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FLORIDA POWER CORPORATION ~, ., , - . ... I I -~ DISTRIBUTION EASEMENT (as Lessor) ,a municipal Florida / corporation, (State) a Florida corporation, its suc- OCD OJ i-<:U1 N l~ co ... ('") 0 ... ::J THIS EASEMENT, Made this day between City of Clearwater its successors and assigns ("GRANTOR"), and FLORIDA POWER CORPORATION, cessors, lessees and assigns ("GRANTEE"); Z III 3 co N ~ WITNESSETH, That, for and in consideration of the mutual benefits, covenants and conditions herein contained, GRANTOR grants and conveys to GRANTEE an easement to instal" operate and maintain in perpetuity or until the use thereof is abandoned, such facilities as may be necessary or desirable for providing electric energy and service and communication services; said facilities being located in the following described "Ease- ment Area" within GRANTOR's premises in Pi ne 11 as County, Florida, to wit: A ten (10) foot wide Easement Area defined as comprising that ten foot wide strip of land lying five feet on each side of the centerline of Grantee's facilities as designed and installed on the following described property: 0 ::r -i 1-" 0 :E 0 ::J en ::r =- 1-" -a :;0 0 p" '- :::0 III ::J co co Se~, d~s.cription attached hereto: ..... ~ ~ The rights ~lerell)gr<mted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, imrrove, repair, rebuild, relocate, and remove said facilities; (b) the right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANT- EE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the right for GRANTEE to trim or remove any timber adjacent to but outside the Easement Area which, in the opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement tor the purposes described above. n o C ::J -< GRANTOR hereby covena nts and agrees that no bui Idi ngs, structures or obs tac les (exr;ept fences) sha II be located, constructed, excavated or created within the Easement Area. If fences are installed, they shall be placed so as to allow ready access to GflANTEErsfaci!ities and provide a working space of not less than six feet (6') on the opening side and one footfl') pn the other three sides of any pad mounted transformer. If GRANT- OR's future orderly development of the pren~es is in physical conflict with GRANTEE's facilities, GRANTEE COpy cc; c71Q ~~W.arH.1.'~~'1 titfi f'efii;)L/ /81 r,,, I /l./-o33 ~I b ,,- '-"", I I shall, within 60 clays aftf~r receipt of wrillen request from GRANTOR, relOcilte said facilities to another mutually aweed upon Easement Ami! in GRANTOR's premises, provided that prior to tlm relocation of said facilities (a) GRANTOR shill I pay to GRANTEE the full expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated faciliti{~s, Upon the completion of the relocCllion, ttw easement Iwrein shall be considered cancelled as to the portion vacated by such relocation, GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's pre lises, 'fins CR^~JTOR furthm oeV(,JneJAts te iAQOR1Rif'l :md t.:tgl~ (;]R^I\JTI:I: hilrmIQ"~ frQ~l :H1Y ;me all ealna!'l(i!s... ~ GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to qrant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants. terms, provisions and conditions herein contained shall inure and extend to and be ,)bl ig- atory upon the successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested ~ this ~day of ~- o ,19U. Approved sioner CITY OF CLEARWATER, FLORIDA LJ (Name o;J1;;raHQ"I... BY~~ ~,._. Ron H. Rabun,~~y Man~~er ATTEST: , c'~ - W~. : ~d ~-./~~o.-: :: Cynt ~a E. ('~eaUf ,C~ ty_.-q-erk correctness: ~ M. A. ., City Attorney STATE OF ) ) ss. COUNTY OF PINELLAS ) The focego;"g e",eme,,' w", ac'"owledged beto,e me t1,;s il!!dav of ~ ' 19 n by Rita Garvey, Ron H. Rabun, Cynthia E. Goudeau and M. A. Galbraith, Jr., as Mayor-Commissioner, City Manager, City Clerk and City AttorneY'l'espectively. of the City of Clearwater, Florida municipal <ycorporatlon of the State of Florida , on behalf of the corporation as GRANTOR. .W~mf~ ~'"" Notary Public (Ng1~~ltl) rr Notary Public. State of , florid a i .' Exp'rcs Apnl 10. 1993 My (omml1'.:;\On . 1 fain. lnsuran'G In.!. M C " E' ~ond.d Thru IOY '! OmmlSSIOn xplres:;.. 