CLEARWATER COUNTRY CLUB INCOPORATED
'_~
I
//-/.3 -t(
0., If" ;!-~4t ~s# ij-v (L
b JjtJif
..
,c
': r,'
i .,..
( ,
t.7' ~ (' () "1 .;~. r? !
~A2.~M~J11
THIS INDENTURE, Made this ~Jfth day of OctcJ 6c-r
A. D. 1968 behreen CITY OF CLEAR1dATER, FLORIDA, and CLEARHATER COUNTRY CLUB,
INC., corporations organized and existing und'er the Imrs of the State of
Florida, Parties of the First Part, GRANTORS herein, and FLORIDA POHER CORPORA-
TION, a corporation organized and existing under the laws of the State of
Florida, with its principal place of business at 101 Fifth Street South, in
the City of St. Petersburg, County of Pinellas and State of Florida, Party of
the Second Part, GRANTEE herein.
HI'l'NESSETH
A. WHEREAS, the GRANTOR, CITY OF CLEARWATER, FLORIDA, is the
owner in fee of a tract of land in the County of Pinellas and State of Florida,
described on GRANTEE'S Drawing No. U-472-S, (hereinafter referred to as 'tdraw-
ing") dated August 12, 1968, attached hereto, incorporated herein and by this
reference made a part hereof; and
B. ~~EAS, GRANTEE is engaged in the business of manufacturing,
transmitting and distributing electric energy to the public; and
C. WHEREAS, GRANTOR, CLEAR1dATER COUNTRY CLUB, INC., is con-
structing building(s) to be known as CLEARHATER COUNTRY CLUB PUMP HOUSE, said
building(s) being constructed in part or wholly on that portion of land
described on said drawing (said bUilding(s) and land hereinafter referred to
as "PREMISES"). In connection therewith GRANTOR has requested GRANTEE to
provide, at its expense, such facilities as are necessary to extend electric
service to said ~1ISES; and
D. WHEREAS, GRANTEE will construct, install, operate and main-
tain all facilities (hereinafter referred to as "FACILITIES") necessary to
provide electric service to the ~1ISES and to the general public. The
type, ownership, and location of said FACILITIES are shown on attached
dra '\Ying; and
E. WHEREAS, GRANTEE is desirous of obtaining an easement
covering the location, construction, and maintenance of said FACILITIES, all
in accordance with existing local codes and the National Electrical Safety
Code.
NOW, THEREFORE, for and in consideration of the mutual benefits
hereunder and all mutual covenants and conditions contained herein, GRANTORS
do hereby grant and convey to GRANTEE, for such period of time as it may
require the use of the PR&~ISES or until the use thereof is abandoned by
GRA11TEE, the right, privilege and easement to (1) locate its FACILITIES on,
over, across, through and under said PREMISES within the easement area shown
on said drawing; (2) construct, operate, maintain, re1?8.:ir and remove its
FACILITIES and (3) attain ingress and egress to and upon the PREMISES for
the purpose of exercising rights and privileges herein granted.
The Parties hereto agree as follows:
1. G~~ shall have the right to operate, inspect, alter,
improve, repair, remove and rebuild its FACILITIES together vTi th the rights
and privileges necessary and convenient for the full use and enjoyment thereof.
,2. GRANTORS shall not utilj_ze the areas in which the FACILITIES
are located in any way or manner which would create a dangerous cond)"'tions
with respect to said FACILITIES or create any interference vTith the con-
struction, reconstruction, removal, repair or safe operation and safe
JJ./?OJ;"-DD (14)
, "
I
I
maintenance thereof without written notification to GRANTEE and submission
of written plans of such utilization of the easement'area and GRANTORS
agree to reimburse GRANTEE for any relocation of the FACILITIES necessitated
by GRANTORS' planned utilization of said easement area, and GRANTORS covenant
to indemnify and hold GRANTEE harmless from any and all damages and injuries,
whether to persons or property, resulting from interference, from any means
whatsoever, with the FACILITIES.
3. Should GRANTEE remove or abandon the use of its FACILITIES,
or fail for any reasonable period of time to exercise the rights herein
granted, then in that event all rights and privileges hereunder shall
cease and the easement, privileges and rights herein granted shall revert
to the GRANTORS. '
4. GRANTORS covenant that they have the right to convey this
easement and that GRANTEE shall have quiet and peaceful possession, use
and enjoyment of said easement.
All covenants, terms, provlslons and conditions hereof shall
inure to the benefit of and be binding upon the Parties hereto and their
respective heirs, administrators, successors or assigns.
IN WITNESS WHEREOF, the said GRANTOR, CITY OF CIEARIfATER, FLORIDA,
has caused these presents to be executed in its name by its City Manager,
countersigned by its Mayor-Commissioner, and attested by its City Clerk and
approved as to form and correctness by its City Attorney, and its corporate
seal to be hereunto attached, and the said GRANTOR, CLEARWATER COUNTRY CLUB,
INC., has caused these presents to be signed in its name by its
Presi',dent and its official seal to be affixed,
attested by its Secretary the day and year
first above mentioned.
Signed, sealed and delivered
in the presence. of:
,;Zc-t'-~ ~ /b-,/' #~
7(~ c, ~
Approved as to form and correctness:
~/~7?~~
, City Attorney
Signed, sealed and delivered
. the presence of:
"
~91~
-------
Attest:
-~~rk
(mINERS OF lAND)
-,
At~~
r $eCJ.'..~tary
(LF,9SEJLPF LA!'mJ
-2-
COUNTY OF PINELL.I\S
)
) SSe
)
s'rATE OF FLORIDA
I HEREBY CERTIFY, that on this
23rd
day of
October
A. D. 1968, before me personally appeared Merrett R. Stierheim, H. Everett
Hougen, R. G. Whitehead and Herbert M. Brown
respectively City Manager, Mayor-Commissioner, City Clerk, and City Attorney
of the CITY OF CLEARWATER, FLORIDA, a municipal corporation existing under
the laws of the State of Florida, to me known to be the individuals and
officers described in and who executed the foregoing conveyance to FLORIDA
PO~ffiR CORPORATION and severally acknowledged the execution thereof to be their
free act and deed as such officers thereunto duly authorizedj 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)
'- : -.;::: ../ - -' ::..: --: .~
',-
./ --...
tP-flr- a, ~
Notary Public
My Commission Expires:
%ota(' Public, State of Florida at Large'
rJ3. y omm/55lCrl Expires Aug 1 197tf
.onded by Tram;america lns..ra~Cf~ ~
-3-
~.
.... .... ~
, '
I
I
"
STATE OF Florida
COUNTY OF Pinellas
)
) ss.
)
I HEREBY CERTIFY that on this 24th day of
October
A. D. 196~, before me personally appeared
R.H Owen
G.T. Robinson
respectively
and
Pres ident and Secretary of
...Q1.EARWATER CQUNTR"X"SLUB, Il'iC. 8 corporat ion of the
Stnte of FLORIDA , to me known to be the persons described
in and who executed the foregoing instrument to the FLORIDA P~dER CORPOILATION
and severally acknowledged the execution thereof to be their free act and
deed ae 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.
(NOTARIJI.LSEAL)
~q-l'_Lcl/ (2- ~~
Notary Public
My Commission Expires:
Notary Public, State of Florida' at LaJ:ge,
My Commission Expires February 19, 1970.
-4-
SEE PLANS IN FILE