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SETTLEMENT STIPULATION - SEC 17-29-16 I I IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CITY OF CLEARWATER, FLORIDA, Plaintiff, v. Case No. 91-16681-20 ALLAN J. STOWELL, Defendant. / SETTLEMENT STIPULATION The Plaintiff, City of Clearwater, Florida (hereinafter, "City"),and the Defendant, Allan J. Stowell (hereinafter, "Stowell"), on behalf of themselves, their successors and assigns, and tlleir officers and employees, enter into this Settlement Agreement and state as follows: 1. The City wi 11 survey the Property as necessary to make any necessary adjustments to the "Lloveras survey" to reflect the changes at the west end of the property, and to serve as a basis for the drafting of legal descriptions or for other reference purposes. The City will provide one copy of the survey to Stowell. 2. The City will prepare and furnish a legal description of the construction pits that will be required for the project. The pit locations will be located so as to minimize damage to the environment and to the trees on the property, based upon the advice of an independent arborist and the City staff arborist with approval of Stowell, said approval not to be unreasonably withheld. The most westerly of the construction pits will be downsized to accommodate only 5-foot lengths of sewer sleeve liner, in recognition of the possibility of damage to trees near the construction pit resulting froln the excavation of a pit large enough to accommodate a standard 20-foot length of sewer sleeve liner; however, should the independent arborist agree that the larger pit will pose no greater C( --":) /~,.. ,,".: ! (;) I I risk of such damage than the smaller pit, the larger pit will be used. 3. The City will prepare and furnish a legal description for a temporary construction easement to be located on either side of the permanent easement. The temporary construction easement will be 7.5 feet in width on each side of the permanent easement (that is, a total of 15 feet in width). 4. Access to the permanent easement, the temporary construct ion easement and the construction pits will be in the form of a letter license agreement from Stowell to the City. The aclual path of the access route will be staked and delineated by construction ribbon. The term of the license shall be 30 days, beginning as of the date the City's contractor has been mobilized and is ready to enter the premises and commence work, with additional 30-day extensions for good cause outs i de the City IS contro l. 5. The City will give free taps into the City sewer line for the two residential structures on the westerly portion of the property including all the costs of such taps, including connection fees, impact fees and any other costs, but not i nc 1 ud i ng future usage charges and future spec i a 1 assessments. The overall plan for the location of the sewer lines will be prepared to avoid to the greatest degree possible any damage to the environment and the trees on the property, and such plan will be reviewed and approved by Stowell, such approval not to be unreasonably withheld. The City will employ a plumber or other contractor to lie the two residential structures into the City sewer line in accordance with all applicable codes and good practice. Installation of the new sewer lines to the City sewer will occur before the access to the area is used because of the risk of damage to the existing drain fields by the construction equ i pment. 6. Stowell wi 11 grant the City a IS-foot permanent easement centered on 2 I I the existing sewer line on all portions of the property where the sewer line does not lie within an easement of record. 7. An independent arborist, selected by Stowell and Alan Mayberry, will be paid by the City to give independent advice on the appropriate path of access, the location of construction pits, the use of temporary construction easements, and other matters appropriate to the preservation and safety of the trees existing on the property. It is the intent of both parties that every reasonable precaution will be taken to avoid damage to these trees. Any necessary pruning, root protection or curative steps to protect the health of the trees will be identified by the independent arborist and communicated by the arborist to the City and the City's c()ntractor~ Such pruning, root protection or curative steps will be accomplished on a timely basis. A letter of understanding incorporating the specifications of the arborist will be agreed to by both parties regarding the above matters before the project is comnenced or the license for access is granted. 8. If the independent arborist so advises, additional shell will be put on the driveway running generally north to south between the two residences on the western portion of the property in order to protect the exposed roots of the trees which traverse the driveway, and the driveway will be gy'aded with additional shell to accommodate conslnl<~tion traffic and avoid further deterioration of the driveway. 9. Manhole numbers 20 and 19 will be lowered to be flush with the ground. 10. easement, The City will give Stowell a letter that neither the permanent the i.lccess eascmcnl nor the construction easement will reduce the development densities that would otherwise be allowed on the property. 3 I I 11. The City will give Stowell a letter stating that the City has sufficient sewage treatment capacity to serve 200 residential units on this property, and a similar letter relating to water service capability. 12. The City will restore the property to its present, pre-construction condition after completion of construction. 13. The City wi II videotape the property before and after construction. A copy of said videotape will be provided to Stowell at no cost. 14. The City will repair or cause its contractor to repair damaged fences located on Stowell's property and damaged by the City's contractor. 