FLORIDA POWER CORPORATION (3)
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Tot /~. !.s- THIS EASEMENT AGREEMENT,
between FLORIDA POWER CORPORATION,
of the First Part, GRANTOR herein,
Second Part, GRANTEE herein;
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ORIGlNAL
SEf 12
, 42PM~71
EASEMENT AGREEMENT
n.R. ~ 7 4 8 PAGE
555
made this 21st day of July
a Corporation of the State of Florida,
and CITY OF CLEARWATER, FLORIDA, Party
, 1978,
Party
of the
NOW, THEREFORE, WITNESSETH, That, for and in consideration of the sum
of One Dollar ($1.00) and other good and valuable considerations, the receipt of
which is hereby acknowledged, GRANTOR does hereby grant and convey to GRANTEE,
and to its successors and assigns, an easement for an 8" V.C.P. sewer line and a
24" R.C.P. storm drain for such period of time as GRANTEE may use the same or
until the use thereof is abandoned by GRANTEE, over, upon and across the following
described lands of GRANTOR in the County of Pinellas and State of Florida, here-
inafter referred to as the "Easement Area;"
TRACT A - A tract of land 20.00 feet in width lying in the NW\ of
Section 20, Township 28 South, Range 16 East, City of Clearwater,
Pinellas County, Florida, the centerline of which is more partic-
ularly described as follows:
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Commence at the NW Corner of said Section 20; thence S 89057'02" E,
along the North line of said Section 20, the same being the North
line of a 208.00 feet wide Florida Power Corporation Right-of-way,
for 1360.32 feet to the POINT OF BEGINNING of said Centerline; thence
S 06013'11" W, for 209.22 feet to the POINT OF TERMINATION.
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TRACT B - A tract of land 10.00 feet in width lying in the NW\ of
Section 20, Township 28 South, Range 16 East, City of Clear~ter,
Pinellas County, Florida, the centerline of which is more partic-
ularly described as follows:
Commence at the NW Corner of said Section 20; thence S'0005'21" E
along the West line of said Section 20, the same being the West line
of a 208.00 feet wide Florida Power Corporation Right-of-way, for
150.00 feet to the POINT OF BEGINNING of said centerline; thence
S 53051'14" E for 257.87 feet to the POINT OF TERMINATION.
The purpose of this conveyance is to provide crossings for a sewer
line and storm drain.
GRANTEE shall have the right to patrol, inspect and repair said sewer
line and storm drain, together with all rights and privileges reasonably necessary
or convenient for the enjoyment or use thereof for the purpose herein described,
subject, however, to the following terms and conditions to which GRANTEE hereby
agrees:
1. That GRANTEE shall notify GRANTOR'S Superintendent of Transmission
Rights-of-Way (Telephone: 813-866-5240), St. Petersburg, at least
seventy-two hours (72) prior to commencement of initial construction
activities within said Easement Area so that, if desirable, GRANTOR
can have a representative present to observe the activities.
2. That GRANTOR specifically reserves unto itself, its successors,
lessees and assigns, the continued right to utilize the Easement
Area for any purpose not inconsistent with the rights herein granted,
including but not necessarily limited to the right to install,
operate and maintain additional facilities for the transmission and
distribution of electricity.
3. That GRANTEE shall not assess GRANTOR for any improvements of the
sewer line and storm drain within the Easement Area or adjacent thereto.
4. That maintenance of said sewer line and storm drain and Easement Area
shall be the sole responsibility of GRANTEE.
5. That in the event GRANTOR is asked by GRANTEE to relocate any
facilities, now or in the future, GRANTEE shall pay all costs in
connection with such relocation.
v
This docum t
v-. en prepared by BLAIR W. CLARK
- Real ~state De t
P. D. Box 14042 S P., Fla, Power Corp.'
, t, PeterSburg, Fla, 33733
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n.R. ~ 7 ~ SlpAGE
ORIG~~,.
