FLORIDA POWER CORPORATION (4)
(jIJ
~ /u,'J,
~V)\,~, '
(is
4,1>
I
I
12/29/70 lc
O,R, 3463 p^GE35j
,', .
,t>'" ~
'-;"..~ -
52-NC & HD
r
-..a
C-
:. t~~"
2~ J ~
N g ~~
& -ll...a
~ 8 i
::z:: J
THIS EASEMENT, Made this 30th day of Dsrem r
A.D. 1970 , between FLORIDA POWER CORPORATION, a corporatioa-of the State of
Florida~arty of the First Part, GRANTOR herein, and CITY OF CLEARWATER, a muni-
cipal corporation organized and existing under the laws of the State of Florida,
Party of the Second Part, GRANTEE herein.
o
o
EASEMENT
00
W
CO
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, recon-
struct, operate and maintain for such period of time as it may use the same or
until the use thereof is abandoned, water wells equipped with subsurface pumps,
together with water transmission mains and appurtenances (hereinafter referred
to as "facilities"), under, through and across the following-described Easement
Areas in the County of Pinellas and State of Florida, to wit:
WELL SITE NO. 1
From the Southwest corner of ~ of NE% of Section 18, Township
29 South, Range 16 East, nm N 89059'47" E, along the South
boundary of said E~ of NE% (being also the center line of State
Road No. 60), 254.86 feet; thence N 0037'08m E, along the East
boundary of GRANTOR'S fee-owned electric transmission line right-
of-way (and a Southerly extension thereof), 328.44 feet to the
Point of Beginning; thence continue N 0037'08" E, along said
East right-of-way boundary, 20.0 feet; thence N 89022'52" W 20.0
feet; thence S 0037'08" W 20.0 feet; thence S 89022'52" E 20.0
feet to the Point of Beginning.
WELL SITE NO. 2
t
~ ... oj
Q. Q) ii:
~.~ ~
~2:.5
ii: le
~S: *
"f . ~
:a a::: en
c.
a~i
~ .2 V;
E ; .c
" ~ ~
u 0 Ul
~ ~.:.
~ <.> ~
""
From the Southwest corner of ~ of NE% of Section 18, Township
29 South, Range 16 East, run N 89059'47" E, along the South
boundary of said E~ of NE~ (being also the center line of State
Road No. 60), 254.86 feet; thence N 0037'08" E, along the East
boundary of GRANTOR'S fee-owned electric transmission line right-
of-way (and a Southerly extension thereof), 638.44 feet; run
thence N 0023'18" E, along said East right-of-way boundary,
407.0 feet to the Point of Beginning; thence continue
N 0023'18" E, along said East right-af-way boundary, 20.0 feet;
thence N 89036'42" W 20.0 feet; thence S 0023'18" W 20.0 feet;
thence S 89036'42" E 20.0 feet to the Point of Beginning.
EASEMENT AND WELL SITE NO. 3
From the Southwest corner of E~ of NE~ of Section 18, Township
29 South, Range 16 East, run N 89059'47" E, along the South
boundary of said E~ of NE% (being also the center line of State
Road No. 60), 254.86 feet; thence N 0037'08" E, along the East
boundary of GRANTOR'S fee-owned electric transmission line
right-~f-way (and a Southerly extension thereof), 638.44 feet;
run thence N 0023'18" E, along said East right-of-way boundary,
712.62 feet to the Point of Beginning; thence continue
N 0023'18" E, along said East right-of-way line, 131.51 feet;
thence N 89036'42" W 20.0 feet; thence S 0023'18" W 20.0 feet;
thence S 89036' 42" E 5.0 feet; thence S 0023' 18" W 111. 51
feet; thence S 89036'42" E 15.0 feet to the Point of Beginning.
NOTE: The bearings and the distances used in the above
=
FLORIDAl
EO STAMP TAX!
~ 1
~ 0 O. 3 01
.1
CY) ~~ DOCUMENTARY ~ r-
-
-
t/) (0 ~~j~ FLO R I SUR TAX - III C"'>
<>- ~ 4>-
-..1 t-~ '''-l A -'I- 0')
--,- I -'z
~6 .HoB I~ w::>
...~~"'" 0 O. 5 51 20
i{O JAN - 7'71 -- ;l:u
-
r--- P.B, - ....,
-
= 10825 b
STATE OF
DOCUMENTARY
_ COMPTROLLER
== P.B. =JAN-7'71
10521
'.~~^~~/'/"/"-'-'~~"'-"'''' ~'^-~
-'."/' ^ , ~ ,~J,'
. ,~,~,._"'...fr.' -_~_~.,,-,,,,_. '.' 'J""'~""'. .
li.f05~-OI- ,
. ~". .. --_-.~
I
I
O.R 3463 PAGE 355
- 2 -
descriptions are based upon certified survey plat
dated May 30, 1962 (Revised May 31, 1962), pre-
pared by Moorhead Engineering Company and desig-
nated as GRANTOR'S Drawing No. T-3432-B.
