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FLORIDA GAS TRANSMISSION COMPANY TEMPORARY EASEMENT Establishing T9mporal1' Extra Work Spac9 r9garding th9 following Florida Gas Transmission Company proj9ct. w. O. No.: C.015643 Line No.: 12" St. Pete @ U. S. 19 Field No.: 02-050 FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid, the receipt of which is hereby acknowledged, together with other good and valuable consideration as provided herein, and the benefits to be derived therefrom, the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation 112 South Osceola Avenue, Clearwater, Fl. 33756 (herein, "Grantor"), hereby grants and conveys to FLORIDA GAS TRANSMISSION COMPANY, a Delaware corporation, with principal offices at P.O. Box 945100, Maitland, Florida 32794-5100 (herein, "Grantee"), ingress, egress and easement over and across the following described lands, lying and being situate in the County of Pinellas, State of Florida, to wit: A portion of the S.W. % of the N.W.% of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described and depicted in EXHIBIT "A" (Pages 1 & 2) attached hereto and a part hereof ("easement premises"). The easement rights hereby granted are for construction purposes of Grantee regarding the above referenced gas pipeline construction project. No permanent facilities of any nature are to be constructed or placed upon, under or within the easement premises. The rights granted herein are temporary and will expire automatically ninety (90) days following project commencement, or upon project completion, whichever shall occur sooner, unless extended by written agreement of the parties hereto. In consideration of the rights granted herein, Grantee shall save, hold harmless and defend the Grantor, its successors or assigns, from any and all liability arising during the easement term from injury to person or property occasioned wholly or in part by any negligent act or omission of the Grantee or Grantee's servants, agents, contractors and employees in use of the easement premises, All of Grantee's covenants and obligations imposed by that certain Gas Pipeline Easement conveyed by Grantor to Grantee on "'2-.2... , 2003, and as may be applicable hereto, are incorporated herein and by t .s refe ce made a part hereof. Grantee covenants with Grantor that no tree measuring four inches (4") in diameter or greater at four and one half feet (4W) above grade shall be removed, destroyed or damaged by Grantee, its agents, contractors or invitees during the term hereof. Those trees defined as "invasive species" are specifically excluded from this provision, 1 TEMPORARY EASEMENT RE: Florida Gas Transmission Company Project W. O. No.: C.015643 Line No.: 12" St. Pete @ U. S. 19 Field No.: 02-050 Grantee further covenants with Grantor that the public trail lying within and crossing the easement premises shall be rerouted at Grantee cost and expense, and remain open for public use during the term hereof. Grantee shall install appropriate construction fencing and signage to assure public awareness and safety. Restoration of the trail and the easement premises to equal or better condition as existed prior to commencement of the herein referenced project activities will be completed by Grantee, at Grantee expense, not later than expiration of the easement term. WHEREOF, the Grantor has set its hand and seal this ,2003. ~ 2.2,.. day of Approved as to form: :'::d: ATTEST: 2 EXHIBIT "A" (Page 1 of 2) LEGAL DESCRIPTION: EXTRA WORK SPACE CONTAINING 0.120 ACRES, MORE OR LESS A 0.120 acre extra work space out of a tract of land being a portion of the SW~ of the NW~ of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida, said tract of land being that property described in Official Records, Volume 3447, Page 835, Pinellas County, Florida, said 0.024 acre extra work space being more particularly described as follows: COMMENCING, at the Southwest corner of the Northwest Quarter of Section 8, Township 29 South, Range 16 East, same point being in the centerline of U. S. Highway 19; THENCE, North 89052'54" East, along the South line of the Northwest Quarter of Section 8, 120.02 feet to a point on the East Right-of-Way line of U. S. Highway 19, same being the West line of said tract; THENCE, North 00046'55" East, along said Right-of-Way line, same being the West line of said tract, 171.88 feet to the POINT OF BEGINNING; THENCE, continuing North 00046'55" East, along said Right-of-Way line, same being the West line of said tract, 121.22 feet to a point on the South Right-of-Way line of CSX Transportation Railroad, said point being the Northwest corner of said tract; THENCE, South 81015'03" East, along said South Right-of-Way line of CSX Transportation Railroad, same being the North line of said tract, 44.81 feet; THENCE, South 00046'55" West, 115.00 feet to a point; THENCE, North 89013'58" West, 44.38 feet to the POINT OF BEGINNING, and containing 5,241.54 square feet or 0.120 acres, more or less. EXHIBIT "A" (Page 2 of 2) l' . P..O.B.,