FLORIDA POWER CORPORATION (6)
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Revi.sed 7119/89
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89 rlUG 25 PH 2: 29
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, Made this 4th day of August ,
1989, between FLORIDA POWER CORPORATION, a corporation of the State of
Florida, whosemailingaddressisP.O.Box14042.St. Petersburg, Florida
33733, Party of the First Part, "GRANTOR" herein, and CITY OF
CLEARWATER, FLORIDA, a municipal corporation of the State of Florida whose
mailing address is 10 South Missouri Avenue, Clearwater, Florida 34616-4748,
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 considerations, in
hand paid by the GRANTEE, the receipt of which is hereby acknowledged, and
in consideration of the conditions and covenants herein contained, does hereby
grant unto GRANTEE an easement and right-of-way for the sole purpose of
installing, utilizing and maintaining a subsurface drainage structure and a
, three-foot (3') high gravity wall in conjunction with widening of pavement of
, '1 ~:::C'JrturN~ountryside Boulevard (sometimes hereinafter collectively referred to as
",cctO.oo7rLimprovements") within the following described Easement Area in the County of
.~,~,~CO'!1~J9'II" pinellas and State of Florida, to wit: ,
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An Easement Area lying adjacent to the
northerly right-of-way boundary of
Countryside Boulevard within a certain
segment of GRANTOR's fee owned 208-foot
wide transmission Right-of-Way strip
traversing a north 1 south course through the
SW 1/4 of Section 29, Township 28 South,
Range 16 East, said Easement Area being
more particularly depicted on sketch attached
hereto as Exhibit "A" and by this reference
incorporated herein and made a part hereof,
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GRANTEE shall have the right to inspect, repair andlor replace said
improvements, together with all rights and privileges reasonably necessary or
convenient for the enjoyment or use thereof for the purposes herein described,
subject, however, to the following terms and conditions to which GRANTEE
expressly agrees:
A, That GRANTOR expressly reserves unto itself, its successors,
lessees and assigns, the continued right to occupy and utilize the said
Easement Area in any manner not inconsistent with GRANTEE's facilities,
B. That any costs, attorney's fees or expenses incurred by GRANTOR
in construing or enforcing this Easement Agreement shall be borne by the
GRANTEE.
C. That in the' event GRANTEE ~hould remove or abandon said
improvements, then the rights and privileges herein shall cease and terminate
and the Easement Area shall revert to GRANTOR in its entirety.
D. That all of 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 (NESC) and the Occupational
Safety and Health Act of 1971 (OSHA). GRANTEE is further notified and
hereby agrees to so notify any of GRANTEE's employees, agents, contractors,
representatives or other persons engaging in GRANTEE's activities upon said
Easement Area with GRANTEE's knowledge and under GRANTEE's supervision
or control, that extreme caution is necessary around all of GRANTOR's
electrical facilities, supporting structures, anchor guys or related
appurtenances, and in the event of any damages or injuries, GRANTEE shall
immediately report the nature and extent thereof to GRANTOR's nearest local
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E, That. the ",Ilidity of this Agreement is COILingent upon its being
properly executed on behalf of GRANTEE to signify GRANTEE's acceptance of
and agreement to abide by the terms and conditions set forth herein.
F. That GRANTOR's consent to GRANTEE's use of the Easement Area is
limited. Such conditional and restricted consent creates privileges in the
GRANTEE to use the Easement Area only insofar as compliance with the.
conditions herein is continued,
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G. That the validity of this Agreement is contingent upon GRANTEE
first obtaining proper zoning, authority, approval andlor permit from the
appropriate governmental body or public agency having jurisdiction over such
utilization at this location. If such zoning, authority, approval andlor permit
is not secured, this Agreement will be considered null and void,
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H. That GRANTOR shall not be liable for any damages to GRANTEE's
utilization howsoever resulting from GRANTOR's continued use and occupancy
of the Easement Area; GRANTOR, however, shall not willfully or negligently
cause undue damage to GRANTEE's utilization.
1. That GRANTOR's Transmission Rights-of-Way Inspector (Le., Mr.
Joseph G. Brown, Jr. or his designated alternate, telephone 8131 866-5109,
St. Petersburg) shall be notified by GRANTEE at least 48 hours prior to
GRANTEE's commencing initial activities within the Easement Area.
