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FLORIDA POWER CORPORATION (5) ~ 1?~~~-'3~2 THIS EASEMEN' made this 'I' #- day of~~~..k/ ,19 75 , between THE CITY OF CLEARWATER. FLORIDA 11 a municipal corporation (GRANTOR), and FLORIDA POWER CORPORATION, a Florid~ corporation (GRANTEE). WITNESSETH, That for and in consideration of the mutual benefits, covenants, and conditions contained herein, GRANTOR grants and conveys to GRANTEE, its successors, lessees, and assigns, an ease- ment to install, operate and maintain, for as long as GRANTEE requires the use of GRANTOR'S premises, or until the uw: ~here.of is.J abandoned by GRANTEE, such facilities as are necessary and desirable in rendering an ve+"neau . .' " . undergroun e ectnc servIce, and, when apphcable, telegraph and telephone commUnICatIOn servIce to Mcl"iullen Park Tennis Como1ex and to the public; said facilities being located on the following described premises of GRANTOR in Florida, to-wit: Pine11as County, A 10 foot easement lying 5 feet each side of the following described line to wit: Start at the Southwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 18, Township 29 South. Range 16 East, and r\D1 South 89008'12" East, 674.15 feet to the center of an existing power pole; thence run South 10021'48" West, 23.32 feet to the South boundary of Magnolia Drive, also being the North boundary of the South 1/2 of the Southwest 1/4 of the aforesaid Section 18-29-16, for the Point of Beginning; thence nm South 10021'48" West, 300 feet; thence run South 42021' 4811 West. 73 feet to the Point of Ending. GRANTEE'S easement, as described above, is defined as lying VYYYYYYVYY ~E:it Oh each--side - of the centerlines of all of GRANTEE'S facilities as designed and installed at mutually ~:eeAbre locations through the above-described premises. - ,- , - - - GRANTEE shall have the right to repair or alter said facilities, including the fiib1.'-tQ aloof the voltage thereof, together with all rights and privileges reasonably necessary or convenient for't.{Ie' enj"QYliierrt or use thereof for the purposes above described. GRANTEE shall have the right to clear the eas~rtroo.t. ,9f. ,an.~" and all physical objects which, in the opinion of GRANTEE, endanger proper operation. GRANTOR further grants the reasonable right for GRANTEE to enter GRANTOR'S premises adjoining said easement in exercising the rights granted. GRANTOR shall not utilize GRANTEE'S easement in any way or manner which would create a dangerous condition with respect to said facilities, or create any interference with the safe and efficient con- struction, operation and maintenance thereof without first giving written notification to GRANTEE, together with written plans of such proposed utilization of the easement area. GRANTOR agrees to reimburse GRANTEE for any relocation of facilities necessitated by GRANT- OR'S planned utilization of said easement, and GRANTOR covenants to indemnify and hold GRANTEE harmless from any and all damages and injuries, whether to persons or property, resulting from interference with the facilities by GRANTOR, its agents or employees. The easement herein granted is not exclusive and GRANTOR reserves the right to grant rights to others affecting the said easement, provided that (1) notice is first given to GRANTEE, and (2) in the reason- able judgment of GRANTEE such rights do not create a dangerous or unsafe condition, or unreasonably conflict with the rights hereunder. , GRANTOR covenants that it has the right to convey this easement, and that GRANTEE shall have quiet and peaceful possession and use of this easement. All covenants, terms and conditions shall inure to the benefit <;Jf, and be binding upon, the parties and their respective successors, lessees, and assigns. - IN WITNESS WHEREOF. the GRANTOR has caused these presents to be signed in its name by its City Manager and Mavor-Commissioner , and its corporate seal to be affixed, attested by its City Clerk , the day and year first above written. and approved as to form and correctness by its City Attorney. Signed, sealed and delivered in the presence of: L~j ?~ ~4,~~ Rev. 10/74 Thi. document prepared by R. W. NEISER Return To: Real E.tate Dept., Florida Power Corporation P. O. Box 14042, St. Peter.burg, Florida 33733 By Attest: (Over for Balance of Signatures) }J.l.05.J. -01- g 8 t:j ~ ~ ~ I'd > ~ ?:l ~-i tI:l sa I-'l en n ~ E trJ I ~ N \.I.t ~ ..... 00 I N '" , ..... C7\ I 1/0 /~"r' """{ ') Countersigned: - :. _.' ~ ' ~~ FLORIDA ss. I HEREBY CERTIFY that on this /0 ;:t:;t day of ~ ' Picot B. Floyd. R. G. Whitehead, (';.;'Ibrie1 A. D. 197..2., before me personally appeared XMM CazareR ;'Inn Thorn;:! R A RllRtln , respectively Clerk, Mayor-Commissioner and City Attorney x~~~ ~~of City Manager, City '1''Hl4' r.T'!'V OF r.T.F.ARltJATF.R. 1?T1U!TnA municipal , 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 corpora- tion, 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) I\'~C. 4<~~~~ Notary Public ::- - . - -~ - -.:..;./ --". -- My Commission Expires: NotarY Public, Stale of norlda Clt Large My Commission Expires Stpl. 29, 1977 Bonded by American Fire & Ccasuall}' Ca. I .... 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