FLORIDA POWER CORPORATION (7)
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PINEt.LAS i:n. f'LCR!:lA
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77006350
52-HD/NC/BAP 9-15-76
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OB1G1NAL
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SANIv.R.Y SEWER
EASEMENT AGREEMENT
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THIS EASEMENT AGREEMENT, made this /7 day of JeJ)T~~ ,
A.D. 1976, between FLORIDA POWER CORPORATION, a corporation of the S'tate of
Florida, Party of the First Part, "GRANTOR" herein, and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation of the State of Florida, Party of the Second
Part, "GRANTEE" herein;
WITNESSETH: That the said GRANTOR, for and in consideration of the
sum:of One Dollar ($1.00) and other good and valuable conSideration, in hand
paid by the GRANTEE, the receipt of which is hereby acknowledged, and in con-
sideration of the conditions and covenants herein contained, does hereby grant
unto GRANTEE and to its successors, lessees and assigns, an easement and right-
of-way for such period of time as GRANTEE may use the same or until the use
thereof is abandoned by GRANTEE, for the sole purpose of excavating for, in-
stalling, operating, utilizing and maintaining an underground eight inch (8")
vitrified clay sanitary sewer gravity main along and within the following-
described Easement Area in the County of Pinellas and State of Florida, to wit:
A 10-foot wide Easement Area comprising the South 10 feet of
West 208 feet of NW~ of NW~ of Section 20, Township 28 South,
Range 16 East.
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During the period of initial construction, it is understood
and agreed that GRANTEE shall also have the right to
temporarily occupy and utilize additional area alongside
the above-described Easement Area as required for work
space, provided such additional area is restored to a con-
dition acceptable to GRANTOR.
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GRANTEE shall have the right t@ inspect, improve, repair and/or replace
the sewer main (hereinafter referred to as "installation"), together with all
rights and privileges reasonably necessary or convenient for the enjoyment or
,l,ise thereof for the purposes herein described, subject, however, to the follow-
ing terms and conditions to which GRANTEE expressly agrees:
1. That GRANTEE shall notify Mr. F. E. Badger, GRANTOR'S Superin-
tendent of Transmission Construction and Maintenance, (Telephone 813/866-5240,
St. Petersburg), at least 48 hours before commencing initial construction activities
within the Easement Area so that, if desirable, GRANTOR can have a representative
present to observe the activities.
2. That, inasmuch as GRANTEE'S installation will cross GRANTOR'S
existing underground hot fuel oil pipeline within GRANTOR'S 208-foot wide fee-
owned right-of-way corridor, 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 commencing any excavation upon GRANTOR'S
lands so arrangements can be made for GRANTOR to send an authorized representative
to assist GRANTEE in determining the actual alignment and buried depth of said oil
pipeline at the point of crossing.
3. That GRANTEE covenants and agrees to place its installation at such
depth below GRANTOR'S oil pipeline as to leave at least one foot (1') of clearance
between the outside surface of said installation and the outside surface of the soft
insulative coating of said oil pipeline.
4. That GRANTEE further covenants and agrees all excavation in connection
with said installation shall be properly backfilled, compacted, graded and leveled
immediately after the main is laid so as to reinstate at least forty-two inches (42")
of earth cover over GRANTOR'S oil pipeline and so as not to appreciably alter the
existing natural drainage runoff pattern in the area, whereupon the entire disturbed
area shall be sodded by GRANTEE to prevent erosion of GRANTOR'S premises.
This document prepared by H. A. EVERTZ, III
RlT RIJ . \.I. PO l t Fla. Power Corp.
P. O. Box 14042, St. Petersburg, Fla. 33733
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ORIGiNAL
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5. That GRANTEE'S installation shall be buried along the centerline
of the 10-foot wide Easement Area at a sufficient depth to provide adequate earth
cover to protect against breakage or crushing by GRANTOR'S vehicles and equipment
operating within GRANTOR'S premises, and GRANTEE shall furnish and set appropriate
permanent markers to show the location and alignment of GRANTEE'S installation across
GRANTOR'S premises.
