FLORIDA POWER CORPORATION (7)
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ORIGINAL
O.R.651i NGE 1103
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EASEMENT AGREEMENT
871438'15
THIS EASEMENT AGREEMENT, Made this . 8th day of Apri 1 ,
1987, between FLORIDA POWER CORPORATION, a corporation of the State of
Florida, whose mailing 'address is P.O. Box 14042, St. Petersburg, Florida
33733, Party of the First Part, GRANTOR herein, and CITY OF CLEARWATER,
FLORIDA a municipal corporation of the State of Florida, P.O. Box 4748,
Clearwater, Florida 33518, Party of the Second Part, GRANTEE herein;
WITNESSETH: That the said GRANTOR, for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable considerations, in
hand paid by the GRANTEE, the receipt of which is hereby acknowledged, and
in consideration of the conditions and convenants herein contained, does
hereby grant unto GRANTEE. an easement and right-of-way for the sole
purpose of constructing and maintaining a 34 foot wide access road with 18"
Rep (sometimes hereinafter collectively referred to as "improvements") within
the following described Easement Area in the County of Pinellas and ~te~pf
Florida, to wit: ~ ~';,;
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A 34 -foot wide Easement Area lying within a certain
segment of GRANTOR's fee owned 225 -foot wide
transmission corridor traversing a north/ south course
through the NE 1/4 of SE 1/4 of Section 7, Township 29
South, Range 16 East, said 34 -foot wide Easement Area
more particularly depicted on sketch attached hereto as
Exhibit "A" and by this reference incorporated herein and
made a part hereof.
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GRANTEE shall have the right to inspect, repair and/or replace said
improvements, together with all rights and privileges reasonably necessary or
convenient for the enjoyment or use thereof for the purposes herein described,
subject, however, to the following terms and conditions to which GRANTEE
expressly agrees:
1. That GRANTEE shall notify Joseph G. Brown, Jr., GRANTOR's
Transmission Rights-of-Way Inspector (telephone 813/866-5109, Bt. Petersburg)
at least 48 hours before commencing initial construction activities within the
Easement Area so that, if desirable 'GRANTOR can have a representative
present to observe the activities.
2. That GRANTOR expressly reserves unto itself, its successors,
lessees and assigns, the continued right to occupy and utilize the said
Easement Area in any manner not inconsistent with GRANTEE's facilities.
3. Any costs, attorney's fees or expenses incurred by GRANTOR in
construing or enforcing this Easement Agreement shall be borne by the
GRANTEE.
4, That in the event GRANTEE should remove or abandon said
improvements, then the rights and privileges herein shall cease and terminate
and the Easement Area shall revert to GRANTOR in its entirety.
5. That GRANTEE's operations, activities and equipment used within the
Easement Area beneath or in proximity to any of GRANTOR's electric facilities
shall, at all times, be in strict compliance with applicable provisions of the
National Electrical Safety Code (NESC) and the Occupational Safety and Health
Act of 1971 (OSHA). GRANTEE is further notified and hereby agrees to so
notify any df GRANTEE's employees, agents, contractors, representatives or
other persons engaging in GRANTEE's activities upon said Easement Area with
GRANTEE's knowledge and under GRANTEE's supervision or control, that
extreme caution is necessary around all of GRANTOR's electrical facilities,
supporting structures, anchor guys or related appurtenances, and in the
event of any damages or injuries, GRANTEE shall immediately report the
nature and extent thereof to GRANTOR's Clearwater district office, telephone
813/443-2661, Clearwater, Florida.
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O.R.6511 P~GE 1104
6. That GRANTOR's consent to GRANTEE's use of the Easement Area is
limited. Such conditional and restricted consent creates privileges in the
GRANTEE to use the Easement Area only insofar as compliance with the
conditions herein is continued.
7 , That plans for any other utilities such as street lights, overhead or
underground utilities proposed for inclusion in the Easement Area must be
submitted to GRANTOR for prior approval.
8. That GRANTOR shall not be liable for damage to GRANTEE's
improvements howsoever, resulting from the use or occupancy of the premises
by GRANTOR, GRANTOR, however, shall not willfully cause undue damage to
said improvements. '
9, That GRANTEE, in and about the construction, operation, utilization
and maintenance of said improvements within GRANTOR's premises, and
GRANTEE so covenants, shall not therein interfere with the safe and efficient
operation and maintenance of GRANTOR's facilities.
