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FLORIDA POWER CORPORATION (2) c .! 2... 0... ...... fit -.. M "u'" !! ... "0 ....... z ~ "i .&OM: . ~ ~ .:-Jj "!'IIIu.~ . . . i i: ! ~ .: fL .'tIt ;.: .. I :'~ ,"II.I~ u -,,_ ~I: .a::.. ~ i . ~...o eeL '" ; Gl: ~~ ~~~- .i',,~a , May ,19~, ~"llIIIII . I . 13 th d f THIS EASEMENTtnade this ay 0 THE CITY OF CLEARWATER. FLORIDA corporation (GRANTOR), and FLORIDA POWER CORPORATION, a Florida between a municipal corporation (GRANTEE>' c.., ~ 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 ~ ~ H Z 8 I-':l := t:I:j l:l:l :;>;: H Z (j) en l:%:l ~ H (") t:I:j (") l:%:l Z I-':l t:I:j l:l:l Martin Luther King Service Center and to the public; said facilities being located on the following described premises of GRANTOR in Florida, to-wit: Pine11as County, From the Northwest corner of the Southwest 1/4 of the Northeast 1/4, of Section 10, Township 29 South, Range 15 East, run Southerly along the 1/2 section line of said Section 10, said 1/2 section line also being the West right-of-way line of Douglas Avenue, for a distance of 416 feet; thence run Easterly 60 feet to a point on the East right-of-way line of Douglas Avenue, said point also being the Point of Beginning. Thence continue Easterly 151.8 feet; thence run Southerly 122.8 feet; thence run Westerly 151.8 feet to a point on the East right-of-way line of Douglas Avenue; thence run Northerly along said right-of-way line 1&2.8 feet to the Point of Beginning. GRANTEE'S easement, as described above, is defined as lying 5.0 feet on each side of thecenterlinesof all of GRANTEE'S facilities as designed and installed through the abov~escribed prem- ises. 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. t:I:j I .l::'o o \0 N GRANTOR further grants the reasonable right for GRANTEE to enter GRANTOR'S premises adjoining said easement in exercising the rights granted. GRANTOR shall not utilize GRANTEE'S easemert 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 givin g written notification to GRANTEE, together with written plans of such proposed utilization of the easement an a. GRANTOR agrees to reimburse GRANTEE for any relocation of facilities necessitated by' GRANT- OR'S planned utilization of said easement, and GRANTOR covemnts 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. ..... o I N \0 J ..... V1 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 therights hereunder. GRANTOR covenants that it has the right to convey this easement, and that GRANTEE shall have quiet and peaceful possession and use of 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. IN WITNESS WHEREOF. the GRANTOR has caused these presents to be signed in its name by its City Manager and Mayor-Commis sioner , and its corporate seal ,to be affixed, attested by its Deputy City r.l er1.- , the day and year first above written. Signed, sealed and delivered intbcpresence of: THE CITY OF CLEARWATER, FLORIDA By Is I Picot B. Floyd City Manager. Countersig\3~d: /s / H. Everett Hougen Mavor-Commissioner (T itle) / s I Kathryn C. Green Is/ Jennie A. Keegan Approved as to form & correctness: Attest: Is I Mary Sue Lamkin Deputy City Clerk /4- () / ~ ,.. OD (I i') ('r itlo) 913 582 (5) Is I Herbert M. Brown' City Attorney "I /l~:' ~ . -).-'<1" ~)' :. . ,t c: z c m ;II " ;II o c z c o in -t ~ CP C -t (5 Z ... z m m . (It m :It m z -t STATE OF FLORIDA COUNTY OF PINELLAS ) ) ss. ) I HEREBY CERTIFY that on this 13th day of May A. D. 1971.., before me personally appeared Picot B. Floyd, H. Everett Hougen, Mary SueLamkin, and Herbert M. Brown , respectively City Manager, Mayor-Commissioner,/City Clerk and City Attorney of ~ .~'..' n ~p UL Y THE CITY OF CLEARWATER, FLORIDA municipal , f!/. corporation of the State of Fln.,.;~~ , to me known to be the persons described in and who executed the foregoing instrument to the FLORIDA POWER CORPORATION and . severally acknowledged the execution 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 corpora- tion, and the said instrument is the act anddeed of said corporation. WITNESS my signature and official seal illsaid COQJltyand State, the day and year last aforesaid. ''" (NOTARIAL SEAL> I s I Betty A. Russ ell Notary Public ...;~:-, My Commission Expires: Notarv Pc:blic. S":~~ cf n.",','" 1t I . '''6 My Commission Expires Aug, 1, 1974' B~nded bY,lrans8h1crica Insuran.;e Co. ,I--- l -"IllIIIIII