MUTUAL USE AGREEMENT (6) TAMPA BAY WATER
Records Management Cover Sheet
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INSTR# 2019103111 BK 2 f 13
06/18/2019 04:15p Rec: 112.00
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Paula S. O'Neil , Ph•n om�+#,roller
Pasco, County Clerk & C
TBWProject:CypressCreelc",TransmissionMainand4Z'Soutl'PascoTransmiSSionMain
TBW—Non-Exclusive Perm Pipeline Easement
Sections 15,16,17,19 and 20,Township 26 South,Range 18 East
Pasco County,Florida
Prepared by and return to:
Tampa Bay Water
2575 Enterprise Road
(Reserved for Clerk
earwatm,Florida.33763-1102
MUTUAL
Court)
MUTUAL USE AGREEMENT
THIS MUTUAL USE AGREEMENT entered into this day of _ �
20 �y and between TAMPA
BAY WATER A Regional Water Supply Authority, an int local
governmental entity of the State of Florida, hereinafter referred to as "TAMPA BAY WATER,"
with its principal place of business located at 2575 Enterprise Road, Clearwater, Florida 33763-
1102, and CITY OF CLEARWATER, d/b/a CLEARWATER GAS SYSTEM, referred to as
"GAS"whose local address is 400 N. Myrtle Avenue, Clearwater,FL 33755
RECITALS:
A. TAMPA BAY WATER owns and possesses a Non-Exclusive Permanent Pipeline
Easement in and upon that certain real property more particularly described in the Deed
as recorded in Official Records Book 732, Pages 339 of the public records of Pasco
County,Florida("Tampa Bay Water Easement").
B. TAMPA BAY WATER operates and maintains its 42" South Pasco Water
Transmission main and its appurtenances("Tampa Bay Water Pipeline Facilities")within
the Tampa Bay Water Easement. TAMPA BAY WATER's abandoned 84"pre- stressed
concrete water main is also located within the utility easement. f
C. GAS has acquired q appropriate or will acquire the a ropriate rights or interests from the fee
simple owner of the property underlying the Tampa Bay Water Easement. GAS desires to
use a portion of the Tampa Bay Water Easement in order to design, construct, inspect,
operate, maintain, and repair approximately 12,000 linear feet (LF) of 6" polyethylene
pipe(PE) ("GAS Facility") for the purpose of providing natural gas to its customers.
D. GAS and TAMPA BAY WATER desire to enter into this geement for the purpose
BAY WATER
of setting forth the terms and conditions under which GAS and TAMPA
will mutually use a portion of the Tampa Bay Water Easement described in Exhibit"A"
(the "Mutual Use Area I" and the "Mutual Use Area 2", collectively, the "Use Area"),
attached hereto and incorporated herein.
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NOW THEREFORE,for and in consideration of the premises and the sum of Ten Dollars
($10.00)and other good and valuable consideration,receipt of which is hereby acknowledged,the
parties hereby agree as follows:
1. The above recitals are true and are incorporated herein by reference.
2. TAMPA BAY WATER hereby agrees to allow GAS the mutual use of the Use Area for
the uses and purposes stated herein.
3. GAS acknowledges and agrees that TAMPA BAY WATER's use of the Tampa Bay
Water Easement for water transmission pipelines and related purposes will not constitute an
interference with GAS's use of the Use Area.
4. Within fifteen(15)days after this Agreement is executed by both parties,
GAS will submit
to TAMPA BAY WATER, a complete set of the most current construction plans for the GAS
Facility within the Use Area. Thereafter, TAMPA BAY WATER shall have forty-five (45) days
to review and approve GAS's construction plans, such approval not to be unreasonably withheld.
Also during this 45-day period, TAMPA BAY WATER may make comments to GAS's
construction plans, by directing any such comments to GAS. GAS will use its best efforts to
incorporate TAMPA BAY WATER's comments into the construction plans.
5. GAS acknowledges and agrees that it is using the Use Area"as is"and that TAMPA BAY
WATER will not be responsible for preparing, altering, or modifying the Use Area in any manner
to accommodate GAS's use.
GAS Facility, GAS agrees to the following:
6. During construction of the
a. GAS will not interrupt the operation of the Tampa Bay Water Pipeline Facilities,
so that the Tampa Bay Water Pipeline Facilities operate as they did prior to the start of
the construction of GAS Facility.
b. GAS will install the GAS Facility under Tampa Bay Water's 42"water main,while
maintaining a minimum vertical separation of 36-inches,measured from below the outside
edge of the Tampa Bay Water water main and the GAS Facility.
C. Any temporary roads used for construction traffic crossing the Tampa Bay Water
Pipeline Facilities shall be built up a minimum of 3-feet above existing grade.
7. GAS covenants that its use of the Use Area shall not at any time interfere with TAMPA
BAY WATER's use of the Tampa Bay Water Easement, and that GAS's use of the Use Area will
not cause the impairment of the Tampa Bay Water Pipeline Facilities or other hazardous conditions
to exist.GAS covenants that if it creates a hazardous condition or restricts,impairs,interferes with, K
or hinders the use of the Tampa Bay Water Easement by TAMPA BAY WATER, then, upon r&
ATER, GAS shall, within seventy-two
notification by TAMPA BAY W
GM 4-2064- 048/162011/1 2
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(72)hours,at its cost and expense,correct such condition.TAMPA BAY WATER retains the right
to enter upon the Tampa Bay Water Easement for the purpose of correcting such condition if GAS
fails to respond within the seventy-two (72) hour period following notice or if TAMPA BAY
WATER determines that an emergency situation exists and requires immediate attention. GAS
agrees to reimburse TAMPA BAY WATER for all reasonable,justified and substantiated costs
and expenses incurred in connection with such action.
8. During the period in which any construction or site preparation for the GAS Facility is
occurring by or on behalf of GAS within the Use Area, GAS shall maintain or arrange to have
maintained the following insurance coverage through either self-insurance, purchased insurance,
or a combination thereof:
a. Workers' Compensation insurance adequate under Florida law for all of GAS's
employees working in or about the Tampa Bay Water Easement. GAS shall require
all contractors or sub-contractors working in or about the Tampa Bay Water Easement
to maintain Workers'Compensation insurance adequate under Florida law for all their
employees.
b. Automobile liability insurance in the minimum amount of$1,000,000.00 combined
single limit, each accident, (bodily injury and property damage) insuring all owned,
leased,hired and other non-owned vehicles.
c. Comprehensive General Liability Insurance in the minimum amount of
$1,000,000.00 combined single limit (bodily injury and property damage) covering
premises operations liability, products and completed operations liability, personal
injury coverage.
d. Employer's Liability Insurance in the following minimum amounts:
$100,000 EACH ACCIDENT EACH EMPLOYEE
$100,000 EACH DISEASE EACH EMPLOYEE
$500,000 AGGREGATE BY DISEASE
e. GAS shall furnish TAMPA BAY WATER with a letter of self-insurance signed by
the City's Risk Manager. Any and all subcontractors performing work for GAS will
furnish TAMPA BAY WATER with a Certificate of Insurance certifying that each
policy required is in full force and effect. GAS and any and all subcontractors will
give TAMPA BAY WATER thirty(30)days advance written notice by certified mail
before canceling or changing the coverage of the required coverages under this
Agreement.
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The failure of TAMPA BAY WATER to request evidence of the coverage set forth above
shall not be construed by GAS as a waiver of GAS's obligation to provide the insurance
coverage specified.
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The parties shall fully cooperate in malting claims and furnishing information to the
insured or the insurers and in obtaining settlements and payments from the insurer or insurers.
Neither GAS nor its contractors shall claim an interest in any insurance settlement arising out of
any loss with respect to the Tampa Bay Water Pipeline Facilities where TAMPA BAY WATER
is named as the sole beneficiary. GAS and its contractors shall execute any and all documents
required by TAMPA BAY WATER or its insurer that may be necessary for use in connection with
the settlement of any such claims. GAS shall not conduct or allow any hazardous activity on the
Tampa Bay Water Easement that brings about a risk of bodily injury(including death) or property
damage (including damage to or destruction of the property) that would be excluded from the
coverage of the insurance that GAS is obligated to maintain.
