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FLORIDA POWER CORPORATION ... 16th , 19~, day of July, I THLc; EASEMENT. maj this CITY OF CL~ARWATER, FLORIDA cOrpOration (GRANTOR), and FLORIDA PO\VER CORPORATION, a Florida between a municipal corporation (GRANTEE). 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 ease- ment 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 necessary and desirable in rendering underground electric service. and, when applicable, telegraph and telephone communication service to .. The Eddie C. Hoore Recreation Complex and to the public; said facilities being located in Pinellas County, Florida, on the premises described in the attached Exhibit "A". 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 furlhergr~nts the reasonable right for GRANTEE to enter GRANTOR'S premlses adjoining said easement in exercisin'g 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 con- struction, 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 GRANT- OR'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 "interference" shall mean an obstruction or impedance of the normal condition or function of the facili- ties of GRANTEE. The easement herein granted is not exclusive and GRANTOR reserves the right to grant rights to others affecting the said easement, provided that (1) notice is first given to GRANTEE, and (2) in the reason- able 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, and that GRANTEE' shall have quiet and peaceful possessio,n and use of this easement. AJI covenants, terms and conditions shall inure to the benefit of, and be binding'upon, the parties and their respective successors. lessees, and assigns. . IN WITNESS WHEREOr-:, th~ GRANTOR has caused these presents to be signed in its name by its c~ ty Manager and Mayor-Comm~ss ~oner , and its corporate seal to be affi ed ..~ ted b 'ts C. Cl k IX ,al.l.CS y 1 ~ ty er th d d f' t b . , e ay an year iTS a ove wntten. By Cotnltersigned: - ~~(f:~ y/ Jk 7;/d/ \ \..~~l1ayor-CoIIIrnissioner Attest: ~~ /J' ~ L 11"",- City Clerk (Title) 913 582 IS) Approved as to form and correctness: / C! G; :>1 It QJV./I' LCj '. l 1 (/r:-if I' ..rj~~ ;~-City Attorney , ','.1 r,> 1,/1 ,,1'.v 7/;;7/1 ! Signed, sealed and delivered in the presence of: ~M.~~ Ar~ ....~~ t::rl t::rl b:i t::rl 0. c.. }-'- (D o '?' ..... o o 'i (D :;d ro n 'i (D c.; r 1-" o ::l ~ f-' o o S '0 f-' (D ~ t::rl I +'- 0\ 0\ W Ul (D n M- }-'- o ::l -0 t-3 o ~ en :r' }-'- '0 N -0 :;d OJ ::l OQ (D f-' 0\ I Jq.otJ~!. () /.. 5 " I I STATE OF FLORI~A ~ COUNTY OF PINELtAS I HEREIW CERTIFY that on the 16thday qf July , A. D., 1981 before me personally appeared Anthony L. Shoeraaker, Frank Kowalski, Lucille Williams and Paul A. Hatchett Chief Asst. ~ice , respectively City Manager, City Attorney, City Clerk and Hayor- Commissioner of the City of Clearwater, Florida, a municipal corporation, to me , known 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 saiq _.corporation. WITNESS my signature and official seal at Clearwater in the County and State last aforesaid, the day and year last above written. - :.'" '" 1~f~~ N6tary Public V My Commission Expires: ~i0kr PI.;I;!ic $t~:" 0; f;:':cl~ ~........,.:_.....~: r;_:.__ :.:.:,..., d'w.J c:;;nC;cd TI-.ru Troy hin. ':UUliWCC, Inc. - 2 - ,. I "EXHIBIT A" , A 10 foot Florida Power easement lying 5 foot each side of the following described line: From the Southeast corner of SW~ of SW~ of Section 9 Township 29 South, Range 16 East; run North along the East Line of said SW~ of the SW~ N 00011'02" West 500 feet; thence run N 89022'40" West 50.01 feet to a point on the West Right-of-Way line of McMullen-Booth Road and the point of beginning; thence continue N 89022'40" West 350 feet to a point of ending.