FLORIDA POWER CORPORATION D/B/A PROGRESS ENERGY FLORIDA INC
GRANTOR's Name: City of Clearwater
8/16/05
~ Progress Energy
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200635919109/28/2006 at 10:09 AM
OFF REC BK: 15389 PG: 2369-2375
DocType:EAS RECORDING: $61.00
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, the undersigned, successors, and assigns (GRANTOR herein), in consideration of the sum
of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, grant and convey to FLORIDA POWER
CORPORATION, a Florida corporation d/b/a PROGRESS ENERGY FLORIDA, INC. (GRANTEE herein) Post Office Box 14042, St.
Petersburg, Florida 33733, its successors, assigns, lessees, licensees, transferees, permittees, and apportionees, the right, privilege and easement to
construct, remove, reconstruct, operate, and maintain in perpetuity overhead electric transmission and distribution lines and related facilities for
providing electric energy services, (including supporting structures, communication and other wires, fiber optics, guys, anchors, attachments and
accessories necessary or desirable in connection with such provision of electrical services), provided Grantee shall only be permitted to install one
monopole with associated guying, all of which may be installed or constructed over, under, upon, across, through and within the following described
lands in Pinellas County, Florida, and referred to hereinafter as the Easement Area to wit:
A portion of Lot 19 and the adjacent vacated right-of-way of the E. A. MARStW~L SUBDIVISION, as recorded in Plat Book 3, Page 44, Section
3, Township 29 South, Range 15 East, official records of Pin ell as County, Florida, being more particularly described as follows:
Commence at the intersection of the centerline of the vacated right-of-way formerly known as State Street and the extended easterly line of Lot 19
of said E. A. MARSHALL SUBDIVISION, said point being the POINT OF BEGINNING; thence along said easterly line and the extension
thereof, S 00016'06" E, a distance of 69.55 feet; thence departing said line, N 83011'44" W, a distance of90.69 feet; thence along a line 90 feet west
of and parallel to said easterly line of Lot 19, N 00016'06" W, a distance of 60.01 feet to a point on the centerline of the vacated right-of-way
formerly known as State Street; thence along said centerline S 89013'59" E, a distance of90.00 feet to the POINT OF BEGINNING, the same
being depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof.
Containing 5,790 square feet, more or less.
Tax Parcel Number: 03-29-15-55548-000-1900
Together with the right to construct, install, operate, utilize, patrol, inspect, alter, improve, repair, rebuild, or remove such lines, supporting
structures (including existing monopole, provided any relocation of the existing monopole shall not interfere with Grantor's use and operation of the
Easement Area as part of the Project as hereinafter defined) and related facilities, and to increase or decrease the number and type of wires and
voltage, and the right to stabilized, unpaved ingress and egress as may reasonably be required for these purposes.
GRANTEE shall have all other rights and privileges reasonably necessary or convenient for the safe and efficient operation and
maintenance of said electric transmission and distribution lines and related facilities, including (i) the right to trim, cut and keep clear trees, limbs and
undergrowth within said Easement Area and (ii) upon GRANTOR approval, which shall not be unreasonably withheld, the right to cut down at any
time, and from time to time, any tree outside the Easement Area the height of which tree plus five (5) feet equals or exceeds the distance from the
base of such tree (also known as a "danger tree") to the nearest overhead facility or to a point on the ground direcdy underneath the nearest
overhead facility and to cut and remove any limb or any part thereof of any tree standing outside the Easement Area, when such limb, or any part
thereof, protrudes or is likely to protrude into the Easement Area and further including (iii) the reasonable right to enter upon adjoining lands of
GRANTOR in the least intrusive manner reasonably possible, with materials, supplies and equipment as may be desirable for the purpose of
exercising all rights herein granted to the extent same cannot reasonably be exercised from within the Easement Area.
GRANTOR covenants and agrees that no trees, buildings, structures or obstacles will be located or constructed within the Easement Area
nor shall ground elevation be altered more than two feet, provided, however, GRANTOR's development of the Easement Area as a part of the
Spring Branch Drainage Project, ("Project") as further described in Exhibit "B", attached hereto and made a part hereof or as may be subsequendy
modified is hereby expressly permitted provided any subsequent modification does not increase the ground elevation more than two feet and does
not unreasonably interfere with GRANTEE'S easement interest as provided for herein and further provided, however that prior to any construction
of any improvements for the Project, GRANTOR shall coordinate with GRANTEE for the purpose of confirming that all safety concerns of
GRANTEE with respect to its electrical facilities vis a vis GRANTOR's construction have been reasonably addressed. GRANTEE releases
GRANTOR, on behalf of itself or any person or entity claiming by, through or under GRANTEE from any claim or liability arising from the City's
use of the Easement Area other than any claim or liability arising from City's gross negligence or willful misconduct.
