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HENRY L AND EVA TERRY MCMULLEN .,. /, citl) ~, :1 ' ' " . , .. I 68t760B 4+_;1.3 -b.3 Clerwater East South Interceptor. CJfEl - 50 HI:a.ry L. McMullen ~ EASEMENT lJ R 1675 PAGE292 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, Henry L. McMullen and Eva Terry McMullen, his wife, 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 Begin at the NW cor. of Government Lot 2, being the NW cor. of SW 1/4 o of NW 1/4 of Sec. 20, Twp. 29 S., Rge. 16 E. and run thence S89 l3ll2"E, along the 40 acre line, 100. 0 ft. for P. 0.5. ; thence S89013112"E, along . 0 the 40 acre line, 1725.0 ft., thence S 0 52125"W 5.0 ft., thence N890l3'12"W 1725.0 ft., thence N 0052125"E 5.0 ft. to P. O. B. ; and The Easterly 10 ft. of the Westerly 1233.0 ft. of the SE 1/4 of the NE 1/4 of Sec. 19, Twp. 29 S., Range 16 E.; and The Southerly 5 ft. of the SE 1/4 of the NE 1/4 of Sec. 19, Twp. 29 S., Range 16 E., less the easterly 100.0 ft. thereof; and less the Westerly 223. 11 ft. ther eo!. This easement being for sanitary sewer installation and maintenance; and is granted subject to the following conditions to be performed by the City of Clearwater, Grantee: 1. Spoil removed from the trench shall be spread upon the surrounding property of the Grantor at his option. ~ ;:;1'1 "..'2 ::u ,-. -<i-2 ,..~, :.~ -:.;.., ~r:_1 r t~~~~ ~;~~_.: (".C) 3: %lit - 2. The Grantee shall cause to be erected a three strand barbed wire fence affixed to cypress posts on 15 ft. centers, same to replace the existing barbed wire fences currently located along the east and south boundaries of the 40 acre tract presently owned by the Grantor; and the Grantee will cause to be fully restored the existing barbed wire fence running along the west side of the homestead 40 acre tract presently owned by the Grantor; such restoration, however, being expressly restricted to that portion of the barbed wire fence which presently traverses the permanent and temporary easements being utilized by the Grantee. ,,...,, A o .... -0 3: co 2. ~.:r> m'~'1"i ::u,,-- ~-~~ ... en ~ 3. Sewer manhole castings shall be located at a depth approximately one foot below prevailing ground level, as directed by the Engineer for the Grantor, in such instances where said manholes be located in an area being utilized by the Grantor for agricultural purposes. 4. Plug stubs will be provided at manholes at such points and elevations as shall be designated by the Engineer for the Grantor. 5. The Grantor shall have the right to construct and maintain a private roadway of durable material upon the permanent easement, herein; but the Grantor hereby agrees that no other form of permanent structure may be erected thereon. 6. The Grantor shall have the right to construct manholes at his expense, at such points in the main trunk line as may be found by him to be necessary to connect a system of lateral sewers; and the tap charges customarily required by the Grantee for tapping into such manholes are hereby waived. . 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 =1= jtl-6S3-(jlJ .8 -_._._.~j .:.I '. I I -'("'11-";"'- 293 -, R ,.-, .~ !.\ 10.:) rAbc...,; 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 at such time as this property may be annexed by the City of Clearwater, Grantee. Restoration of property shall be made as set forth in the Addendum to Easement attached hereto and made a part hereof by reference. 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 parties hereto have set their hands and seals this J3 v~ day of A-py.; \ ' 1963. Signed, sealed and delivered in the presence of: M nru13, \i~A'-hrp.A~cl \ ~x,}J/€! ~SEALJ ' ' Henry L. McMulle f)/)1 ~L4- ~~In.'-~ Eva . rry McMullen (SEAL) STA TE OF FLORIDA ) ) COUNTY OF PINELLAS ) Before me personally appeared Henry L. McMullen and Eva Terry 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 therein expressed. WITNESS my hand and official seal thi s ;)] J day of A. D. 196 3 A--p ~ \ )V) f') VIA ~. Wet Inrl!:-l \ C h ,',:H'~;.!. '_J"". ' '~tary Public' '>~':':'~'~"/.:' '" _;. OJ ~ ' - , _. '"OJ- ,;,(,; " L My Commission Expires: Notary Public, State of F!orida at Large My Comm:ss'on Exp:res Nov. 21, 1965 8on"ed by American Surety Co. of N. Y. :,.;. ',,-,;/ V /. <'/, (." :i " -2- I OR. 1675 PAGE294 Clearwater :4st South Interceptor CLEI - 50 (Henry L. McMullen) ADDENDUM TO EASEMENT . '. '~ The following requirements will govern clearing, excavation and restoration of property and public rights of way for constr.uction of the interceptor sewer and are an explicit tart of the construction contract; which provisions shall be binding on the City of learwater: 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 mannet 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. -G~I-by-burning-rnayb-e-aHowed-- i:E-,- il'l-tfi-e-ep:tni~-ef tae -Engin-e-er-,- aC~tiate -pr-ecaution -ha-s- be-en-taken- to-prevent- ~F~€6eil'lg~-~{~afid-n~~te~aeent~ies~-~~~Taetor~ij .. . -~W~~7-9~.f.y*],.y-...