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FLORIDA POWER CORPORATION ... i:C. .. w>- ~1Xi <=- ...JI-l IXiW WH -LL.. I-lH .i:C. u..W ::> Z_ ~~ .., i:C. :io -..- U ~ ~ lNr~V ~;~~ lEt- ~ LC W- LiS ""IlIIIIII . , . -' i ,gF~!::_B~~~L~~~~?r~~~~~I!{,~~ 88_ CL-215 8126/91 REW/jlr I INST t 91-282038 nmQ~T_:1_~..!_19(1!.m~:Q4F-,-t-i.._ EASEMENT AGREEMENT (~,',~,l V"lJN. AL ...,'(~, e q,itt. () d;. THIS EASEMENT AGREEMENT, Made this ~ay of ~. , 1991, between FLORIDA POWER CORPORATION, a corporation of the State of Florida, whose mailing address is P.O. Box 14042,St. Petersburg, Florida 33733, Party of the First Part, "GRANTOR" herein, and CITY OF CLEARWATER, a Florida municipal corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 34618-4748, 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 installation, operation and maintenance of a single underground run of 6-inch PVC force main pipeline (sometimes hereinafter collectively referred to as "improvements") within the following described Easement Area in the County of Pinellas and State of Florida, to wit: .11 REFOOO~O ~~~ REC ~ FEES MTF PTG PiC O:J c ~~',b O~, INT TOTAL 3_tl.o~. o Begin at the concrete monument marking the most southeasterly corner of DARRYL's (subdivision) in the NE 1/4 of Section 31, Township 28 South, Range 16 East, according to the subdivision plat recorded in Piat Book 84 at Page 78 of the Public Records of Pinellas County, Florida (said concrete monument being also located upon the northerly boundary of GRANTOR's 175-foot wide fee-owned right-of-way corridor as described in Warranty Deed recorded in O.R. Book 1518 at Page 92 as Clerk's Instrument No. 993727A of said Public Records) as the Point of Beginning of the centerline of a lO-foot wide Easement Area defined as lying and extending 5 feet on each side of and along said centerline which bears approximately S.09o It. for approximately 185 feet to a point of intersection with the southerly boundary of GRANTOR's said 175-foot wide corridor and the Point of Terminus of this centerline description; said lO-foot wide Easement Area being generally depicted on print of sketch attached hereto as Exhibit "Aft and by this reference incorporated herein and made a part hereof. GRANTEE shall have the right to inspect, repair and/or 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 of litigation incurred by GRANTOR in construing or enforcing this Easement Agreement shall be borne by the non-prevailing Party. C. That in the event GRANTEE should 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. (locumentllr ax Pd. 8 f> Or! .4' $ Intangible fax Pd. Karle. k, Pin!lllas County Deputy Cieri< f~rr ., ~ RETURN TO:; C!TY CLERK rn::'T OFFICE BOX 4748 CLEAf1'J'JATER, FL 34618-4748, J . . PINELLAS COUNTY FLA. I 1___ 0 F F . F-\ E C .B K ??,2~_--,=,-G_~~,~~ D. 'Ibat 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 (NESq 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, supponing 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 office. GRANTEE further notes specifications penaining to necessary precautions and requirements within GRANTOR's right-of-way strip. Said specifications attached hereto and marked Exhibit -B-. E. That the validity of this Agreement is contingent 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. Failure of GRANTEE to sign this Agreement and return the marked copy to FPC within 30 days from the date of the Agreement shall automatically render the Agreement null and void. 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. G. That the validity of this Agreement is contingent upon GRANTEE first obtaining proper zoning, authority, approval and/or permit from the appropriate governmental body or public agency having jurisdiction over such utilization at this location. If such zoning, authority, approval and/or permit is not secured, this Agreement will be considered null and void. 