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DRAINAGE EASEMENT AGREEMENT
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THIS DRAINAGE EASEMENT AGREEMENT, Made and entered into on this Z/ - day of
\/~tlt1~ ' A.D. 1977, by and between FLORIDA POWER CORPORATION, a private
corporation f the State of Florida, Party of the First Part, "GRANTOR" herein, and
the CI'lY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida,
Party of the Second Part, "GRANTEE" herein;
WITNESSETH, That, for and in consideration of the sum of One Dollar ($1.00) in
hand paid by the GRANTEE to the GRANTOR, the receipt of which is hereby acknowledged,
and in further consideration of the conditions and covenants herein contained, GRANTOR
does hereby grant and convey unto GRANTEE and to its successors and assigns, the right,
privilege and easement to install, construct, reconstruct, operate and maintain under-
ground storm drainage pipes, manholes and endwalls centered within four separate 20-
foot wide Easement Areas extending across GRANTOR'S 208-foot wide fee-owned right-of-
way corridor comprising the West 208 feet of Section 20, Township 28 South, Range 16
East, Pinellas County, Florida (as established by deed recorded as Clerk's Instrument
No. 998388A, Public Records of Pinellas County, Florida), said 20-foot wide Easement
Areas being more particularly located and described as follows, to wit;
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EASEMENT AREA NO.1:
(Crossing at approximately 77 feet North of GRANTOR'S Tower No. NC-74)
A 20-foot wide Easement Area comprising the South 20 feet of West 208
feet of Section 20, Township 28 South, Range 16 East.
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EASEMENT AREA NO.2:
(Crossing at approximately 250 feet South of GRANTOR'S Tower No. NC-76)
From the Southwest Corner of Section 20, Township 28 South, Range 16
East, run N. 00002'58" W., along the West boundary of said Section 20
(being also the West boundary of GRANTOR'S 208-foot wide right-of-way
corridor), for 1830.40 feet to the Point of Beginning of the center-
line of a 20-foot wide Easement Area defined as lying 10 feet on each
side of said centerline which bears S. 75014'17" E. for 215.15 feet to
the Point of Termination of said centerline on the East boundary of
said right-of-way corridor.
EASEMENT AREA NO.3:
(Crossing at approximately 445 feet South of GRANTOR'S Tower No, NC-77)
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Begin at the West ~ Corner of Section 20, Township 28 South, Range 16
East (and on the West boundary of GRANTOR'S 208-foot wide right-of-way
corridor), as the Point of Beginning of the centerline of a 20-foot wide
Easement Area defined as lying 10 feet on each side of said centerline
which bears S. 83007'55" E. for 209.53 feet to the Point of Termination
of said centerline on the East boundary of said right-of-way corridor.
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EASEMENT AREA NO.4:
(Crossing at approximately 340 feet North of GRANTOR'S Tower No. NC-77)
A 20-foot wide Easement Area comprising the North 20 feet of South 781.58
feet of West 208 feet of NW~ of Section 20, Township 28 South, Range 16
East.
THE LOCATIONS AND EXTENT OF THE ABOVE-DESCRIBED 20-FOOT WIDE EASEMENT
AREAS ACROSS GRANTOR'S 208-FOOT WIDE FEE-OWNED RIGHT-OF-WAY CORRIDOR
ARE SUBSTANTIALLY AS SHOWN ON PRINT OF SKETCH ATTACHED HERETO AS
EXHIBIT '~" AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART
HEREOF.
GRANTEE shall have the right to inspect, maintain, repair and/or replace such
drainage improvements within the Easement Areas, together with all rights and privi-
leges reasonably necessary for the enjoyment or use thereof solely for the purposes
herein described, SUBJECT, however, to the following terms and conditions to which
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ThIs document prepare-<! by R. W. NElSER
.~.. . Fla, Power Corp.
P. O. Box 14042, St. Petersburg, Fla. 33733
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GRANTEE expressly agrees by its acceptance of this grant of easement:
1. That GRANTEE recognizes the 20-foot wide Easement Areas are and shall remain
a part of GRANTOR'S 208-foot wide fee-owned North-South right-of-way corridor presently
accommodating GRANTOR'S aerial wire lines for the high-voltage transmission and distri-
bution of electricity, an underground pipeline for the high-pressure transportation of
hot fuel oil or other substances, and certain other related attachments, fixtures, ac-
cessories and facilities appurtenant thereto.