~-ef>E>B08ie],.e..ie1"-aU ~ 'E)i~~H:l"'flil'lg;-- -.. '..-..--.. (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 coopera.to '.Vith 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. I '> \~ ~ '" , -~ I 68?S9B ~l~~~~a~r East South Interceptor Henry L. -McMullen EASEMENT OR 1fr?5 PAGE290 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, Henry L. McMullen and Eva Terry McMullen, his wife, 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 NW cor. of Government Lot 2, being the NW cor. of the SW 1/4 of the NW 1/4 of Sec. 20, Twp. 29 S., Rge. 16 E. and run thence S 89013112'1 E, along the 40 acre line, 100.0 ft., for P. O. B., thence S 89013112"E; along the 40 acre line, 1725.0 ft., thence S 0052125" W 15.0 ft., thence N 89013112" W 1725.0 ft., thence N 0052125" E 15.0 ft. to p. O. B. ; and An easement West of, parallel and adjacent to U. S. Highway 19, being the Westerly 20.0 ft. of the East 30.0 ft. of the West 1233.0 ft. of the .SE 1/4 of the NE 1/4 of Section 19, Township 29 S., Range 16 E.; and The Northerly 10.0 ft. of the Southerly 15.0 ft. of the SE 1/4 of the NE 1/4 of Section 19, Township 29 South, Range 16 East, less the Easterly 100.0 ft. thereof; and less the Westerly 223. 11 It. thereof. 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 agr eed 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 under~brush, vines, brambles and trees less than six . h . d" ,measure f b d) '.d . ht lnc es ln lametert\at pOlnt wo eet a ove groun ln sal easement; rlg 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 extended by written agreement ht::, ;Or~ of the parties hereto. Restoration of property shall be made as set forth in the :;>:'1'" Addendum to Easement attached hereto and made a part hereof by reference. IN WITNESS WHEREOF, the part ies hereto ha ve set their hand s and seal s this ;;:>3~ day of A-yl--i\ ~ , 196 3 :;o.:l'! <,fTl P'lS' ~~ -- ~r- ~'~ g:{: (n .,... c::t~), ~ J'_. ~-. c...c :x J:to -< .A. o (7) -0 3: .. 0, c...,) Signed, sealed and delivered in the presence of: ~7~~~/~...(SEAL) Hen L. Mc u leh ~ Cl~ C. V1J.,)...\nr~'r_J ST:O~ ) COUNTY OF PINELLAS ) ~ ~ '--hLe~_ (SEAL) Eva Ter McMullen .--'0, .._"--__._.c--__ __.__=-.......,________ ____ __,._,._____ ____ ~~__ ______.__ _. Before me personally appeared Henry L. McMullen and Eva Terry McMullen, his wife, tome 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 ~3vJ day of '.' " : ~"~1~"~'~- ',~ -~';~~ --~- ,.::: -'. My Commission Expires: Notary Public, State of F!O-rida at Large My Co:nmss-on Exp:rcs ~!ov. 21, 1965 Bonded by American Surety Go. of N. y, )V\ avu E.', \V~~~2~ ! , Notary Pu~ it; "-"_ ~, ~. .. t · , ADDENDUM TO EASEWiENT Clearwater last South Interceptor CLEI - 50 ( enry L. McMullen) DR. 16'l5 PAGE291 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 explict}.Uart of the construction contract; which provisions shall be binding on the City. learwater: 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 t<;> the Owner. All property, both public and private, disturbed or damaged during ~he prosecution of the work shall be restored to its former condition. Final payment will be withheld until such work is accomplished. Safety, ProtectioIi 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 m.anner 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 dam.age 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 I 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 permis sion 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. msposat'by-bnrnmg-may-be'a.itowed-- if; - in -th e -opini on -of- the -Engi'nee1., - ad. eq na te preca:u1:ron ha-s- been -ta:ken- to preverrt_ ill P I' it adi.n.g. .of -the- m.e. aRd -n.u.i.-sa.n.ce tQ. .ad:j a G QR t .pl:.ope.t'.t:i.s.s..- _ :;['-he- Conti; a € tGoP- o6ha.J.l,- how.e.'\Le.J:...-..be-f.uJ.ly r~ SlponGiblQ...t:ot----a11-GQR..eql;l~R(;Q-8;;;Gt_-8\lGh:.;~U.jj!.h.l~;.:;--~ . .,...., '.'. (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 coopera.to '-Vith 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.