9. After construction and after the GAS Facility is installed, GAS agrees to the following:
a. GAS shall clearly and permanently mark the location of the GAS Facility in the
Use Area and TAMPA BAY WATER shall clearly and-permanently mark the
location of the Tampa Bay Water Pipeline Facilities in the Use Area.
b. Thereafter, should either party or its contractors negligently or intentionally
damage the facilities of the other party,the injured party shall be reimbursed for all
reasonable costs and expenses it incurs in connection with repairing any such
damage.
C. GAS shall be responsible and shall reimburse TAMPA BAY WATER for all
reasonable, actual costs and expenses it incurs in connection with additional
construction costs due to the GAS Facility located within the Use Area. GAS shall
reimburse TAMPA BAY WATER all said costs and expenses within 30 days.
10. To the extent permitted by Section 768.28, Florida Statutes and without waiving its
sovereign immunity, GAS shall protect, defend, indemnify and hold TAMPA BAY WATER and
its officers, employees and agents harmless from and against any and all liabilities, claims,losses,
negligent act, error, or omission by the GAS, its subcontractors, agents or employees, arising out
of or incidental to theperformance of this Agreement.The GAS's obligation to indemnify TAMPA
BAY WATER pursuant to this Section 10 is limited by the GAS's right to sovereign immunity,
which right is expressly not waived by the GAS, and to the indemnification limitations provided
C
in section 768.28,Florida Statutes.
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11. Seven(7)days prior to commencement of construction,GAS or its contractor shall contact
the Tampa Bay Water Facilities Maintenance Department for the purpose of coordinating with and
advising TAMPA BAY WATER of GAS's construction schedule.
12. The occurrence of one (1) or more of the following acts shall be deemed to constitute an
event of default: 4
GAS or TAMPA BAY WATER fail to perforin and comply with any obligation,
responsibility or liability imposed upon TAMPA BAY WATER or GAS by this
Agreement and such failure continues for more than thirty(30) days after the non-
defaulting party gives the defaulting party written notice thereof, or the defaulting
s
party fails to commence all reasonable curative action within thirty(30)days after
GH 4-2064- 048/162011/1 4
notice thereof and fails to diligently and continuously prosecute the curative
action to completion;
If a default occurs and the defaulting party fails to cure such default in accordance with this
Agreement, the non-defaulting party may, without further notice immediately or at any time
thereafter, correct the default, in which event the defaulting party shall immediately reimburse the
non-defaulting party for any and all costs incurred by the non-defaulting party in curing the default.
13. GAS's interest in the Use Area shall not be subject to liens for improvements made by,to
or upon the Use Area, and any such liability is expressly prohibited as contemplated by Section
713.10, Florida Statutes. If any mechanic's lien is placed or any claim is filed against or permitted
to be done by either party, such party shall cause the same to be removed within one hundred
twenty (120) days of recording, and shall hold the other party harmless from any adverse effect
thereof.
14. All notices, communications, and consents required or permitted by this Agreement shall
be in writing and delivered by hand or transmitted by registered or certified mail, return receipt
requested, with notice deemed to be given upon receipt and addressed to the attention of the
following:
If to GAS: Jacinta Garcia Corcoba
Drafting&Design Coordinator
400 N. Myrtle Avenue
Clearwater,FL 33755
With a copy to: City Attorney
P.O. Box 4748
Clearwater,FL 33758-4748 s
:
If to TAMPA BAY WATER: Matt Jordan
General Manager
2575 Enterprise Road,
Clearwater,Florida 33763-1102
With a copy to: Jonathan M. Kennedy
Engineering Manager
2575 Enterprise Road,
Clearwater,Florida 33763-1102
{
GM14-2064-048/162011/1 5
15. This Agreement shall be binding upon the successors and assigns of the parties hereto
(subject to the restriction governing assignment contained in the paragraph 16).
16. Neither party shall assign its rights under this Agreement without prior written approval
of the other party.
17. This Agreement may only be amended in writing, duly executed by the authorized
representatives of the parties hereto.
18. This Agreement may be executed in more than one counterpart, each of which shall be
deemed an original.
19. This Agreement represents the entire agreement between the parties hereto, with respect
to the subject matter contained herein, and supersedes all prior negotiations, understandings,
representations or agreements, either written or oral.
20. If any one or more of the provisions of this Agreement should be held contrary to law,
public policy, or should for any reason whatsoever be held invalid or unenforceable by court of
competent jurisdiction, then such provision or provisions shall be null and void and shall be
deemed separate from the remaining provisions of this Agreement, which remaining provisions
shall continue in full force and effect if the rights and the obligations of the parties contained herein
are not materially prejudiced and the intentions of the parties continue to be effective.
21. . Any term, condition, covenant or obligation which requires performance by either party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination. i
22. GAS agrees that at such time as the GAS Facility is removed from the Use Area,the rights
granted herein shall be automatically extinguished. GAS agrees to execute whatever documents
are necessary for the purpose of clearing title to the Tampa Bay Water Easement at issue in this
Agreement.
E
23. The remedies set forth in this Agreement are cumulative and not in limitation of any
remedies available at law or in equity.
GM14-2064- 048/162011/1 6 x
IN WITNESS WHEREOF,the parties hereto have set their hands and seals as of the date of
execution written above.
COUNTERSIGNED: CITY OF CLEARWATER,FLORIDA
zr S
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George N. Cretekos,Mayor William B. Horne II, City Manager
APPROVED AS TO FORM: ATTEST:
Laura Mahony,Assistant Cityattorney Rosemarie Call, City Clerl
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STATE OF FLORIDA
COUNTY OF ?6(5 CC)
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The foregoing instrument was acknowledged before me this day of ,
20L9,BThat he/she isor has produced
as identification and has/has not taken an oath.
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By:_ r G2 �✓�-! / Notary Public
My Commission Expires: 12i 202t) Print Name:F— E ZG & LJ1
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GM14-2064- 048/162011/1 7
WITNESS: TAMPA BAY WATER,A REGIONAL
WATER SUPPLY AUTHORITY
By:
Signa ure att Jordan
Its: General Manager
Print ame
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Date:
Signature
( �IGS (4, CaVd eel (SEAL)
Print Name
APPROVED AS TO FORM:
arrie S. Buenaventura, 1
General Counsel
STATE OF FLORIDA
COUNTY OF PASCO
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The foregoing instrument was acknowledged before me this day of ,
20 B CAQQ0 , That e he isersonally known to me r has produced
as identification and has/has not to cen an oath.