556
6. That no overhead utilities, other than GRANTOR'S facilities,
shall be located or installed within said Easement Area by
GRANTEE, its successors or assigns, without prior specific
written approval of GRANTOR. Absolutely no buildings,
structures or obstacles of any kind shall be located, constructed,
excavated, erected or installed within said Easement Area by
GRANTEE, its successors or assigns.
7. That all operations and equipment used within the Easement Area
shall at all times be in strict compliance with the applicable
provisions of the National Electrical Safety Code and the applicable
rules and regulations of the Occupational Safety and Health Act of
1971 (OSHA).
8. That location of the 8" V.C.P. Sewer Line and the 24" R.C.P. storm
drain within the installation area be substantially as shown on
Exhibi t "A".
9. That permanent markers be installed showing location of the 8" V.C.P.
Sewer Line and the 24" R.C.P. S'tormDx-ainwithin Easement Area.
10. That GRANTEE shall not install cathodic protective devices without
first notifying GRANTOR'S Corrosion and Grounding Engineer, Mr. Edward
R. Beeman, telephone (813) 866-5727, St. Petersburg.
11. That GRANTEE restore GRANTOR'S patrol road and easement strip to a
condition at least that of which existed prior to GRANTEE'S utilization.
12. That GRANTEE furnish GRANTOR with a set of as-built drawings within
thirty days of final construction.
13. That GRANTEE notify GRANTOR'S Superintendent of Transmission Rights-
of-Way, heretofore mentioned in above Paragraph 1, when construction
activities are complete so easement strip can be inspected.
14. That GRANTEE'S 8" V.C.P. Sewer Line and 24" R.C.P. Storm Drain shall
be installed with adequate earth cover to prevent damage by GRANTOR'S
vehicles or heavy equipment operated within easement strip.
15. That all excavations for said GRANTEE'S utilization be a minimum of
twenty five feet (25') from the nearest edge of GRANTOR'S transmission
structure or guying.
16. That nothing contained in this Agreement or contemplated is intended
to or shall increase GRANTOR'S risk of liability for personal injury
or death or for any property damage, and it is hereby expressly under-
stood and agreed that GRANTOR does not assume any such additional risk
or liability arising out of the use and occupancy of said Easement
Area by GRANTEE and/or the general public.
17. That in the event GRANTEE should abandon said sewer line and storm drain,
then the rights and privileges herein shall cease and terminate and the
Easement Area shall revert to GRANTOR in its entirety.
GRANTOR covenants that it has the right to convey this Easement Agreement
and that the GRANTEE, its successors and assigns, shall have quiet and peaceful
possession, use and enjoyment of said easement.
All covenants, terms and conditions contained herein shall inure to the
benefit of and be binding upon the parties hereto and their respective successors,
lessees and assigns.
C"'>
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IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be
signed in its name by its Vice President and its corporate seal to
be affixed and attested by its Assistant Secretary and the GRANTEE has caused
these presents to be signed all as of the day and year first above mentioned.
, FLORIDA POWER CORPORATION
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Attest:
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Signed, sealed and delivered
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By:
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Ast City'of Clearw er
Attest:
Countersigned:
STATE OF FLORIDA
ss.
COUNTY OF PINELLAS
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instrument was ackno this 21st day of
Ned B. Spake and Betty M. Clayton
Assistant vice President and Assistant Secretary of
a Florida corporation, on behalf of the Corporation.
The foregoing
July , 1978, by
'"'' , respectively
,,~,;gLORIDAPOWER CORPORATION,
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Notary Pub li c
. .My ct>IlU.'!lission expires:
! LU :~Jt~ry',Public, State of Florida at Large
'My Commission Expires JUNE 28. 1932
* * * * * * * * * *
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STATE OF
day of
ss.
COUNTY OF
The foregoing
(NOTARIAL SEAL)
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EXHIBIT "A"