J, That GRANTEE shall be responsible for clean up of anYi and all spills
that may occur within GRANTOR's right-of-way strip, Such spills must be
reported to GRANTOR immediately.
K. That a free and easily passable twenty foot (20') wide accessway be
retained along the length of the right-of-way strip and to all transmission
structures for use by GRANTOR for emergency access and for normal
maintenance and patrol purposes.
L. That GRANTEE shall not use a dragline or cable type crane within
GRANTOR's Easement Area.
M. That GRANTEE shall adhere to provisions in NESC regarding
clearances between ground level and electric conductors. G'f'Ound elevation
must not be increased more than two feet (2').
N. That if the utilization area is fenced GRANTEE shall install a sixteen
foot (16') gate in the fence making that portion of the right-of-way strip
accessible, Gate should have a lock installed by GRANTOR.
O. That GRANTEE shall assume the sole duty, responsibility and
obligation of mowing and otherwise maintaining the surface of the portion of
the Easement Area in a condition at least as good as the surrounding area.
p, That the entire disturbed area within the Easement Area, including
GRANTOR's patrol road shall be restored by GRANTEE to a condition at least
as good as that which existed prior to construction,
Q. That upon completion of operations, GRANTEE
GRANTOR's Transmission Rights-of-Way Inspector heretofore
above Paragraph I for inspection of the Easement Area,
shall notify
mentioned in
R. That GRANTEE shall furnish GRANTOR with a set of as built
drawings within thirty days of final construction.
S. That nothing contained in this grant of easement or contemplated is
intended to or shall increase GRANTOR's liability for personal injury or death
or for any property damage, and it is hereby expressly understood and agreed
,by the GRANTEE (a) that GRANTOR does not assume any such additional
liability, (b) that liability arising out of the use and occupancy of the
Easement Area by GRANTEE, and GRANTEE's employees, agents, contractors,
or any representative, is hereby assumed by GRANTEE and shall be at the
sole and exclusive risk of GRANTEE, (c) that GRANTEE shall answer and
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Page 2 of 3 Pages
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satisfy to GR~NTOR" satisfaction any and all comPlJnts, (d) that GRANTEE
shall to the extent of Section 768.28, Florida Statutes, protect, defend, hold
harmless and indemnify GRANTOR from and against any and all actions,
claims, damages and/or loss, including costs and attorney's fees, occasioned
by or growing out of any actual or claimed usage or condition of the Easement
Area arising in any manner whatsoever, directly or indirectly by reason of
this grant of easement to GRANTEE for the use and occupancy of GRANTOR's
premises by GRANTEE, its employees, agents, contractors or any
representative, and (e) that GRANTEE covenants not to interfere with
GRANTOR's facilities in any manner whatsoever and shall fully indemnify
GRANTOR from any and all losses as in Section "( d)" above resulting from
such interference. With respect to any person not a party to this Easement
Agreement, however, nothing herein shall be construed as a waiver by the
GRANTEE of any of the defenses and limitations available to the GRANTEE
pursuant to Section 768.28, Florida Statutes, or successor provisions thereto,
T. That upon GRANTEE's breach of any condition contained herein, this
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 5 working days after receipt of such written notification,
shall become null and void and all grants and rights contained herein shall
thereupon immediately terminate and revert to the GRANTOR in absolute, it
being expressly understood and agreed that the GRANTEE shall be liable for
any and all losses as mentioned in Paragraph "s" above occurring up to the
effective date of such termination. GRANTEE further covenants to reimburse
GRANTOR for any monies expended before or after termination by GRANTOR
to return the Easement Area to its original condition.
U. That this Agreement is personal to GRANTEE and shall not be
assigned or transferred in whole or in part without the express written
consent of GRANTOR.
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.