B 1
Notary Pub ' , State of Florida
Print Name: KATHLEEN a GOELZ
Notary Public,state of Florida
My Comm.Expires Apr.8,2023
My Commission Expires: NO.GG.32U96
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"EXHIBIT A"
SCHEDULE "A"
LEGAL DESCRIPTION OF MUTUAL USE AREA 1:
ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTIONS 15, 16, 17, 19 AND 20, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA,
BEING A FOUND 4"X4" CONCRETE MONUMENT WITH NAIL AND DISK "PRM LB6707"; THENCE NORTH 00°17'30" EAST ALONG THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF 2441.86 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 70°24'39" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO THE NORTH LINE OF A 32 FEET WIDE
WATER TRANSMISSION MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF
PASCO COUNTY, FLORIDA, A DISTANCE OF 106.64 FEET TO A POINT; THENCE SOUTH 55°49'29" WEST, A DISTANCE OF 159.13
FEET TO A POINT; THENCE SOUTH 70°23'38" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A
DISTANCE OF 5099.91 FEET TO A POINT; THENCE SOUTH 83°20'14" WEST, A DISTANCE OF 178.57 FEET TO A POINT; THENCE
SOUTH 70°23'44" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 1691.45
FEET TO A POINT OF CURVATURE; THENCE 249.19 FEET IN A SOUTHWESTERLY DIRECTION, ALONG THE ARC OF A CURVE LYING 5
FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, CONCAVE TO THE NORTHWEST, HAVING A DELTA ANGLE OF 02°28'40",
A RADIUS OF 5762.60 FEET, A CHORD BEARING OF SOUTH 71°37'21" WEST AND A CHORD LENGTH OF 249.17 FEET TO THE POINT
OF TANGENCY; THENCE SOUTH 72°52'10" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A
DISTANCE OF 933.98 FEET TO A POINT; THENCE SOUTH 72°53'07" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO
SAID NORTH LINE, A DISTANCE OF 2752.99 FEET TO A POINT; THENCE SOUTH 72°53'41" WEST ALONG A LINE 5 FEET SOUTHEAST
OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 583.97 FEET TO A POINT; THENCE SOUTH 28°50'32" WEST, A DISTANCE
OF 38.83 FEET TO A POINT; THENCE SOUTH 72053'41" WEST ALONG THE SOUTH LINE OF A 32 FEET WIDE WATER TRANSMISSION
MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF PASCO COUNTY,
FLORIDA, A DISTANCE OF 7.19 FEET TO A POINT; THENCE NORTH 28°50'32" EAST, A DISTANCE OF 46.02 FEET TO A POINT;
THENCE NORTH 72°53'41" EAST ALONG THE NORTH LINE OF A 32 FEET WIDE WATER TRANSMISSION MAIN EASEMENT AS
RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, A DISTANCE OF
585.99 FEET TO A POINT; THENCE NORTH 72°53'07" EAST ALONG SAID NORTH LINE, A DISTANCE OF 2752.99 FEET TO A POINT;
THENCE NORTH 72°52'10" EAST ALONG SAID NORTH LINE, A DISTANCE OF 933.98 FEET TO A POINT OF CURVATURE; THENCE
248.98 FEET IN A NORTHEASTERLY DIRECTION, ALONG THE ARC OF A CURVE AND ALONG SAID NORTH LINE, CONCAVE TO THE
NORTHWEST, HAVING A DELTA ANGLE OF 02°2840", A RADIUS OF 5757.58 FEET, A CHORD BEARING OF NORTH 71°37'21" EAST
AND A CHORD LENGTH OF 248.96 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70°23'44" EAST ALONG SAID NORTH LINE, A
DISTANCE OF 1692.02 FEET TO A POINT; THENCE NORTH 83°20'14" EAST, A DISTANCE OF 178.57 FEET TO A POINT; THENCE
NORTH 70°23'38" EAST ALONG SAID NORTH LINE, A DISTANCE OF 5098.71 FEET TO A POINT; THENCE NORTH 55°49'29" EAST, A
DISTANCE OF 159.13 FEET TO A POINT; THENCE NORTH 70°24'39" EAST ALONG SAID NORTH LINE, A DISTANCE OF 365.16 FEET
TO A POINT; THENCE SOUTH 19°52'06" EAST, A DISTANCE OF 5.00 FEET TO A POINT; THENCE SOUTH 70°24'39" WEST ALONG ON A
LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 257.90 FEET TO THE POINT OF BEGINNING.
LESS: ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
i
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA,
BEING A FOUND 4"X4" CONCRETE MONUMENT WITH NAIL AND DISK "PRM LB6707"; THENCE NORTH 00°17'30" EAST ALONG THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF 2441.86 FEET TO A POINT; THENCE SOUTH
70°24'39" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO THE NORTH LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF PASCO
COUNTY, FLORIDA, A DISTANCE OF 106.64 FEET TO A POINT; THENCE SOUTH 55°49'29" WEST, A DISTANCE OF 159.13 FEET TO A
POINT; THENCE SOUTH 70°23'38" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE
OF 5099.91 FEET TO A POINT; THENCE SOUTH 83°20'14" WEST, A DISTANCE OF 178.57 FEET TO A POINT; THENCE SOUTH
70°23'44" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 12.76 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 70°32'44" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID
NORTH LINE, A DISTANCE OF 53.20 FEET TO A POINT; THENCE NORTH 00°22'14" EAST, A DISTANCE OF 5.32 FEET TO A POINT ON
THE NORTH LINE OF A 32 FEET WIDE WATER TRANSMISSION MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732,
PAGE 339 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE NORTH 70°23'44" EAST ALONG SAID NORTH LINE, A
DISTANCE OF 53.20 FEET TO A POINT; THENCE SOUTH 00°22'14" WEST, A DISTANCE OF 5.32 FEET TO THE POINT OF BEGINNING.
TOTAL AREA CONTAINING 1.378 ACRES, MORE OR LESS.
SHEET 1 OF 7
DATE: 02/15/2019 _ ,
PROJECT NUMBER: 180004 TOWER ROAD 4,114
� i�
LAND O' LAKES, FLORIDA 3918 N. HHLANDBECK AVENUEATAMPA,
FLORIDA 33603
DRAWN: D. HEATH PHONE:(813)361-2644, FAX:(813)223-2469
PROFESSIONAL SURVEYOR S MAPPER
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER:LB8232
SCHEDULE "A"
LEGAL DESCRIPTION OF MUTUAL USE AREA 2:
ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO
COUNTY, FLORIDA, BEING A FOUND 4"X4" CONCRETE MONUMENT WITH NAIL AND DISK "PRM LB6707"; THENCE
NORTH 00017'30" EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE
OF 2441.86 FEET TO A POINT; THENCE SOUTH 70°24'39" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND
PARALLEL TO THE NORTH LINE OF A 32 FEET WIDE WATER TRANSMISSION MAIN EASEMENT AS RECORDED IN
OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, A DISTANCE OF
106.64 FEET TO A POINT; THENCE SOUTH 55°49'29" WEST, A DISTANCE OF 159.13 FEET TO A POINT; THENCE
SOUTH 70°23'38" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE
OF 5099.91 FEET TO A POINT; THENCE SOUTH 83°20'14" WEST, A DISTANCE OF 178.57 FEET TO A POINT;
THENCE SOUTH 70°23'44" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A
DISTANCE OF 12.76 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 70032'44" WEST ALONG A
LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 53.20 FEET TO A POINT;
THENCE NORTH 00°22'14" EAST, A DISTANCE OF 5.32 FEET TO A POINT ON THE NORTH LINE OF A 32 FEET
WIDE WATER TRANSMISSION MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF
THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE NORTH 70°23'44" EAST ALONG SAID NORTH LINE, A
DISTANCE OF 53.20 FEET TO A POINT; THENCE SOUTH 00°22'14" WEST, A DISTANCE OF 5.32 FEET TO THE
POINT OF BEGINNING.
CONTAINING 266 SQUARE FEET, MORE OR LESS.
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SHEET 2 OF 7
DATE: 02/15/2019
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PROJECT NUMBER: 180004 TOWER ROAD CRIBB
LAND O' LAKES, FLORIDA 3918 N. HIGHLAND BAVENECK UEAATAMPA, FLORIDA 33603
VER GROUP, INC.
DRAWN: D. HEATH PHONE:(813)361-2644, FAX:(813)223-2469
PROFESSIONAL SURVEYOR & MAPPER
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER: L68232
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SKETCH OF DESCRIPTION
LEGEND
MUA = MUTUAL USE AREA
ORB = OFFICIAL RECORDS BOOK
LINE TABLE
L2: S28°50'32"W 38.83' N LINE OF A 32 FEET WIDE WATER
L3: S72°53'41"W 7.19' TRANSMISSION MAIN EASEMENT z
L4: N28°50'32"E 46.02' PER DRB 732, PAGE 339 O
TOWER ROAD
N
Fn m Q O
N72053'41"E 585,99' N72°53'07"E 2752.99' Z: m
— — —
S72°53'41"W 583.97'— — — S72°53'07"W 2752.99_ — _�— _
L2 — — — — — Uri
L3 S LINE OF A 32 FEET WIDE WATER MUTUAL USE W
W
TRANSMISSION MAIN EASEMENT AREA #1 tn
PER ORB 732, PAGE 339 0 100 200
SCALE: I"=200'
N LINE OF A 32 FEET WIDE WATER
O TRANSMISSION MAIN EASEMENT z
PER ORB 732, PAGE 339
Q; N TOWER ROAD Q 30
p m in Z W
Q N72°53'07"E 2752,99' °Q
zz
0 Q— — — — — — — — _ — _ S72°53'07"W 2752.99'_ — O
Um — — — — — — Ud1
Lu W '
Lu Lu
kn MUTUAL USE V
AREA #1
TOTAL AREA=1.378 ACRES ±
I
i
RADIUS=5757.58' j
DELTA=02°28'40"
`L' LENGTH=248.98'
N LINE OF A 32 FEET WIDE WATER c Q CHORD DISTANCE=248.96'
z TRANSMISSION MAIN EASEMENT z W CHORD BEARING=N71°37'21"E 0
O PER ORB 732, PAGE 339 ¢-�
R TOWER ROAD Q TOWER ROAD QLLI
Z m N72°53'07"E m POINT OF
`n CURVATURE Z
i Q 2752.99' N72°52'10"E 933.98' z z
O m _ S72°53'07"W _I
_ S72°52'10"W 933.98' OU
U`m — — 2752 99' — — — PINT OF TANGENCY W
� MUTUAL USE Lu
RADIUS=5762.60' n1
AREA #1 DELTA=02°28'40"
LENGTH=249.19'
CHORD DISTANCE=249.17'
SHEET 3 OF 7 CHORD BEARING=S71°37'21"W
DATE: 02/15/2019 "
PROJECT NUMBER: 180004 TOWER ROAD cRyyg
CRIBB PHILBECK WEAVER GROUP, INC.
