FLORIDA POWER CORPORATION
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S-94-14 1/26/95 JLR
ORIGINAL
EASEMENT AGREEMENT
TIllS EASEMENT AGREEMENT, Made this 20th day of February ,
1995, between FLORIDA POWER CORPORATION, a corporation of the State of Florida,
whose mailing address is P.O. Box 14042, St. Petersburg, Florida 33733, "GRANTOR" herein,
and, City of Clearwater, Florida,P.O. Box 4748, Clearwater, Florida 34618-4748, "GRANTEE"
herein;
WITNESSETH: That the said GRANTOR, for and in consideration of the sum of ($1.00)
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 covenants herein
contained, does hereby grant unto GRANTEE an easement and right-of-way for the sole purpose
of constructing, utilizing and maintaining a pipe from a raw water main from well site north to
Stag Run Boulevard and to place a permanent water well and monitor well, (sometimes
hereinafter collectively referred to as "improvements") within the following described Easement
Area and as depicted on sketched hereto attached as Exhibit" A" in the County of Pinellas and
State of Florida, to wit:
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:
A. 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.
B. That any costs, attorney's fees or expenses of litigation incurred by GRANTOR
in construing or enforcing this Easement Agreement shall be borne by the non-prevailing party.
C. 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.
D. That all of 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 of 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
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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 nearest local office.
GRANTEE further notes specifications pertaining to necessary precautions and requirements
within GRANTOR's premises. Said specifications attached hereto and marked Exhibit "B".
E. That the validity of this Agreement is contingent upon its being properly executed
on behalf of GRANTEE to signify GRANTEE's acceptance of and agreement to abide by the
tenns and conditions set forth herein. Failure of GRANTEE to sign this Agreement and return
the marked copy to FPC within 30 days from the date of the Agreement shall automatically
render the Agreement null and void.
F. That GRANTOR's consent to GRANTEE's use ofthe 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.
G. That the validity of this Agreement is contingent upon GRANTEE first obtaining
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.
H. That GRANTOR shall not be liable for any damages to GRANTEE's utilization
howsoever resulting from GRANTOR's continued use and occupancy of the Easement Area;
GRANTOR, however, shall not willfully cause undue damage to GRANTEE's utilization.
I. That GRANTOR's Transmission Rights-of-Way Inspector (i.e., Mr. Terry
Whitecar or his designated alternate, telephone 813/866-5109, St. Petersburg) shall be notified
by GRANTEE at least 48 hours prior to GRANTEE's commencing initial activities within the
Easement Area.
J. That GRANTEE shall comply with all federal, state and local laws, rules and
regulations in respect to the use of the Easement Area. GRANTEE shall not store, dispose of,
treat or generate any hazardous waste or hazardous substance on the Easement Area.
GRANTEE shall not use any hazardous substance on the Easement Area without the express
advance written approval from GRANTOR. Approval from GRANTOR shall be solely at the
GRANTOR's discretion. The terms "hazardous waste" or "hazardous substance" shall be as
defmed in 40 C.F.R. Part 261 and in 40 C.F.R. Part 300. Failure to comply with this
Paragraph "J" shall be cause for immediate cancellation of this Easement Agreement and
GRANTEE expressly agrees to be liable to GRANTOR pursuant to Paragraph "R(e)" for any
violation of this Paragraph "J".
K. That GRANTEE shall not use a dragline or cable type crane within GRANTOR's
Easement Area.
Page 2 of 4 Pages
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L. That GRANTEE shall adhere to proVISiOns in NESC regarding clearances
between ground level and electric conductors. Ground elevation must not be increased more
than two feet (2').
M. That if the utilization area is fenced GRANTEE shall install a sixteen foot (16')
wide gate in the fence making that portion of the right-of-way strip accessible. Gate should
have a lock installed by GRANTOR.
N. That GRANTEE shall assume the sole duty, responsibility and obligation of
mowing and otherwise maintaining the surface of the portion of the Easement Area in a
condition at least as good as the surrounding area.
O. That the entire disturbed area within the Easement Area, including GRANTOR's
patrol road shall be restored by GRANTEE to a condition at least as good as that which existed
prior to construction.
P. That upon completion of operations, GRANTEE shall notify GRANTOR's
Transmission Rights-of-Way Inspector heretofore mentioned in above Paragraph I for inspection
of the Easement Area.
