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FLORIDA POWER CORPORATION c e ./ 4 \ -'\' ~ ~J:' - ~~ -::) :""~ ~~~~~ - '0 a::: a ~.. o<:..'lW U <I) ::J wc1:::> c::: ~ :E WC :z:-1 _.0 0.. a:: <: :I: e . 2713t38 OR, 2102 p,~Gc617 j THIS EASEMENT, Made this ~rd Februarv day of A. D. 1965, between FLORIDA POWER CORPORATION, a corporation of the State of Florida, Party of the First Part, GRANTOR herein, and CITY OF CLEARWATER, a municipal corporation organized and existing under the laws of the State of Florida, Party of the Second Part, GRANTEE herein. NOW, THEREFORE, WITNESSETH, That, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE and to its successors and assigns, the right, privilege and easement to construct, reconstruct, operate and maintain for such period of time as it may use the same or until the use thereof is abandoned, an underground sanitary sewer gravity pipeline and an under- ground sanitary sewer force main, together with appurtenances thereto, under, through and across the fOllowing-described land in the County of Pinellas and State of Florida, to wit: ",;: Ln '-0 .- A 20-foot wide Easement Area, being described 1 as the South 20 feet of North 70 feet of NE4 of NEt, Section 18, Township 29 South, Range 16 East, less the East 1093.44 feet thereof and less right-of-way of County Road No. 32 (Coachman Road). <r ~.::~ -~ :,.:;,,--~ .t:... 00 "-, co l.U ~ .l... Said 20-foot wide Easement Area extends across the fee-owned right-of-way of GRANTORIS Ulmerton-Curlew and Higgins-Disston electric transmission lines, approximately at right angles thereto, and lies immediately South of, parallel to and contiguous with the South right-of-way boundary of State Road No. 590 (Drew Street). GRANTEE shall have the right to patrol, inspect, repair, replace, change the size of or remove said gravity pipeline, force main and appurtenances, together with all rights and privileges reasonably necessary or convenient for the enjoyment or use thereof for the purposes herein described, subject, however, to the following terms and conditions: 1. GRANTEE agrees that said underground gravity e - .' OR, 2102 PAGE638 pipeline, force main and appurtenances shall be constructed at a sufficient depth below the surface so as to provide a minimum of 10 feet of earth cover. 2. GRANTEE shall not build, construct, create, nor permit others to build, construct or create any building or structures within the above-described Easement Area. 3. GRANTEE, by acceptance of this easement and so long as it shall exercise any of the rights herein granted, shall hold harmless and indemnify GRANTOR for any and all loss or damage to property of GRANTOR and for injuries to or death of persons lawfully upon and within said Easement Area, resulting by reason of the construction, presence and/or maintenance of GRANTEE'S gravity pipeline, force main and appurtenances within said Easement Area and which loss or damage arises or is occasioned from the default or negligence of GRANTEE in the exercise of the duties or rights and privileges provided for in this easement. 4. GRANTOR shall not be liable for damage to GRANTEE'S gravity pipeline, force main and appurtences howsoever resulting fram the use or occupancy of the lands by GRANTOR. 5. The rights and privileges herein granted are subordinate to the rights of Edna M. Brown, et al., as reserved in Warranty Deed to Florida Power C~rporation, dated June 2, 1962, recorded in O. R. Book 1450, Page 150, Public Records of Pinellas County, Florida, wherein Edna M. Brown, et al., reserved the right, under certain conditions, to build, maintain and travel over roads and streets across the parcels of land conveyed by said Warranty Deed. All covenants, terms, and conditions contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be signed in its name by its Vice President and its corporate seal to - 2 - e . of, " OR, 2102 PAGf639 be affixed, attested by its Secretary, the day and year first above mentioned. Signed, sealed and delivered in the presence of: FLORIDA POWER CORPORATION By ~~f!:~ Attest: ;~ /) ~.. t::; -} " / ;:) 7 · " ' if,>, .1. , ' ~<) <:f<:\= -~ Secre STATE OF FLORIDA ~ SSe ) COUNTY OF PINELLAS I HEREBY CERTIFY that on this '1rd day of February A. D. 1965, before me personally appeared Richard E. Raymond and G. F. Foley respectively Vice President and Secretary of FLORIDA POWER CORPORATION, a corporation of the State of Florida, to me known to be the persons described in and who executed the foregoing instrument 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, ;:::.,. day and year last aforesaid. :.. l,'~ 1/, - ~ ~.' ~:< >~-, (N~Ati~ SEAL) .:"' .: -. ~ --::. -- ~..,,, . ,~ <~,/r ~ 4 " /? - 1,7 Q" "; ,'I , / / / ", 'C'L~~~;h<<Pub~~ ,f , L,~-,1 L ' fi, .,.... ; ""-:...J :~. '..,J >- . .' ~ ,J - 'MY ,Commission Expires: ; ; " : ~ Notary Public S!'ofe of Fiorida ot Lmg(; My Commissbn Expires May 1, 196a - 3 -