CONSENT OF EASEMENT TO USE CORPS OF ENGINEERS RIGHT-OF-WAYDEPARTMENT OF THE ARMY
CONSENT TO EASEMENT
TO USE CORPS OF ENGINEERS RIGHT-OF-WAY
Consent No. DACW17-9-09-0073
Project: Intracoastal Waterway,
Caloosahatchee River to Anclote
River, Pinellas County, Florida
Tract No. 4700E
THIS CONSENT TO EASEMENT AGREEMENT, made by and between the
UNITED STATES OF AMERICA, DEPARTMENT OF THE ARMY, hereinafter
referred to as the "Government", acting by and through the Chief,
Real Estate Division, U.S. Army Corps of Engineers, Jacksonville
District, hereinafter referred to as "said officer," and the City
of Clearwater, Florida, hereinafter referred to as the "Grantee":
WHEREAS, the Government has acquired a right-of-way easement
over the above-numbered tract of land, which easement, by its
terms, reserves to the Government, in perpetuity, the right to
use said easement for the construction, improvement, and
maintenance of the Intracoastal. Waterway, Caloosahatchee River to
Anclote River, Pinellas County, Florida; and
WHEREAS, the Grantee has requested permission to construct,
use, maintain, repair and remove a multi-slip docking facility,
in, on, across, over, and under a portion of the lands identified
as Tract No. 4700E, Section 16, Township 29 South, Range 15 "East,
Pinellas, Florida. The area comprising 3.2 acres, more or less;
is shown in red. on Exhibit "All attached hereto and made a part
hereof.
NOW THEREFORE, this consent is granted and accepted under
the following conditions:
1. That it is understood that this consent is effective only
insofar as the property rights of the Government in the land to
be occupied are concerned, and that it does not relieve the
Grantee from the necessity of obtaining grants from the owners of
the fee and/or other interests, therein, nor does it obviate the
requirement that the Grantee obtain State or local assent
required by law for the activity authorized herein.
2. That any proposed improvements or use authorized herein shall
not be commenced until appropriate rights shall have been
obtained by the Grantee from the record owners and encumbrancers
of the fee title to the lands involved, or until the Grantee has
obtained all Federal, State, or local permits required by law.
3. That the proposed improvements or use authorized herein shall
be consistent with the terms and conditions of this consent; and
that any improvements or use not specifically identified and
authorized shall constitute a violation of the terms and condi-
tions of this consent which may result in a revocation of this
consent and in the institution of such legal proceedings as the
Government may consider appropriate, whether or not this consent
has been revoked or modified.
4. That the exercise of the privileges hereby consented to shall
be without cost or expense to the Government and under the super-
vision of and subject. to the approval of the said officer having
immediate jurisdiction over the property and subject to such
regulations as he may from time to time prescribe, including, but
not limited to, the specific conditions, requirements, and
specifications set forth in paragraph 14 below.
5. That the Grantee shall supervise and maintain the said
improvements and cause it to be inspected at reasonable
intervals, and shall immediately repair any damage found therein
as a result of such inspection, or when requested by said officer
to repair any defects. Upon completion of the installation of
said improvements or the making of any repairs thereto, the
premises shall be restored immediately by the Grantee, at the
Grantee's own expense, to the same condition as that in which
they existed prior to the commencement of such work, to the
satisfaction of said officer.
6. That any property of the Government damaged or destroyed by
the Grantee incident to the exercise of the privileges herein
granted shall be promptly repaired or replaced by the Grantee to
the satisfaction of the said officer, or in lieu of such repair
or replacement, the Grantee shall, if so required by said officer
and at his option, pay to the Government an amount sufficient to
compensate for the loss sustained by the Government by reason of
damage to or destruction of Government property.
7. That the Government shall not be responsible for damages to
the property or injuries to persons which may arise from or be
incident to the exercise of the privileges herein granted, or for
damages to the property of the Grantee, or for damages to the
property or injuries to the person of the Grantee, or the persons
of Grantee's officers, agents, servants, or employees, or others
2
who may be on said premises at the invitation of the Grantee or
the invitation of one of them, arising from Governmental activi-
ties on or in the vicinity of the said premises, and the Grantee
shall hold the Government harmless from any and all claims to the
extent allowed by law.
8. That the Government shall in no case be liable for any
damage, either hidden or known, to any improvements herein
authorized which may be caused by any action of the Government,
under the rights obtained in its easements, or that may result
from the future operations undertaken by the Government, and no
claim or right to compensation shall accrue from such damage, and
if further operations of the Government require the alteration or
removal of any improvements herein authorized, the Grantee shall,
upon due notice, from said officer, alter or remove said improve-
ments without expense to the Government and subject to the
supervision and approval of the said officer and no claim for
damages shall be made against the Government on account of such
alterations or removal.
9. That construction and/or operation, maintenance, and use of
any improvements incident, to the exercise of the privileges
herein granted shall be in such a manner as not to conflict with
the rights of the Government, nor to interfere with the
operations by the Government under such rights nor to endanger
lives and safety of the public.
10. That this consent may be terminated by the Government or
said officer upon reasonable notice to the Grantee if the Govern-
ment or said officer shall determine that any improvements or use
to which consent is herein granted interferes with the use of
said land or any part thereof by the Government, and this consent
may be annulled and forfeited by the declaration of the Govern-
ment or said officer for failure to comply with any or all of the
provisions and conditions of this consent, or for nonuse for a
period of two (2.) years, or for abandonment.