2, (a) That GRANTEE shall notify Mr. F, E. Badger or his designated alternate at
GRANTOR'S Transmission Construction and Maintenance Department (Telephone: 813/866-5240,
St. Petersburg) at least 48 hours prior to GRANTEE commencing INITIAL activities of any
sort within the Easement Areas upon GRANTOR'S premises;
AND
(b) That GRANTEE shall notify Mr. D, M. Falvey or his designated alternate at
GRANTOR'S Transmission Underground Department (Telephone: 813/866-5729, St. Petersburg)
at least 48 hours prior to GRANTEE commencing any EXCAVATION activities within the
Easement Areas upon GRANTOR'S premises so arrangements can be made for GRANTOR to send
an authorized representative to assist GRANTEE in determining the actual alignment and
buried depth of GRANTOR'S underground oil pipeline at the points where said oil pipeline
will be crossed by GRANTEE'S underground drainage pipes.
3, That GRANTEE covenants and agrees to in stall its underground storm drainage
pipes at such depth above or below GRANTOR'S oil pipeline as to leave at least 12 inches
of clearance between their respective peripheral extremities at the points of crossing.
4, That GRANTEE further covenants and agrees all excavation in connection with
said drainage improvement installations shall be properly backfilled, compacted, graded
and leveled by GRANTEE immediately after the drainage pipes are laid so as to promptly
reinstate at least 42 inches of stable earth cover over GRANTOR'S oil pipeline, and
the entire disturbed area shall then be reseeded or resodded and cultivated by GRANTEE
until a stand of grass acceptable to GRANTOR'S field representatives is established.
5. That GRANTEE'S underground drainage pipes shall be buried at a sufficient
depth below grade to provide adequate earth cover for protection against breakage or
crushing by GRANTOR'S vehicles and heavy equipment manuevering within GRANTOR'S said
208-foot wide right-of-way corridor from time to time.
6. That any spoil remaining after completion of GRANTEE'S backfilling opera-
tions shall be distributed, leveled and seeded within low-lying areas on GRANTOR'S
lands as directed by GRANTOR'S field representatives or removed from the premises as
directed by GRANTOR.
7. That GRANTOR expressly reserves unto itself, its successors and assigns
the continued right to utilize the said 20-foot wide Easement Areas in any way or man-
ner not inconsistent with GRANTEE'S use thereof, and the further right to designate al-
ternate locations for any of GRANTEE'S aforesaid underground storm drainage pipe cross-
ings should GRANTOR determine any such crossings constitute actual physical conflict
with GRANTOR'S planned future construction within the 208-foot wide right-of-way cor-
ridor. GRANTEE covenants to accomplish such relocation, at GRANTEE'S expense, within
30 days after receipt of written notification from GRANTOR to do so.
8. That GRANTOR shall not be liable for damage to GRANTEE'S drainage improve-
ments howsoever resulting from the use or occupancy of the lands by GRANTOR. The GRAN-
TOR, however, shall not willfully cause undue damage to said improvements.
9. That GRANTEE hereby assumes the sole duty, responsibility and obligation
of properly maintaining all its installed drainage improvements as well as all existing
ditches upon and within GRANTOR'S above-described 208-foot wide right-of-way corridor
which are or become a part of GRANTEE'S area drainage outfall pattern in pursuance of
this grant of easement.
10. That GRANTEE agrees, by its acceptance hereof, that nothing herein contained
or contemplated shall, at any time, increase GRANTOR'S risk or liability for any personal
injury or death or for any property damage, and it is expressly understood and agreed
(a) that GRANTOR does not assume any such additional risk, (b) that liability arising
out of the use and occupancy of the 20-foot wide Easement Areas upon GRANTOR'S premises
by GRANTEE, its employees, agents, contractors or any representative is hereby assumed
by GRANTEE and shall be at the sole and exclusive risk of GRANTEE, and (c) that GRANTEE
hereby expressly agrees to answer and satisfy to GRANTOR'S satisfaction any and all
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10. (c) cont'd.
