FLORIDA POWER CORPORATION (9)
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E A S E MEN T
THIS EASEMENT, made tbis I- ~;'-- day of r3< ~~-i, Lo-c'""J..--
CITY OF CLEARWATER, FLORIDA, a municipal corporation ,(GRANTOR),
POWER CORPORATION, a Florida corporation (GRANTEE).
, 1988, between
and FLORIDA
WITNESSETH, That for and in consideration of the mutual benefits,
covenants, and conditions contained herein, GRANTOR grants and conveys to
GRANTEE, its successors, lessees, and assigns, an easement to install, operate
and maintain, for as long as GRANTEE requires the use of GRANTOR's premises,
or until the use thereof is abandoned by GRANTEE,*such facilities as are
nece&sary and desirable in rendering overhead and underground electric service,
and, when applicable, telegraph and telephone communication service to
the Joe DiMa99io Baseball Complex
and to the public; said facilities being located in pinellas County, Florida, on
the following described property:
A ten (10) foot wide Easement Area defined as comprising that ten foot wide strip
of land lying five feet on each side of the centerline of Grantee's facilities as
designed and installed on the following described property:
See description attached hereto, incorporated herein, and made
a part of this easement.
GRANTEE shall have the right to repair or alter said facilities,
including the right to alter the voltage thereof, together with all rights and
privileges reasonably necessary or convenient for the enjoyment or use thereof
for the purposes above described. GRANTEE shall have the right to clear the
easement of any and all physical objects which, in the opinion of GRANTEE,
endanger proper operation.
GRANTOR further grants the reasonable right for GRANTEE to enter
GRANTOR's premises adjoining said ease~ent in exercising the rights granted.
GRANTOR shall not utilize GRANTEE's easement in any way or manner
which would create a dangerous condition with respect to said facilities, or
create any interference with the safe and efficient construction, operation and
maintenance thereof without first giving written notification to GRANTEE,
together with written plans of such proposed utilization of the easement area.
GRANTOR agrees to reimburse GRANTEE for any relocation of facilities
necessitated by GRANTOR's planned utilization of said easement, and GRANTOR
covenants to indemnify and hold GRANTEE harmless from any and all damages and
injuries, whether to persons or property, resulting from interference with the
facilities by GRANTOR, its agents or employees. As used above, the term
"inte'rference" shall mean an obstruction or impedance of the normal condition
or. function of the facilities of GRANTEE.
The easement herein granted is not exclusive and GRANTOR reserves the
right to grant rights to others affectinq the said easement, provided that
(1) notice is first given to GRANTEE, and (2) in the reasonable judgment of
GRANTEE such rights do not create a dangerous or unsafe condition, or unreasonably
conflict with the rights hereunder.
GRANTOR covenants that it has the right to convey this easement **
All covenants, terms and conditions shall inure, to the benefit of,
and be binding upon, the parties and their respective successors, lessees, or
assigns.
* whichever event first occurs, but in no event longer than the remainder of
Grantor's leasehold term in the following described real property, and any
extension thereof,
** as to its leasehold term only, it being understood by both Grantor and Grantee
that Grantor's interest in said real property is a leasehold interest only.
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IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
signed in its name by its City Manager, countersigned by its Mayor-
Commissioner, approved as to form and correctness by its City Attorney,
and its corporate seal to be affixed, attested by its City Clerk, the day
and year first above written.
CITY
OF CLEAR, WATER, FLORID, A ;
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City Manager
By
Attest:
Approved as to form and
correctness:
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Ci ty Cl el.-k
City Attorn
Signed, sealed and
the presence of:
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STATE OF FLORIDA
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COUNTY OF PINELLAS
I HEREBY CERTIFY that on the 26th day of August , 1988,
before me, the undersigned authority, personally appeared Ron H. Rabun, ~
M. A. Galbraith, C~thia E. Goudeau & Rita Garvey respective City Manager, City
Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, Florida,
a municipal corporation, to me know to be the individuals and officers described
in and who executed the foregoing Easement and severally acknowledged the
execution thereof to be their free act and deed as such officers thereunto duly
authorized, and that the official seal of said municipal corporation is duly
affixed thereto, and the said conveyance is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County
and State last aforesaid, the day and year last above written.
My Commission Expires:
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LEGAL DESCRIPTION
A parcel of land lying in the Southwest one-quarter of the
Southeast one-quarter of section 7, Township 29 South,
Range 16 East, pinellas County, Florida, explicitly described
as follows:
Commence at the Northwest Corner of said Southwest one-
quarter of the Southeast one-quarter of section 7; thence
south 00044'08" West, on the West boundary thereof a distance
of 33.02 feet, to a point on the South right-of-way boundary
of Sharkey Road, and the POINT OF BEGINNING; thence South
89052'22" East, on a line 33.00 feet South of and parallel to
the North boundary of the Southwest one-quarter of the
Southeast one-quarter of section 7, said line also being the
South right-of-way boundary of Sharkey Road, a distance of
1305.25 feet; thence South 00046'08" West, on a line 33.00
feet West of and parallel to the East boundary of the
Southwest one-quarter of the Southeast one-quarter of Section
7, said line also being the West right-of-way boundary of Old
Coachman Road, a distance of 512.00 feet; thence No'rth
89052'22" West, a distance of 1000.00 feet; thence North
00046'08" East, a distance of 200.00 feet; thence North
89052'22" West, a distance of 305.07 feet to a point on the
West boundary of the Southwest one-quarter of the Southeast
one-quarter of section 7; thence North 00044' 08" East" on
said West boundary a distance of 312.00 feet, to the POINT OF
BEGINNING.
containing 13.94 acres of land, more or less.