WITNESSES:
FLORIDA POWER CORPORATION
(asGRAN R)
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By
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Attest:
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Assistant Secr
WITNESSES:
CITY OF CLEARWATER, FLORIDA
(as GR NTEE)
By
Approved as to form
and correctness:
~~y
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Mayor- CommiSsioner
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Page 3 of 3 Pages
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FINELLAj COUNTY jar2f};'T-28-j,R-IG-6
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OR 7 0 13 PG \ 2 9 3
^ ~.~ ~ C ! E ! C R ~ ~ U ! R ~ M ~ N T S
for installing, utilizing and maintaining a subsurface drainage
structure and a three-foot (3') high gravity wall in conjunction
with widening of pavement of Countryside Boulevard
1. That other than GRANTOR's facilities, no overhead wires, poles, light
standards, dumpsters, signs, trees, buildings, structures or obstacles
shall be located, constructed or installed within the Easement Area without
written approval by GRANTOR.
2. That the near edge of GRANTEE's roadway shall be a rmmmum distance of
fifty feet (50') from any of GRANTOR's structures or guying.
3. That all excavations for GRANTEE's utilization shall be a rmmmum of
twenty-five feet (25') from the nearest edge of GRANTOR's transmission
structures or guying.
4. That any and all piping and/or culverts installed by GRANTEE within the
Easement Area shall have sufficient earth cover to prevent breakage due to
the operation of GRANTOR's vehicles and heavy equipment within the
right-of-way.
5. That GRANTEE shall notify GRANTOR's Supervisor of Transmission
Underground (Le., Charles A. Nuttall or his designated alternate,
telephone 813/866-5729, St. Petersburg) at least 48 hours prior to
APPLICANT's performing any excavation within the Easement Area in order
that FPC may arrange for an authorized representative to be on site to
assist in establishing the existing location of FPC's underground fuel oil
pipeline and to observe all excavation activities in proximity to said
pipeline within GRANTOR's easement strip.
6. That GRANTEE shall not install cathodic protective devices without first
notifying GRANTOR's Material Technology Engineer, Alvan L. Rite,
telephone 904/ 795-4811, Ext. 253, Crystal River.
7. That GRANTEE shall makespeeial hote of- Ouidel:inesqinvoivirrg1:tRANTO:R4's -
oil pipeline attached as Pages 2 of 3 and 3 of 3 of Exhibit "B", by this
reference incorporated herein and made a part hereof, and GRANTEE shall
comply fully with said Guidelines.
EXRIB IT "B"
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I OR 7 0 13 PG , 294
Guidelines fot construction crossinR of the Bartow to Anclote oil line
The Florida Power Corporation-Da~tow to Anclote Thermal insulated 011
transport line has been installed and is operated in compliance with
Title ~9-Part 195 Federal b.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 follows I
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 practical, provisions can
be negotiated with Florida Power Corp. for a substitution of
the soil barrier with an approved barrier.
2. Hinimum Soil Cover over DfA oil line
The minimum soil cover requirements at any location along this
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Dartow to Anclote oil pipe line has been established to be ~8
inches, as referenced from top of the pipe to'ground level, road
bed, river bottom, drain ditch bottom, etc. Any variance in this
minimum protective soil cover must be negotiated with the Florida
Power Corp. for substitute, protective, equivalent approved con-
crete structure Drawing UA-S-34-A-l.
3. ParallelinR - Duried Structures
These are two standards of acceptability for paralleling situa-
tionsl
a. Florida Power Corp. RfW, easements and other controlled areas.
1. AIl_PClrallelln&--.nf hlld p~ struc.turas And ether ,1p88 to
the DfA oil line must maintain a minimum of three (3) feet
surface to surface clearance.
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b. All paralleling situations outside the control of the Florida
Power Corp, should request the minimum three (3) feet surface
to surface clearance. Hinimum acceptable is one (1) foot sur-
face to surface, providing adequate, provisions are made for
corrosion control.
4. Roadways
Roadways of the oil pipeline must be cased and vented from R-O-W
line 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 casing, but will be required to comply with item 2 above.
Notel Actual casing requirements witl be determined by conditions
at location of the crossing.
C. A. Nuttall
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CONCRETE PIPELINE
COVER St..ABS '''_'' .__.:.=~_ .
. BARTOJV-ANCI.ore PIPEl.INe
FLORIDA. POWER CORPORATION
IT. 'ITI..'UIO 'lOIlOA
DRAWING NO, 11-5.34 -:/1 ':' I
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