PROGRESS ENERGY
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OR\G\NAL
DISTRIBUTION EASEMENT - CORPORATE
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, did grant
and convey to PROGRESS ENERGY, a Florida corporation ("GRANTEE"), Post Office Box 14042, 81. Petersburg,
Florida 33733, and to its successors, lessees, licensees, transferees, permitees, 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 telecommunication providers or other customers by
GRANTEE or others, said facilities being located in, on, over, under or across the following described "Easement
Area" within GRANTOR'S premises in Pinellas County, to wit:
A 10 foot wide Easement Area defmed as lying 5 feet on each side of Grantee's facilities to be installed at
mutually agreed upon locations over, across and through the following described property to accommodate
present and future development.
SEE AITACHED EXHIBIT "A" FOR LEGAL DESCRIPTION
Tax Parcel Number 30/29/15/00000/430/0500
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; (b) the right for GRANTEE to
increase or decrease the voltage and t6 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 opinion of GRANTEE,
endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the right
for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the opinion of
GRANTEE, endangers or interferes with the safe and efficientinstallation, 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.
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 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 expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall
execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities
and such other property as deemed necessary by Grantee. 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 In the event facilities a~e located outside of this legal description, GRANTOR shall pay for any
relocation costs necessary or shall amend' this legal description to include the actual facilities and necessary property.
This document prepared by Marva M. Taylor
Return to: Real Estate Document Center, Progress Energy
3300 Exchange Place, Lake Mary, FL 32746
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GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in
GRANTOR's premises, and GRANTOR further covenants, subject to the limitations and restrictions of F. S.
768.28, the Florida Sovereign Immunity Statute, to indemnify and hold GRANTEE harmless from any and all
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 the owner of 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 to 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 name
by . it~oper officers thereunto duly authorized and its official seal to be hereunto affixed and attested this
/.3 day of ~~ I 2003.
CITY OF CLEARWATER, FLORIDA
B~7B ~::rt
William B. Horne, II, City Manager
STATE OF FLORIDA
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COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor-Commissioner 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 10
day of
'ItHr
, 2003.
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Notary ~ ;to
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!'ifli'" f~.. Carolyn L Brink
Print/Type Name;~: ;*1 MYCOMMISSION# OD203569 EXPIRES
<~i-...-. W May 22, 2007
....9r.,f~, BONDED THRU TROY FAIN INSURANCE,INC
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 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 10 day of
Notary~ ~ ~
0\Anr
,2003.
Print/Type Name
MY COMM/si,~~#/Yn L Brink
00203569 ~
UONOED May 2~ 2007 IRES
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Approved as to form:
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Laura Lipowski, Assistant City Attorney
, Progress Energy
PROGRESS ENERGY DISTRIBUTION EASEMENT EXHIBIT "A"
SECTION-3, TOWNSHIP 29 SOUTH, 15 RANGE EAST
COUNTY: Pinellas
TAX PARCEL: 03/29/15/00000/430/0500
PROJECT: Clearwater Northwest Fire /Rescue Station #51
LEGAL DESCRIPTION
That part of the SW 1/4 of the SE 1/4 of Section 3, Township 29 South, Range 15 East,
being more particularly described as follows:
Commence at the SE corner of SW 1/4 of the SE 1/4 of said Section 3; thence N89
36'OTW a distance of 68.91 feet along the South boundary line of SW 1/4 of the SE 1/4
of said Section 3 to the Point of Beginning; thence continue N89 36'OTW along the South
boundary of SW 1/4 of the SE 1/4 of said Section 3, a distance of 431.00 feet; thence
NOO 23'53"E a distance of 318.19 feet to the Southwesterly Right-of-Way line of
Overbrook Avenue ( C.R. 560 ); thence S53 26'09"E along said Southwesterly Right-of-
Way line a distance of 507.23; thence 28.65 feet along the arc of a CUNe to the right
having a radius of 161.45 feet, and a cord bearing S48 21 '09"E, a distance of 28.61 feet
to the Point of Beginning.
Containing 1.59 acres, more or less