DRAWN: D. HEATH LAND O' LAKES, FLORIDA 3918 N . HI(813)D GHLANAVENUE,
TAMPA, FLORIDA I 33603
69
PROFESSIONAL SURVEYOR & MAPPER
CHECKED: J. SCHWARTZ - BUSINESS LICENSE NUMBER: LB8232
I
SKETCH OF DESCRIPTION.
LEGEND
MUA = MUTUAL USE AREA
ORB = OFFICIAL RECORDS BOOK
RADI U S=5757.58'
DELTA=02°28'40" N LINE OF A 32 FEET WIDE WATER
Z m LENGTH=248.98' TRANSMISSION MAIN EASEMENT Z
O CHORD DISTANCE=248.96' PER ORB 732, PAGE 339
Q w CHORD BEARING=N71°37'21"E �s
Z Z TOWER ROAD `h
Ln POINT OF TANGENCY Z W
Z O N70°23'44"E 1692.02' m
O 17 — — — — — — — — — — — - S70°23'44"W 1691,45'— — — — — — — — ZO Q
U ep
w M POINT OF CURVATURE Lu
W .
RADI US=5762.60' MUTUAL USE
DELTA=02°28'40" AREA #1
LENGTH=249.19'
CHORD DISTANCE=249.17'
CHORD BEARING=571°37'21"W
MUTUAL USE
AREA #2
AREA=266 SQUARE N LINE OF A 32 FEET WIDE WATER
FEET t TRANSMISSION MAIN EASEMENT
Z (SEE DETAIL / N83'20'1 4"E PER ORB 732, PAGE 339 Z
ON SHEET 6) 178.57'
p N70°23'44"E TOWER ROAD j O
1692.02' rn '
t`- Q N70°23'38"E 5098.71' m
Q — — S7 691,44"W — — — —
U�, 1691.45' �[(�`��� — — — — — — S70°23'38"W 5099.91' _ —
a�
W W
L S83'20'1 4"W
178.57'
MUTUAL USE
AREA #1
TOTAL AREA=1.378 ACRES +
N I
I
N LINE OF A 32 FEET WIDE WATER }
Z TRANSMISSION MAIN EASEMENT Z
0 100 200 PER ORB 732, PAGE 339
ul
jO IY �W
Z R SCALE: I"=200' TOWER ROAD m Z kn
ti
U N70°23'38"E 5098.71' — — — — — —
W — — — — — — — _570°23 38 W 5099.91'— — — — —U in
_ _ _
Lu
Ln Ln
MUTUAL USE
AREA #1
SHEET 4 OF 7
DATE: 02/15/2019
PROJECT NUMBER: 180004 TOWER ROAD � cpwg
u nn rnw I!
CRIBB PHILBECK WE , INC.
LAND O' LAKES, FLORIDA 3918 N. HIGHLAND AVENUE,4VER TAMPA,OUPFLORIDA 33603
DRAWN: D. HEATH PHONE:(813)361-2644, FAX:(813)223-2469
PROFESSIONAL SURVEYOR& MAPPER
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER:L88232
i
f,
SKETCH OF DESCRIPTION
LEGEND
MUA = MUTUAL USE AREA
ORB = OFFICIAL RECORDS BOOK
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
20 PER ORB 732, PAGE 339 20
Q W TOWER ROADLu
Q �s
Z _ M � �
N70°23'38"E 5098,71' Z w
i m
S70°23'38"W 5099.91'— — — — — — — — — - R
U — — — — — — — — — Uuj
Lu
Lu
ul MUTUAL USE W
L AREA #1
N LINE OF A 32 FEET WIDE WATER N55°49'29"E
TRANSMISSION MAIN EASEMENT 159,13'
PER ORB 732, PAGE 339
O N TOWER ROAD _ O
uj
M
Q N70°23'38"E 5098.71' Q
� Op
Q — — — — — S70°23'38"W 5099.91' — — — -77=—
Z =
V ui — — S55°49'29"W U Ln
W ° MUTUAL USE 159.13` W °
W AREA #1 W
TOTAL AREA=1.378 ACRES ± V)
I
i
W N LINE OF A 32 FEET WIDE
WATER TRANSMISSION MAIN
N
EASEMENT PER ORB 732,
PAGE 339 O LINE TABLE
z , Q LI: S70°24'39"W 106.64'
O a ry = N L5: S 19°52'06"E 5.00'
WJ " "n
� L5— L6: S70°24'39"W 257.90' 0 100 200
.Q � J N70°24'39"E j,
O Q? 365.16' _
— SCALE: 1"=200'
Z= MUTUAL USE AREA #1
o — — u POINT OF BEGINNING MUA 1
W N00°17'30"E 2441.86'
uj
to WEST LINE OF THE SOUTHWEST
QUARTER OF SECTION 15
sss°49'29"W POINT OF COMMENCEMENT MUA 1 & MUA 2
155'499.13' SW CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST
FOUND 4"X4" CONCRETE MONUMENT WITH NAIL & DISK "PRM LB6707" SHEET 5 OF 7
DATE: 02/15/2019 �
PROJECT NUMBER: 180004 TOWER ROAD
CRIBB PHILBECK WEAVER GROUP, INC.
DRAWN: D. HEATH LAND O' LAKES, FLORIDA 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE:(613)361-2644, FAX:(813)223-2469
PROFESSIONAL SURVEYOR & MAPPER
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER: LB8232
SKETCH OF DESCRIPTION
LEGEND
MUA = MUTUAL USE AREA
ORB = OFFICIAL RECORDS BOOK
/
/ I
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
/ I \ PER ORB 732, PAGE 339
MUTUAL USE l
AREA #2
AREA=266 SQUARE / /
/ FEET
TOWER ROAD l
N00'22'1 4'"E 5.32' / S00°22'14"W 5.32'
I N70°23'44"E
53.20'
S70°23'44"W 1
/ 53.20' /
S70°23'44"W
12.76,
/ 11 POINT OF BEGINNING MUA 2
N
f i
�- - - - - - Z - - - - - - - - - - - - - - -
DETAIL OF MUA 2
r
NOT TO SCALE
:
SHEET 6 OF 7
DATE: 02/15/2019 /
PROJECT NUMBER: 180004 TOWER ROAD �:., � �
CRIBB PHILBECK WEAVER GROUP, INC.
DRAWN: D. HEATH LAND O' LAKES, FLORIDA 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603 j
PHONE:(813)361-2644, FAX:(813)223-2469
PROFESSIONAL SURVEYOR & MAPPER
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER: LB8232
r,
SKETCH OF DESCRIPTION
GENERAL NOTES:
1, THE PURPOSE OF THIS SKETCH IS TO DELINEATE THE DESCRIPTION ATTACHED HERETO,
THIS DOES NOT REPRESENT A BOUNDARY SURVEY,
2. THE BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE
SYSTEM, NORTH AMERICAN DATUM OF 198312011 ADJUSTMENT (NAD83/11), WEST ZONE, WITH
THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18
EAST HAVING A BEARING OF NORTH 00017'30" EAST.
3. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER, THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONLY,
4. THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION, THIS MUST BE
CONSIDERED WHEN OBTAINING SCALED DATA,
5, THIS SKETCH WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE REPORT. THE LANDS
SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT OF WAYS, EASEMENTS, OWNERSHIPS OR
OTHER INSTRUMENTS OF RECORD.
6. ALL RECORDING REFERENCES SHOWN ON THIS SKETCH REFER TO THE PUBLIC RECORDS OF
PASCO COUNTY, FLORIDA, UNLESS OTHERWISE NOTED.
