FLORIDA POWER CORPORATION (3)
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'l5POW ALL MEN BY THESE PRESENTS, Tha t on this / / ~
day of ~~~~h, A. D. 1970, the CITY OF CLEARWATER, a
Municipal CdTporation of the State of Florida, as OWNER, and BETTER
CLEARWATER CORP., INC., a CorporatiQn of the State of Florida, as
LESSEE, GRANTORS herein, for and in consideration of the sum of
One Dollar and other valuable consideratibns, the receipt of which
is hereby acknowledged, grants and conveys to FLORIDA POWER
CORPORATION, GRANTEE herein, its successors and assigns, the right,
privilege and easement to construct, reconstruct, operate and main-
tain for such period of time as it may use the same or until the
use thereGf is abandoned, a distribution system cUflsisting of single
pole lines for the transmission 'and distribution of electricity, .
including necessary communication and other wires, poles, guys,
anchors, ground connections, attachments, fixtures, equipment and
accessories desirable in 'connection therewith over, upon and across
easement areas located within the following-described tracts of land
in PINELLAS County, Florida, to wit:
That Portion of Lots 1 through 4, Block D, 1st Addition
to Norwood, according to map or plat thereof as recorded
in Plat Book 5, Page 79 of the Public Records of Pinellas
County, Florida, and Lots 4 through 7, Block,H, Avondale
Subdivision, according to map or plat thereof as recorded
in Plat Book 7, Page 40 of the Public Records of Pinellas
County, Florida, lying North and West of Fulton Street,
and bounded on the West by Seaboard Coastline Railroad.
It is understbod and agreed that the rights herein conveyed
including the right, privilege and easement to construct, reconstruct,
operate and maintain said single pole lines and/or facilities in
addition to those presently planned for initial construction over a
portion of the above-described property as such are required in the
future orderly development of said property. Said lines and/or
facilities to be constructed at locations mutually agreed upon by
the parties hereto. The easement areas for three phase and single
phase lines herein granted shall extend 7.0 feet and 3.0 feet on each
side of the respective center lim~s. Easement areas for the installa-
tion of down guys and anchors on all said lines shall have a length
and width as required and determined by GRANTEE. It is further
agreed that the center line of all said three phase and single phase
lines shall be a minimum of 7.0 feet and 3.0 feet, respectively, and
all guying facilities shall be a minimum of 1.5 feet from any proposed
and/or eXisting buildings or structures.
GRANTEE shall have the right to patrol, inspect, alter, improve,
repair, rebuild or remove such lines, equipment and accessories, including
the right to increase or decrease the number of 'vires and vol tage, together
~i,f:11<11t r:ights and privileges reasonablyneG.ess~ry..orcQnveni.e.nLforthe_
enjoyment or use thereof for the purposes above described, including the
right to trim, cut and keep clear such trees, limbs and undergrowth within
said easement areas and all trees adjacent thereto that may endanger the
proper operation of the said lines and/or facilities, and including the
reasonable right to enter upon adjoining lands of the GRANTORS for the
purpose of exercising the rights herein granted.
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Right-of-way clearing is hereby restricted to the easement
areas and to the removal of danger timber adjacent thereto.
GRANTORS hereby agree that no buildings, structures or obstacles,
other than fences, will be constructed or located within said easement
areas, and no vehicles will be parked or located within said easement
areas. However, GRANTORS reserve the right to use said easement areas
for any other purpose which will not unreasonably interfere with the
safe and proper construction, installation, operation, maintenance,
alteration, repair or removal of facilities' of GRANTEE.
The GRA~ORS covenant that they have the right to convey the
said easement and that the GRANTEE, its successors and assigns, shall
have quiet and peaceful possession, use and enjoyment of said easement.
. All covenants, terms, provisions and conditions hereof shall
inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the GRANTORS have caused these presents to be
signed in their respective corporate names by their proper officers
thereunto duly authorized, and their respective official seals to be
hereunto affixed and attested, all as of the day and the year fi~st
above mentioned.
Signed, sealed and delivered
in the presence of:
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CITY OF CLEARWATER, FLORIDA
,
ROVED AS TO FORM AND CORRECTNESS:
7~46;eY
(OWNERS OF
INC.
BY
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lret:u:y
(LESSEE OF LAND)
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STATE OF FLORIDA
)
) SSe
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COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this 11 'th
day of Sept:emhp'r'
A. D. 1970, before me personally appearedG. B. Weimer. H. Everett
Hougen, R. G. Whitehead and Herbert M. Brown
respec tive:l\rC'EtP1 Manager, Mayor-COImniss ioner, City Clerk, and City Attorney
of the CITY OF C!LEARWATER, FLORIDA, a municipal corporation existing under
the laws of the State of Florida, to me known to be the individuals and
offic~rs described in and who executed the foregoing conveyance to FLORIDA
POWER CORPORATION 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
of PINELLAS, State of FLORIDA, the day and year last above written.
(NOTARIAL SEAL)
;<~../~7:d~
Notary Public
My' COIIl\llbsion EJU'ires.
Notary I'Ublic, State cif t"lorlda at large
~V CQmmission Expires Oct. 22, 1970
. A.a..dad au Aaaftf!a. Fire & raltualty Co.
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STATE OF
F LORI,DA
PINE LLAS
)
) ss.
)
COUNTY OF
/ 1;t4 day of ,~~~ .
A. D. 19 70. before me personally appeared Scott M. Ferguson
I HEREBY CERTIFY that on this
and
Beatrice F. Lewis
. respectively
President and
Secretary of
BETI'ER CLEARWATER CORPORATION, INC.
, a corporation of the
State of
FLORIDA
) 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 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.
(NOTARIAL SEAL)
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Notary Public :/ -
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My Commission Expires:
Notary Public, State of Florida at LarQ@
My Commission Expires Aug, 1, 197~
!::lonut::d uy 1, ""~"I,,iOnlOi.I IR~\ml'lC~ It
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