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 cause undue damage to GRANTEE's utilization. I. That GRANTOR's Transmission Rights-of-Way Inspector (i.e., Mr. Terry Whitecar or his designated alternate, telephone 813/866-5109, 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 any 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. Area. L That GRANTEE shall not use a dragline or cable type crane within GRANTOR's Easement M. That GRANTEE shall adhere to provisions in NESC regarding clearances between ground level and electric conductors. Ground 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. r.,it~-] , /t L ~ Page 2 of 4 Pages .. I 1"or-~F:~~~~~\~~~~J; ~~~T~. 8Ft; ~,.~ () Q. That upon rompletion of operations, GRANTEE shall notify GRANTOR's Transmission Rights- of-Way Inspector heretofore mentioned in above Paragraph I for inspection of the Easement Area. R. That GRANTEE shall furnish GRANTOR with a set of as built drawings within thirty days of final ronstruction. S. That nothing rontained in this grant of easement or rontemplated 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 satisfy to GRANTOR's satisfaction any and all romplaints, (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 rosts 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 rovenants 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. T. That upon GRANTEE's breach of any rondition 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 "SO 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. Signed, sealed and delivered in the presence of: FLORIDA POWER CORPORATION (as GRANTjR) , ( ~ /) Lilt. 1~ ~~':l ~fl!?~ .4-ar J ~ Attest: 1NITI8L /r rro Page 3 of 4 Pages . . I Signed, sealed and delivered in the presence of: I t2tuJ~ ~ Approved as to form and correctness: City INITIAL b.1/r LCJ I PINELL..AS COUNTY FL..A. ~.QfJ~"BI~~(~.J.lK 7'70~ _ ,=,!J__~191 City ~~~~~ ;~ll('hitJ it:;' -- ,:'~"~,, lJl.t, '~Io.> _' .} ',I ,,,,:..," , ".'. "- ~:-- ,~, .......-,,->> ~" ! -""'~ ~ "- \, ,/, -J/!/ol"', '..... o<il~ <', Countersigned:,' .:j /.~""....;~ \ f- i-'" J'j' ;'.l i (,'i! I..... \ ... >, \, . '. j v\;,. ~- '\ \\'....",......... Page 4 of 4 Pages THIS IS NOT A SURIIEY..... SITE SKETCH ONLY! PINELLAS COUNTY FLA. OFF.REC.BK 7706 PG 2192 - -------.------.--.....,------------- . PINELLAS COUNTY SEC. 31, T-28-S, R-16-E 1"-100' -----------------~0-- I NORTH LINE OF SE 1/4 OF NE 1/4 OF SECT. 31 '. ". ". ". ". ". ". ". ". >" ./ '. "" , " " " " " " " ". 'c::. \'\1\ \. \~ \; \'<P .,~ \ . \~ ANEC-2 ANL-86 .:>... ../,' \ /' .. .' \ ./' . .,/" \ /' .. . '. \. \ cJI\ .~ \ .\\ '. \ \ \ \ \ LEGEND - - - - F.P.C. R/W ---1[--- F.P.C. FEE-OWNED R/W . . F.P.C. TRANS. CENTERUNE rh~~~~t.:;~~~~~~~:-:~ EASEMENT AREA( 10' WIDE) U.G. PIPING(6" FORCE MAIN) ell F.P.C. BARTOW-ANCLOTE HOT OIL PIPEUNE EXHIBIT "A" CITY OF CLEARWATER 7-22-91 CL-215 DRAWN By:m. anlROD . , I) NIJJAL [( I;tl/ ~-- That other than GRANTOR's facilities, no overhead wires, poles, light standards, dumpsters, signs, trees, o buildings, structures or obstacles shall be located, constructed or installed within the Easement Area or ." elsewhere within the right-of-way corridor without written approval by GRANTOR. ~ ""!J :1JH iliz That all excavations for GRANTEE's utilization shall be a minimum of twenty-five feet (25') from the nearest n ~ edge of GRANTOR's transmission structures or guying. ~ i- ^l; , '-J '-In 00 o-C z -{ 'iJ-< G)." >.j r ;"":1>- -0. (;.i , ~~g~!!:!~ RgQU!RgMENI~ for Ulstallation.lperation and maintenance of a single undei:ound run of 6-inch PVC force main pipeline 1. 2. 3. That any and all piping 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 corridor. 4. That GRANTEE corridor. refueling operations take place within the right-of-way that no agrees 5. That no parking or storage shall occur under or near GRANTOR'S facilities. 