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W S AND ELIZABETH N WIGHTMAN r . ''', /'C ", l .),) ?I, . I 9 06 ~M '63 63353B ~ / ;;( 1 ~/S b-' lOR. 1663 PAGE 670 Clearwater East South Interceptor CLEI - 52 W. S. Wightman Apft Z3 RECORDED PINELLAS C9,FLA. AVERY 'ft. G1LKtiRSOH...LERK EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1. 00) cash in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, W. S. WIGHTMAN, joined by his wife, ELIZABETH N. WIGHTMAN, do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to wit: PERMANENT EASEMENT A 10.0 ft. permanent easement whose center-line is described as follows: Begin at a point on the westerly line of the W. S. Wightman property, said point lying 2051. 36 ft. south and 53.19 ft. west of the northwest corner of the SE 1/4 of Sec. 17, Twp. 29 S., Rge. 16 E., run thence N 500 391 19" E. , 400.48 ft. ; thence run N 440 18' 54" E., 200 ft. to the easterly line of said property and end of easement. Said point lying 1654.36 ft. south and 396.24 ft. east of said NW corner of the SE 1/4 of said Sec. 17. Containing 6005 square feet. This easement is for the purpose of the installation of sanitary sewer trunk line and maintenance; and is granted subject to the following conditions to be performed by the City of Clearwater, Grantee: 1. Two (2) 8 inch plugged stubs will be installed in a manhole on the main trunk line at a point 200.0 feet Southwesterly of the Easterly property line; one of such plugged stubs to point North 420 West at an invert elevation of +3.00 M. S. L. ; and, the second plugged stub to point South 420 East at an invert elevation of -0.33 M. S. L. 2. Restoration of property shall be made as set forth in Addendum to Easement #1 attached hereto and made a part hereof by reference. 3. The performance of the conditions set forth in that letter from Johnson and Albrecht, dated February 19, 1963 (JAWO# 6 65=100) to the City of Clearwater, same being designated Addendum #2, page 1, and attached hereto and made a part hereof by reference. 4. The customary sewer tap charges will be waived insofar as connection with the main transmission line is concerned, and that no front foot assessment will be levied against the owner of this property of record. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described premises and to construct, install and main- tain thereon any sanitary sewer line and to inspect and alter such sanitary sewer line from time to time, and for the aforesaid purpose only; and it is hereby further expressly understood and agreed by the parties hereto that the use of such main sewer transmission line will become available to the Grantor upon the annexation of this property by the Grantee, which annexation has been heretofore agreed to by the parties hereto, and as the same is expressed in Ordinance No. 962, passed by the Grantee on March =1= !)/05/-{J(j - S , nR. l~63 PAGE671 4, 1963, certified copy of which Ordinance, designated as Addendum #3, is attached hereto and made a part hereof by reference. IN' WITNESS WHEREOF, the parties hereto have set their hands and seals this /S d day of ~ ' 1963. Signed, sealed and delivered in the presence of: ~~().0~ G~~ -11. /3~1/LA/ APPROVED AND ACCEPTED BY: ames R. Stewa ity For the City of Clearwater STA TE OF FLORIDA ) ) COUNTY OF PINELLAS ) ~ I!J!~ l ~~gr=n A'''~)'-~~.. .~ ~dt(SEAL) ~eth N.~~n (SEAL) Before me personally appeared W. S. Wightman, joined by his wife, Elizabeth N. Wightman, 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 therein expressed. WITNESS my hand and official seal this A. D. 1963. J EJ"Z;4 day of My Commission expires: Notary Public. State of Florida at La~ My Commission Expires Nov. 25, 1964 Rn,nri<>o by lIm'ilrisaR alHsty Ca. af PL Y. O~~';-I3~ Notary Public ~ :: >.: " -/ : "-'j L -- ...-', '" """~'''- .. ~. ~,. ^ " , '. =2= ADDENDUM TO EASEMENT Clearwater East South Interceptor CLEI - 521. S. Wightman U~. 1663 PAGE 672 , .. I' , ". 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 of 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. Saf ety 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. Protection of Adjacent Property and Utilities The Contractor shall conduct his work in such manner as to avoid damage to adjacent pdvate 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 responsibility 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 (brush, 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 allowed if, in the opinion of the Engineer, adequate precaution has been taken to prevent spreading of the fire and nuisance to adjacent properties. The Contractor shall, .. ..nhowever., -be -fully. respon sible. forallcons-e.quence-s-of s.uen burning. (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 coopora:to =ith 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. -- ./. JOHNSON & ALBRECHT Clearwa.ter net South :r.nte~ceptO~ CLEi- 52 W. S. Wightman Land Planning & Engineering . 