FLORIDA GAS TRANSMISSION COMPANY
RETURN TO:
Doyle Sims
Universal Field Services, Inc,
601 S, Lake Destiny Dr" Suite 450
Maitland, FJ. 32751
RE: Pinellas County Parcel
07-29-16-00000-140-0400
W. 0, No,; C,015643
Line No,: 12" St. Pete @ U, S, 19
Field No.: 02-050
II GAS PIPELINE EASEMENT II
J
THIS EASEMENT made this ~ day of ,2003 by the CITY OF
CLEARWATER, a municipality of the State of Frida, Gr ntor, to the FLORIDA GAS
TRANSMISSION COMPANY, a Delaware corporation, with princ pal offices at P. O. Box 945100,
Maitland, Florida 32794-5100, its successors and assigns, Grantee.
WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars
($10,00) and other valuable considerations paid, the receipt and sufficiency of which is hereby
acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual
easement, within, under and through the following described land in Pinellas County, State of
Florida, for the purposes of SUBSURFACE CONSTRUCTION. INSTALLATION. TESTING.
MAINTENANCE. REPAIR. ALTERATION AND REPLACEMENT OF ONE 12-INCH NATURAL
GAS TRANSMISSION PIPELINE:
That part of the Northeast % of Section 7, Township 29 South, Range 16 East, Pinellas
County, Florida, described and depicted in EXHIBIT "A" (2 pages) appended hereto and by
this reference made a part hereof ("easement premises").
TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns
forever, provided always, that in every instance of the exercise of rights granted herein, whether
for construction, installation, maintenance, repair, alteration, replacement, or any other purpose
consistent with said rights, Grantee shall, at Grantee cost and expense, restore the easement
premises to equal or better condition as existed immediately prior to the exercise of said rights.
FURTHER, in the exercise of its rights hereunder, Grantee: (a) shall construct and install
one twelve-inch (12") natural gas transmission line utilizing off-site directional bore drilling
technOlogy to construct and install said line at a minimum depth of twenty feet (20') below the
lowest grade level of Grantor's existing thirty-inch (30") sanitary sewer interceptor line; (b) shall
not enter upon or in any way create or otherwise cause to occur any surface impacts within the
easement premises or to Grantor's abutting property; (c) shall not damage or in any way impact
Grantor's existing sanitary sewer interceptor line, nor create any condition that in and of itself may
cause future damage to Grantor's existing sanitary sewer interceptor line or to any other utility or
drainage facility Grantor may reasonably construct, install and maintain therein, or to Grantor's
abutting property.
W. O. No.: C.015643
Line No.: 12" St. Pete @ U. S. 19
Field No,: 02-050
GRANTEE SHALL HOLD HARMLESS AND INDEMNIFY GRANTOR against all
liabilities, expenses and losses as may be incurred by Grantor arising out of or related to this
grant or easement, including but not being limited to (a) failure by Grantee, or its agents, to
perform any provision, term, covenant or agreement required to be performed by Grantee in
consideration of this grant of easement; (b) any occurrence, injury or personal or property damage
which shall occur upon or about the easement premises or its appurtenances resulting from the
condition, maintenance, construction and operation therein as authorized hereby; (c) failure to
comply with any requirements of any governmental authority, bonding or insuring company; (d)
any security agreement, conditional bill of sale, chattel mortgage, mechanics liens connected with
Grantee's activities and operations undertaken pursuant to this easement grant; and (e) any and
all improvements, their construction, alteration, maintenance, repair, replacement within and
through the easement premises. Such covenant to hold harmless and indemnify Grantor shall
include reasonable attorneys fees for all proceeding, trials and appeals as may result from
Grantee default.
IT IS MUTUALLY AGREED that this easement grant embodies all prior, current and
future representations and agreements between the parties with respect to the rights, privileges
and obligations it may impose on the parties, and that there are no other representations,
statements or statements, oral or written, between the parties unless incorporated or referenced
herein. It is further agreed that the rights and privileges granted hereby, and the obligations
imposed, may be assigned in whole or in part by Grantee following written notice to Grantor and
Grantor's written approval of such assignment, which shall not be unreasonably withheld. If
Grantor's written response regarding assignment is not delivered to Grantee within 15 business
days following receipt of notice, it will be deemed that Grantor's approval has been given.