6. That GRANTOR expressly reservesunto itself, its successors, lessees,
and assigns, the continued right to utilize the said Easement Area in any way or
manner not inconsistent with GRANTEE'S use thereof.
7. That GRANTOR shall not be liable for damage to GRANTEE'S Instal-
lation howsoever resulting from the use or occupancy of the lands by GRANTOR.
GRANTOR shall, however, exercise reasonable caution to prevent undue damage to
said installation.
8. That GRANTEE agrees, by 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 that
the GRANTEE expressly agrees that GRANTOR shall not assume any such additional
risk or liability. By acceptance hereof, GRANTEE further agrees that GRANTEE
shall aSSume full responsibility for all claims, damages, death or bodily injury
caused in any manner to any person or property at any time by GRANTEE'S actions
or activities upon and within GRANTOR'S premises and that GRANTEE shall protect,
indemnify and save harmless the GRANTOR, its successors, lessees and assigns,
from any and all claims, costs, damages and loss caused or incurred in any manner
from GRANTEE'S actions or activities upon or within said premises or arising in
any manner by reason of the exercise of any rights herein granted and howsoever
resulting and irrespective of negligence.
9. That upon GRANTEE'S breach of any condition contained herein,
this easement, after written notification by GRANTOR to GRANTEE of such breach,
shall become null and void and all grants and rights contained herein shall
thereupon immediately revert to the GRANTOR in absolute.
10. That GRANTEE, its successors, lessees and assigns, shall not build,
construct, or create any buildings or structures, other than the said installation,
within the said Easement Area.
11. That GRANTEE'S operations, activities and equipment used within
the Easement Area beneath or in proximity to any of GRANTOR'S electric facilities
shall, at all times, be in strict compliance with applicable provisions of the
National Electrical Safety Code and the rules and regulations of the Florida
Industrial Commission.
12. That GRANTEE, in and about the construction, operation, utiliza-
tion and maintenance of said installation within GRANTOR'S premises, and GRANTEE
so covenants, shall not therein interfere with the safe and efficient operation
and maintenance of GRANTOR'S facilities.
13. That this Agreement shall inure to the benefit of and be binding
upon the Parties hereto and their respective successors, lessees, and assigns.
The GRANTOR covenants that it has the right to convey this Easement
Agreement and that the GRANTEE, its successors, lessees and assigns, shall have
quiet and peaceful possession, use and enjoyment thereof subject to the above
terms and conditions.
en I:::) DOCUMENTARY -
ill oo:r STATE OF FLORIDA' .., =
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O~IGINAL
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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.
Signed, sealed and delivered
in the presence of:
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FLORIDA POWER CORPORATION
(as G TOR)
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Signed, sealed and delivered
in the presence of:
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CITY OF CLEARWATER, FLORIDA
(as GRANTEE
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City. Clerk
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Countersigned:
Title:
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ORIGINAL
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this
1976, by A I.J/ O,...msf-by/ and C
respectively ____ Vice President and
FLORIDA POWER CORPORATION, a Florida corporation,
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day of S ~pf
Secretary of
of the corporation.
(NOTARIAL SEAL)
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Notary Public
My co~f~~ion Expires:
Notary Public, State of Florida at large'
My Commission Expires JULY 23, 1978
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STATE OF FLORIDA )
) SSe
COUNTY OF PINELLAS' )
The1foregOing instrument was acknowledged before me this 10 day of g~~
197 , by Picot B. Floyd, Gabriel Cazares, R. G.Whitehead and Thomas
A. Bustin , respectively
City Manal!er. Mayor-Commissioner. City Clerk and City
Attorney of the CITY OF CLEARWATER, FLORIDA, a
municipal corporation of the State of Florida, on behalf of 'the corporation.
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Notary ubl~c
(NOTAR,IAL ,SE,AL)
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~y Commission Expires:
Notary Pvbllc, State of F1orido ot large
My Commission Expires Sept. 2'. 1977
oonded DY Amenc"n nr~ &. '\J..u..Jll~ '''II
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