1" -, ~ :to ADjENDUM#2 . ,~ 1627 South MI..ourl Avenue CLEARWATER, FLORIDA Phone 446-75$2 442.3000 Mr. Herbert R. Mayers, Right - of- Way Agent City of Clearwater Post Office Box 1348 Clearwater, Florida . February 19, 1963 J A WO# 665-100 'O.R. 1663 PAGE673 R e; W ILL I A MS. WIG H T MAN T R ACT C LEI - 52 Dear Sir: This office has checked a drawing by Mr. Leo Butler bearing identification CLEI-52 dated December 15, 1962. This drawing shows the alignment of the proposed permanent and temporary easement through the property of WILLIAM S. WIGHTMAN. In order to better accommodate the proposed development which Mr. Wightman has in mind, he has asked that we request a modification of the alignment so that the easement de- scription will read as follows: A 10.0 ft. permanent easement whose center-line is described as follows: Begin at a point on the weste rly line of the W . S . Wightman property, said point lying 2051.36 ft. south and 53.19 ft. west of the northwest corner of the SE 1/4 of Sec. 17 Twp. 29 S., Rge. 16 E., run thence N, 50039' 19" E., 400.48 ft ~ thence run N. 4'{o 181 54" E., 200 ft. to the easterly line of sa id property and end of easement. Said point lying 1654.36 ft. south and 396.24 ft. east of said NW corner of the SE 1/4 of said See. 17. Containing 6005-s-quare feet. As we have been inst ructed by Mr. Wightman, we arc by this letter, formally requesting that two 8" stubs be installed in the manhole which will be 200.feet SWI~y of the E'ly property line.. 9ne of the stubs to point N. 420 W.,' at invert elevation f 3.00 M.S.L., and the other to point S. 420 E., at invert elevation - 0.33 M.S.L. J-.4r. Wightman has indicated that he will execute an easement deed v.ith the above description if he is given assurance that the two 8" stubs as described will be installed, and if other details which he has discuss'ed with Mr. Herb Brown are taken care of. Very truly yours, JOHNSON AND ALBRECHT uJ~~ " J Cc: J. T . McMullen A . P. Rogers H. Brown M. Battle - CWCEO W . S. Wightman Johnson and Albrecht (fc) wnnarn B. Alb-recht. r priuijj". FEe 20 1953 .CITY OF CLEARWATER CITY ATTORNEY . 1-' ,.' ~-"f f\ \1 ArR '23 9 06 AM ,I 63355B C1earwatet East South Interceptor ~~~~ -:i~htman n.R. 1663 PAGE 676 EASEMENT RECOfWEO PINE LLAS CO,.Ft-A. AVE,R't'W,GiLt\ERSOH.OLERK FOR AND IN' CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to them ,the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, W. S. Wightman, joined by his wife, Elizabeth N. Wightman, do hereby g:t'ant and convey to the CITY OF CLEAR WATER. FLORIDA, an easerhent over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to wit: TEMPORAR Y EASEMENT A 30.0 ft. temporary easement lying 10. 0 feet Northerly, and 20. 0 feet Southerly (measured at right angles) of the following described line: Begin at a point on the westerly line of the W. S. Wightman property, said point lying 2051. 36 ft. south and 53. 19 ft. west of the northwest corner of the SE 1/4 of Sec. 17. Twp. 29 S., Rge. 16 E., run thence N 500 391 19" E., 400.48 ft. ; thence run N 440 181 54" E., 200 ft. to the easterly line of said property and end of easement. Said point lying 1654.36 ft. south and 396.24 ft. east of said NW corner of the SE 1/4 of said Sec. 17. Containing 1"8,000 squar e feet. This easement is granted for the purpose of allowing access to a permanent easement in which a sanitary sewer is being installed by the City of Clearwater, Florida. It is mutually agreed and understood that the City of Clearwater and/ or its agents will have the right of access for delivery of personnel, equipment and tr;laterials over existing traveled roadways to the site of work; the right to clear and disE.,ose of ~derbrush, vines, brambles and trees less than six inches in diamet.Le~tfa'tr30mt two feet above ground) in said easement; right to remove muck, peat or other soft or unsound material from trench, and to replace same with sound material; and right to enter for surveys and to make borings and soil investigations. This easement is temporary and expires automatically after one year from date hereof or upon the completion of the project, whichever is sooner, unless eJ[tended by written agreement of the parties hereto. Restoration of property shall be made as set forth in t,he Addendum to Easement attached hereto and made a part hereof by reference. IN WITNESS WHEREOF t the part ies hereto ha set their hand s and seal s this / sd.. day of t 196 ~ Signed, sealed and delivered in the presence of: (SEAL) t2f5~~ aa.~ (/~-H gb~/ STA TE OF FLORIDA COUNTY OF PINELLAS Before me personally appeared W. S. Wightman, joined by his wife, Elizabeth N. Wightman, to me well known and known to me to be the individual s described in and who executed the foregoing instrument and acknowledged before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal this A. D. 196 3 /5 d day of ~4~.t::' a~~ ~".,". $db4<" Notary Publ'f.s;'." . '. " My Commission Expires: Notary Public. State of Florida .at Larg~ My Commission Expires Nov. 25, 1964- ~QndArl hy Amp.r:r.;;ln Surety Co. of N. Y. " ... ". I Clearwater East South Interceptor CLEI - 521 w. S. Wig tman 16~3 677 n.R. U. PAGE ~ ..- ADDENDUM TO EASEIViENT 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 of 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. Protection of Adjacent Property and Utilities The Contractor shall conduct his work in such manner as to avoid damage to adjacent 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 responsibility 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 (brush, 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 allowed if, in the opinion of the Engineer, adequate precaution has been taken to prevent spreading of the fire and nuisance to adjacent properties. The Contractor shall, 110W~Yer,. be fully_responsible forallconsequences-of-such--burning. ... --.----- (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 cooporo.i:o '-Vi.th. 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.