FLORIDA POWER CORPORATION (3)
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OJ. 3751 PAtE 606
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, made this 9th day of March
A.D. 1972, between FLORIDA POWER CORPORATION, a corporation of the State of
Florida, Party of the First Part, GRANTOR herein, and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation of the State of Florida, Party of the Second
Part, GRANTEE herein;
WITNESSETH: That the said GRANTOR, for and in consideration of the
sum of One Dollar ($1.00) and other good and valuable consideration, in hand
paid by the GRANTEE, the receipt of which is hereby acknowledged, and in con-
sideration of the conditions and covenants herein contained, does hereby grant
unto GRANTEE and to its successors, lessees and assigns, an easement and right-
of-way for such period of time as GRANTEE may use the same or until the use
thereof is abandoned by GRANTEE, for the sole purpose of excavating for, in-
stalling, operating, utilizing and maintaining an underground eight inch (8")
cast iron sanitary sewer gravity main along and within the following described
Easement Areas in the County of Pine11as and State of Florida, to wit:
From the Northwest corner of the NE~ of sE% of Section 6,
Township 29 South, Range 16 East, run thence N 89051'29" E,
along the East-West center line of said Section 6, 230.21
feet; thence S 1011'29" W, along the East line of GRANTOR'S
electric transmission line right-of-way, 1002.49 feet for
the Point of Beginning of a 10.0 foot sanitary sewer ease-
ment; thence S 41031'26" W, along the center line of said
10.0 foot sanitary sewer easement, 342.51 feet to the End
of Easement; thence S 1015' 41" W, along the center line of,
a 20.0 foot sanitary sewer easement, said line parallel to
the West line of GRANTOR'S electric transmission line right-
of-way (being also the East line of COACHMAN LAKES ESTATES,
Plat Book 62, Pages 26-29), 897.47 feet to the End of Ease-
ment, said point lying S 2020'16" E, 159.33 feet from the
Southeast corner of Lot 29 of said COACHMAN LAKES ESTATES.
During the period of initial construction, it is understood
and agreed that GRANTEE shall also have the right to
temporarily occupy and utilize additional area alongside
the above-described Easement Areas as required for work
space provided such additional area is restored to a con-
dition acceptable to GRANTOR.
GRANTEE shall have the right to inspect, improve, repair and/or replace
the sewer line (hereinafter referred to as "insta11ation"), together with all
rights and privileges reasonably necessary or convenient for the enjoyment or
use thereof for the purposes herein described, subject, however, to the follow-
ing terms and conditions to which GRANTEE expressly agrees:
1. That GRANTEE shall notify Mr. F. E. Badger, GRANTOR'S Superin-
tendent of Transmission Construction and Maintenance (Telephone: 898-2141, St.
Petersburg), at least 72 hours before commencing initial construction activities
within the Easement Areas so that, if desirable, GRANTOR can have a representa-
tive present to observe the activities.
2. That the installation shall be centered within the Easement Areas
at the location shown on print of sketch attached hereto, authenticated by the'
signature of an officer or agent of each of the Parties hereto, and by this
reference incorporated herein and made a part hereof; and the installation shall
be buried at a sufficient depth to provide adequate earth cover to protect
against breakage or crushing by GRANTOR'S maintenance equipment.
3. That all excavation in connection with this installation shall,
after the installation is completed, be backfilled and leveled by GRANTEE in a
manner suitable to GRANTOR'S representatives which will not appreciably alter
the existing natural drainage runoff pattern in the area, whereupon the entire
disturbed area shall be sodded by GRANTEE in order to prevent any possibility of
erosion on GRANTOR'S premises.
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARvVATER, FLA, !j.'r~18
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oJ~ 3751 PAtE 607
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4. That GRANTOR expressly reserves unto itself, its successors,
lessees and assigns, the continued right to utilize the said Easement Areas in
any way or manner not inconsistent with GRANTEE'S use thereof.
5. That GRANTOR shall not be liable for damage to GRANTEE'S instal-
lation howsoever resulting from the use or occupancy of the lands by GRANTOR.
GRANTOR shall, however, exercise reasonable caution to prevent undue damage to
said installation.