This document prepared by: Marva Taylor
Retum to: Progress Energy F1orid3:, Ine., Attn: Real Estate Document Center
3300 Exchange Place, NP3A
Lake Mary, FL 32746
GRANTOR shall have all other rights in and to said Easement Area not inconsistent with (i) GRANTEE's right to the safe and efficient
operation and maintenance of said electric transmission and distribution lines and related facilities, (ii) any federal, state, or local law, rule, or
regulation, including, but not limited to, the right to utilize said Easement Area for ingress and egress. GRANTOR'S Spring Branch Drainage
Project shall not be subject to GRANTEE'S right-of-way utilization or encroachment guidelines. Provided, however, GRANTOR shall
nevertheless coordinate with GRANTEE in its construction of the Project or any modification thereto.
GRANTOR warrants and covenants that it has the right to convey to GRANTEE this easement, and that GRANTEE shall have quiet and
peaceful possession, use and enjoyment of same.
All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the successors, lessees
and assigns of the respective parties hereto.
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IN WITNESS WHEREOF, the said GRANTOR has hereunto affixed its hand and seal this /'1. day ()f~~
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CITY OFCt~,:~
Countersigned:
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~. Hibbard .
Mayor
By:
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Assistant City Attorney
STATE OF FLORIDA
,2006.
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COUNTYOFPINELLAS: .... ... ......
The foregoing Easement was acknowledged before me this / i' day of ~
Hibbard, as Mayor of the City of Clearwater, Florida, who is personally known to me. t'
: SS
COUNTY OF PINELLAS :
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The foregoing Easement was acknowledged before me this 0 day of ~\)~
~, as City Manager of the City of Clearwater, Florida, who is personally known to me.
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Serial Number
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STATE OF FLORIDA
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Scale 1"-100'
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EXHIBIT "A"
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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LEGAL SKETCH
PROGRESS ENERGY
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Stevenson Creek Watershed Management Plan
Final Report
EXHIBIT "B"
3.1.1 Subwatershed 1: Spring Branch
Proiect lA. S1>rinl! Branch Conveyance Enhancements. In order to address the 27
structure FPLOS deficiencies in the area of Byram Drive and Flora Drive between King's
Highway and Highland Avenue, and along Huntington Lane, east of King's Highway,
various enhancements to the conveyance capacity of the existing Spring Branch system
I
are propos~ed. These enhancements include widening approximately 700 linear feet of the
Spring Branch Channel downstream of King's Highway. This section of channel was
constructed with high, steep, and unstable banks that are now nearly vertical in places due
to soil erosion. The recommend~d project is to reshape the banks to a 4: 1 (horizontal to
vertical) side slope, providing additional cross sectional area for conveyance of flood
flows, and providing a more Stable bank configuration that would support vegetation.
The bottom width and bottom elevations of the channel would remain essentially
unchanged, with the exception that low, sloping walls (2.5'-3' high) constructed of
gabion baskets or a cellular confmement system such as Geoweb (or equivalent) would
be constructed to reduce bank erosion. The project would also include a maintenance
travelway that would normally be dry but would be submerged for brief periods during
major flood events. To accommodate the widened cross section, approximately 50' of
additional easement width would be required adjacent to the existing 50' easement for .
Spring Branch extending from King's Highway downstream to the City Limits (refer to
Figure 3.1-3).
Some planting of native vegetation will be undertaken for this project. Where
possible, trees will be planted along the banks of the channel to eventually provide shade
and reduce erosion. The shade will reduce maintenance requirements significantly
because most nuisance exotic species require full sun for exponential growth. Trees
recommended for the upper banks in this area are dahoon holly, southern magnolia, and
eastern red cedar. These evergreen trees will not contribute as much litter to the channel
as deciduous trees.
3.1-5
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Stevenson Creek Watershed Management Plan
Final Report
The understory on the banks and on the slopes above the normal water elevation may
be planted with Florida coontie and Virginia chain fern. Both species will tolerate full
sun but can adapt to full shade as the trees mature. Another species recommended for the
upper banks is cord grass. This grass forms dense clumps that will prevent bank erosion
and filter runoff from the adjacent residential areas. The area around the planted
vegetation may be sodded with bahia grass for temporary stabilization.