complaints and to protect, defend, hold harmless and indemnify GRANTOR from and against
any and all actions, claims, damages and/or loss, including costs and attorneys'fees,
occasioned by or growing out of any actual or claimed usage or condition of the 20-foot
wide Easement Areas upon GRANTOR'S premises or caused, incurred or arising in any manner
whatsoever, directly or indirectly, by reason of this Drainage Easement Agreement or the
use and occupancy of the said Easement Areas by GRANTEE, its employees, agents, contractors
or any representative, including but not necessarily limited to (i) flooding of lakes,
ditches or surrounding lands~ (ii) pollution or stagnation of lakes or ditches, and/or
(Hi) lowering of lake levels or lowering of water table levels on surrounding lands,
howsoever resulting and irrespective of negligence,
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ORIGINAL
0.5.4514 t'M:E1961
"
11. That within 30 days after completion of the construction of GRANTEE'S drain-
age improvements, GRANTEE shall, at GRANTEE'S sole expense, furnish and install permanent
markers as specified by GRANTOR'S field representatives to indicate the alignment of
GRANTEE'S underground pipes crossing GRANTOR'S 208-foot wide right-of-way corridor.
12. That upon GRANTEE'S breach of any covenant or condition contained herein,
this Drainage Easement Agreement after written notification by GRANTOR to GRANTEE of
such breach and upon failure of GRANTEE to remedy or remove such breach within a period
of five (5) working days after receipt of such written notification, shall cease and
terminate and shall become null and void and the right, privilege and easement herein
granted shall thereupon immediately revert to the GRANTOR in absolute; however, GRANTOR
expressly does not waive any rights of recourse GRANTOR may have against GRANTEE for
damages sustained by GRANTOR as a result of such breach,
13. That all of GRANTEE'S operations, activities and equipment used within
GRANTOR'S 208-foot wide right-of-way corridor shall at all times be in strict compliance
with all applicable provisions of the National Electrical Safety Code and the rules and
regulations of the Industrial Safety Section of the State of Florida Department of Com-
merce.
14. That other than the aforesaid underground storm drainage pipes, manholes,
endwalls and permanent markers, GRANTEE shall not build, construct or create any build-
ings, structures, obstacles or open ditches within the 20-foot wide Easement Areas upon
GRANTOR'S premises.
15. That GRANTEE, in and about the installation, operation, utilization and
maintenance of GRANTEE'S storm drainage improvements within GRANTOR'S 208-foot wide
right-of-way corridor, and GRANTEE so covenants, shall not therein interfere with
GRANTOR'S facilities,
16. That GRANTEE shall furnish GRANTOR a certified copy of the resolution or
ordinance authorizing GRANTEE to accept and enter into this Drainage Easement Agree-
ment.
17. That this Drainage Easement Agreement shall inure to the benfit of and be
binding upon the Parties hereto and their respective successors and assigns.
The GRANTOR covenants that it has the right to convey this Drainage Easement
Agreement and that the GRANTEE, its successors and assigns, shall have quiet and
peaceful possession, use and enjoyment thereof SUBJECT to the above terms and conditions,
IN WITNESS WHEREOF, the aforesaid Parties have caused these presents to be signed
in their respective names by their proper officers thereunto duly authorized and their
respective corporate seals to be hereunto affixed and attested, all as of the day and year
first above written.
FLORIDA POWER CORPORATION
(as GRANTOR)
Signed, sealed and delivered
in the presence of:
By
Attest:
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. O. t 4514 fM:E1962
CITY OF CLEARWATER, FLORIDA
(as GRANTEE)
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Signed, sealed and delivered
in the presence of:
By
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Countersigned:
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Title: Mayor-Commissioner
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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The foregoing instrument was acknowledged before me this "I - day of
r I , A.D. 1977, by Neq.B- ~9LLe and
e J?J, a , respectively A..r,r/J'Tt2H/
Vice Pr~~~,c;l~i!,t:i.and. ,;q..r.r,~S{ ah~- S:cretary of FLORIDA POWER CORPORATION,
a F10,d~a ~f!)j1'pPt<;l,tl.On, on behalf of t~ corporatl.On.
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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o j . The foregoing instrument was acknowledged before me this ..2 ~ ;e/ day of
~~ ' A.D. 1977, by . ' Pi ('I()+ R. F} oyd, 'T'homas A R11stin,
R. G. WHltehead and Gabriel Ca7.~~p.~
respectively City Manager, City Attornev. City Clerk and
Mayor-Commissioner
of the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida,
on behalf of the corporation.
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Notary Public, Slate of Florida at Large
My Commission Expires S<lpt. 29, 1977
BondQd by American Fire & Casualty Co,
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