Q. That GRANTEE shall furnish GRANTOR with a set of as built drawings within
thirty days of fmal construction.
R. That GRANTEE hereby expressly understands, covenants and agrees (a) that
nothing contained in this Easement Agreement or contemplated is intended to or shall increase
GRANTOR's liability for personal injury or death or for any property damage, (b) that
GRANTOR does not assume any such additional liability, (c) that liability arising out of the
utilization and occupancy of the Easement Area by GRANTEE and GRANTEE's employees,
agents, contractors, invitees or any representative, is hereby assumed by GRANTEE and shall
be at the sole and exclusive risk of GRANTEE, (d) that GRANTEE shall answer and satisfy
to GRANTOR's satisfaction any and all complaints relative to GRANTEE's utilization of the
Easement Area, (e) that GRANTEE shall to the extent of Section 768.28, Florida Statutes,
protect, defend, hold harmless and indemnify GRANTOR from and against any and all actions,
claims, damages and/or loss, including, but not limited to, actions or claims from GRANTEE's
employees, contractors, or subcontractors, and including, but not limited to, claims for
remediation, damages or fmes from governmental entities, which may be assessed now or in
the future, together with any costs and attorneys' 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 Easement Agreement for GRANTEE's utilization
thereof, and (t) that GRANTEE covenants not to interfere with GRANTOR's existing and
future high voltage electric transmission lines and related facilities in any manner whatsoever
and shall fully indemnify GRANTOR from any and all losses as in Section "(e)" above resulting
from such interference.
Page 3 of 4 Pages
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S. 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 "R" above occurring up to the effective date of such
tennination. GRANTEE further covenants to reimburse GRANTOR for any monies expended
before or after tennination by GRANTOR to return the Easement Area to its original condition.
T. 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.
IN WITNESS WHEREOF, tbe 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 afftxed and attested, all as of the day and year ftrst above
written.
WITNESSES:
FLORIDA POWER CO
(as G )
WITNESSES :
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CITY OF CLEARW A
(as GRANTEE)
By $M~~:'
Approved as to fonn:
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City Clerk - - . _ _ _ , .
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City Attorney
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WATER EASEMENT DESCRIPTION
A water easement lying within a certain segment of the Florida
Power Right-of-Way that is recorded in O.R. Book 1466, Pages 156-
158 of the Public Records of pinellas County, Florida. Being more
particularly described as follows:
Commence at the SW corner of W. 1/2 of E. 1/2 of NE. 1/4 of
section 7, Township 29S., Range 16E., Pinellas county, Florida,
and run thence N 00030'40" E along the west boundary of the W.
1/2 of E. 1/2 of NE. 1/4 for 1454.97 feet to the POINT OF
BEGINNING; continue thence N 00030'40" E along said west boundary
of the W. 1/2 of E. 1/2 of NE. 1/4 (also a portion of which is
the east boundary line of Coachman Ridge Tract A-1 as recorded in
Plat Book 83, Pages 62-64 of said Public Records) 1207.10 feet to
the NW. corner of W. 1/2 of E. 1/2 of NE. 1/4 of section 7,
Township 29S., Range 16E.;thence N 00056'22" E, along said west
boundary of the W. 1/2 of E. 1/2 of SE. 1/4 (being also the said
east boundary line of said Coachman Ridge Tract A-1), for 562.57
feet; thence S 88043'13" E, along the north line of an easement
described in O.R. Book 8310, Pages 3-6 of said Public Records,
10.00 feet; thence S 00056'22" W for 562.27 feet, to a point on
the south boundary line of W. 1/2 of E. 1/2 of SE. 1/4 of section
6, Township 29S., Range 16E.; thence S 00030'40" W for 977.29
feet; thence S89029'20"E for 5.00 feet; thence SOo030'40"W for
30.00 feet; thence N89029120"W for 5.00 feet; thence SOo030'40"W
for 170.00 feet; thence S89029120"E for 5.00 feet; thence
SOo030'40"W for 30.00 feet; thence N89029'20"W for 15.00 feet
back to the POINT OF BEGINNING. Less that portion of right-of-way
of state Road No. 590.