7. THIS SKETCH IS NOT A SURVEY.
}
SHEET 7 OF 7
1
I HEREBY CERTIFY THAT THIS LEGAL,DESCRIPTION AND SKETCH 15 CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF. I FURTHER"CERTIFY THAT THIS LEGAL DESCRIPTION AND SKETCH MEETS
THE STANDARDS OF PRACTICE AS SFT FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS IN CHAPTER SJ-17„FLORIDA ADMINISTRATIVE.CODE,PURSUANT TO CHAPTER 472 OF
THE FLORIDA STATUTES.SUBJECT TO NOTES ANDNOTATIONS SHOWN HEREON. pp j
- 3 l 4I
REVISION BY DATE JEFFREY t.SCHWAR PROFESSIOUA4.SURVEYO &MAPPER LICENSE NUMBER:LS6618 DATE
DATE: 02/15/2019
PROJECT NUMBER: 180004 TOWER ROAD „yg
CRIBB DRAWN: D. HEATH LAND O' LAKES, FLORIDA 3918 N. H GH�ANDSECK AVENUEaTAMPARFLORIDA 33603
PHONE:(813)361-2644, FAX:(813)223-2469
PROFESSIONAL SURVEYOR & MAPPER a
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER:LBE
r
TBWProject: Cypress Creek 84" Transmission Main and 42" South Pasco Transmission Main
TBW — Non -Exclusive Perm Pipeline Easement
Sections 15,16,17,19 and 20, Tovvnship26 South, Range 18 Fast
Pasco County, Florida
Prepared by and return to:
Tampa Bay Water
2575 Enterprise Road
Clearwater, Florida 33763-1102
(Reserved for Clerk of Court)
MUTUAL USE AGREEMENT
THIS MUTUAL USE AGREEMENT entered into this day of
20_, by and between TAMPA BAY WATER, A Regional Water Supply Authority, an interlocal
governmental entity of the State of Florida, hereinafter referred to as "TAMPA BAY WATER,"
with its principal place of business located at 2575 Enterprise Road, Clearwater, Florida 33763-
1102, and CITY OF CLEARWATER, d/b/a CLEARWATER GAS SYSTEM, referred to as
"GAS" whose local address is 400 N. Myrtle Avenue, Clearwater, FL 33755
RECITALS:
A. TAMPA BAY WATER owns and possesses a Non -Exclusive Permanent Pipeline
Easement in and upon that certain real property more particularly described in the Deed
as recorded in Official Records Book 732, Pages 339 of the public records of Pasco
County, Florida ("Tampa Bay Water Easement").
B. TAMPA BAY WATER operates and maintains its 42" South Pasco Water
Transmission main and its appurtenances ("Tampa Bay Water Pipeline Facilities") within
the Tampa Bay Water Easement. TAMPA BAY WATER's abandoned 84" pre- stressed
concrete water main is also located within the utility easement.
C. GAS has acquired or will acquire the appropriate rights or interests from the fee
simple owner of the property underlying the Tampa Bay Water Easement. GAS desires to
use a portion of the Tampa Bay Water Easement in order to design, construct, inspect,
operate, maintain, and repair approximately 12,000 linear feet (LF) of 6" polyethylene
pipe (PE) ("GAS Facility") for the purpose of providing natural gas to its customers.
D. GAS and TAMPA BAY WATER desire to enter into this agreement for the purpose
of setting forth the terms and conditions under which GAS and TAMPA BAY WATER
will mutually use a portion of the Tampa Bay Water Easement described in Exhibit "A"
(the "Mutual Use Area 1" and the "Mutual Use Area 2", collectively, the "Use Area"),
attached hereto and incorporated herein.
GM14-2064-048/162011/1 1
NOW THEREFORE, for and in consideration of the premises and the sum of Ten Dollars
($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the
parties hereby agree as follows:
1. The above recitals are true and are incorporated herein by reference.
2. TAMPA BAY WATER hereby agrees to allow GAS the mutual use of the Use Area for
the uses and purposes stated herein.
3. GAS acknowledges and agrees that TAMPA BAY WATER's use of the Tampa Bay
Water Easement for water transmission pipelines and related purposes will not constitute an
interference with GAS's use of the Use Area.
4. Within fifteen (15) days after this Agreement is executed by both parties, GAS will submit
to TAMPA BAY WATER, a complete set of the most current construction plans for the GAS
Facility within the Use Area. Thereafter, TAMPA BAY WATER shall have forty-five (45) days
to review and approve GAS's construction plans, such approval not to be unreasonably withheld.
Also during this 45 -day period, TAMPA BAY WATER may make comments to GAS's
construction plans, by directing any such comments to GAS. GAS will use its best efforts to
incorporate TAMPA BAY WATER's comments into the construction plans.
5. GAS acknowledges and agrees that it is using the Use Area "as is" and that TAMPA BAY
WATER will not be responsible for preparing, altering, or modifying the Use Area in any manner
to accommodate GAS's use.
6. During construction of the GAS Facility, GAS agrees to the following:
a. GAS will not interrupt the operation of the Tampa Bay Water Pipeline Facilities,
so that the Tampa Bay Water Pipeline Facilities operate as they did prior to the start of
the construction of GAS Facility.
b. GAS will install the GAS Facility under Tampa Bay Water's 42" water main, while
maintaining a minimum vertical separation of 36 -inches, measured from below the outside
edge of the Tampa Bay Water water main and the GAS Facility.
c. Any temporary roads used for construction traffic crossing the Tampa Bay Water
Pipeline Facilities shall be built up a minimum of 3 -feet above existing grade.
7. GAS covenants that its use of the Use Area shall not at any time interfere with TAMPA
BAY WATER's use of the Tampa Bay Water Easement, and that GAS's use of the Use Area will
not cause the impairment of the Tampa Bay Water Pipeline Facilities or other hazardous conditions
to exist. GAS covenants that if it creates a hazardous condition or restricts, impairs, interferes with,
or hinders the use of the Tampa Bay Water Easement by TAMPA BAY WATER, then, upon
notification by TAMPA BAY WATER, GAS shall, within seventy-two
M4-2064-048/162011/1
2
(72) hours, at its cost and expense, correct such condition. TAMPA BAY WATER retains the right
to enter upon the Tampa Bay Water Easement for the purpose of correcting such condition if GAS
fails to respond within the seventy-two (72) hour period following notice or if TAMPA BAY
WATER determines that an emergency situation exists and requires immediate attention. GAS
agrees to reimburse TAMPA BAY WATER for all reasonable, justified and substantiated costs
and expenses incurred in connection with such action.
8. During the period in which any construction or site preparation for the GAS Facility is
occurring by or on behalf of GAS within the Use Area, GAS shall maintain or arrange to have
maintained the following insurance coverage through either self-insurance, purchased insurance,
or a combination thereof:
a. Workers' Compensation insurance adequate under Florida law for all of GAS's
employees working in or about the Tampa Bay Water Easement. GAS shall require
all contractors or sub -contractors working in or about the Tampa Bay Water Easement
to maintain Workers' Compensation insurance adequate under Florida law for all their
employees.
b. Automobile liability insurance in the minimum amount of $1,000,000.00 combined
single limit, each accident, (bodily injury and property damage) insuring all owned,
leased, hired and other non -owned vehicles.
c. Comprehensive General Liability Insurance in the minimum amount of
$1,000,000.00 combined single limit (bodily injury and property damage) covering
premises operations liability, products and completed operations liability, personal
injury coverage.
d. Employer's Liability Insurance in the following minimum amounts:
$100,000 EACH ACCIDENT EACH EMPLOYEE
$100,000 EACH DISEASE EACH EMPLOYEE
$500,000 AGGREGATE BY DISEASE
e. GAS shall furnish TAMPA BAY WATER with a letter of self-insurance signed by
the City's Risk Manager. Any and all subcontractors performing work for GAS will
furnish TAMPA BAY WATER with a Certificate of Insurance certifying that each
policy required is in full force and effect. GAS and any and all subcontractors will
give TAMPA BAY WATER thirty (30) days advance written notice by certified mail
before canceling or changing the coverage of the required coverages under this
Agreement.
The failure of TAMPA BAY WATER to request evidence of the coverage set forth above
shall not be construed by GAS as a waiver of GAS's obligation to provide the insurance
coverage specified.
