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Recorded leptember 23, 1971
o. R. Book 3628, Page 461
Clerk's Instrument No. 71 106494
Public Records of Pine11as County, Fla.
EASEMEJ:~T AGREEMEI'IT
THIS EASEMENT AGREEMENT, made this 23rd day of August
A.D. 19n, between FLORIDA POWER CORPORATION, a corporation of the State' or
Florida, Party of the First Part, GRANTOR herein, and the CITY OF CLEARWATER,
a municipal corporation of the State of Florida, Party of the Second Part,
GRANTEE herei.n;
WITNESSETH: That the said GRANTOR, for and in consideration of the
sum of One Dollar ($1.00) and other good and valuable considerations, 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 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, installing, oper-
ating, utilizing and maintaining an underground eight inch (811) cast iron sani-
tary sewer gravity main along and within the following described Easement Area
in the County of Pinellas and State of Florida, to wit:
From the Northwest corner of NE% of sE% of Section 6, Town-
ship 29 South, Range 16 East, run S 1015'4111 W, along the
West boundary of said NE% of SE% (being also the West
boundary of GRANTOR'S electric transmission line right-of-
way and the East boundary of COACHMAN LAKES ESTATES, plat
Book 62, Pages 26-29), 1258.02 feet to the Point of Begin-
ning of the center line of a lO-foot wide Easement Area
defined as extending 5 feet on each side of said center
line which bears N 43058' 2111 E 341.11 feet to the Point of
Terminus on the East boundary of GRANTOR'S said right-of-
way.
During the period of initial construction, it is understood
and agreed that GRANTEE shall also have the right to
temporarily occupy and utilize as work space an additional
lS-foot wide strip of land on each side of the above
described 10-foot wide Easement Area and that backfilling,
sloping, compacting and contouring of finished grade
elevation may extend across the entire 40-foot wide area.
GRANTEE shall have the right to inspect, improve, repair and/or replace
the sewer line (hereinafter referred to as lIinstallationll), 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 48 hours before commencing any activities within the
Easement Area so that, if desirable, GRANTOR can have a representative present
to observe the activities.
2. That the installation shall be centered within the Easement Area
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 eerth 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.
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4. That GRANTOR expressly reserves unto itself, its successors and
assigns the continued right to utilize the said lO-foot wide Easement Area in
any way or manner not inconsistent with GRANTEE'S use the~eof.
S. 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 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 re-
sulting 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 in~ediate1y revert to the GRANTOR in absolute.
8. That GRANTEE, its successors and assigns shall not build, con-
struct, or create any buildings or structures, other than the said installation,
within the said lO-foot wide Easement Area.
9. That GRANTEE'S operation of any boom-type equipment within the
lO-foot wide Easement Area beneath or in proximity to any of GRANTOR'S electric
facilities shall, at all times, be in strict compliance with applicable provi-
sions 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 and assigns.
The GRANTOR covenants that it has the right to convey this Easement
Agreement and that the GRANTEE, its successors 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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FLORIDA PCMER CORPORATION
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Assistant vice~~At ,'.:'" f ?
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Attest: _ _~,'~,',:,.,'",:::,',../",',","',' , ',",...',',",.,'"',.,,
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Signed, sealed and delivered
in the presence of:
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STATE OF FLORIDA
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City Manager
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,,~ .. .. City Attorney
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COUNTY OF pn~ELLAS
I HEREBY CERTIFY that on this 15th day of September
A.D. 197/. before me personally appeared L. H. Scott
and ;6etty M. Clavt.on , respectively Assistant Vice Presiden-i:
and Assistant Secretary of FLORIDA PCMER 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 thei.r
free act and deed as such officers, for the uses and purposes 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.
~I11~ESS my signature and official seal in said County and State, the
day au? y~ar last aforesaid.
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Notary Public
Notary Public, State of Florida at large
My Commission Expires JULY 23. 1974
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STATE OF FLORIDA
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COUNTY OF PINELLAS
I HEREBY CERTIFY that on this 23rd day of August ' , ,
A.D.' 1971, bef?re me personally apPIfl84n. Mer:rett R. Stierheim. H. Everett HQugen,
and R._G. Whltehead & Herbert M., respect1Vely CitY. Manager. Ma~.r-=-C..Qm..m.issioner,
and Citv Clerk & City Attorney of the CITY OF CLEARWATER, a municipal
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
purposes 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.
WITNESS my signature and official seal in said County and State, the
day and year last aforesaid.
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