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"EXHlBIT A"
Page 1 of 4 Pages
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EXHIBIT "A"
The city of Clearwater and Florida Power Corp. have entered into
an agreement (OR 8832 pg. 101 and 102) whereby a parcel of land
owned by Clearwater in the middle of the FPC right-of-way just
south of Gulf-to-Bay Blvd. (SR 60) was given to FPC in exchange
for a potable water well easement within the FPC right-of-way
(location of easement to be determined). A copy of the executed
agreement is attached for review. The City's engineering
consultant (Camp, Dresser and McKee,Inc) has selected a easement
site for a potable water well in the FPC right-of-way just south
of Northeast Coachman Road (SR 590) which is depicted on the
attached drawings. Copy of correspondence from COM regarding the
selection of the proposed well site is also attached for review.
In addition to the well site, the City desires FPC easement
approval to pipe a raw water main from the well site running
north to stag Run Boulevard. Please note in the easement
description and drawing that two areas of the easement south of
Northeast Coachman Road are 15 foot wide while the remainder to
the easement is 10 foot wide. The City proposes to place a
permanent water well in one of these areas and a monitor well in
the other. A monitoring well is now a requirement of the
pinellas County Health Department and Southwest Florida Water
Management District. A sketch of the configuration of the
permanent well equipment is contained in the CDM correspondence
attached. In the final easement description only one of the 15
foot wide areas will be necessary as the monitor will fit within
the requested 10 feet wide easement. The determination of which
15 foot wide area will remain is to be made after pump testing of
pilot well construction. The overall location of the proposed
easement is on the west side of the FPC right-of-way to be as far
as possible from FPC's hot oil line.
Please contact any of the following for questions or further
information, Mr. Earl Barrett, Clearwater's Real Estate Manager,
462-6042; Mr. Torn Hackett, Clearwater Water (operator of well),
462-6848; or Mr. Terry Jennings, Chief Engineer (application
preparer) 462-6970.
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"EXHIBIT A"
Page 2 of 4 Pages
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10.00'
588'4.3'I.3"E
STAG RUN BLVD' JOO' Easement STAG RUN BLVD
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SW CORNER OF W 1/2
OF E 1/2 OF SE 1/4
or 6-29-16
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POINT OF COMMENCEMENT
SW CORNER OF W 1/2
or E 1/2 or NE 1/4
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NOTE: THIS IS NOT A SURVEY!
DETAIL
LINE TABLE
NO, LENGTH BEARING
<D 5,00' 589'29'20"E
<6> 30.00' 500'.30' 40"W
Q) 5.00' N89"29'20"W
@) 170,00' SOO'30'40"W
~ 5,00' 589'29'20"E
<ID 30,00' 500'30'40"W
(j) 15,00' N89'29'20"W
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
Page 3 of 4 Pages
"EXHrnIT A"
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Page 4 of 4 Pages
IfE~IEI~ REQllIRBMBtTS
for piping a raw water main from well site north to Stag Run Boulevard and
to place a permanent water well and a monitor well
1. That other than GRANTOR's facilities, no overhead wires, poles, light standards, dumpsters,
signs, trees, buildings, structures or obstacles shall be located, constructed or installed within the
Easement Area without written approval by GRANTOR.
2. That all excavations for GRANTEE's utilization shall be a minimum of twenty-five feet (25')
from the nearest edge of GRANTOR's transmission structures or guying.
3. That any and all piping and/or culverts (cables) installed by GRANTEE within the Easement
Area shall have sufficient earth cover to prevent breakage due to the operation of GRANTOR's
vehicles and heavy equipment within the right-of-way.
4. That no below ground grade drainage or facilities be installed by GRANTEE within the
Easement Area without GRANTOR's review and written approval.
5. That GRANTEE agrees that no refueling operations take place within the right-of-
way.
6. That all parked vehicles shall be motor vehicles of an operative and transient nature; mobile
homes, office trailers or carriers of explosive materials are prohibited.
7. That GRANTEE agrees to furnish and install permanent markers showing the location of the
underground facilities within the Easement Area. Said markers shall be GRANTEE's
responsibility at all times.
