FLORIDA POWER CORPORATION (7)
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PINELLAS COUNTY FLA.
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CL-210 2/11/91 REW:jlr
FIRST AMENDMENT
OF
EASEMENTS
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THIS FIRST AMENDMENT, Made and entered into this 11th day of
April , 1991, by and between FLORIDA POWER CORPORATION, a
Florida private corporation, Party of the First Part, "GRANTOR" herein, and
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, Party of
the Second Part, "GRANTEE" herein;
WITNESSETH:
WHEREAS, by Easement Instrument dated January 20, 1966,
subsequently recorded March 9, 1966, in O. R, Book 2343 at Page 615 as
Clerk's Instrument No. 66 21266, and by Easement Instrument dated
December 30, 1970, subsequently recorded January 7, 1971, in O.R. Book
3463 at Page 354 as Clerk's Instrument No, 71 001839 of the Public Records
of Pinellas County, Florida, GRANTOR did grant and convey unto GRANTEE
the right, privilege and easement to construct, reconstruct, operate and
-11 RECORDINP.1aintain GRANTEE's water supply wells equipped with subsurface pumps
AceT IcaJ?O together with connecting underground water transmission pipe mains and
___ ~L:~ppurt~nances, within certain Easement Areas more &articularly described in
REC ~,5QaforesaId Easement Instruments No. 66 21266 and No. 71 001839 and generally
FEES--, located in the outside edges of GRANTOR's fee-owned 250-foot (:t) wide
MT;:' -----electric transmission right-of-way corridor traversing a north/south course
PTG ---...through the E 1/4 of Section 18, Township 29 South, Range 16 East, Pinellas
PIC -=-~ounty, Florida; and
DOC
INT
TOTAL the arrangement of its existing water supply facilities and appurtenances to
~~C{) bring the pumps (and related connecting piping) above ground grade within
aP fenced enclosures, and in addition to construct a groundwater monitoring well
in proximity to each of the three (3) existing water supply wells,
respectively (as now required by the Southwest Florida Water Management
District), all within the existing Easement Areas as described in said
Easement Instruments No. 66 21266 and No. 71 001839; and
WHEREAS, the GRANTEE now desires to make certain modifications to
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WHEREAS, the GRANTOR is willing to allow GRANTEE to make the ~ f:J B. g
desired modifications and additions to the water supply facilities and ~ 0 ~ S- "'IOl
appurtenances within the existing Easement Areas, and GRANTOR also wishes ~ to '<i :.. ~
to use this opportunity for formally updating certain provisions of said ~ ~ !"]
Easement Instruments No, 66 21266 and No. 71 001839 to include necessary<~ ~ ~
restrictions pertaining to GRANTOR's existing steel underground thermally ~ 0"'
insulated hot fuel oil pipeline which was installed along and within -::
GRANTOR's 250-foot (+) wide electric transmission right-of-way corridor
subsequent to said Easement Instruments.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, That the
GRANTOR and GRANTEE, for and in consideration of the mutual promises
hereunder, do covenant and agree to amend, and do hereby amend, the said
Easement Instruments No. 66 21266 and No. 71 001839 to the extent
necessary to allow GRANTEE to modify the arrangement of its existing water
supply facilities and appurtenances to bring the pumps (and related
connecting piping) above ground grade within fenced enclosures and
additionally to construct three (3) new mnnitoring wells all within the
existing described Easement Areas located in GRANTOR's fee-owned 250-foot
(:t) wide electric transmission right-of-way corridor traversing a north/south
course through the E 1/4 of Section 18, Township 29 South, Range 16 East,
Pinellas County, Florida, subject, however, to the following additional terms
and conditions:
1. That all excavations for GRANTEE's utilization shall be a minimum
of twenty-five feet (25') from the nearest edge of GRANTOR's
electric power transmission structures or guying.