0A4-2064-048/162011/1
3
The parties shall fully cooperate in making claims and furnishing information to the
insured or the insurers and in obtaining settlements and payments from the insurer or insurers.
Neither GAS nor its contractors shall claim an interest in any insurance settlement arising out of
any loss with respect to the Tampa Bay Water Pipeline Facilities where TAMPA BAY WATER
is named as the sole beneficiary. GAS and its contractors shall execute any and all documents
required by TAMPA BAY WATER or its insurer that may be necessary for use in connection with
the settlement of any such claims. GAS shall not conduct or allow any hazardous activity on the
Tampa Bay Water Easement that brings about a risk of bodily injury (including death) or property
damage (including damage to or destruction of the property) that would be excluded from the
coverage of the insurance that GAS is obligated to maintain.
9. After construction and after the GAS Facility is installed, GAS agrees to the following:
a. GAS shall clearly and permanently mark the location of the GAS Facility in the
Use Area and TAMPA BAY WATER shall clearly and permanently mark the
location of the Tampa Bay Water Pipeline Facilities in the Use Area.
b. Thereafter, should either party or its contractors negligently or intentionally
damage the facilities of the other party, the injured party shall be reimbursed for all
reasonable costs and expenses it incurs in connection with repairing any such
damage.
c. GAS shall be responsible and shall reimburse TAMPA BAY WATER for all
reasonable, actual costs and expenses it incurs in connection with additional
construction costs due to the GAS Facility located within the Use Area. GAS shall
reimburse TAMPA BAY WATER all said costs and expenses within 30 days.
10. To the extent permitted by Section 768.28, Florida Statutes and without waiving its
sovereign immunity, GAS shall protect, defend, indemnify and hold TAMPA BAY WATER and
its officers, employees and agents harmless from and against any and all liabilities, claims, losses,
negligent act, error, or omission by the GAS, its subcontractors, agents or employees, arising out
of or incidental to the performance of this Agreement. The GAS's obligation to indemnify TAMPA
BAY WATER pursuant to this Section 10 is limited by the GAS's right to sovereign immunity,
which right is expressly not waived by the GAS, and to the indemnification limitations provided
in section 768.28, Florida Statutes.
11. Seven (7) days prior to commencement of construction, GAS or its contractor shall contact
the Tampa Bay Water Facilities Maintenance Department for the purpose of coordinating with and
advising TAMPA BAY WATER of GAS's construction schedule.
12. The occurrence of one (1) or more of the following acts shall be deemed to constitute an
event of default:
GAS or TAMPA BAY WATER fail to perform and comply with any obligation,
responsibility or liability imposed upon TAMPA BAY WATER or GAS by this
Agreement and such failure continues for more than thirty (30) days after the non -
defaulting party gives the defaulting party written notice thereof, or the defaulting
party fails to commence all reasonable curative action within thirty (30) days after
044-2064-048/162011/1
4
notice thereof and fails to diligently and continuously prosecute the curative
action to completion;
If a default occurs and the defaulting party fails to cure such default in accordance with this
Agreement, the non -defaulting party may, without further notice immediately or at any time
thereafter, correct the default, in which event the defaulting party shall immediately reimburse the
non -defaulting party for any and all costs incurred by the non -defaulting party in curing the default.
13. GAS's interest in the Use Area shall not be subject to liens for improvements made by, to
or upon the Use Area, and any such liability is expressly prohibited as contemplated by Section
713.10, Florida Statutes. If any mechanic's lien is placed or any claim is filed against or permitted
to be done by either party, such party shall cause the same to be removed within one hundred
twenty (120) days of recording, and shall hold the other party harmless from any adverse effect
thereof.
14. All notices, communications, and consents required or permitted by this Agreement shall
be in writing and delivered by hand or transmitted by registered or certified mail, return receipt
requested, with notice deemed to be given upon receipt and addressed to the attention of the
following:
If to GAS:
With a copy to:
If to TAMPA BAY WATER:
With a copy to:
GMI4- 2064- 048/162011/1
Jacinta Garcia Corcoba
Drafting & Design Coordinator
400 N. Myrtle Avenue
Clearwater, FL 33755
City Attorney
P.O. Box 4748
Clearwater, FL 33758-4748
Matt Jordan
General Manager
2575 Enterprise Road,
Clearwater, Florida 33763-1102
Jonathan M. Kennedy
Engineering Manager
2575 Enterprise Road,
Clearwater, Florida 33763-1102
5
15. This Agreement shall be binding upon the successors and assigns of the parties hereto
(subject to the restriction governing assignment contained in the paragraph 16).
16. Neither party shall assign its rights under this Agreement without prior written approval
of the other party.
17. This Agreement may only be amended in writing, duly executed by the authorized
representatives of the parties hereto.
18. This Agreement may be executed in more than one counterpart, each of which shall be
deemed an original.
19. This Agreement represents the entire agreement between the parties hereto, with respect
to the subject matter contained herein, and supersedes all prior negotiations, understandings,
representations or agreements, either written or oral.
20. If any one or more of the provisions of this Agreement should be held contrary to law,
public policy, or should for any reason whatsoever be held invalid or unenforceable by court of
competent jurisdiction, then such provision or provisions shall be null and void and shall be
deemed separate from the remaining provisions of this Agreement, which remaining provisions
shall continue in full force and effect if the rights and the obligations of the parties contained herein
are not materially prejudiced and the intentions of the parties continue to be effective.
21. Any term, condition, covenant or obligation which requires performance by either party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination.
22. GAS agrees that at such time as the GAS Facility is removed from the Use Area, the rights
granted herein shall be automatically extinguished. GAS agrees to execute whatever documents
are necessary for the purpose of clearing title to the Tampa Bay Water Easement at issue in this
Agreement.
23. The remedies set forth in this Agreement are cumulative and not in limitation of any
remedies available at law or in equity.
GM14-2064-048/162011/1
6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date of
execution written above.
COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA
'c(2WMC, 1.41(05
George N. Cretekos, Mayor
APPROVED AS TO FORM:
Lt4-1/—ty
Laura Mahony, Assistant City kitorney
UJ8.lI�,..�
William B. Horne II, City Manager
ATTEST:
Rosemarie Call, City Cler
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_ , By . That he/she is personally known to me or has produced
as identification and has/has not taken an oath.
By: Notary Public
My Commission Expires: Print Name:
GMI4-2064-048/162011/1
7
WITNESS: TAMPA BAY WATER, A REGIONAL
WATER SUPPLY AUTHORITY
By:
Signature Matt Jordan
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF PASCO
Its: General Manager
Date:
(SEAL)
APPROVED AS TO FORM:
Barrie S. Buenaventura,
General Counsel
The foregoing instrument was acknowledged before me this J _ day of
20_ , By . That he/she is personally known to me or has produced
as identification and has/has not taken an oath.