8 That GRANTEE shall notify GRANTOR's Supervisor of Transmission Underground (Le., Paul
White or his designated alternate, telephone 813/866-5729, St. Petersburg) at least 48 hours prior
to APPliCANT's performing any excavation within the Easement Area in order that FPC may
arrange for an authorized representative to be on site to assist in establishing the existing location
of FPC's underground fuel oil pipeline and to observe all excavation activities in proximity to
said pipeline within GRANTOR's easement strip.
9. That GRANTEE shall not install cathodic protective devices without first notifying GRANTOR's
Material Technology Engineer, Alvan L. Hite, telephone 904/ 563-4552, Ext. 253, Crystal
River.
10. That GRANTEE shall make special note of Guidelines involving GRANTOR's oil pipeline
attached as Pages 3 of 5 and 4 of 5 and 5 of 5 of Exhibit liB ", by this reference incOlporated
herein and made a part hereof, and GRANTEE shall comply fully with said Guidelines.
11. That the GRANTEE will provide GRANTOR's Environmental Services Department copies of
well drilling permits prior to construction, and that the GRANTEE will be responsible for proper
abandonment of wells in the future if required.
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"EXlDBIT B"
Page 1 of 5 Pages
.' 12.' That construction will t>t coordinated with GRANTOR's Clearlater District Engineer, Terry
Mills @ 562-5663 concerning excavating in close proximity to Distribution facilities.
13. That the right-of-way will be left in a condition at least as good as it was prior to construction.
14. That the pipe will be installed within five feet (5') of the edge of GRANTOR's right-of-way.
"EXHIBIT B"
Page 2 of 5 Pages
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GUIDELINES FOR CONSTRUCTION CROSSING OF THE B/A OIL PIPELINE
The Florida Power Corporation-Bartow to Anclote Thermal insulated oil transport
line has been installed and is operated in compliance with Title 49-Part 195
Federal 0.0.1. - Transportation of liquids by pipeline. The line is 14" in
diameter coated and insulated for a total outside diameter of 17.5".
1. Buried Structures - CrossinQ Situations
The minimum clearances required for crossing situations of the B/A oil line
and proposed other lines or structures follows:
a. 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 Florida Power Corporation for a substitution of the
soil barrier with an approved barrier.
c. Contact C. A. Nuttall, (813) 866-5729 or C. M. Forte (813) 866-4753,
48 hours prior to construction. An FPC representative must be present
to inspect any crossings that are made.
2. Buried Structures - ParallelinQ Structures
These are two standards of acceptability for paralleling situations:
a. Florida Power Corporation R/W, easements and other controlled 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. All paralleling situations outside the control of the Florida Power
Corporation should request the minimum three (3) feet surface to
surface clearance.
3. Minimum Soil Cover Over B/A Oil Line
The minimum soil cover requirements at any location along this Bartow to
Anclote oil pipe line has been established 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 and approved by the Florida Power Corporation. A
substitute, protective, equivalent concrete structure is shown on Drawing
IA-S-34-A-1.
4. Roadways
Roadways of the oil pipeline must be cased and vented from R-O-W line to
R-O-W line. Driveways which can be closed to allow for maintenance on the
pipeline will not normally be required to provide casing, but will be
required to comply with item 3 above.
F201BN2-4
"EXHIBIT B"
Page 3 of 5 Pages
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Note: Actual casing requirements will be determined by conditions at
location of the crossing.
5. Bui1dinQ. Structures. Retention Ponds. Wells. Fences
a. All structures, building retention ponds or wells, must maintain a
minimum of fifteen (15) feet from B/A oil pipeline centerline. If
existing foundation, retention ponds or wells are closer than fifteen
(15) feet, designate them as existing and submit information to FPC on
design drawings. For retention ponds, the fifteen (15) foot
requirement applies from the top of bank to centerline of pipe.
b. Fencing should be constructed in a way that poles straddle either side
of line. The fence shall be grounded. Grounding rods shall be 15
feet away from the B/A oil pipeline.
6. Construction EauiDment
Equipment or material used in construction activities must not be parked or
stored within three (3) feet of the B/A oil pipeline centerline.
Rev 1 4/13/92
F201BN2-4 .~
"EXHlBIf B"
Page 4 of 5 Pages
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PROJECT BAl!rOJY-AN(l.ore ,D1,oEI.IN~
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{ICA\.I_~.fll_ _1T_.e1_CIJ?:\,.".flJJ_ DRAWl NO NO. A -S 34 -/I ~ I
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