2. That any and all underground piping installed by GRANTEE within
the Easement Areas shall have sufficient earth cover to prevent
breakage due to the operation of GRANTOR's vehicles and heavy
equipment within the right-of-way corridor,
ee:G1M'
R,O,uJ
KARLEEN F. DEBLAKERv CLERK
F:ECC)~D VEF:IF~IED BY: (Jf-
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3. That GRANTEE agrees none of its refueling operations shall take
place within GRANTOR's right-of-way corridor,
4. That no parking or storage shall occur under or near GRANTOR's
electric power lines or facilities within GRANTOR's right-of-way
corridor.
5. That GRANTEE shall notify GRANTOR's Supervisor of Transmission
Underground (I.e. ,Charles A. Nuttall or his designated alternate,
telephone 813/866-5729, St. Petersburg) at least 48 hours prior
to GRANTEE's performing any excavation within the Easement
Areas in order that GRANTOR may arrange for an authorized
representative to be on site to assist in establishing the existing
location of GRANTOR's underground fuel oil pipeline and to
observe all excavation activities in proximity to said pipeline
within GRANTOR's right-of-way corridor.
6. That GRANTEE shall not install cathodic protective devices without
first notifying GRANTOR's Material Technology Engineer, Alvan
L. Hite, telephone 904/795-4811, Ext. 253, Crystal River.
7. That GRANTEE shall make special note of Guidelines involving
GRANTOR's oil pipeline attached as Pages 1 of 2 and 2 of 2 of
Exhibit "A", by this reference incorporated herein and made a
part hereof, and GRANTEE shall comply fully with said Guidelines.
8, That GRANTOR hereby acknowledges some of GRANTEE's original
existing water supply facilities within GRANTOR's right-of-way
corridor are closer than fifteen feet (15') to the centerline of
GRANTOR's subsequently-installed underground fuel oil pipeline
and may remain in their present locations or be relocated above-
grade at GRANTEE's option; however, with the exception of
GRANTEE's new fencing and posts (which shall be electrically
grounded to GRANTEE's well system) , none of GRANTEE's
relocated above-grade pumps, concrete slabs, foundations,
groundwater monitoring wells, piping, or supports shall be located
such that the existing horizontal separation between GRANTEE's
facilities and the centerline of GRANTOR's said underground fuel
oil pipeline is reduced; and none of GRANTEE's new facilities shall
be closer than fifteen feet (15') to the centerline of the
GRANTOR's said underground fuel oil pipeline.
9. That, before GRANTEE commences any modification activities within
the Easement Areas in GRANTOR's right-of-Way Corridor,
GRANTEE shall furnish to GRANTOR additional design drawings
having dimensions showing the locations of GRANTEE's proposed
modifications specifically in respect to GRANTOR's existing
underground fuel oil pipeline.
10. That GRANTEE's well drilling or miscellaneous equipment shall not
be parked nor stored within three feet (3') of the centerline of
GRANTOR's underground fuel oil pipeline.
11. That GRANTEE shall notify GRANTOR's Engineering Supervisor
(I.e., Mr. Joseph P. Skala or his designated alternate, telephone
813/443-2661, CJearwater) at least 24 hours prioruto GRANTEE's
setting up the rig for drilling the groundwater monitoring wells
within the Easement Areas in order that GRANTOR may arrange
for an authorized representative to be on site to check the
horizontal and vertical clearances between GRANTEE's drilling rig
and GRANTOR's existing overhead electric distribution feeder lines
within the right-of-way corridor.
The said Easement Instruments No. 66 21266 and No. 71 001839, except
as hereinabove specifically amended and further restricted, shall in all other
respects continue in full force and effect according to and upon the terms
and conditions therein expressed.
Page 2 of 4 Pages
I
tINELLAS COUNTY FLA.
OFF.REC.BK 7669 PG 536
IN WITNESS WHEREOF, the aforesaid Parties have caused these
presents to be signed in their respective corporate names by their proper
officers or officials thereunto duly authorized and their respective corporate
seals to be hereunto affixed and attested, all as of the day and year first
above written.
