PROGRESS ENERGY
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DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and
assigns ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, did grant
and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a
Florida corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors,
lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in
perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication
systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said
facilities being located in the following described "Easement Area" within GRANTOR'S premises inPINELLAS
County, to wit:
A 10 foot wide Easement Area defined as lying 5 feet on each side of Grantee's facilities to be
installed at mutually agreed upon locations over, across and through the following described property to
accommodate present and future development.
(CHI CHI RODRIGUEZ YOUTH FOUNDATION LEASE) Part of the West 1/2 of the Southwest SW ~
of Section 21, Township 28 South, Range 16 East, less the East 580 Feet of the West 1243 feet (S) of the
North 930 Feet and LESS the East 101Feet of the West 1245 feet (S) of the South 121 feet LESS road on
the East.
Tax Parcel Number: 21/28/16/00000/320/0000
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to
patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to
restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs,
alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation, operation or
maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change
the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs,
undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and
efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or
remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE,
endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the
reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose
of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for
GRANTEE's safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use
of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to
entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to
others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict
with the rights granted to GRANTEE herein.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be
located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so
as to allow ready access to GRANTEE's facilities and provide a working space of not less than six feet (6') on the
opening side and one foot (1') on the other three sides of any pad mounted transformer. If GRANTOR's future orderly
development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, within 60 days after
receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in
GRANTOR's premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE
the full expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall execute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of
the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This legal
description was provided by GRANTOR. In the event facilities are located outside of this legal description,
GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual
facilities.
This docmnent prepared by R. Alexander Glenn
Retwn to: Progress Energy Florida, Inc.
3300 Exchange Place
Lake Mary, Florida 32746
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GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in
GRANTOR's premises, and GRANTOR further covenants, subject to the limitations and restrictions of F. S.
768.28, the Florida Sovereign Immunity Statute, to indemnify and hold GRANTEE harmless from any and all
damages and injuries, whether to persons or property, resulting from interference with GRANTEE's facilities by
GRANTOR or by GRANTOR's agents or employees.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all
losses, claims or damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to
exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities
located on the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of fee simple title to
the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and
lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and
peaceful possession, use and enjoyment of this easement.
All covenants, terms, provisions and conditions herein contained shall inure to and extend to and
be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its name
by its proper OffiC~~ duly authorized and its official seal to be hereunto affixed and attested this
;U~day of , 2007.
Countersigned:
.:f~ K~~
~k V. Hibbard, Mayor
CITY OF CLEARWATER, FLORIDA
By: d).~....a. Jk.-...,... :n:
William B. ~iie,' ~I,.:ofty !':1aJlager
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STATE OF FLORIDA
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COUNTY OF PINELLAS
WITNESS my hand and official seal this ~ ~ day of
,2007.
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Notary Public
Print/Type NamJ /a'1~ t. H41'1/1I
My commission expires:
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(407) 398-0153
DIANE E MANNI
MY COMMISSION # 00526033
EXPIRES: Mar, 6. 2010
Florida No1aIy Servlce.com
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, the 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 and official seal this \ 8~ay of O~\o..e..r
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,2007.
My commission expires:
Notary Public
Print/Type Name
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This is not a survey
EXHIBIT
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CITY OF CLEARWATER. FLORIDA
ENGINEERING DEPARTMENT
LEGAL SKETCH
PROGRESS ENERGY
DISTRIBUTION EASEMENT
AREA
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D. KING
.... NO.
LG1.2007-05
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E. BARRETT
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9/05/07
SECT-TWYlNO
21-2BS-1SE
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N/A
201A