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FLORIDA POWER CORPORATION (4) !i-. -.. - !l~ rr;~~;??;} -/2&'0> EASEMENT~ 01< </"'Ii'''' THIS INDENTURE, Made this /[)~y of - , A.D. 19'tL between f'-j )'07 CITY OF CLEARWATER, A MUNICIPAL CORPORATION' OF HE STATE OF FLORIDA 7 3/21'~2...3.. I v ~ 0 .. "tl ~ ,- o ~ 0.. a: .E Wu.. -i: V) . .- - en ~ W ~ .E Z j u.. .. ~S: : .. 1: ci 0.. &.~ >- .: aJ'" .. . ~ . Q. 0 C .g ~ .. ~ ~ E E VI ~ 0 .z: u Q. ~ o ~ ~ "tl 0 '" ..u_ .- 0 .z: ..... t- '" 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 3~th Street South, in the 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. Z-285-C (hereinafter referred to as "drawing") dated June 25, 1973 attached hereto, incorporated herein and by this reference made a part hereof (hereinafter referred to as "PREMISES"); and B. WHEREAS, GRANTEE is engaged in the business of manufacturing, transmitting and distributing 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, maintain, 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. A. . IN WITNESS WHEREO~ the G~AN.TOR has caused these presents to be signed in its name by its dmg Cl t y Manager, Mayor-vorn~l?~_ on.ana its official seal to be affixed, attested by its Cit y Cl~~K ~"':-~,-the day and year first above mentioned. ~t!t.!.~e : Signed, sealed and delivered in the presence of: /~~~ .' ~ " e 'cipa1 corporation (Title) 913 56C1 11/-031- 1 ... , I STATE OF FLORIDA COUNTY OF PINELLAS ) ) ss. ) I HEREBY CERTIFY that on this //J d. day of ~ A. D. 191.3, before me personally appeared H. Everett Hougen and R. G. Whitehead ~ ,respectively Acting City Manager and Mayor-Commissioner and City Clerk of CITY OF CLEARWATER a municipal corporation of the State of 11'1 or; n,q , 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 act 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. -(NOTARLA..L--SEA-L> . -'"". .-1 /' -_~ __-_ -::'- ..- -' .....-- Y~yc;,,~1iC~ /. '. " - - My Commission Expires: Rotary PublIC, ~tate' o~ florlda lit braG ;},y Com,;.issionExpires Sept. 29, 1973 Bonded By, American Fire & Casualty Co. 913 524 SEE PLANS IN FILE