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CHARLES R AND CELESTINE A ANDERSON . .~ \.- ~] 9L1L185B ~~~~~a~~r fast South ,In~e.~,cePto~ .. i >- Q,iR. 1731'i~A~E265 6 ~ , <<> ~.. C7 #/05 tv O? 0/ {( ~ 7 C )' '1 ;; 17' .~ . EASEMENT FOR AND IN CONSIDERA TION 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, Charles R. Anderson and Celestine A. Anderson, his wife, do hereby grant and convey to the CITY OF CLEAR WATER, 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: .~ .. ,t; ~ ". gUJo ::E: O~U .... u~3 :1 J!...;,~ Cl)~U - ~~'O 'i d~. ' g i 0 .a:p; PERMANENT EASEMENT Begin at the NE cor. of Lot 15 of Wm. Brown's Subdivision of Bay View, Florida as recorded in Plat Book 1 Page l3 of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part, run thence S 0037r03"W, along the east line of said Lot 15, 397. 74 ft. for P. O. B., thence S880l <132"W 291. 59 ft., thence S690 46r05"W 338.61 ft. to the extension of the west line of Lot l3, of said Wm. Brown's Sub., thence S 0037103"W 16.05 ft., thence N69046r05"E 341. 88 ft., thence N88019r32"E 288.53 ft., thence N 0037103"E l5. Or ft. to P. O. B. Containing 9454 square feet. Restoration shall be made as set forth in the Addendum to Easement attached hereto and made a part hereof by reference. This easement being for sanitary sewer installation and maintenance. The CITY OF CLEARWATER, 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. IN WITNESS WHEREOF, the part ies hand s and seal s this 1St!' day of ve set th eir , 196~ Signed, sealed and delivered in the presence 0 . h~~~, ;f. an,~/ Charles R. Anderson ( SEAL) (!~;...,e Ci'. ~ (SEAL) Celestine A. Anderson ATE OF ~ GEORGIA ) COUNTY OF ~ RABUN .. Before me personcillyappeai"ed Cha:f1~s R.AndersonandCelestineA. Anderson, his wife, 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. My Commis sion Expires Lttjt,day'of June WITNESS my hand and official seal this A. D. 1963 ..~/ : ~. No-tar G... ~VI~ ' ~ J tf (j 5/ - ()6 ; / 0 '- ~ ~I Cleartater East South,Interceptor CLEI - 59 " '"; ...1 O:R, 11~ f~ABE 266 ADDENDUM TO EASEMENT The following requirements will govern clearing, eJtcavation and restoration of property and public rights of way for construction of the interceptor sewer and are an explicit part of the constructiop contract: Final Cleaning U p 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 (b:t'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 tbe 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 allowc..J. if, in the opinion of the Engineer, adequate precaution has been taken to prevent spreading of the fire and~tlisance to adjacent properties. The Contractor shall, however, be fully responsible fbr all consequences of- suchburning-;- (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 cortl- pensation. . ~I " A. t .7 I Hl, 1731 p~~E207 ADDENDUM TO EAS~IENT~/ The following contingencies hereafter set forth are an explicit part of the easement granted to the city on the 'tV- ,r ," day of June, 1963, which is attached hereto and made a part hereof: 1. That sewer taps be made available by the City of Clearwater to the Andersons, their successors and assigns, at the corners of each lot line, four taps in all, at the southern most corners of each lot. 2. That Clearwater East South Interceptor, CLEI-59, sewer trunk line can and shall be filled over by the present ~" owners of said land, or Grantees, administrators, executors ,~'~fj-;'<'.._.. l1eoife P!?ff"Jblf J..1l1fJ9 LEVEL -"...- '~~~(,..i~) and assigns, at least seven feet (7') i~ irp+R along the entire Anderson tract of land. 3. That the City of Clearwater will not remove any large trees or deface them during installation of said sewer. 4. That the Andersons and their successors and assigns will at all times have ingress and egress over and upon the easement herein granted. 5. That the Andersons will be entitled to all excess soil removed from the ditch during the installation of said line and that the same will remain on the Anderson's land from which it is removed, and placed along the water front on the North side of the permanent easement herein granted. 6. That the Andersons shall be permitted and shall be allowed the privilege and authority to build such structures as bulk heads, piers, docks and roads over and upon said easement herein granted, and any other structures which will not interfere with the city's use of said easement. ~aL l,he city ,{ill p:lY to the ABUt:.!.oeRD tho E:urn o.f ~ ~~-r1")...- -1- (1)>- .<t...... ~z LU :;:) :2:0 Q:u ,.,.. "-'~."'^""",,,,".'~.',,,,' . A..~l'v~,"/"v,"_Io..A/'-.~,^./'J' '<.~."."'_ ',^"'.^,'.,..;'.^".~ . '-.'" A_!'."_ "'.' t :1 I ol17S.! ~BE268 , ~ ,- . ~ 'I:w"'" 'l'nousand Five HlJndr99. ~"OO.OO) Doll!il't'Q on or n~-e-Pe i5'hirty (JO) day~ from dal,l:: for, tIll:: eElo~mpnt and/or,.-e:asements 'b~1"'''''' 5 tl 81"'::1 nt.,a-G. a. That the city will be permitted to'use Thornton Road for access to East South Interceptor line, and if so, the city may cross the Anderson lawn or yard and use graded entrance to water front just east of Thornton Road and along the side of the lot line provided it is restored to its present condition upon completion of the project. 