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<br />~ Progress Energy <br /> <br />DISTRIBUTION EASEMENT <br /> <br />KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns <br />("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, did grant and <br />convey to FLORIDA POWER CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC., a Florida <br />corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, <br />licensees, transferees, permittees, apportioners, and assigns, an easement to install, operate and maintain in perpetuity, <br />such facilities as may be necessary or desirable for providing electric energy and service and communication systems, <br />whether to telecommunication providers or other customers by GRANTEE or others, said facilities being located in, on, <br />over, under or across the following described "Easement Area" within GRANTOR'S premises in Seminole County, to <br />wit: <br />A 10 foot wide Easement Area defmed as lying 5 feet on each side of Grantee's facilities to be installed at mutually <br />agreeable locations over, across and through the following described property to acconunodate present and future <br />development <br /> <br />Legal Description of property as follows: situate in Section 8, Towoslùp 21 South, Range 30 East and being Lot I <br />Casselberry Municipal Center, according to the plat recorded in Plat Book 15 at Page 28 of Public Records of Seminole <br />County, Florida. <br /> <br />Tax Parcel Number: 08-21-30-523-0000-0010 <br /> <br />The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to <br />patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; (b) the right for GRANTEE to <br />increase or decrease the voltage and to change the quantity and type of facilities; (c) the right for GRANTEE to clear the <br />Easement Area of trees, lirobs, undergrowth and other physical objects wlùch, in the opirtion of GRANTEE, endanger or <br />interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the right for GRANTEE <br />to triro or remove any timber adjacent to, but outside the Easement Area which, in the opirtion of GRANTEE, endangers <br />or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right <br />for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the <br />rights herein granted; and (1) all other rights and privileges reasonably necessary or convenient for GRANTEE's safe <br />and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for <br />the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the <br />provision of electric energy and service and the GRANTOR reserves the right to grant rights to others affecting the said <br />easement area provided that (I) notice is first given to GRANTEE and (2) in the reasonable judgment of GRANTEE, <br />such rights do not create a dangerous or unsafe condition or unreasonably conflict the rights granted to GRANTEE <br />herein. <br /> <br />GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be <br />located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as <br />to allow ready access to GRANTEE's facilities and provide a working space of not less than six feet (6') on the opening <br />side and one foot (1') on the other three sides of any pad mounted transformer. If GRANTOR's future orderly <br />development of the pn:mnses is in physical conflict with GRANTEE's facilities, GRt\NTEE shaH, within 60 days after <br />receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in <br />GRANTOR's premises, provided that prior to the relocation of said facilities (a) GRANTOR sball pay to GRANTEE <br />the full expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall execute and deliver to <br />GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities and such other property <br />as deemed necessary by Grantee. Upon the completion of the relocation, the easement herein shan be considered <br />cancelled as to the portion vacated by such relocation. Tlùs legal description was provided by GRANTOR. In the event <br />facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall <br />amend this legal description to include the actual facilities and necessary property. <br /> <br />This document prepared by: Marva Taylor <br />Retum to: Progress Energy Florida, Inc. <br />3300 E::<change Place <br />Lake Mary, Florida 32746 <br /> <br />£:><./¡,b,¡ <br />A- <br /> <br />0 ¡fJ <br />00 <br /> " <br />N ~ <br />- <br />W ~ <br />0 ~ <br />C/O <br />I ('") <br />~ <br />r< <br />trj <br />~ ~ <br />0 <br />"" <br />~ % <br />C/O <br />C/O <br />~ <br />t!'1 <br />~ <br /> '" <br />- ~ <br />... <br />"" <br />00 <br />w <br />- ('") <br />V> "" <br />R<> <br />- <br />... <br />"" <br />00 <br />w <br />- <br />"" <br />