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8G AGENDA ITEM #SG OCTOBER 13, 2003 CITY of ATIarTIC I3EACg CITY-COMIVIISSION'MEETING STAFF REPORT AGENDA ITEM: Authorize the City Manager to sign an agreement with BellSouth to use a 20' x 20' easement at Veteran's '.Memorial Park:. SUBMITTED BY: Timmy Johnson,Parks & Recreation Director. DATE: September 15, 2003 BACKGROUND: Staff received a request from BellSouth to use a 20',x 20' portion of theeasement at Veteran's Memorial Park to install. a telephone junction hox. Staff reviewed the request and with landscaping, this area would nobaffect the park in any way. BUDGET: None RECOMMENDATION:. Authorize the City Manager to sign an agreement with BellSouth to use a 20' x20' easement at Veteran's MemorialPark ATTACHIVIENTS: Contract from BellSouth REVIEWED BY CITY MANAGER:' AGENDA ITEM #8G OCTOBER 13, 2003 STATE OF FLORIDA COUNTY OF Duval 8416-c-FL (12-95~- (Return document to the BellSouth address on back) EASEMENT For and isconsideraflon of Ten. dollars ($ 10.00 ) and other goad and valuable consideration, the adequacy and receipt of which is hereby acloiowledged, the undersigned owner(s) of the premises descnbed below; fieceinafter referred to as Grantor, do(es).hereby grant to BELLSOUTH TELECOMMiTNICATIONS, INC.; a Georgia corporation, its licensees, agents successors, assigns, and allied and associated companies; hereinafter referred to as Grantee, an easement to construct, operate, maintain; add, andlor remove such systems of communications, facilities, or related services as the Grantee may from time to time require upon, over, and under a portion of the lands described in Plat Book 18 page 34 Duval. County, Florida Records, and, to the fullest extern the grantor has the power to grant upon; over, along, and under the roads, streets, or highways adjoining or through said property. The said easement is more particularly descn'bed as follows: All that tract: or parcel of land lying in Section 18-34 ,Township 38-25 Range 29E Duval County; State of Florida, consisting of a 20: ft X 20 ft Easement as descrbed in the attatched Exhibit "A" fa Certified Survev} The following rights. are also granted: the exclusive right to allow any other person, firm, or corporation to attach wires or lay cable or conduit or other appurtenances upon, over, and under said easement. for cpmm,m;~ons or elechic power transmission or distribution; ingress to and egress from said easement at all times; the right, but not the obligation;. to clear the easement and keep it cleared of all trees, undergrowth, other obstructions; the. right,. but no[ the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines ar systems of communications or power transmission or distribution; the right to relocate said facilities, systems of communications or reLtted services on said lands to conform to airy future highway relocation, widening; or improvements; To have.and to hold the above granted easement unto BellSouU1 Telecommunications, tnc., its licenses, agents; successors, assigns,. and allied and associated companies forever and in perpetuity. Grantor warrants that grantor is the. true owner of n~cord of the above described land on which the aforesaid easement is granted: SPECIAL STIPULATIONS OR CO1vIMENTS: The following special stipulations shall control in the event of conflict. with a~ of the foregoing easement Grantee Aerees to landscape the Easement Area atthe time of theplacement of eaniument AGENDA ITEM#8G ' OCTOBER 13, 2003 IN WITNESS, whereof," the undersigned has caused this instnment to be executed on the_day of , 2003. 'Signed,. sealed, and delivered City of Atlantic Beach Florida in the presence of: By: Witness Title: Attest: Witness State of Florida ..County of I HEREBY CERTIFY that personally appeared before me and acknowledged that he/she was the same. The foregoing instrument was acknowledged before me this day of 2003 by , who is personally known to me or has produced as identification and who did/did nottake an oath WITNESS my hand and official seal in the Coutny and State last aforesaid this day of Notary Public Print Name Comnrission Number. My Comndssion Expires: Grantor's Address: Grantee's Address: City. of Atlantic. Heath BellSouth Telecommunications,.Inc 800 Seminole Aoad °!° PTE, Inc. Atlantic Beach, Florida 4221 Baymeadows Road, Suite 13 7acksomille, Florida 32217 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS iNC District Wire Center Authority Drawing Location P1atNumber R/WNumber ApptoVal- Title