6. That GRANTEE agrees, by acceptance hereof, that nothing herein
contained or contemplated shall, at any time, increase GRANTOR'S risk or
liability for any personal injury or death or for any property damage, and that
the GRANTEE expressly agrees that GRANTOR shall not assume any such additional
risk or liability. By acceptance hereof, GRANTEE further agrees that GRANTEE
shall assume full responsibility for all claims, damages, death or bodily injury
caused in any manner to any person or property at any time by GRANTEE'S actions
or activities upon and within GRANTOR'S premises and that GRANTEE shall protect,
indemnify and save harmless the GRANTOR, its successors, lessees and assigns,
from any and all claims, costs, damages and loss caused or incurred in any manner
from GRANTEE'S actions or activities upon or within said premises or arising in
any manner by reason of the exercise of any rights herein granted and howsoever
resulting and irrespective of negligence.
7. That upon GRANTEE'S breach of any condition contained herein,
this easement, after written notification by GRANTOR to GRANTEE of such breach,
shall become null and void and all grants and rights contained herein shall
thereupon immediately revert to the GRANTOR in absolute.
8. That GRANTEE, its successors, lessees and assigns, shall not
build, construct, or create any buildings or structures, other than the said in-
stallation, within the said Easement Areas.
9. That GRANTEE'S operation of any boom-type equipment within the
Easement Areas beneath or in proximity to any of GRANTOR'S electric facilities
shall, at all times, be in strict compliance with applicable provisions of the
National Electrical Safety Code and the rules and regulations of the Florida
Industrial Commission.
10. That GRANTEE, in and about the construction, operation, utiliza-
tion and maintenance of said installation within GRANTOR'S premises, and GRANTEE
so covenants, shall not therein interfere with the safe and efficient operation
and maintenance of GRANTOR'S electric facilities.
11. That this Agreement shall inure to the benefit of and be binding
upon the Parties hereto and their respective successors, lessees and assigns.
The GRANTOR covenants that it has the right to convey this Easement
Agreement and that the GRANTEE, its successors, lessees and assigns, shall have
quiet and peaceful possession, use and enjoyment thereof subject to the above
terms and conditions.
IN WITNESS WHEREOF, the aforesaid Parties have caused these presents
to be signed in their respective names by their proper officers thereunto duly
authorized and their respective corporate seals to be hereunto affixed and
attested, all as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
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oX 3751 PAtE 608
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City Clerk
Signed, sealed and delivered
in the presenc.e of:
* * * * * * * * * * * * *
STATE OF FLORIDA
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COUNTY OF PINELLAS
I HEREBY CERTIFY that on this 9th day of March
A.D. 1972, before me personally appeared B. L. GRIFFIN
and BETTY M. CLAYTON , respectively Assistant Vice President
and Assistant Secretary of FLORIDA POWER CORPORATION, a corporation of the
State of Florida, to me known to be the persons described in and who executed the
foregoing instrument and severally acknowledged the execution thereof to be their
free act and deed as such officers, for the uses and purposes therein mentioned;
andtbat they affixed thereto the official seal of said corporation, and the said
instrument is the act and deed of said corporation.
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My "-', '. :LSS :Lon Exp:Lres:
my signature and official seal in said County and State, the
aforesaid.
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Notary Public
Notary Public, State of Florida at La rge
~y Commission Expire~ JULY 23. 1974
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O.R. 3751 PAtE 609
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STATE OF FLORIDA
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COUNTY OF PINELLAS
I HEREBY CERTIFY that on this ~ f~ay of ~
A.D. 1972, before me personally appeared Merrett R. Stierheim. Herbert M.
Rrown, H F.verett Hongen ;:lnrl 'R ~ Wnih::.np;:l rl
,respectively City Manager. City Attorney.
Mayor-Commissioner and City Clerk
, of the CITY OF CLEARWATER, FLORIDA, a muni-
cipal corporation of the State of Florida, to me known to be the persons described
in and who executed the foregoing instrument and severally acknowledged the execu-
tion thereof to be their free act and deed as such officers, for the uses and pur-
poses therein mentioned; and that they affixed thereto the official seal of said
corporation, and the said instrument is the act and deed of said corporation.
My Commission Expires:
~~,J;a;y Pl.i..j;,:. 5~~t. 1>1 F:crida d large
iV',y C"mmis~i~:l b..!r<:s Cd. 22. 1914
&.nnd.ut by ~rica. Fire . C......1 Co.
WITNESS my signature and official seal in said County
day and year last aforesaid.
(NOTARIAL SEAL)
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