FLORIDA POWER CORPORATION (3)
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11123/77 REW:rlb ~:
a. ~. 4637 PAGE1090
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771.97464
PARTIAL ASSIGNMENT OF EASEMENT
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-'}. 0-0",_ THIS PARTIAL ASSIGNMENT OF EASEMENT, Made and entered into this "Y
.." day of ()~ W ., 19 1'1. ' by and between the CIIT OF CLEARWATER,
~ FLORIDA, a municipal corporation of the State of Florida, Party of the First
. U Part, and FLORIDA POWER CORPORATION, a private corporation of the State of
Florida, Party of the Second Part;
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WHEREAS, the CITY OF CLEARWATER, FLORIDA is the owner, possessor and
user of a right-of-way easement dated July 21, 1977, granted and conveyed
by ROSEMARY M. McNAY and subsequently recorded September 14, 1977, in
Official Records Book 4597 at Page 304 as Clerk's Instrument No. 77143407
of the Public Records of Pine1las County, Florida, said right-of-way ease-
ment establishing a corridor for the construction, operation and maintenance
of underground water lines and underground electric power lines across the
following-described lands in the County of Pinellas and State of Florida,c=
to wit: h c
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A 3D-foot wide right-of-way easement corridor
comprising the East 30 feet of N~ of SW~ of
N~ of Section 32, Township 28 South, Range
16 East;
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and
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WHEREAS, the CIIT OF CLEARWATER, FLORIDA has been requested to assign to
FLORIDA POWER CORPORATION a portion of the rights and privileges granted and
conveyed to the CIIT OF CLEARWATER, FLORIDA as "GRANTEE" of the above-cited
right-of-way easement, and the CITY OF CLEARWATER, FLORIDA is willing to assign
said portion;
NOW, THEREFORE, WITNESSETH, That, the CIIT OF CLEARWATER, FLORIDA, for
value received, hereby sells, assigns, transfers, conveys and sets over unto
FLORIDA POWER CORPORATION, its successors, lessees and assigns, all that part
or portion of the CIIT OF CLEARWATER, FLORIDA's right, title, interest and
equity in, to and under the above-cited right-of-way easement and in and to
the privilege and easement therein granted, ONLY as such part or portion of
the right, title, interest, equity, privilege and easement pertains to the
construction, reconstruction, installation, operation, repair, maintenance,
relocation and/or removal of underground electric power lines with necessary
and related attachments and accessories in connection therewith.
Provided, always, nevertheless, that nothing herein contained shall in
anywise or manner impair, alter or diminish the CIIT OF CLEARWATER, FLORIDA's
rights, purpose, effect, encumbrance or provisions of the above-cited right-
of-way easement pertaining to the construction, operation and maintenance of
underground water lines and not hereby being assigned to FLORIDA POWER
CORPORATION.
Upon construction and installation of underground electric power lines
within the right-of-way easement corridor by FLORIDA POWER CORPORATION
pursuant to this partial assignment, the CIIT OF CLEARWATER, FLORIDA covenants
not to utilize the right-of-way easement corridor in any way or manner which
would create a dangerous condition with respect to said underground electric
power lines, or create any interference with the safe and efficient con-
struction, operation and maintenance thereof without first giving written
notification to FLORIDA POWER CORPORATION, together with written plans of
such proposed utilization of the right-of-way easement corridor. The
CIIT OF CLEARWATER FLORIDA agrees to reimburse FLORIDA POWER CORPORATION
for any relocation of underground electric power lines necessitated by the
CIIT OF CLEARWATER, FLORIDA's planned utilization of said right-of-way
easement corridor, and the CIIT OF CLEARWATER, FLORIDA covenants to
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Q. i.4637 PAcEl091
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indemnify and hold FLORIDA POWER CORPORATION harmless from any and all
damages and injuries, whether to persons or property, resulting from
interference with the underground electric power lines by the CITY OF
CLEARWATER, FLORIDA, its -agents or employees. (The term "interference"
is used herein to mean an obstruction or impedance of the normal con-
dition or function of the underground electric power lines of FLORIDA
POWER CORPORATION.)
IN WITNESS WHEREOF, the said CITY OF CLEARWATER, FLORIDA has caused
these presents to be executed in its name by its proper officers or
officials thereunto duly authorized and its official corporate seal to
be hereunto affixed and attested, all as of the day and year first
above written.
Signed, sealed and delivered
i~: presence of:
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CITI r CL~RWATER, F~liJfl
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, rj':,.' 'Ci,ty MaB.~g~;r'1
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Attest' ,...: Ie '~
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Countersigned: .' .,
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Mayor-Co . i~,~,ioner
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Approved as to form and
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this 22nd
day of DpC'pmner , 19 77 , by Anthonv L. Shoemaker, Thomas
A RlIsTin, Lucille Hilliar.1s and Gabriel Cazares
respectively, City Manager, City Attorney, i y Clerk and Mayor-Commissioner
of the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, on behalf
of the corporation.
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. NeJary Public;: .',1 '-'i.,
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My Commission Expires:
tbt~ry Put>!ic. St~te of Florid.'! at large
o 19'"
Mv Commission Expire; Sept. 2,. vI
&cl".::'ed ey Ar:H,"ic"n tile Cia ,,--,,~,,0lI'" :.~,..
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