9- That thil city GRAll C:Lssu.me taxes un ;:,ewer in~tallatien and I::i::lSem~Hl, u~giHnlHg Iu 1964-, all.d-e<'l(!l1 ensuing 1 f S-4 ~ 7'/2-, .:~oo. r t 1'1 el I:: i:i t err. 10. Should said easement be abandoned by the city and of no further use and benefit to the city for SBwer purposes, said easement granted hereunder shall revert to the Andersons or their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective names, this 11::.. IS-- day of June, 1963. Signed, sealed and delivered in the presenc .. -1.J/ .I' 1~' /" /J ,.~"t t~~c1:-U.,./ / , V1,.;rt "t.Z.<,.;l,,\\,-,.-v' Dwner, Charles R. Anderson ie" ,~"'-, '" /'''' /" f!:. (A, C .;L.-(t-ri- ,(j (: (. · f-lt-~- Mi, :t-6?\. A SEAL) Celestine A. Anderson (SEAL) CITY OF CLEARWATER, FLORIDA ,~ ,/ Signed, seale in the presence ~~-.J -,~.J ~~~~ ~?(.~ -2- -" ./..0:... ~ !I I ~':R. 17J1 ~lst269 ADDENDUM TO EASEMENT 11 V The contingencies hereinafter set forth are an explicit part of the easement granted to the city on the I~' day of June, 1963, which is attached hereto and made a part hereof: 1. That the City will pay to the Andersons the sum of Three Thousand ($3,000.00) Dollars, on or before thirty (30) days from date for the easement and/or easements herein granted. 2. That the Andersons agree to pay all real property taxes, if any, assessed by the county tax assessor during the life of the easement herein granted. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective names, this M /(l - day of July, 1963. Signed, sealed and delivered in the presence of: ~' jz . . . ; ...', .'. ') /) /'" f ?U(J. " 'Zl' 1l. ,.,4./,l-1.--hV . & ~fr~ . /{~IiJ'Z.'~" . '(', (;)')'-tJ~""-"'-h ( SEAL) Owner, Charles R. Anderson- fir (, JZ~ ~ l. U , tZt,(....CLc;:,l-'""~>,J,. LSEAL) ~~lestineA. Anderson CITY OF CLEARWATER, FLORIDA Signed, sealed an 'del in the preaence of: ~4~,~(.,,~~M~ ,;:,~,;t";. "::;;"'~v., ",oil,,: :'1'10, ,j'", , ,.' APP~i:Orlil;::#l~ C,,#!1'ctness: .~ ' "''',, .' " ",-' '" .' " .' <. ..,.. .., .' ". '. ...' "- ...~ ttorne ~ . .. ;re.AA.~<C..~ ~..t!L " . "'., , " !.o...,~' ""' '" .. ,/-- ,. ",,-\...-t: .\.,. (~I~", t, / Clearwater tast South Interceptor CLEI - 59 EASEMENT 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: TEMPORARY EASEMENT Begin at the NE cor. of Lot l5 of Wm. Brownls Subdivision of Bay View, Florida as recorded in Plat Book 1 Page 13 of the public records of Hillsborough County, F~orida of which Pinellas County was formerly a part, run thence S OO3;?,03"W, along the east line of said Lot 15, 397. 74 ft. for P. O. B'~, thence S88019132"W 291. 59 ft., thence S690 46105"W 338.61 ft. to the extension of the west line of Lot 13 of said Wm. Brownls Sub., thence N 0037103"E l6. 05 ft., thence N690461 05'IE 335.36 ft., thence N8801913211E 294.63 ft., thence S0037'03"W 15.01 ft. toP.O.B. 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 under stood that the City of Clearwater and/ or its agents will have the right of access for delivery of personnel, equipment and materials over existing traveled roadways to the site of work; the right to clear and dispose of unde3brush, vines, brambles and trees less than six inches in diameter/fRf1>~'tfif'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 expiresautomatica.-lly Mt~.~y.tu', f~.da.t~-he~f''Or upoa the-eompletion of the project, whichever is sooner, unless e~ended by written agreement of the parties hereto. Restoration shall be made as set forth in the Addendum to ,Easement attached hereto and made a part hereof by reference. IN WITNESS WHEREOF, the part ies hereto ha ve set t1H~i,. hand s and seal s this /.!>~ day of a>(;~, , 196 ~ ,(I Signed, sealed and delivered in the presence / a~g/.~ ~ct.c~~ Charles R. Ander son (SEAL) ({L~ a. ~~ (SEAL) Oelestine A. Anderson ATE OF .~ ) COUNTY OF~ GEORGIA RABUN Before me personally appeared Charles R. Anderson and Celestine A. Anderson, his wife, 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 l~h day of June My Commission Expires: 4-15-64 " . ~ -, .~ or-- J <"" . ' ""I Clearwater Ea1 South Interceptor CLEI - 59 " ~ ADDENDUM TO EASEIViENT The following requirements will govern clearing, excavation and restoration or 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 t()Pr.es_~.:_v.,~.!,,"'pr<:)t_t;:st3~'Ilc1jor .repJac.e,,~Jti$ting 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 (bl'ush, mangrove, et c. ) shall be confined to the actual easement or right of way provided. Clearing parallel to the provided easement for construction purpoGes 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,- Hon, access of equipment, layout and stockpiling of excavated material. Brush and trees cleared from the work site shall be removed from the sit~ and satisfactorily disposed of by the Contractor. Disposal by burning may be alloweci if, in the opinion of the Engineer, adequate precaution has been taken to prevent sprea.ding oftbefire and n\lisanceto Cl.:dJacentprop.erH:esL The Contractor s.hall, however, be fully responsible for all consequences 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 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.