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FLORIDA POWER CORPORATION (2) o ~( / ? "" ..., . 66.21266 . O,R. 2343 Pf~615 THIS EASEMENT, Made this 20th day of Januarv A. D. 1966, 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, water transmission mains and appurtenances under, through and across the following-described lands (herein called Easement Areas) in Pinellas County, Florida, to wit: we CoD 04::5 u:J C~ .. -<.;I ::E: ~. OClW 0- w.....a: U"I ou.o ~ .0 a:: C> ;;l:: C"l O~~ - (.)&f)..J 4:;:> W;l" en "WO :z:..J i _Cl ~a: ~ Begin at the Southwest Corner of NE~ of SE~, Section 18, Township 29 South, Range 16 East, and run South 890 27' 25" East, along the South boundary of said NE~ of SE~ 15.00 feet; run thence North 10 01' 28" East 977.63 feet; thence South 890 37' 25" East 11.20 feet; thence North 10 01' 28" East 242 feet, more or less, to the South line of the City of Clearwater Well Site No. 47 as described in O. R. Book 2151, Page 683, Public Records of Pinellas County, Florida; thence North 890 41' 18" West, along said South lin~ 15.00 feet to the Southwest Corner of said Well Site; thence South 10 01' 28" West 212.00 feet; thence North 890 41' 18" West 11.20 feet to the West line of said NE~ of SE~; thence South 10 01' 28" West, along said West line,1007.63 feet to the Point of Beginning; ALSO, Begin at a point in the South right- of-way of State Road No. 60 (Gulf-to-Bay Boulevard), said point being the Northeast Corner of the City of Clearwater Well Site No. 47 and being located 50 feet South and 29 feet East of the Northwest Corner of NE~ of SE~, Section 18, Township 29 South, Range 16 East; run thence East, along said South right-of-way lin~22l.00 feet; thence ~ .~ . - n.R 2343 PAGt616. South 10.00 feet; thence West parallel to said South right-of-way line 221.00 feet to the East line of said Well Site; thence North, along said East lin~ 10.00 feet to the Point of Beginning; ALSO, From the Southwest Corner of SE~ of NE~, Section 18, Township 29 South, Range 16 East, run South 890 42' 43" East, along the center line of State Road No. 60 (Gulf-to-Bay Boulevard~ 254.86 feet; thence North 000 55' 59" East 50 feet to the intersection of the GRANTOR'S East right- of-way line with the North right-of-way line of said Road and the Point of Beginning; thence North 000 55' 59" East, along said East right-of-way line, 587.72 feet; thence North 000 41' 18" East, along said East right-of-way line, 713.34 feet; thence North 890 40' 58" West 15.00 feet; thence South 000 41' 18" West 713.34 feet; thence South 000 55' 59" West 587.72 feet to the North right-of-way line of said Road; thence South 890 42' 43" East, along said North right-of-way lin~ 15.00 feet to the Point of Beginning. GRANTEE shall have the right to patrol, inspect, repair, replace, change the size of or remove said underground water trans- mission mains 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 shall not build, construct, create, nor permit others to build, construct or create any building or structures within the above-described Easement Areas. 2. GRANTEE, by acceptance of these easements 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 Areas, resulting by reason of the con- struction, presence and/or maintenance of GRANTEE'S facilities within said Easement Areas 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 - 2 - ~ - e OR 2343 PAG.ro1 ?". -' .. provided for in these easements. 3. GRANTOR shall not be liable for damage to GRANTEE'S underground water transmission mains or related facilities howsoever resulting from the use or occupancy of the lands by GRANTOR. 4. The rights and privileges herein granted are subordinate to the rights of Eugene L. Pearce, Jr., as set out in Letter Agreement dated April 11, 1962, wherein GRANTOR granted Mr. Pearce the right to utilize, for citrus grove purposes only, any portion of the above-described Ease- ment Areas lying South of State Road No. 60 (Gulf-to-Bay Boulevard) which was then planted in grove, said right to extend for a period of ten (10) years, beginning April 13, 1962, and renewable for annual periods thereafter. 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 affixed, attested by its Secretary, this 20th day of January , A. D. 1966. Signed, sealed and delivered in the presence of: ~' C/~ -r: ~ FLORIDA POWER CORPORATION By --A-, ~ ' ~ ~ President Attest: )~- C ~~ <r (~q ~ (.........~.J~ I Y ocr_tar "'. <~' - 3 - " . .::It: e e O.R. 2343 PA~Ef}18~' , - ... 0 " -1 STATE OF FLORIDA ) ) SSe COUNTY OF PINELLAS ) I HEREBY. CERTIFY that on this 20th d/::!.y of January A. D. 1966,before me personally appeared A. P. Perez and G. F. Foley , respectively Vice President and Secretary of FLORIDA POWER CORPORATION, a corpOrlittioIl of the State of Florida, to me known to be the persons described in and who executed the foregoing instrument and severs-lly 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. . ~,;""".!~1!~~Mds?~IAL SEAL) '..:;~... "_,~~":~,,.< ..:.~.. >,;~.r.r:.~ . . '" '. . ~ &. /d/O-L ..... L~ . ~Pub'liC' ~; ~ --I (. '. I c'. i' :: , ..f ,."j:' . "/~ .. J . :'l .: i~"Commission Expires: Notary Public Slcleof Florida ot lorge. My Commission E;;plres May I, 1968 - 4 -