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FLORIDA POWER CORPORATION A ~) 'J I ~il.1332ll :;-,/ (I /b ~?, I n.R, 1fl8? PAGE276 ~ ~ KNOW ALL MEN BY THESE PRESENTS, That the undersigned in con- sideration of the sum of One Dollar ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, grants and conveys to the CITY OF CLEARWATER, a municipal corporation, organized and existing under the laws of the State of Florida, herein referred to as GRANTEE, the right, privilege, and easement to construct, operate and maintain for such period c-ro c..t:.) ~. :~~ "'--u -;_..J CJ C) --'~ of time as it may use the same or until the use thereof is abandoned, a a o a c:::: C') ',-,~ - ~ '.,.J ~.. (.') . ",~_.i sanitary sewer pipeline and appurtenances under, through and across the follow- ing-described land (herein called EASEMENT AREA #1) in Pinellas County, 0:::> ("--.J Florida, to wit: ~ :E p~ ';:--. c;:".:'- ...\',.1 LU ">- ,:: .01 The South 5.0 feet of the West 223.11 feet of the SEk of the NE~, and the North 5.0 feet of the West 223.11 feet of the NEt of the sEk of Section 19, Township 29 South, Range 16 East. In addition, FLORIDA POWER CORPORATION grants and conveys an additional easement for construction equipment access and working space purposes only, over, across and upon the following-described land (herein called EASEMENT AREA #2) also in Pinellas County, Florida, to wit: The North 10.0 feet of the South 15.0 feet of the West 223.11 feet of the sEk of the NE~, and the South 10.0 feet of the North 15.0 feet of the West 223.11 feet of the NE~ of the SEk of Section 19, Township 29 South, Range 16 East. Provided, however, that GRANTEE'S rights and privileges with respect to EASEMENT AREA #2 shall extend during the period of initial con- struction of said sanitary sewer pipeline, only, and upon completion of said construction, or upon May 1, 1964, whichever should first occur, all rights in and to said EASEMENT AREA #2 shall cease and determine. GRANTEE shall have the right to patrol, inspect, repair, replace, change the size of or remove said sanitary sewer pipeline 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: /'. ''''3.DO J1 , O,R, Itj(j"' PAGE~1'1 I I ~ 1. GRANTEE agrees that said underground pipeline shall be constructed at a sufficient depth below the surface so as to provide 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 Areas. 3. 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 construction, 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 provided for in these easements. 4. GRANTOR shall not be liable for damage to GRANTEE'S underground pipeline or related facilities howsoever resulting from the use or occupancy of the lands by GRANTOR. 5. Th~ rights and privileges herein granted are subordinate to the rights of Henry L. McMullen as set out in Letter Agreement dated February 22, 1962 wherein FLORIDA POWER CORPORATION granted Mr. McMullen the right to remove dirt from the North 5.0 feet of EASEMENT AREA #1 for a period extending two years following the date of construction of FLORIDA POWER CORPORATION'S second or most easterly steel tower transmission line across the property, which line has not been constructed as of the date of this instrument. 6. Thisinstmunent shall supersede and cancel in its entirety that certain easement granted and conveyed by GRANTOR to GRANTEE under date of December 21, 1962, and subsequently recorded on January 22, 1963, as Clerk's Instrument No. 31696B in Official Records Book 1599 at Page 220, Public Records of Pine lIas County, Florida. 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 - 2 - I I lor'87 PAGE278 O.R, .' ~ affixed, attested by its Secretary, this 14th day of May , A. D. 1963. Signed, sealed and delivered in the presence of: FLORIDA POWER CORPORATION By --A. p. ~~ ....Co,u" Vi~. p~es*&~~., , . ......'.,........:' r~~ /4. (! ~ ( , '\ Attest: ~ ~ '" " '- " L" ... / ' 2\::r;:~ ~~4 STATE OF FLORIDA ) ) ss. COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this 14th day of May A. D. 1963, before me personally appeared A. P. Perez 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 cor- poration. WITNESS my signature and official seal in said County and State, the day and year last aforesaid. (NOTARIAL SEAL) I, ~ '0 ....d (\/c / l /0'1- <( A..Al\t"'- ' ~ Nota1 Public f(':;~~~: ~': ;'t J _ ':'~;" ~ '~:;...,~:.. r (~"' "f.:.I!.(~ ~;(:~ ~:;:~~~:.:: ~': '~;~;\:. ~. \ '<It! ")11 "'~, ~~,. ~''': .'~.~/ ~'* ,,".fA 'j':;' \)' "'... , ~:" ,~Q; . '::J '"\ ." 'My \:~ission Expires: ~ f" ~ ~ ~ ,. '; ~',: ~.~> (N~h1y.PUbIiC, State of n,da at L ~r~e ,My. C~mmission Expires May I, 1964 ae.~e lily .'\R'lQri~i1A ~l.Ir'ity r.n nf 1\1 '{. ,',".;t ;'.' , , - - 3 - /1) 'J.~ () ~ (/\y I I n,R 1599 PAGEZ20 ',' .? 31696B ovf ClJi'.I-31 1S'"'l9.p"'frt- 2. 'J. () I /' KNOW ALL MEN BY THESE PRESENTS, That the undersigned in considera- tion of the sum of One Dollar ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, grants and conveys to the CITY OF CLEARWATER, a municipal corporation, organized and existing under the laws of the State of Florida, herein referred to as GRANTEE, the right, privilege, ~ c.c:t .. ....