FRED B MCMULLEN SR & MARGUERITE MCMULLEN
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Clearwalter Eastfouth Interceptor
CLEI - 1 ilR. 1611 PAGE 711
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EASEMENT
FOR AND IN CONSIDERA TION of the sum of One Dollar ($1. OO) cash in hand
paid to them, the receipt of which is hereby acknowledged, and the benefits to be
derived therefrom, Fred B. McMullen, Sr. and Marguerite McMullen, his wife,
do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement
over, under and acros s the following described land, lying and being situate in the
County of Pinellas, State of Florida, to-wit:
PERMANENT EASEMENT
Begin at the NW cor. of the SW 1/4 of Sec. 16, Twp. 29 S., Rge. 16 E.
and run thence S 0037t03ltW, along the Sec. line, 921. 03 ft. for P. O. B.,
thence continue S 0037t03ltW 64.10 ft., thence S76017t48"E 243. 18 ft.,
thence N69039'57ltE 211. 19 ft., to the westerly line of the Street, thence
N21006t48ltW, along the westerly line of the Street, 15.0 ft., thence
S69039'57"W 208.03 ft., thence N76017t48"W 230.26 ft., thence
N 0037'031tE 45.31 ft., thence N65045103"W 10.92 ft. to P. O. B.
Containing 7, 150.0 square feet.
As further conditions of the granting of this Easement by the Owners,
the City agrees and covenants that spoil will be obtained from the bay
bottom adjacent to this Easement in sufficient amoWlt to construct a
fill across said easement, above normal tide level; and that protection
of the aforesaid fill will be provided, insofar as the availability of
material from the sewer project permits, by the dumping and spreading
of broken pavement, broken masonry and/ or broken stone; and that
service stubs will be provided at the nearest manholes for the future
use of the Owners and for Fred B. McMullen, Jr., whose property
adjoins that of the Owners~ and that the Owners will not be subject to future tap
charges, or front foot assessment insofar as the main transmission line is concemed
Restoration shall be made as set forth in the Addendum to Easement
attached hereto and made a part hereof by reference.
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This easement being for sanitary sewer installation and maintenance.
The CITY OF CLEAR WATER, FLORIDA, shall have the right to enter upon
the above described premises and to construct, install and maintain thereon any
sanitary sewer line and to inspect and alter such sanitary sewer line from time
to time.
ll'j ~TNESS ~F, the parties hereto have
this ;;i 6lE day of ~' 1963.
Signed, sealed and delivered
in the presence of:
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
set their hands and seals
~(tl t3. )U~ 41/:
Fr ed B. McMullen, Sr.
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f (" ar guerite McMull~n
(SEAL)
(SEAL)
Before me personally appeared Fred B. McMullen, Sr. and Marguerite
McMullen, his wife, to me well known and known to me to be the individuals
described in and who executed the foregoing instrument and acknowledged before
me that they executed the same for the purposes thr;J:in expre~
WITNESS my hand and official seal this ~day of ~/r. ..... ,.,. l"l'I'.",
A. D. 1963. './ .,.;
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Notary Public, State of Florida at Large
.. . -.My Commission Expires March 30, 1965
My Commlsslon ExplreSsonded bv American Surety Co. of N. Y.
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Clearwater East South Interceptor
CLEI - t
OR 1611 PAGE 71.2
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ADDENDUM TO EASEMENT
The following requirements will govern clearing, excavation and restoration of
property and public rights of way for construction of the interceptor sewer and are
an explicit part qf the construction contract:
Final Cleaning Up
Before the work is considered complete, all rubbish and unused material due to
or connected with the construction must be removed and the premises left in a con-
dition satisfactory to the Owner. All property, both public and private, disturbed
or damaged during the prosecution of the work shall be restored to its former
condition. Final payment will be withheld until such work is accomplished.
Safety, Protection and Sanitation
a. Safety
The Contractor shall furnish and install all necessary temporary works for
the protection of the work and the safety of the public and shall carryon his work in
the manner best calculated to avoid injury to the public or to the workmen.
b. Prote~tion of Adjacent Property and Utilities
The Contractor shall conduct his work in such manner as to avoid damage to
adjJcent private or public property and shall immediately repair or pay for any
damage incurred through his operations.
Construction Procedure
Portions of the work are along the water front of Tampa Bay. It shall be the
Contractor's respohsibility to preserve, protect and/ or replace existing water
front structures, bulkheads, piers, and docks without additional compensation.
Earthwork for Pipe Line Construction
1 ~ Clearing
(a) Clearing operations in areas of wild growth (b:i.'ush, mangrove, et c. )
shall be confined to the actual easement or right of way provided. Clearing
parallel to the provided easement for construction purposes will be allowed if the
permission of the property owner is obtained by the Contractor for such clearing.
The cleared area shall be of adequate width for purposes of sewer construc-
tion, access of equipment, layout and stockpiling of excavated material.
Brush and trees cleared from the work site shall be removed from the site
and satisfactorily disposed of by the Contractor. Disposal by burning may be allowe..i
if, in the opinion of the Engineer, adequate precaution has been taken to prevent
spreading of the fire andnuisance to adja(:ent proper_ties. The Contractor shall,
nowever;be~ rullyrespons~ibleHfor allconsequencesof-suc-hburning~
(b) Clearing operations in cultivated areas (groves, shrubbery and plant-
ings) will be limited to the easement or right of way required and within such
right of way to trees and shrubs which must be removed for construction purposes.
In public rights of way and in easements on private property all lawns,
plantings and shrubs will be restored either by removal and replacement of
existing plantings or by replanting with plants equal to that existing prior to
construction. The Contractor is expected to cooperate with involved property
owners in protecting existing plantings.
Sprinkler systems, cables and/ or other privately owned buried improve>,
ments shall be protected, preserved and/ or replaced without additional com-
pensation.