Planting in the channel at and below the normal water elevation may occur in areas
where lining the channel with gabions or other bank armaments is not required. For these
areas sturdy species that will withstand occasional floodwaters are recommended. Such
species include bulrush, pickerelweed, and soft rush. These plants will not only provide
erosion protection, they will also improve water quality during periods of low flow. The
scientific names and planting depths of the recommended plants are provided in Table
3.1-3.
In addition to the channel improvements, the project includes removal of a private
driveway crossing of Spring Branch between Sunset Point Road and Betty Lane, within
unincorporated Pinellas County (See Figure 3.1-2). This crossing consists of a 92" x
152" CMP arch culvert, which severely restricts the flow for major storm events. As
evidenced in the Spring Branch flood profile (Figure 2.1-22), this structure causes 3.4
feet of head loss for the 100-year storm. Although the culvert under Betty Lane is the
same size, Betty Lane itself is much lower than the private crossing, so floodwaters are
allowed to overtop the road during major events. The purpose of this private driveway is
unclear, as the property served by it has access from Macomber A venue. This culvert
would have to be removed prior to implementing the channel improvements described
above. Removal of this culvert would also reduce flooding for the estimated 10-15 flood-
susceptible homes along Betty Lane and Macomber A venue within unincorporated
Pinellas County.
3.1-6
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Stevenson Creek Watershed Management Plan
Final Report
Table 3.1-3 Vegetation Recommended for Planting in Varying Water Depths
. PLANTING ELEVATION (IN FEET TO NWL)
COMMON NAME BOTANICAL NAME <0.0 0.0 to -0.5 -0.5 to -1.0 -1.0 to -2.5 >-2.5
TREES
Red maple Acer rubrum X X
Black mangrove * * Avicennia !{erminans X
Water hickory Carya aquaticct X
Pop ash Fraxinus caroliniana X
Dahoon holly Ilex cassine X X
Eastern red cedar Juniperus silicico/a X
Sweet gum Liquidambar stvraciflua X
Southern magnolia Ma1(1lolia wandiflora X
Laurel oak Quercus laurifol(a X .
Live oak Quercus vir!{iniana X
Red mangrove** Rhizophora manf!/e X
Cypress* Taxodium spp. X X
American elm Ulmus americana X X
SHRUBS
Beauty berry Callicarpa americana X
Button bush Cephalanthus occidentalis X X
Gallbeny Ilex glabra X
Virginia willow Itea virginica X X
Wax myrtle Myrica cerifera X
Saw palmetto Serenoa repens X
FORBS
Leather fern* Acrostichum aureum X
Swamp fern Blechnum serrulatum X
Yellow canna Canna j/accida X X
Saw grass* Cladium jamaicense X X
String lily Crinum americanum X
Prairie iris Iris hexa!{ona X
Soft rush Juncus effusus X X
Black rush* Juncus roemerianus X
Spatterdock Nuphar lutea X X
Water lily Nymphaea odorata X X
Pickerelweed Pontederia cordata X X X
Arrowhead Sa!{ittaria lancifolia X X
Bulrush* Scirpus validus X X X
Alligator flag Thalia !{eniculata X X
Virginia chain fern Woodwardia virKinica X
Florida coontie Zamia pumila X
* Indicates tolerance of brackish water.
** Indicates tolerance of salt water.
~
3.1-7
J :\DA T A \737626\Reports\MGTPLAN\Final\Table3 .1-3.doc
Stevenson Creek Watershed Management Plan
Final Report
Figure 3.1-2. Private Crossing of Spring Branch Near Betty Lane
(to be Removed)
In order to provide flood relief for the areas east of Highland Avenue, Project IA also
includes the upsizing of approximately 3,300 feet of storm sewer near Highland Avenue
and Byram Drive. The Project lA.l and lA.2 conveyance improvements would work
together to remove the 100-year flood risk from 21 homes east of King's Highway. This
total does not include the estimated 10-15 homes in unincorporated Pinellas County.
Because Project lA would increase the discharge rates to downstream areas, this project
will require construction of either Project IB (alternative 1) or Project lC (alternative 2)
in order to offset potential downstream flooding impacts. Projects lA.l and lA.2 are
illustrated on Figures 3.1-3 and 3.1-4, respectively.
Proiect IB. Springtime Avenue and Douglas Avenue Bridges. In order to offset the
potential downstream flooding impacts of Project lA, the bridges at Springtime Avenue
and Douglas Avenue over Spring Branch could be enlarged (refer to Figure 3.1-5). This
alternative would allow the excess food flows to be safely conveyed to the Stevenson
Creek estuary. The existing crossings consist of a 6' x 15' concrete arch at Springtime
3.1-8
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