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HomeMy WebLinkAbout0764 THIt INSTRUAlEMT WAS PREPARED ~Y: 23Ap~~ 'SPENCER B. GIIBERT, Attorney at Law J~ 420 T. SECOND STREET , FT. PIGRCE, flA. 33i50 E A S E M E N T THIS INDENTLIRE, made this day of October, 1972, between PLEASURE COVE MOBILE HOME PARK, NC., a Florida corporation, as grantor, and CITY OF FORT PIERCE, a municipal corporation of the State of Florida, and SOUTHERN BEL~ TELEPHONE AND TELEGRAPH COMPANY, as grantees. WITNESSETH; (A) WHEREAS, Grantor is the owner in £ee of a tract of land in the City of Fort Pierce, County of St. Lucie and State of Florida, which tract of land is described in Schedule "A" attached hereto, incorporated herein and by this reference made a part hereof; and (B) WHEREAS, Grantor has requested Grantees to maintain any and all electric, gas and telephone facilities ("Facilities") now or hereafter located within a portion of said land described in Schedule "A" (said portion of land hereinafter sometimes referred to 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 expense; and (D) WHEREAS, Grantees are desirous of obtaining an easement for their maintenance of the Facilities, in accordance with a11 applicable local, state and national codes and regulations; and (E) WHEREA,S, the grantee, SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, its associated and al~ied companies, their respective licensees, successors and assigns, have the rigt~tto construct, operate and maintain a line of comimmication consist- ing of such poles, wires, cables, conduits, guys, anchors and other necessary appurtenances as from time to time are required »nnn; across_ over and/or under that certain tract of land as des- cribed in Schedule "A". NOW, THEREFORE, for and in consideration of the mutual benefits hereunder and all mutual covenants and conditions contained herein, Grantor does hereby grant and convey to Grantees, for such period of time asthey may require the use of the premises or until the use thereof is abandoned by Grantees, the non-exclusive right, privilege and easement to (1) maintain the Facilities located on, over, across, thru and under Easement Area; and (2) attain ingress and egress to and upon the Easement Area £or the purpose of exercising the rights and privileges herein granted. ; ; Grantor and Grantees agree as follows: ; 1. Grantees shall have the right to inspect and repair the ' Facilities, together with the rights and privileges _ necessary and convenient thereto. 2. Grantor shall not utilize the areas in which the Facilities are located in any 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 r~cognized standards of engineering practices and procedures. ! 3. Grantor and Grantees each covenant to inde~ify and hold ; ` -1- ! I I bUQK PA(,~ ! ~!`f I ~ f;~ , - ~ - -