By: (Seal)
Notary Public, State of Florida
Print Name:
My Commission Expires:
GNIl4-2064-048/162011/1
8
"EXHIBIT A"
SCHEDULE "A"
LEGAL DESCRIPTION OF MUTUAL USE AREA 1:
ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTIONS 15, 16, 17, 19 AND 20, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA,
BEING A FOUND 4"X4" CONCRETE MONUMENT WITH NAIL AND DISK "PRM LB6707"; THENCE NORTH 00°17'30" EAST ALONG THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF 2441.86 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 70°24'39" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO THE NORTH LINE OF A 32 FEET WIDE
WATER TRANSMISSION MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF
PASCO COUNTY, FLORIDA, A DISTANCE OF 106.64 FEET TO A POINT; THENCE SOUTH 55°49'29" WEST, A DISTANCE OF 159.13
FEET TO A POINT; THENCE SOUTH 70°23'38" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A
DISTANCE OF 5099.91 FEET TO A POINT; THENCE SOUTH 83°20'14" WEST, A DISTANCE OF 178.57 FEET TO A POINT; THENCE
SOUTH 70°23'44" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 1691.45
FEET TO A POINT OF CURVATURE; THENCE 249.19 FEET IN A SOUTHWESTERLY DIRECTION, ALONG THE ARC OF A CURVE LYING 5
FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, CONCAVE TO THE NORTHWEST, HAVING A DELTA ANGLE OF 02°28'40",
A RADIUS OF 5762.60 FEET, A CHORD BEARING OF SOUTH 71°37'21" WEST AND A CHORD LENGTH OF 249.17 FEET TO THE POINT
OF TANGENCY; THENCE SOUTH 72°52'70" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A
DISTANCE OF 933.98 FEET TO A POINT; THENCE SOUTH 72°53'07" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO
SAID NORTH LINE, A DISTANCE OF 2752.99 FEET TO A POINT; THENCE SOUTH 72°5341" WEST ALONG A LINE 5 FEET SOUTHEAST
OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 583.97 FEET TO A POINT; THENCE SOUTH 28'50'32" WEST, A DISTANCE
OF 38.83 FEET TO A POINT; THENCE SOUTH 72°53'41" WEST ALONG THE SOUTH LINE OF A 32 FEET WIDE WATER TRANSMISSION
MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF PASCO COUNTY,
FLORIDA, A DISTANCE OF 7.19 FEET TO A POINT; THENCE NORTH 28°50'32" EAST, A DISTANCE OF 46.02 FEET TO A POINT;
THENCE NORTH 72°53'41" EAST ALONG THE NORTH LINE OF A 32 FEET WIDE WATER TRANSMISSION MAIN EASEMENT AS
RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, A DISTANCE OF
585.99 FEET TO A POINT; THENCE NORTH 72°53'07" EAST ALONG SAID NORTH LINE, A DISTANCE OF 2752.99 FEET TO A POINT;
THENCE NORTH 72°52'10" EAST ALONG SAID NORTH LINE, A DISTANCE OF 933.98 FEET TO A POINT OF CURVATURE; THENCE
248.98 FEET IN A NORTHEASTERLY DIRECTION, ALONG THE ARC OF A CURVE AND ALONG SAID NORTH LINE, CONCAVE TO THE
NORTHWEST, HAVING A DELTA ANGLE OF 02°28'40", A RADIUS OF 5757.58 FEET, A CHORD BEARING OF NORTH 71037'21" EAST
AND A CHORD LENGTH OF 248.96 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70023'44" EAST ALONG SAID NORTH LINE, A
DISTANCE OF 1692.02 FEET TO A POINT; THENCE NORTH 83°20'14" EAST, A DISTANCE OF 178.57 FEET TO A POINT; THENCE
NORTH 70°23'38" EAST ALONG SAID NORTH LINE, A DISTANCE OF 5098.71 FEET TO A POINT; THENCE NORTH 55°49'29" EAST, A
DISTANCE OF 159.13 FEET TO A POINT; THENCE NORTH 70°24'39" EAST ALONG SAID NORTH LINE, A DISTANCE OF 365.16 FEET
TO A POINT; THENCE SOUTH 19°52'06" EAST, A DISTANCE OF 5.00 FEET TO A POINT; THENCE SOUTH 70°24'39" WEST ALONG ON A
LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 257.90 FEET TO THE POINT OF BEGINNING.
LESS: ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA,
BEING A FOUND 4"X4" CONCRETE MONUMENT WITH NAIL AND DISK "PRM LB6707"; THENCE NORTH 00°17'30" EAST ALONG THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF 2441.86 FEET TO A POINT; THENCE SOUTH
70°24'39" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO THE NORTH LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF PASCO
COUNTY, FLORIDA, A DISTANCE OF 106.64 FEET TO A POINT; THENCE SOUTH 55°49'29" WEST, A DISTANCE OF 159.13 FEET TO A
POINT; THENCE SOUTH 70°2338" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE
OF 5099.91 FEET TO A POINT; THENCE SOUTH 83°20'14" WEST, A DISTANCE OF 178.57 FEET TO A POINT; THENCE SOUTH
70°2344" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 12.76 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 70°3244" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID
NORTH LINE, A DISTANCE OF 53.20 FEET TO A POINT; THENCE NORTH 00°22'14" EAST, A DISTANCE OF 532 FEET TO A POINT ON
THE NORTH LINE OF A 32 FEET WIDE WATER TRANSMISSION MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732,
PAGE 339 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE NORTH 70°23'44" EAST ALONG SAID NORTH LINE, A
DISTANCE OF 53.20 FEET TO A POINT; THENCE SOUTH 00°2214" WEST, A DISTANCE OF 5.32 FEET TO THE POINT OF BEGINNING.
TOTAL AREA CONTAINING 1.378 ACRES, MORE OR LESS.
SHEET 1 OF 7
DATE: 02/15/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED: J. SCHWARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
cpwg
1111111. 1112011.
CRIBB PHILBECK WEAVER GROUP. INC
3918 N HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE. (813) 361-2644, FAX: (813) 123-2469
PROFESSIONAL SURVEYOR & MAPPER
BUSINESS LICENSE NUMBER. L88232
SCHEDULE "A"
LEGAL DESCRIPTION OF MUTUAL USE AREA 2:
ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO
COUNTY, FLORIDA, BEING A FOUND 4"X4" CONCRETE MONUMENT WITH NAIL AND DISK "PRM LB6707"; THENCE
NORTH 00°17'30" EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE
OF 2441.86 FEET TO A POINT; THENCE SOUTH 70°24'39" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND
PARALLEL TO THE NORTH LINE OF A 32 FEET WIDE WATER TRANSMISSION MAIN EASEMENT AS RECORDED IN
OFFICIAL RECORDS BOOK 732, PAGE 339 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, A DISTANCE OF
106.64 FEET TO A POINT; THENCE SOUTH 55°49'29" WEST, A DISTANCE OF 159.13 FEET TO A POINT; THENCE
SOUTH 70°23'38" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE
OF 5099.91 FEET TO A POINT; THENCE SOUTH 83°20'14" WEST, A DISTANCE OF 178.57 FEET TO A POINT;
THENCE SOUTH 70°23'44" WEST ALONG A LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A
DISTANCE OF 12.76 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 70°32'44" WEST ALONG A
LINE 5 FEET SOUTHEAST OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 53.20 FEET TO A POINT;
THENCE NORTH 00°22'14" EAST, A DISTANCE OF 5.32 FEET TO A POINT ON THE NORTH LINE OF A 32 FEET
WIDE WATER TRANSMISSION MAIN EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 732, PAGE 339 OF
THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE NORTH 70°23'44" EAST ALONG SAID NORTH LINE, A
DISTANCE OF 53.20 FEET TO A POINT; THENCE SOUTH 00°22'14" WEST, A DISTANCE OF 5.32 FEET TO THE
POINT OF BEGINNING.
CONTAINING 266 SQUARE FEET, MORE OR LESS.
SHEET 2 OF 7
DATE: 02/15/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED: J. SCHWARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
cpwg
CR188 PHILBECK WEAVER GROUP, INC
3918 N. HIGHLAND AVENUE, TAMPA. FLORIDA 33603
PHONE: (813) 361-2644, FAX: (813) 223-2469
PROFESSIONAL SURVEYOR & MAPPER
BUSINESS LICENSE NUMBER: LB8232
SKETCH OF DESCRIPTION
LEGEND
MUA = MUTUAL USE AREA
ORB = OFFICIAL RECORDS BOOK
LINE TABLE
L2: 528°50'32"W 38.83
L3: 572°53'41"W 7.19'
L4: N28°50'32"E 46.02'
N72°53'41 "E 585.99'
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
_ S72°53'41"W 583.97'—
L2
L3 S LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
M
MUTUAL USE
AREA #1
TOWER ROAD
N72°53'07"E 2752.99'
572°53'07"W 2752,99_
0 100 200
SCALE: 1"=200'
M
t.
TOWER ROAD
In
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
N72°53'07"E 2752.99'
_ 572°53'07"W 2752.99'
MUTUAL USE
AREA #1
TOTAL AREA=1.378 ACRES
TOWER ROAD
N72°53'07"E
2752.99'
572°53'07"W_
2752.99'
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
N
N72°52' 10"E 933.98'
.572°52'10V 933.98'
RADIUS=5757.58'
DELTA=02°28'40"
LENGTH=248.98'
CHORD DISTANCE=248.96'
CHORD BEARING=N71°37'21"E
TOWER ROAD
POINT OF
CURVATURE
MUTUAL USE
AREA #1
SHEET 3 OF 7
PlINT OF TANGENCY
RADIUS=5762.60'
DELTA=02°28'40"
LENGTH=249.19'
CHORD DISTANCE=249.17'
CHORD BEARING=S71°37'21"W
DATE: 02/15/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED: J. SCHWARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
cpwg
CRIBB PHILBECK WEAVER GROUP, INC.