THE RIGHTS GRANTED HEREIN SHALL BE PERPETUAL and irrevocable except by
the mutual written agreement of the parties, or abandonment of the easement premises by
Grantee.
IT IS EXPRESSLY UNDERSTOOD AND AGREED that Grantor reserves unto itself, its
successors and assigns forever, all rights of ownership of the easement premises not inconsistent
with the easement rights herein conveyed to Grantee.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in
its name by its City Manager, countersigned by its Mayor-Commissioner, attested by its City Clerk,
and its official seal hereto affixed, the day and date first above written.
Countersigned:
OF CLEARWATER, FLORIDA
:-It
ATTEST:
- z. )J. .Q..,
. Goudeau, City Clerk
2
W. O. No.: C.015643
Line No.: 12" St. Pete @ U. S. 19
Field No.: 02-050
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor-
Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me. ':ft..,..
WITNESS my h d and official seal this ~ day of 0va /"J/\./ , 2003
~.~ ~
Print/type name:
STATE OF FLORIDA
t;CiA'::,,: rt:~Wl..s'rArE oF' FLORIDA
'I kt~jl ~H I. BRINK
t8~t:::i1,SIRNII CCB3'1676
,..".. .".r-',RES emJ:!OO'3
n():I~:::; lk>iU AliA 1 ,U811.NOTARY1
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, City Manager of
the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth, and who
is personally known to me.
'f-t-
WITNESS my hand and official seal this (7 day of
of.~
Notary Public - S e of Florida
~
,2003.
Print/type name:
;.:Ll~;~;L~
3
EXHIBIT "A"
(Page 1 of 2)
Legal Description: Gas Pipeline Easement
An easement extending over, under and across a tract of land being a portion of the SE% of
the NE~ of Section 7, Township 29 South, Range 16 East, Pinel/as County, Florida, said tract
of land being that property described in Official Records, Volume 3642, Page 416, Pinel/as
County, Florida, and being more particularly described as follows:
COMMENCING, at the Southeast corner of the Northeast Quarter of Section 7, Township 29
South, Range 16 East, same point being in the centerline of U. S. Highway 19;
THENCE, South 89052'54" West, along the South line of the Northeast Quarter of Section 7,
120.01 feet to a point on the West Right-of-Way line of U. S. Highway 19, said point being the
Southeast corner of said tract;
THENCE, North 00046'55" East, along said Right-Of-Way line, same being the East line of said
tract, 305.94 feet to the POINT OF BEGINNING;
THENCE, North 81032'49" West, 181.64 feet to a point;
THENCE, North 81011 '09" West, 656.44 feet to a point on the East Right-of-Way line of a
Florida Power Corporation 230 wide easement, same being the West line of said tract;
THENCE, North 00034'59" East, along said Right-of-Way line, same being the West line of
said tract, 30.31 feet to a point;
THENCE, South 81011 '09" East, 659.76 feet to a point;
THENCE, South 85003'09" East, 84.45 feet to a point on the South Right-of-Way line of CSX
Transportation Railroad, same being the North line of said tract;
THENCE, South 81015'03" East, along said Right-of-Way line, same being the North line of
said tract, 251.16 feet to a point on said West Right-of-Way line of U. S. Highway 19, same
being the East line of said tract;
THENCE, South 00046'55" West, along said West Right-of-Way line of U. S. Highway 19,
same being the East line of said property, 24.52 feet to the POINT OF BEGINNING, and
containing 28,731.88 square feet or 0.660 acres, more or less.
EXHIBIT "A"
(Page 2 of 2)
This is not a survey
Not To Scale
Pipe line Easement
CSX Railroad
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I~'- CITY or CLEARWATER, FLORIDA
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See 7-29-16