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HomeMy WebLinkAbout1649 , ~ . h y` • _y~ i ~ ,~s i~+w~rt M~ w~~~?R~a er~ 184531 I SPENCER 8. GILBERT. Attornoy ~t lew ~ i SE~D S1RE~T. FT. PIEtC4 fU~ 33~ E A S E M E N T THIS INDENTIJRE, made this ~ day of October, 1969, between SPENCER B. GILBERT, Trustee Grant~r"), as grantor, and CITY OF FORT PIERCE, a municipal corporation of the State of Florida, and SOUTfiERN BELL TELEPHOiNE AND TELEGRAPH C0~'ANY ("Grantees"), as grantees. WI~iES&ETH (A) WHEREAS, Grantor is the owner in fee of a tract of land in the City of Fort Pierce, Caunty of St. Lucie and State of Florida, wh~ch tract of land is described in Schedule A attached hereto, incorporated herein and by this reference made a part hereaf; and (B) WHEREAS, Grantor has requested Grantees to maintain any and all electric, gas and telephone facilities ("Facilities") naw or hereafter located within a portion of said land described in Schedule A(said portian of land hereinafter sometimes referred as as the "Easement Area") which portion of land is described in Schedule A; and (C) WHEREAS, Grantees will maintain the Facilities as their sole cost and expens~e; and (D) WHEREAS, Grantees are desirous of obtaining an easement ~ for their maintenance of the Facilities, in accordance with all applicable local, state and national codes and regulations; and (E) WHEREAS, the grantee, SOUTHERN BELL TELEPHONE AND TELEGRAPH C~ANY, its associated and allied companies, their respective licensees, successors and assigns, have~the right to caastruct, aperate and maintain a line of com~unicatian consisting of such poles, wires, cables, conduits, guqs, anchors and other necessary appurtenances as from time to time are requixed upon, across, over and/or under that certain tract of land as described in Schedule A. ~ NO~W, THEREFORE, for and in consideration of the mutual bene~its ~ hereunder and all mutual covenants and conditions contained herein, ` Grantor does hereby grant and convey to Grantees, for such period E of time as he may require the use of the premises or vatil the ~ use thereof is abandoned by Grantees, the non-exclusive right, privilege and easeunent to (1) maintain the Facilities located on, over, across, thru and under Easemeat Area; and (2) gttain ingress ~ and egress to and upaa the Easement Area for the purpose af exercising ~he rights and privileges herein granted. Grantor and G~antees agree as follows: 1. Grantees shall have the right to inspect and repair the Facilities, together with the rights and privileges neces- ~ sary and convenient thereto. ~ ~ 2. Grantor shall not utilize the areas in which the Facilities are located i~} anq way or manner which would (1) create a dangerous condition with respect to the Facilities, or (2) create any interference with the repair and safe main- tenance thereof, or (3) not meet recognized standards of engineering practices and procedures. . - 3. Grantor and Grantees each covenant to inde.~mify and hold ~ 600K~~O PACE16~ , ~ - • ; ~ , -