FLORIDA POWER CORPORATION (3)
.
(j'
u.
.-:. -.' .~
1
EASEMENT
I dl ~21!;7 - ~~)- f
'1'11/8 INDENTURE, Made this
29th day of
May
4
, A.D. 197_
between
" 0
~ :!!
o ~
IL 0
oQ:U;:
'tl W .
.;: '" en
~ W :;
.....z~
,.. , ~
A):!
'tl . "
~ ~ IL
&. >- .:
" III II>
0.. ~ 0"
e ''; '"
" l! .:
E 0 II>
~ ...
~ ;; ~
'tlU,
"
THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the
State of Florida,
Party of the First Part, GRANTOR herein, and FLORIDA POWER CORPORATION, a corporation organized and ex-
isting under the laws of the State of Florida, with its principal place of business at 3201-34th St.So.,inthe
City'Of St. Petersburg, County of Pinellas and State of Florida, Party of the Second Part, GRANTEE herein.
WITNESSETH
A. WHEREAS, the GRANTOR is the owner in fee of a tract of land in the County of PINELLAS
and State of Florida, described on GRANTEE'S Drawing No. 72 -204-B (hereinafter referred to as "drawin~")
dated A pr i1 24, 1974 attached hereto, incorporated herein and by this reference made a part
hereof (hereinafter referred to as "PREMISES"); and
..r::
...
B. WHEREAS, GRANTEE is engaged in the business of manufacturing, transmitting and distributing
o electric energy to the public; and .
C, WHEREAS, GRANTEE will construct, install, operate and maintain all facilities (hereinafter
referred to as "FACILITIES") necessary to provide electric service to the PREMISES and to the general public,
The type, ownership and location of said FACILITIES are shown on attached drawing; and
D. WHEREAS, GRANTEE is desirous of obtaining an easement covering the location, construction
and maintenance of said FACILITIES, all in accordance with existing local codes and the National Electrical
Safety Code,
NOW, THEREFORE, for and in consideration of the mutual benefits hereunder and all mutual cove-
nants and conditions contained herein, GRANTOR does hereby grant and convey to GRANTEE, for such period of
time as it may require the use of the PREMISES or until the use thereof is abandoned by GRANTEE, the right,
privilege and easement to (1) locate its FACILITIES on, over, across, through and under said PREMISES within the
easement area shown on said drawing; (2) construct, operate, m~intain, repair and remove its FACILITIES and
(3) attain ingress and egress to and upon the PREMISES for the purpose of exercising rights and privileges herein
granted. .
The Parties hereto agree as follows:
1. GRANTEE shall have the right to operate, inspect, alter, improve, repair, remove and rebuild its
FACILITIES together with the rights and privileges necessary and convenient for the full use and enjoyment thereof.
2. GRANTOR shall not utilize the areas in which the FACILITIES are located in any way or manner
which would create a dangerous condition with respect to said FACILITIES or create any interference with the con-
struction, reconstruction, removal, repair or safe operation and safe maintenance thereof without written notification
to GRANTEE and submission of written plans of such utilization of the easement area and GRANTOR agrees to
reimburse GRANTEE for any relocation of the FACILITIES necessitated by GRANTOR'S 'planned utilization of said
easement area, 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,
3, Should GRANTEE remove or abandon the use of its FACILITIES, or fail for any reasonable period
of time to exercise the rights- herein granted, then in that event all rights and privileges hereunder shall cease and
the easement, privileges and rights herein granted shall revert to the GRANTOR.
4. GRANTOR covenants that it has the right to convey this easement and that GRANTEE shall have
quiet and peaceful possession, use and enjoyment of said easement. '
All covenants, terms, provisions and conditions hereof shall inure to the benefit of and be binding.
upon the Parties hereto and their respective successors or assigns.
. . IN WITNESS WHEREOF, the 9RA,NTOR has caused these presents to be signed in its name by its
CIty M~nager and Mayor-COmmlssloneind its official seal to be affixed, attested by its
CIty Clerk , the day and year first above mentioned.
Sil-tllro, sl'ulcd and delivered
in the presence of:
THE CITY OF CLEARWATER, FLORIDA
/ s/ Kathryn C. Green
By /s/ Picot B. Floyd
City Mana~er
(Title)
/ s / Sue Lamkin
Countersigned: / s / H. Everett Hougen
Mayor-Commissioner
Approved as to form & correctness:
/ s/ Herbert M. Brown
City Attorney
Attest:
/s/ R. G. Whitehead
City Clerk
(Title)
RE .60
I y- _ I'L'" t;' - -;:;
:~
...
...... '.::... ....
I
I
STATE OF
FLORIDA
)
) SSe
)
COUNTY OF
PT~ T.T .AS
I HEREBY CERTIFY that on this 29th
day of
May
A. D. 19.L~before me personally appeared
Picot B. Floyd. H. Everett HOl.gen
and
Herbert M. Brown and R. G. Whitehead
, respectively
City Manager, Mayor-Commissi~r, City Attorney & City Clerk
of
THE CITY OF CLEARWATER, FLORIDA
a municipal corporation of the State of FT.ORTDA
. to me known to be the persons described in
and who executed the foregoing instrument to the FLORIDA POWER CORPORATION, and sev-
erally acknowledged the execution thereof to be their free ac( and deed as such officers, for the
uses and purposes therein mentioned; and that they affixed thereto the official seal of said cor-
poration, 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>
/s/ Betty A. Russell
Notary Public
My Commission Expires:
Aug. 1, 1974
- 2 -
913 524
SEE PLANS IN FILE