WITNESSES:
CORPORA TION
Approved as to form:
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ATTEST:
WITNESSES:
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STATE OF FLORIDA
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COUNTY OF PINELLAS
The foregoing; FIRST AMENDMENT
day of./,April , 1991, by
and bY',c"'-"\Ka.t.hleen M, Haley
FLP~J~;;POWER CORPORATION,
tb:~:'/:c6rpdration as GRANTOR,
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~(.,~ SEAL}""" 'Ii.::J~~
<'~;'~{~!:<, ", ,.j,;1,';;.f;:l": "-JNotary Public'
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/' ,,'<:.' :'<* . NOtary ~blrt, """" ( !ionda aHarge
\~y "Co~s131Bn ExpIres: fly ComrnEsion ~X/)I~eli SEPJ 4.1.
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'~ -;.~f(~~~:i"{~
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was acknowledged before me this 11 th
Philip C, Henry as Vice President
as Assistant Secretary, respectively, of
a Florida private corporation, on behalf of
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Page 3 of 4 Pages
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.. ..., ".: ... .~~ ... ':' j'~~ ~:j '''1 ..... "':' ~:: ! "~ \f." no ('~j ;.
U~ .klL.B~ /66~ PG 537
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OF CLEARWATER
the corporation s
as
as
LORIDA,
GRANTEE.
My
STATE OF FLORIDA
COUNTY OF PINELLAS
The foreqO~~ ~nstrume~noWledqed and sUbscr~bed, ....
before me this ~ 'day of , 1991 by Rita Garvey,<<
Michael J. Wright, M.A. Galbrait , Jr. and Cynthia E. Goudeau a.~<'
Mayor-Commissioner, City Manager, City Attorney and City ,.q.lefk}
respectively, for the CITY OF CLEARWATER, a municipal corpqJ;'~-ti!6n,
on behalf of said corporation. ,~jfut#'
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My Commission Ekp:...Ges,:,,(r/,i
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"" Notary Puhlic, State of Flor,~, "<'i ,\./'
My Commission Expires Aprilt'~,l99~:!III!1 i
Bonded Thru Troy F;;:.ln" InSUr~,l'j~~t1~}~c. _:":::} I ' '
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Page 4 of 4 Pages
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I PINELLAS COUNTY FLA.
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Guidelines for construction crossinK of the Bartow-to-Anclote ~l Line
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 D.O.T. - Transportation of Liquids by
Pipeline.
1. Duried Structures - CrossinR Situations
The minimum clearances required for crossing situations of the DfA
oil line and proposed other lines or structures followsl
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 pracU'=al, provisions can
be negotiated with Florida Power Corp. for a substitution of
the soil barrier with an approved barrier.
2. Hinimum,Soil Cove~ over B/A oil line
The minimum soil cover requirements at any location alona this
Bartow-to-Anc1ote aU pipe line has been established to be 48
inches, as referenced from top of the pipe to'around level, road
bed, river bottom, drain ditch bottom, etc. Any variance in this
minimum protective soil cover must be nelotiated with the Florida
Power Corp. for substitute, protective, equivalent approved con-
crete structure Drawinl UA-S-34-A-l.
3. ParallelinK - Buried Structures
These are two standards of acceptability for paullelina situa-
tions I
a. Florida Power Corp. R/w, easements and other controlled areas.
1. All paullelina of buried structures and other pipes to
the alA oil line must maintain a .inimum of three (3) feet
surface to surface clearance.
b. All parallelinl situations outside the control of the Florida
Power Corp. should request the .inimua three (3) feet surface
to surface clearance. Hinimum acceptable is one (1) foot sur-
face to sudace, providina adequate provisions an made for
corrosion control.
4. Roadways
Roadways ov.r the oU pipeUne must be cased and vented froll R-O-W
Une to R-O-W line. Driveways which can be closed to allow for
maintenance on the pipeline will not normally be required to pro-
vide casinl, but will be required to comply with item 2 above.
Notel Actual casinl requirements will be determined by conditions
at location of the crossina.
C. A~ Nut tall
FJ39RFl-8
EXHIBIT "A"
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