913 532 (5) Bock . . ~~ ~ooJc; . zJ AJ J~~o"'" ~J;~it~oy.... ~ f# I I E, 121.00 feet to the South line of said section 21; thence N 89' 31' 10" W along said section line, 1,146.53 feet to the POINT OF BEGINNING. containing 112.31 acres, more or less. PARCEL 2 NEW CHI CHI RODRIQUEZ YOUTH FOUNDATION PROGRAM COMMUNITY CENTER A parcel of land located in part of the East 1/2 of section 20, Township 28 South, Range 16 East, city of Clearwater, pinellas County, Florida, being, more particularly described as follows: Commence at the Southeast corner of said section 20, also being the Southeast corner of HEATHER TRAIL SUBDIVISION, as recorded in Plat Book 77, Page 53 of the Public Records of Pinellas County, Florida; thence along the East, North and West lines respectively of said plat the following three (3) courses; (1) N 000 01' 19" E, 334.15 feet to the POINT OF BEGINNING; (2) S 89047' 45" W, 1,333.72 feet; (3) S 000 01' 54" E, 334.98 feet to the Southwest corner of said plat; thence S 890 45' 36" W along the South line of said Section 20, 11.62 feet to a point on the East right-of- way line of Landmark Drive, also being a point on a 650.00 foot radius non-tangent curve concave to the Northeast (from which a radial line bears N 260 40' 17" E); thence Northwest 718.49 feet along said right-of-way and the arc of said curve which has a central angle of 63. 19' 59" and a chord bearing N 310 391 43'; W, 682.47 feet; thence continue along said right-of-way N 000 00 I 16" E, 87.28 feet to the Southwest corner of Lot 107 and the South line ofALagle E3~a~e3 as recorded in Plat Book~74, raqc ~1 of the Public Records of pinellas County, Florida; thence N 890 47'55" E along said South line, 370.01 feet to the common corner on the South line said Landmark Woods 2nd Addition and the South line of Eagle Estates as recorded in Plat Book 74, Page 41 of the Public Records of Pinellas County, Florida; thence along the South line of said plat N 890 47' 55" E, 1333.50 feet; thence S 00001' 19" W, 334.37 feet along the East line of said section 20 .11~ to the POINT OF BEGINNING. ~ ~ ~c;, '1'1, Vh-jV ~}t ~(oj ~\, containing 14.55 acres, more or less. 1'., < I . I ;.. , LEGAL DESCRIPTION PARCEL I NEW CHI CHI RODRIQUEZ YOUTH FOUNDATION PROGRAM COMMUNITY CENTER A parcel of land located in part of the East 1/2 of section 20 and the West 1/2 of the Southwest 1/4 of section 21, Township 28 South, Range 16 East, City of Clearwater, Pinellas County, Florida, being more particularly described as follows: Begin at the Southeast corner of said section 20, also being the Southeast corner of HEATHER TRAIL SUBDIVISION, as recorded in Plat Book 77, Page 53 of the Public Records of Pinellas County, Florida; thence along the East line of said plat and the East line of said section 20 N 000 01' 19" E, 334.15 feet to the Northeast corner of said plat; thence continue N 000 01' 19" E, 334.37 feet to the Southeast corner of Eagle Estates as recorded in Plat Book 74, Page 41 of the Public Records of Pinellas County, Florida; thence along the East and North lines respectively of said plat the following two (2) courses; (1) thence continue N 000 01' 19" E, 835.59 feet; (2) S 89051' 52" W, 1,703.76 feet to a point on the East right-of-way of Landmark Drive; thence along said right-of-way the following three (3) courses; (1) N 000 00' 16" E, 585.35 feet to a point on a 950.00 foot radius curve concave to the southeast; (2) northeasterly, 1,361. 59 feet along the arc of said curve which has a central angle of 820 07' 09" and a chord bearing N 410 03' 52" E, 1,248.00 feet to a point on a 1,050.00 foot radius reverse curve concave to the Northwest; (3) northeasterly, 170.59 feet along the arc of said curve which has a central angle of 090 18" 31" and a chord bearing N 770 28' 12" E, 170.40 feet to a point on the southwesterly side of an 80 foot drainage easement and right- of-way which lies adjacent to EAGLES GLEN CONDOMINIUM as recorded in Condominium Plat Book 43, Page 68 of the Public Records of Pinellas County, Florida; thence along said easement and right- of-way the following four (4) courses; (1) S 190 21' 16" E, 240.06 feet to a point on a 290.00 foot radius curve concave to the Northeast; (2) southeasterly, 320.82 feet along the arc of said curve which has a central angle of 63. 23' 04" and a chord bearing S 510 02' 48" E, 304.71 feet; (3) S 820 44' 20" E, 399.20 feet; (4) S 890 24' 00" E, 5.46 feet to a point on the East line of said section 20; thence continue S 890 24' 00" E, 662.80 feet along the South line of an 80 foot drainage easement which lies South of an Adjacent to the North line of said Southwest 1/4 of section 21; thence S 000 o~ E, 850.00 feet; thence S 890 IL ~ 24' 00" E, 580.00 fees 1:e ~~'WCM ri~ft't of way lin6 of l.rcMl:lll~h ~ Beath. Read, thence S' 000 04' 59" E along 3aid. ri~ft1: af way, ~ ~ _~. 1,621.24 feet; thence N 890 31' 09" W, 101.00 feet; thence S Ooo-:t~ ~. v4' 59" &