93-59RESOLUTION NO. 93 -59
A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA,
DECLARING A PARCEL OF CITY -OWNED REAL PROPERTY
AS SURPLUS TO CITY NEEDS FOR THE PURPOSES OF
GRANTING A DISTRIBUTION EASEMENT TO FLORIDA
POWER CORPORATION ON CITY PROPERTY, CURRENTLY
LEASED TO THE CLEARWATER COUNTRY CLUB, FOR THE
RELOCATION OF AN EXISTING ELECTRIC DISTRIBUTION
LINE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
EASEMENT AGREEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Power Corporation proposes to relocate an
existing electric service distribution line located on City -owned
lands currently leased to the Clearwater Country Club, and
WHEREAS, it is necessary that certain lands now owned by the
City be used for relocating the electric service distribution line,
and
WHEREAS, Florida Power Corporation has made application to the
City to execute and deliver to the corporation an easement for the
purpose of relocating the electric service distribution line, and
the easement agreement has been duly considered by the City
Commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The application of Florida Power Corporation for
the electric service distribution easement across City owned
property currently leased to the Clearwater Country Club is found
to be for a valid public purpose and is approved, and the property
described herein is declared surplus to the needs of the City.
Section 2. In consideration of receipt of $1.00 and other
good and valuable consideration, the City Manager is authorized to
execute the easement agreement in favor of Florida Power
Corporation in the form a copy of which is attached hereto as
Exhibit "A ".
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 18thday of November _., 1993.
ATTEST:
Cyn is E. Goudcau C �y Clerk ita Garvey, Mayor -�C issaoner
,213- -cl
Lxhibit "A"
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made this day of ,
1993, by and between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation (hereinafter referred to as "Grantor "), and
FLORIDA POWER CORPORATION, a Florida Public Utility Corporation, P.
O. Box 14042, St. Petersburg, Florida, 33733 (hereinafter referred
to as "Grantee "):
W I T N E S S E T H:
THAT THE GRANTOR, for and in consideration of Ten and 00 /100
Dollars ($10.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey to Grantee, its successors and assigns, a
perpetual non- exclusive easement for the purpose of installing,
operating, maintaining, repairing and replacing such power
distribution facilities as may be necessary or desirable for
providing electric energy and service over, under and upon certain
property located in Pinellas County, Florida (hereinafter referred
to as the "Easement Premises "), described as being
A 100.0 foot wide power distribution easement being 50.0
either side of the centerline of said Easement Premises
as depictedin Exhibit "A" attached hereto and by this
reference made a part hereof, located in Sections 10 and
11, Township 29 South, Range 15 East, and being more
particularly described as follows:
Begin at the center of Palmetto Street and Kings Highway,
and thence run South a distance of 30.0 feet, thence run
South 89023059" East, 17.5 feet for a POINT OF BEGINNING.
From the POINT OF BEGINNING thus established, a 100.0 foot
wide easement lying 50.0 feet on either side of a center
line running South ea distance of 530.0 feet, thence blest
a distance of 130.0 feet. The area described lies within
the Northeast 1/4 of Section 10, Township 29 South, Range
15 East, and the Northwest 1/4 of the Southwest 1/4 of
Section 11, Township 29 South, Range 15 East.
TO HAVE AND TO HOLD? said non-exclusive easement unto said
Grantee forever, subject to the following conditions:
1. Grantee shall have the right of ingress and egress over
and upon the Easement Premises at all times for the purpose of
installing, constructing, operating, inspecting, maintaining and
repairing its electric energy distribution facilities. The Grantee
shall have the night to clear and keep clear the Easement Premises
of all trees, undergrowth, or other obstructions which might
interfere with the use Of the easement.
Page 1 of 3
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2. The grant of this easement shall in no way restrict the
right and interest of the Grantor in the use, maintenance and quiet
enjoyment of the Easement Premises to the extent that such use does
not interfere with the rights granted herein.
3. The Grantee shall defend, indemnify and hold harmless the
Grantor from and against all claims, damages, losses and expenses,
including attorneys, fees, arising out of or resulting from the use
by the Grantee of the easement granted herein, other than claims,
damages, losses and expenses arising from the sole negligence of
the Grantor.
4. At all times during the term of this easement, the
Grantee shall maintain all of its structures, improvements,
facilities, pipes, lines, and related equipment located, installed
or constructed within the Eastment Premises, in a safe and
servicable condition.
5. If the Grantee shall at any time abandon or cease using
the Easement Premises for the purposes contained herein, this
easement shall terminate and revert to the Grantor.
6. Upon termination of this easement for any reason, the
Grantee shall, at the request of Grantor and at the expense of
Grantee, restore the Easement Premises to the condition that
existed at the time of the granting of the easement.
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 seal to be hereunto affixed and
attested as of the day and year first above written.
Countersigned:
Rita Garvey
Mayor- Commissioner
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Wright
City Manager
Attest:
cynthYa E. Goudeau
City Clerk
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Page 3 of Easement Agreement between the CITY OF CLEARWATER,
FLORIDA and FLORIDA POWER CORPORATION dated ,
1993 regarding a power distribution easement in Sections 10 and 11,
Township 29 South, Range 15 East, Pinellas County, Florida
STATE OF FLORIDA
COUNTY OF PINELLAS )
BEFORE ME,,the undersigned, personally appeared Rita Garvey,
the Mayor - Commissioner of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this —day of
,1993..
Notary Public
Type /Print Name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the' undersigned, personally appeared Michael J.
Wright, City Manager of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein
set forth and who is personally known to me.
WITNESS my hand an official seal this day of
1993
Notary Public
Type /Print Name:
Approved as to form and correctness:
M. A. Galbraith, Jr., Clty Attorney
Page 3 of 3
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