10. That nothing contained in this grant of easement or contemplated is
intended to or shall increase GRANTOR's liability for personal injury or death
or for any property damage, and it is hereby expressly understood and agreed
by the GRANTEE (a) that GRANTOR does not assume any such additional
liability, (b) that liability arising out of the use and occupancy of the
Easement Area by GRANTEE, its employees, agents, contractors, or any
representative, is hereby assumed by GRANTEE and shall be at the sole and
exclusive risk of GRANTEE, (c) that GRANTEE shall answer and satisfy to
GRANTOR's satisfaction any and all complaints, (d) that GRANTEE shall, to
the extent permitted by State law, protect, defend, hold harmless and
indemnify GRANTOR from and against any and all actions, claims, damages
and/or loss, including costs and attorney's fees, occasioned by or growing out
of any actual or claimed usage or condition of the Easement Area arising in
any manner whatsoever, directly or indirectly by reason of this grant of
easement to GRANTEE for the use and occupancy of GRANTOR's premises by
GRANTEE, its employees, agents, contractors or any representative, and (e)
that GRANTEE covenants not to interfere with GRANTOR's facilities in any
manner whatsoever and shall fully indemnify GRANTOR from any and all losses
as in Section "( d)" above resulting from such interference.
11. That upon GRANTEE's breach of any condition contained herein, this
Easement Agreement after written notification by GRANTOR to GRANTEE of
such breach, and upon failure of GRANTEE to remedy or remove such breach
within a period of 5 working days after receipt of such written notification,
shall become null and void and all grants and rights contained herein shall
thereupon immediately terminate and revert to the GRANTOR in absolute, it
being expressly understood and agreed that the GRANTEE shall be liable for
any and all losses as mentioned in Paragraph 10 above occurring up to the
effective date of such termination. GRANTEE further covenants to reimburse
GRANTOR for any monies expended before or after termination by GRANTOR
to return the Easement Area to its original condition.
12. That this Agreement is personal to GRANTEE and shall not be
assigned or transferred in whole or in part without the express written
consent of GRANTOR.
13. That the validity of this Agreement is contingent upon GRANTEE
first obtainirtg proper zoning, authority, approval and/or permit from the
appropriate governmental body or public agency having jurisdiction over such
utilization at this location. If such zoning, authority, approval, and/or permit
is not secured, this Agreement will be considered null and void.
14. That upon completion of operations, GRANTEE shall notify
GRANTOR's Inspector of Transmission Rights-of-Way heretofore mentioned in
above Paragraph 1 for inspection of the Easement Area.
15. That the validity of this Agreement is contingent upon its being
properly executed on behalf of GRANTEE to signify GRANTEE's acceptance of
agreement to abide by the terms and conditions. Failure to sign this
Agreement and return the marked copy to GRANTOR within 30 days from the
date of agreement shall automatically render the Agreement null and void.
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O.R.6511 PAGE 1105
16. That GRANTEE furnish GRANTOR with a set of as built drawings
within thirty days of final construction.
17. That other than GRANTOR's facilities, no overhead wires, poles,
light standards, dumpsters, signs, trees, buildings, structures, signs or
obstacles shall be located, constructed, or installed within the right-of-way
strip without written approval by GRANTOR.
18, That GRANTEE shall assume the sole duty, responsibility and
obligation of mowing and otherwise maintaining the surface of the portion of
GRANTOR's right-of-way strip upon and across the land involved in a
condition compatible with the surrounding area.
19. The entire disturbed area within the right-of-way strip including
GRANTOR's patrol road shall be restored to a condition at least as good as
that which existed prior to construction.
20, That a free easily passable. twenty foot (20') wide accessway be
retained along the length of the right-of-way strip, on and across GRANTEE's
paving and to all transmission line structures for use by GRANTOR for
emergency access and for normal maintenance and patrol purposes.
21. That all excavations for GRANTEE's utilization be a minimum of fifty
feet (50') from the nearest edge of GRANTOR's transmission structures or
guying.
22. That no parking or storage occur under or near GRANTOR's
facilities.
23. That GRANTEE shall not use a dragline or cable type crane within
GRANTOR's right-of-way strip.
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24. That any and all pIpmg and/or culverts within GRANTOR's
right-of-way have sufficient cover to prevent breakage due to the operation of
GRANTOR's vehicles and heavy equipment within the right-of-way.
25. That no below ground grade drainage or facilities be installed
without GRANTOR's review and written approval.
26, That any shrubbery planted within the right-of-way strip shall be of
a variety not exceeding 12' in height.
27. That provision in NESC be adhered to regarding distances between
ground and conductors. Ground elevation must not be increased more than
two feet (2'),
28. If the easement area is fenced GRANTEE shall install a sixteen foot
(16') gate in the fence making that portion of the right-of-way accessible.
Gate should have a lock installed by GRANTOR.