1.1. That upon relinquishment, termination, revocation,
forfeiture, or annulment of this consent, the Grantee shall
vacate the premises, remove all property of the Grantee
there from, and restore the premises to a condition satisfactory
to the said officer. If the Grantee shall fail or neglect to
remove the said property and so restore the premises, then at the
option of the Government or said officer, the said property shall
either become the property of the Government without compensation
therefor, or the Government or said officer, may cause it to be
3
removed, and the premises to be so restored at the expense of the
Grantee, and no claim for damages against the Government, or its
officer or agents, shall be created by or made on account of such
removal and restoration.
12. That the Grantee within the limits of its respective legal
powers shall comply with all Federal, interstate, State, and/or
local governmental regulations, conditions, or instructions for
the protection of the environment and all other matters as they
relate to real property interests granted herein.
13. That the Grantee shall not remove or disturb, or cause or
permit to be removed or disturbed, any historical, archeological,
architectural, or other cultural artifacts, relics, vestiges,
remains, or objects of antiquity. In the event such items are
discovered on the premises, the Grantee shall immediately notify
the District Engineer, Jacksonville District, Post. Office Box
4970, Jacksonville, Florida 32232-0019, and the site and the
material shall be protected by the Grantee from further
disturbance until a professional examination of them can be made
or until a clearance to proceed is authorized by the District
Engineer.
14. That construction shall be in accordance with the drawings
attached hereto and made a part hereof as Exhibit "B" and to
Department of the Army Permit no. 2007-4553, incorporated herein
by reference. That no additional structures shall be constructed
water ward of the Government's right-of-way line and that any
structures currently within the right-of-way must be removed by
the Grantee, at Grantee's expense, if future needs of the
Government so require.
15. That this consent may not be transferred to a third party
without the prior written notice to the Chief, Real Estate
Division, U.S. Army Corps of Engineers, Jacksonville District,
Post Office Box 4970, Jacksonville, Florida 32232-0019, and by
the transferee's written agreement to comply with and be bound by
all the terms and conditions of this consent. In addition, if
the Grantee transfers the improvements authorized herein by
conveyance of realty, the deed shall reference this consent and
the terms and conditions herein and the consent shall be recorded
along with the deed in the Registrar of Deeds or with other
appropriate official.
This consent is not subject to Title 10, United States Code,
Section 2662.
4
IN WITNESS WHEREOF, I have hereunto set my hand, by
authority of the Secretary of the Army, this 015A day of
?J h 2009.
UNITE S OF 7
A
BY:
Witness
Print Name :
1) 1) h YVVI
ness
Print Name:
Appr ved as to form:
L ura Mahony
Assistant City Attorney
rhHN M. BAKER
ief, Real Estate Division
U.S. Army Engineer District
Jacksonville, Florida
AGREED TO AND ACCEPTED
CITY OF CLEARWATER, FLORIDA
BY:
William B. Hdrne II
City Manager
ATTEST:
CGoudeau, City Clerk
cl?
rqE
Q
5
VEERS - - -
TRACT REGISTER OFACQUISITION AFTER I JAN. 1443 (CIVII
I LANDOWNER
^ C 4
z r u A O v r
sr
Ir
'Est....•.,
S L?-SI •.' ?? 72
SSA •-fa
qle
Q .
rx +s Al•
?ooo oe'
r
`. fs
7
e 1
1
1 /
i4 44
r/ y? 'rte// A
R /
A
E
L
C
EXHIBIT "A"
1 { I
i
I - 1 ? I
I ?? is I
I ;
i I
I IL;
t:
I t? ? I
?I na ,
B
¢I
1
1.? I
I ? I
I E I
I? I
I I
I I
I I
I I
I I
I I
I I
I. ?
i
i
I 'I
I
I I I
1 I
I I ?
I I
I I.
I I
I I
I I
I 1 '
I I ?
I
I i
1 g?? I
I i? I
I 1 '
W
a = ?
€ w
c
c
I rt
C
Y
v
0
a
1CJ i
f
I
^
s
C : a
pt a
t a ¦ ? e ? aax
P9 ?3
k4 a?
Y? ?
$
? m Y A C ?J p p g A ss
CCC
C
tl0 C
d C ? ?
n
?V
? 0
711-
14
r2
m tlw`
i
§e e
e O
U
Y
Y6???ta+? 1p ?
gg d?
?BP? 6
z
A ?g ? ?
S ?
h w
h
Q ®- W 3
O ? ?
.?n aE?
a
=o x
jj
lit
If
? 0.
E?d
J ?O° n r?
a
o ?€
?? a da,
E
e
J L,-] NO
O c CQ? _
e ,Q1
L J
I ?I
P
I :
I
es , ?° r ;?g;rr
I FIT"
?r
1 I
I ?
I I ?
I
OPM
I ? I 3 7¢r _
? e
I g
1 .•
I I r -
1
I
I I ` t.i
I s:q?
, I ?wr
J. 9.u
I
1} 1 i'
I ::w ,
I ;
1 1 =+? I
I I, -
I
I e • i.•
1 ' i?fijx• ' , r
it I
,
1. ?1
1
I w
1
1
1 ?
1
I I qSpI Y?'•S:
1 b OY
1 c
1
I
I A
I 1 ?• S
I ? I •
1 :NN b
,
' Q L
1 Cr
g39i?rn .,,.
o w
a?
s
tl
it a gP
?
'
5 p? ae ?l ?i s gg a
y
s
:C
m } ?x o l
f' ? ?= ? e ?e
xrx
a,w
?3e ,try "e X e i 3` ?r : 9 ?
M41) VIE
aI 14S'
00.6 15
..? ?r7T' v R ??
??
A ??
i %A
L
4i, Im-
a
all
' pb
o m ?; -------------- --