6. That GRANTEE agrees to furnish and install permanent markers showing the location of the underground facilities within the Easement Area. Said markers shall be GRANTEE's responsibility at all times. 7. That GRANTEE shall notify GRANTOR's Supervisor of Transmission Underground (i.e., Charles A Nuttall or his designated alternate, telephone 8131866-5729, S1. Petersburg) at least 48 hours prior to APPLICANTs 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 right-of- way corridor. 8. That GRANTEE shall make special note of Guidelines involving GRANTOR'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. 9. That GRANTEE's force main pipeline shall cross above GRANTOR's existing fuel oil pipeline. EXHIBIT "B" PAGE 1 OF 3 PAGES f~LI , , ,", ,. , ,W'All w I~J I Cuidelines for construction cross inK Jl the Bartow-to-Anclote ~l Line The flQrida 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 - Crosslna Situations The minimum clearances required for crossing situations of the DfA 011 line and proposed other lines or structures follows! a. Haintain 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 nesotlated with 1l0rida Power Corp. for a substitution of the loi1 barrier with an approve4 barrier. Z. Hinimum,Soil Cover over BIA oil line The minimum soU cover requirements at any location along this Bartow-to-Anclote oU 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 solI cover must be nelotiated with the Florids Power Corp. for substitute, protective, equivalent approved con- crete structure Drawlnl 'A-S-J4-A-l. J. Para11e1ina - Buried Structures Theie are two Itandardl of acceptability for paranellnl litua- tionl' a. Florida Power Corp. R/w, easements and other controlled areas. 1. All paralleUna of buried structures and other pipes to the alA 011 line must maintain a .inimum of three (3) feet surface to surface clearance. b. All paralle11nl situation. outside the control of the Florida Pover Corp. Ihou1d request the mlnl~ three (3) feet lurface to lurface clearance. Hlnimum acceptable il one (1) foot lur- face to ludace, provldins adequate provislona an made for corroaion control. 4. RoadwaYI RoadwaYI ov.,. the oU pipeline must be cased end vented from R-O-W line to R-O-W lln.. Driveway. which can be closed to aUow for maintenance on the pipeline will not noraally be required to pro- vide casins, but will be required to comply with item Z above. Note. Actual ca. Ins requirement. will be determined by conditions at location of the cro.sins. C. A. Nuttall r3J9RPl-8 EXHIBIT "B" Pase 2 of 3 Pages o 'Tl 'Tl..... + .... 7.JH jT1Z ("")~ .. , I;I.1r -.;-30 ..... (,0 '...1("") '...10 Oc o-z -{ iJ-< Gl.." t.J r .....30 -.0" .::> ,.. ,. . .. , \,'. ,(; ". ~ . I I PINELLAS COUNTY FLA. OFF.REC.BK 7706 PG 2195 5~e Plltn31L 'le" . / . II V , ......., / .F , I- - ~! It') i- G> .+- - "- 1-0--- -- ~ -- - -1 - J '- ~ ./ '. - .--- lit .J .. +"~ ~I.! 'i. tJ'1JH' 1fI."I" 6lA e . t.,_ "- -.t. . 1:' ..;. -l{ ~ · P l..A .N:::... . IrAti: '-." ~o~ S1J,f ",~ . . , , I "I..,n ~"7 AU ..~a; tIS aIIC ". c"e '.""''''1 "'.0 " : '. J · E I. E V A :r ION · srAU: ,-..t'.q" ."..: I. c.... ...... .... .1.. "".... ., 10001lLI. I. II.... ,. "".. "'1 .",. 40. .. c.... ...... .. "" II ....,. ..rtll. C'...I 4. ..,.. I. ..... .M" .11 ....... II'UII"~ "'" 'Oil lAC" IUI COICCIIU' ....,.. DETAIL i11t , ___. J'AU I". ,'.0' IC'"'QIICIU """ . . II... .... ., ... '"C "... '''''1.1 . ..'. o. n. II.. I .... " I'. '.C..", ,......1 . II' . .' . . II... .."., ..' II.,.. ,......1 . .'..' I' .... ....., t. I. 1..1.1 111'...1 . I'. I' II.. I .... ,.,.1 "... ,...... .' ,.... " (,ON(~Gre PIPGI.IN~ COVEl! Sl.A8S '...., ,__~::.:...-:: _ , PROJECT 8ARrOW-"/N(I.Ore PIPeliNE I vITI ~~ ..n " 'LOIUDA POWER CORPORATION '11.,111011 ,IT ca. A". If. '......v.. 'UI' , DAU}!1R {'CALI_W.flL__I\'_i3=LCK~,,~1_ DRAWING NO, A-SJ4 ~A~ I ~f;lTIrAL I .~. I .L EXHIBIT "B" P _Ljf:J Pa.e 3 of 3 Pa...