29. That GRANTEE be responsible for clean up of any and all spills that
may occur within GRANTOR's property. Such spills must be reported to
GRANTOR immediately.
30, That GRANTEE shall notify GRANTOR's Superintendent of
Transmission Underground (Le" n.M. Falvey or his designated alternate, at
813/866-5729, St. Petersburg), at least 48 hours prior to GRANTEE's
performing any excavation within GRANTOR's right-of-way strip in order that
GRANTOR may arrange for an authorized representative to be on site to assist
in establishing the existing location of GRANTOR's underground fuel oil
pipeline and to observe all excavation activities in proximity to said pipeline
within GRANTOR's right-of-way strip.
31. That GRANTEE make special note of Guidelines involving GRANTOR's
oil pipeline attached as Pages 1 of 2 and 2 of 2 of Exhibit "B", by this
reference incorporated herein and made a part hereof, and GRANTEE shall
comply fully with said Guidelines.
32. That GRANTEE agrees to pay all costs for any necessary relocation
of GRANTOR's distribution facilities located within the Easement Area, After
acceptance and execution of this Easement Agreement GRANTEE shall notify
Richard T. Steele, GRANTOR's Manager of Clearwater Engineering and
Operations (telephone 813/441-1427, Clearwater) to arrange any relocation.
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o.R.6511 p~cr 1106
IN WITNESS WHEREOF, the aforesaid Parties have caused these
presents to be signed in their respective names by their proper officers
thereunto duly authorized and their respective corporate seals to be hereunto
affixed and attested, all as of th~ day and year first above written.
Signed, sealed and delivered
in the presence of:
FLORIDA POWER CORPORATION
(as GRA . ~R) C /
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Attest:
Signed, sealed and delivered
in the presence of:
Attest:
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Approved as to form
and correctness:
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STATE OF FLORIDA )
)ss
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this
of April ,1987, by Philip C. Henry
President and Ca thleen P. Kortrigh t as Assistant
FLORIDA POWER CORPORATION, on behalf of the corporation.
8 th day
as Vice
Secretary,
{NOTARIAL SEAL)
VJu~
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/,:\. Notary Public
Notary Public, State of Florida at large
My Commission Expires JUNE 28, 1990
My Commission Expires:
* * * * * * * * * * * * * * * *
STATE OF FLORIDA )
)ss
COUNTY OF PINELLAS )
12th
day
of
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ner
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( NOTARIAL SEAL)
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o.R.6511 P~GE 1108
Guide lines for Construction Crossings of the Bartow to
Anclote oil line
The Florida Power Corporation-Bartow to Anclote Thermal
insulated oil transport line has beer installed and is
operated in compliance with Title 49-Part 195 Federal
D.O.T. - Transportation of Li~uids by pipeline.
1.
Buried Structures - Crossing Situations
The minimum clearances required for crossing situations
of the B/A oil line and proposed other lines or struc-
tures follows: .
8. Maintain 12 ,inches of clearance between the oil
line and other pipes or structures being buried
and crossing the line.
b. When 12 inches of clearance is not practical,
provisions can be negotiated with Flortda Power
Corp. for 8 substitution of the 80il blrrier with
an approved barrier.
2. Minimum Soil Cover over B/A oil line
The minimum soil cover requirements at Rny location
along this Bartow to Anclote oil pipe line had been
established in compliance with Ferleral D.O,T. code
to be 48 inches, as referenced from top of the pipe
to ground level, road bed, river bottom, drain ditch
bottom, etc. Any variance in this minimum protective
soil cover must be negotiated with the Florida Power
Corp. for substitute, protective, equivalent approved
concrete structure Drawing . A-S-34-A-I.
3. Paralleling - Buried Structures
These are two standards of acceptabil,ity for parallel-
ing situationsl
8. Florida Power Corp. R/w , easements and other con-
trolled areas.
1) All paralleling of buried structures and other
pipes to the B/A oil line must maintain a
minimum of three (3) feet surface to surface
clearance.
b.
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All paralleling situations outside the control of
the Florida Power Corp. should request the minimum
three (3) feet surface to surface clearnace. Minimum
acceptable is one (1) foot surface to surfRce, pro-
viding adequate provisions are made for corrosion
control. (',... .
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12-16-00
Page 1 of 2
EXHIBIT "B'I
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O.R.6511 P~CE 1109
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, ],Z4,l!1 AOOlO MATERIAL LIST
CONCRETE PIPELINE
COVER SI.ABS ,u_, , ,___:~~_ ,
PROJECT .8ARTOJY-A/VCl..ore PIPElINE
FLORIDA POWER CORPORATION
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DRAWING NO. A -5 34 ~/I:- I,
Page 2 of 2
-EXHIBIT "8"