3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE: (813) 361-2644, FAX: (813) 223-2469
PROFESSIONAL SURVEYOR & MAPPER
BUSINESS LICENSE NUMBER: L88232
SKETCH OF DESCRIPTION
LEGEND
MUA = MUTUAL USE AREA
ORB = OFFICIAL RECORDS BOOK
O'n
r.
QW
x
2y
2Z
00
L./
W '
�M
RADIUS=5757.58'
DELTA=02°28'40" N LINE OF A 32 FEET WIDE WATER
LENGTH=248.98' TRANSMISSION MAIN EASEMENT
CHORD DISTANCE=248.96' PER ORB 732, PAGE 339
CHORD BEARI NG=N71 °37'21 "E
POINT OF TANGENCY
TOWER ROAD
N70°23'44"E 1692.02'
_ S70°23'44'W 1691.45'
POINT OF CURVATURE
RADI U S=5762.60'
DELTA=02°28'40"
LENGTH=249.19'
CHORD DISTANCE=249.17'
CHORD BEARING=571°37'21"W
MUTUAL USE
AREA 01
MUTUAL USE
AREA 02
AREA=266 SQUARE
FEET ±
0 (SEE DETAIL
Lu ON SHEET 6)
0 N70°23'44"E
Q 1692.02
_ S70°23'44"W
Ua 1691.45' --.S7ti✓
W
W
H
N83°20' 14"E
178.57'
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
S83°20' 14"W
178.57'
MUTUAL USE
AREA 01
TOTAL AREA=1.378 ACRES ±
TOWER ROAD
N70°23'38"E 5098.71'
570°23'38"W 5099.91' _
0 100 200
SCALE: 1"=200'
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
TOWER ROAD
N70°23'38"E 5098.71'
_ _ _ _ 570`23'38"W 5099.91'_
f
MUTUAL USE
AREA 01
SHEET 4 OF 7
DATE: 02/15/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED: J. SCHWARTZ
TOWER ROAD
LAND O' LAKES, FLORIDA
cpwg
CRIBB PHILBECK WEAVER GROUP, INC.
3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE' (813) 361-2644, FAX: (813) 223-2469
PROFESSIONAL SURVEYOR & MAPPER
BUSINESS LICENSE NUMBER: L88232
SKETCH OF DESCRIPTION
LEGEND
MUA = MUTUAL USE AREA
ORB = OFFICIAL RECORDS BOOK
U,
-f- -
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
TOWER ROAD
N70°23'38"E 5098.71'
570°23'38"W 5099.91' _
MUTUAL USE
AREA #1
2 2
N TOWER ROAD O
ti W in M _
NC
0 N70°23'38"E 5098.71' 0
2m-- — o J
ti Q _ — — — 570°23'38"W 5099.91' _ — — — ._— — — 2 W
2•
1:133
OQ I Zm
W MUTUAL USE 159.13 •
555°49'29'W OU ,�
ui AREA #1 W
TOTAL AREA=1.378 ACRES ± in
N LINE OF A 32 FEET WIDE WATER
TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
N55°49'29"E
159.13'
W
0,
R --
2 'n
O z�
uJ
jZe0
IIC
—
u�,
N LINE OF A 32 FEET WIDE
WATER TRANSMISSION MAIN
EASEMENT PER ORB 732.
PAGE 339
v�
C.,' N74 9E
365.16'
�
L5
M
l
L6 _ — I
MUTUAL USE AREA #1
POINT OF BEGINNING MUA 1
N0O°17'30"E 2441.86'
WEST LINE OF THE SOUTHWEST
QUARTER OF SECTION 15
POINT OF COMMENCEMENT MUA 1 & MUA 2
SW CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST
FOUND 4"X4" CONCRETE MONUMENT WITH NAIL & DISK "PRM L86707" SHEET 5 OF 7
LINE TABLE
Ll. 570°24'39"W 106.64'
L5: S19°52'06"E 5.00'
L6: 570°24'39"W 257.90' 0 100 200
S55°49'29"W
159.13'
SCALE: 1"=200
DATE: 02/15/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED.' J. SCHWARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
cpwg
.111.1.111111.
CRIBB PHILBECK WEAVER GROUP, INC.
3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE. 18131 361-2644, FAX: (813) 223-2469
PROFESSIONAL SURVEYOR 6, MAPPER
BUSINESS LICENSE NUMBER: 1_68232
SKETCH OF DESCRIPTION
LEGEND
MUA = MUTUAL USE AREA
ORB = OFFICIAL RECORDS BOOK
MUTUAL USE
AREA #2
AREA266 SQUARE
/ FEET ±
N00°22' 14"E 5.32'
TOWER ROAD
N70°23'44"E '^
53.20'
/
l N LINE OF A 32 FEET WIDE WATER
-- TRANSMISSION MAIN EASEMENT
PER ORB 732, PAGE 339
500°22'14"W 5.32'
I- -
NOT TO SCALE
570°23'44"W
53.20'
570°23'44"W
12.76'
POINT OF BEGINNING MUA 2
DETAIL OF MUA 2
SHEET 6 OF 7
DATE: 02/15/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED:J. SCH ARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
cpwg
CR1BB PHILBECK WEAVER GROUP, INC
3918 N. HIGHLAND AVENUE, rAMPA, FLORIDA 33603
PHONE. (813) 361-2644, FAX: (813) 223-2469
PROFESSIONAL SURVEYOR & MAPPER
BUSINESS LICENSE NUMBER:L88232
SKETCH OF DESCRIPTION
GENERAL NOTES:
1. THE PURPOSE OF THIS SKETCH IS TO DELINEATE THE DESCRIPTION ATTACHED HERETO,
THIS DOES NOT REPRESENT A BOUNDARY SURVEY.
2. THE BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE
SYSTEM, NORTH AMERICAN DATUM OF 1983/2011 ADJUSTMENT (NAD83/11), WEST ZONE, WITH
THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18
EAST HAVING A BEARING OF NORTH 00°17'30" EAST.
3. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER, THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONLY.
4. THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE
CONSIDERED WHEN OBTAINING SCALED DATA.
5. THIS SKETCH WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE REPORT. THE LANDS
SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT OF WAYS, EASEMENTS, OWNERSHIPS OR
OTHER INSTRUMENTS OF RECORD.
6. ALL RECORDING REFERENCES SHOWN ON THIS SKETCH REFER TO THE PUBLIC RECORDS OF
PASCO COUNTY, FLORIDA, UNLESS OTHERWISE NOTED.
7. THIS SKETCH IS NOT A SURVEY.
SHEET 7 OF 7
REVISION
BY
DATE
I HEREBY CERTIFY THAT THIS LEGAI,DFSCIUP►TOR AND- SKL1(H IS CORRECT T7 THE BEST OF Mr
KNOWLEDGE AND BELIEF. I FURIMER,YEB IFY THAT THIS IELAI,.DESCRiPTICN AND SKETCH MEETS
THE STANDARDS OF PRACTICE AS RET FOp7N-9( THE K(f)RIDA BLOB OF PROFESSIONAL SURVEYORS
AND RAPPERS IN CHAPTER 5J -T7 TLORICA'-ADMINISTRAThr CODE. PURSUANT TO CHAPTER 471 OF
THE FLORIDA STATUTETTEE(S. SUBJECT TO NOTES AMP- I "A'TIONS SHOWN HEREON.
JEFFREY �:���' 1µ'!'F
b MAPPER ;ICFNSE NU $5618 DATE
DATE: 02/15/2019
PROJECT NUMBER: 180004
DRAWN: D. HEATH
CHECKED: J. SCHWARTZ
TOWER ROAD
LAND 0' LAKES, FLORIDA
cpwg
CRI88 PHILBECK WEAVER GROUP, INC.
3918 N. HIGHLAND AVENUE. TAMPA, FLORIDA 33603
PHONE. 18131 361-2644. FAX: (8131 223-2469
PROFESSIONAL SURVEYOR & MAPPER
BUSINESS LICENSE NUMBER: L88232