GRANTEE shall have the right to patrol, inspect, repair, replace or
remove said facilities, together with all rights and privileges reasonably neces-
sary or convenient for the enjoyment or use thereof for the purposes herein
described, subject, however, to the following terms and conditions to which
GRANTEE agrees by its acceptance hereof and its exercise of the rights herein
granted:
1. GRANTEE shall notify Mr. F. E. Badger, GRANTOR'S Superintendent
of Transmission Construction and Maintenance (Telephone: 898-2141, St. Peters-
burg), at least 72 hours before commencing any activities within the Easement
Areas so that, if desirable, GRANTOR can have a representative present to ob-
serve the activities.
2. GRANTEE'S operation of any boom-type equipment and/or the opera-
tion of any well drilling rigs or equipment within said Easement Areas shall,
at all times, be in strict compliance with applicable provisions of the National
Electrical Safety Code and the rules and regulations of the Florida Industrial
Commission.
3. The well boring shall be accomplished either by rotary drilling
or by cable tool method.
4. The unconsolidated formation of earth above rock shall be cased
and the casing shall be seated and cemented into the solid limestone formation
at the lower end. The well casing shall be ten inch (10") diameter, black steel
pipe, Grade B, weighing 40 pounds per foot.
5. After seating and sealing of the lower end of the casing is com-
pleted, the remainder of each well shall then be drilled with an open bore
through the limestone formation until satisfactory water bearing strata is
encountered.
6. All pump housings, piping and electric service cables shall be
installed underground.
7. Upon completion of the installation of GRANTEE'S facilities, the
entire disturbed area shall be graded, leveled, seeded with Bahia and cultivated
by GRANTEE until a stand of grass acceptable to GRANTOR is established.
8. Within thirty (30) days after completion of GRANTEE'S construc-
tion activities within the Easement Areas, GRANTEE shall furnish GRANTOR draw-
ing(s) prepared by the firm of Briley, Wild & Associates which will accurately
depict the as-built locations of all of GRANTEE'S facilities within the Easement
Areas, complete with adequate survey ties and dimensions properly referenced to
GRANTOR'S East property line to facilitate locating and staking the underground
facilities in the future.
9. Other than the above-ilamed facilities, GRANTEE shall not build,
construct or create, nor permit others to build, construct or create, any build-
ing or structures within the above-described Easement Areas.
10. 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 Areas, resulting
by reason of the construction, presence and/or maintenance of GRANTEE'S facili-
ties 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 provided for in this easement.
11. GRANTOR shall not be liable for damage to GRANTEE'S facilities
howsoever resulting from the use or occupancy of the lands by GRANTOR.
''', #
)iJ,_ '-'!. ,.
,
,
O,R, 3463 PAGf356
- 3 -
12. 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
Corporation, 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.
13. The rights and privileges herein granted are subordinate to the
rights of Eastern Orthodox Community of Greater Clearwater, Inc., as estab-
lished by Letter-License Agreement dated April 26, 1968, wherein said corpo-
ration was given the right, under certain conditions, to beautify and landscape
a portion of the lands encompassed by the Easement Area designated herein as
Well Site No. 1.
14. This easement shall cease and terminate and shall be null and void
upon the breach of any covenant or failure to comply with any condition set forth
herein.
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,
signed in its name by its
to be affixed and attested by its
first above written.
the said GRANTOR has caused these presents to be
Vice President and its corporate seal
Assistant Secretary, the day and year
Signed, sealed and delivered
in the presence of:
FLORIDA PWER CORPORATION
********1<****
~~ (!
~
~, ~.
v~
STATE OF FLORIDA
)
) ss.
)
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this 30th day of December
A.D. 1970 , before me personally appeared J. E. GLEASON
and BETTY M. CLAYTON , respectively Vice President
and Assistant Secretary of FLORIDA PWER CORPORATION, a corporation of
the State of Florida, to me known to be the persons described in and who executed
-the foregoing instrument and severallyac.knowledged~the execution-thereof to De-
their free act and deed as such officers, for the uses and purposes therein men-
tioned; 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.
\,~ \t ~ lU I / I f/! i,:;
,,,,3\\:~ t' 1 ~' :",' ,:,0',(.'
","c- "" '1/"- , :.r..
.~~,.. \0;::'..1..."... ;. AI ,'i
~~' "t;O(Nt)TM-J;Al;..SEAl.)
~~ t~" ~ -( i~ 1~~ ,_t ,.-,,',', ~
.- r' ~<~ -.J ":0.
-- . ~ ,.- . , : w ~
~ ~ ,"'-,-':"":':,- ~,~.,~" .. ~ ~
% Ii"" t1y ., ~~i\S\ti ~:atI ~xp ires:
''; --:-;,',i\ '. J~ t1 r~ '... &-..~ ,'~
::; .,~... "'" .,..' 4,. .~':
"" t".~ j"!' . .. .. .. ~" .. \, \'-., ,...":--
</: .';:, i It JL 0 ;:~\"~',,,"\'
k'. ~ d~
Notary Public
Notary Public, State of Florida at large
My Commission Expires JULY 23, 1974