-i~ -~ r>:: 'r~~ and easement to construct, operate and maintain for such period of time as it '~,')(,J ~,~ ;..: ~~~may use the same or until the use thereof is abandoned, a sanitary sewer pipe- :d -:~ line and appurt@.nances under, through and across the following described \,.~'';'D Le; ;;d L~ land (herein called BASEMENT AREA #1) in Pine11as County, Florida, to wit: ~;: ~~ Begin at the northwest corner of the SE~ of the NE~ of Section 19, Township 29 South, Range 16 East and run thence South 890 13' 12" East, along the 40-acre line, 230.79 feet; thence South 00 51' 45" West 10.0 feet; thence North 890 13' 12" West 230.79 feet; thence North 00 51' 45" East 10.0 feet to Point of Beginning. ::E: a.... o (\,/ N l'.,J ,......, :e ~ "-? In addition, Florida Power Corporation grants and conveys an addi- tiona1 easement for construction equipment access and working space purposes) only, over, across and upon the following described land (herein called EASEMENT AREA #2) also in Pine11as County, Florida, to wit: From the northwest corner of the SE~ of the NE~ of Section 19, Township 29 South, Range 16 East" run thence South 890 13' 1211 East along th~ 40- acre line, 230.79 feet; thence South 00 51' 45" West 10.0 feet t~ the Point of Beginning; thence South 00 51' 45" West 5.0 feet; thence North 890 13' 12" West 215.79 feet; thence South 00 51' 45" West, parallel to the 40-acre line, 1331.71 feet to the quarter Section line; thence North 890 29' 13" West, along the quarter Section line, ~15.0 feet to the 40-acre line; thence North 00 51' 45" East, along the 40-acre line, 1336.71 feet; thence South 890 13' l~' East, 230.79 feet to the Point of Beginning. Provided, however, that GRANTEE'S rights and privileges with respect to EASEMENT AREA #2 shall extend during the period of initial construction of said sanitary sewer pipeline, only, and upon completion of said construction, or upon December 31, 1963, whichever should first occur, all rights in and to said EASEMENT AREA #2 shall n~f I~ )iN\ V : d A AI (it- './:I'".A (AVI'I. t,.; ",f ,,1 . , l'I}/-' u cease and ~1 / 11' J I determine. GO __ ~ ~--- ,..-- .~......- _J U"'_ ~g ;; ('.J~_ ~,~) ST'AT E OF t:: L (] p', [j I:i. DOC! r!\"AiC'"t',!T,~P'/ ':"':~:'_~ !\:~C.') --,-~, V' ~. J;;;;'~ ~~r~;!j:~;;):r;~~~; j:;'M('TRCl' , -" \ \~;" "--' / <'- .... ,- J = fe,' !'sni::'<\{i~~~.'~</, .:':~.::.:~ ....^.^"".,.'''..............''r ",'J'.A..A.,1-.A..."", "................"".,",,~J~._ J I OR, 1599 PAGE221 GRANTEE shall have the right to patrol, inspect, repair, replace, change the size of or remove said sanitary sewer pipeline 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 pipeline shall be constructed at a sufficient depth below the surface so as to provide 12 feet of 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 Areas. 3. GRANTEE, by acceptance of these easements and so long as it shall exercise any of the rights here- in 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 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 provided for in these easements. 4. GRANTOR shall not be liable for damage to GRANTEE'S underground pipeline or related facilities howsoever resulti~g from the use of occupancy of the lands by GRANTOR 5. The rights and privileges herein granted are subordinate to the rights of Henry L. McMullen as set out in Letter Agreement dated February 22, 1962 wherein Florida Power Corporation granted Mr. McMullen the right to remove dirt from EASEMENT AREA #1 for a period extending two years following the date of construction of Florida Power Corporation's second or most easterly steel tower transmission line across the property, which line has not been constructed as of the date of this instrument. All covenants, terms, and conditions contained herein shall be bind- ing upon and inure to the benefit of the successors and assigns of the parties hereto. - 2 - I , <: I O.R, 1599 PAGE222 .- IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be signed in its name by its Senior Vice President and its corporate seal affixed, attested by its Secretary, this 2lstday of December ,A.D. 1962. Signed, sealed and delivered in the presence of: By lltJ<-~. ,;Ji~IC.l Senior Vice Pre~,tdent''''''';,: Attest: , , ....:.: .' ,~ Y l I "j ,", ~ . _.: ;- , ':; t"i ~: i ~ <:J <2 .~ ~?~" STATE OF FLORIDA ) ) SSe COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this 21st day of December ,A.D. 1969, before me personally appeared H. K. McKean '1' and G. F. Foley ,respectively Seniei 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 exe~ution 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 corpora- tion. WITNESS my signature and official seal in said County and State, the day and year last aforesaid. ",,"(~ SEAL) J'~'~~' ~. :? .?~~ e..i~'i:%C{\i,;':i, .;.:- .r " "il;! <~. ~'.~;.;,,, ........ ~ ,_ ",.,,' >~~ F.: \1' t.~'"' ~ f,".' My c'on:mi';.saon Expires: ;:,.n',~ ~"~;-';;',;.l...: ,~J ~ ...-\ .f'J ( I 'C \..NClta~'~u!;1Ic. State of Florida at Lat~e , ". - My Commission Expir!!S May 1. 1964 , '. BOndeq,by American Surety Co. of N. Y., " ,. ....i,' I, :n-in\~'"'' (!~