Mailing Address:
City Manager
P. O. Box 4748
Clearwater, Florida 33758-4748
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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 offcial seal this �'+ day of , 20'�
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Notary Public M��N,
Print/Type Nam � !r •
Rev 10/08
My commission expires:
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STATE OF FLORIDA .
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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 instrun��ent 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 lo�day of S�j��D� 2
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Notary Public
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Print/type name Sp�,�! � r, c1� �
Approved s to form:
Laura Mahony, Assistant City Attomey
Rev 10/08
My cornmission expires:
SANDTtA HARRiGER
MY COMMISSION # DD733691
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I-BaY3•NOTARY F7, Notery Discoum Aesuc. Co,
EXH I B I T"A"
LAKEVIEW ROAD
S89'10'26"E
s h r w 17. 04'
N54'53'02"E
176.37'
N35'06'58"W
10.00'
LEGAL DESCRIPTION:
S54'53'02"W
190.1 fi'
Point of Beginning
Point of Commencement
N$9'10'26"W
130.77'
ED WRIGHT PARK
O.R. B04K 1546
PAGE 521
A 1D' Progress energy Co. utility easement described as follows:
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Commence at the Northeast corner af land described in O.R. Boak 1546, Page 521, Public Records of Pinellos
County, FL also being at the intersection of the south right—of—way line of Lakeview road and the west
right—of—way line of Martin Luther King Jr. Avenue; thence run N89'10'26"W along the North boundary line of said
land and the 5outh right—of—way line of said Lakeview Road a distance of 1�0.77 feet to a point of beginning;
thence 554'53'02"W a distance of 190.16 feet; thence N35'06'58"W a distance of 10 feet; thence N54'53'02" a
distance of 176.37 feet, to a point on the south right—of—way line of Lakeview Road; thence S$9'10�2fi��E along
the North boundary line of said land and the 5outh right--of--way line of said Lakeview Road a distance of 17,04
feet to the point of beginning.
C1TY OF CLEARWATER, FIAHIllA
ENGINEERING DEPARTMENT
°"B""a�R LEGAL AND SKETCH Zp�i'�
acaao er PROGRE55 ENERGY EASEMENT �.
r.�.u. ED WRIGHT PARK � � �
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8/21/2011 22/i9/75