15. Within 120 days of acceptance by the City of the easement described in this paragraph, that portion of the City water distribution system serving the Property, currently existing in the vicinity of the intersection of Rogers Street and Thornton Road, will be reconstructed such that a new line will proceed south to serve the Property out of a circulating system rather than the existing dead- end system. Stowell will grant the City the necessary easement in a location agreed to between the parties for such replacement, and the easement will reflect. that at Stowell's option the water distribution line may be abandoned or relocated and the easement quit-claimed to Stowell; provided, that (a) if the water distribution line is relocated, a replacement easement shall be provided to the City over the replacement water line as installed, and (b) if the water distribution line is abandoned, the line will become Stowell's property. 16. The City will quit-claim to Stowell a segment o,f the 10-foot easement on the west side of Thornton Road that Stowell conveyed to the City in 1970. The segment to be quit-claimed will be measured from 10 feet on either side of the existing structure that protrudes into the easement. 17. TIle City will agree by letter to approve a right-hand-turn lane off 4 I I Thornton Road onto Gulf to Bay BOlllevard for any future development of the site, said improvements to be at the cost of the developer and subject to Florida Department of Transportation approval. 18. The City will give Stowell a general release at the conclusion of the litigation, and will dismiss the suit with prejudice. 19. The City will give Stowell a letter, signed by City Manager Michael J. Wright, which will read as follows: The City of Clearwater is very pleased that the matters in dispute regarding the acquisition of easements across your property for the repair of the City sewer line have been amicably resolved. Upon a complete investigation of the matter, it is apparent that the concern about the possibility of environmental damage raised by a member of my staff at a public meeting was not known by you before the comment was made. Any comments that you were persona lly responsible for any construction delays, or that you were not equally concerned with the environment, were not accurate. Your questions as the to sufficiency of the easements across your property held by the City were valid ones, and we appreciate your efforts in helping to resolve this matter. I am sorry if any of your many friends in Clearwater were led to believe otherwise. Your cooperation with the City of Clearwater has avoided a substantially greater expenditure of public funds in an eminent domain proceeding. 20. The City will pay the sum of $27,500.00 to Stowell, which sum shall be inclusive of all costs, attorney's fees and payments for the easements being obtained, and any other claims and demands whatsoever not otherwise provided for in this agreement. (a) Within 20 days following agreement of the parties regar'ding the location of the construction pits as described in paragraph 2, the location of the access path as described in par'agraph 4, the overall plan for the location of the sewer lines as provided in paragraph 5, and the location of the water distribution line easement as descr'ibed in paragraph 15, the City shall deliver drafts of the easements for said pits and lines to Stowell, and Stowell shall deliver a draft of the letter license access agreement to the City, for review 5 I I by the other party. (b) Payment by the City of the amount specified in this paragraph will be made simultaneously with the delivery by Stowell to the City of the temporary construction easement described in paragraph 3, the letter license agreement for the access path as described in paragraph 4, the permanent easement as described in paragraph 6, the letter of understanding as described in paragraph 7, and the water distribution line easement as described in paragraph 15, all to be fully executed. The easements, but not the letter license agreement or the letter of understanding, shall be in a form acceptable for recording in the public records of Pinellas County. 21. Stowell covenants and agrees to refrain from interfering with the performance of the work described herein by the City and its officers, employees or agents. Stowell further covenants and agrees that any complaints, questions or comments he may have regarding the work, and any claim he may have pursuant to this agreement, if communicated to the City, shall be communicated through his attorney or to the city manager or public works director of the City, and not to the City's contractor or to officers, agents or employees of the contractor while the work is in progress. 22. The existing cast iron sanitary sewer line on the easterly side of the property will be tapped into Manhole Number 18, and this tap will be recognized for all pllrposes as an active line subject to eventual reconnection. 23. The terms of this agreement constitute the entire understanding between the parties hereto. Any and all prior understandings or agreements between the parties, whether oral or written, are merged into this agreement. Any additions, amendments or modifications to this agreement, in order to be binding, shall be made in writing, signed by all the parties or their successors 6 I I in title and interest, and recorded as an exhibit to an amended final judgment to be stipulated to and entered in the same manner as this agreement. 24. This agreement will be executed in its original form as well as three counterparts with original signatures. The original will be filed with the court, and any counterpart may be considered as an original for all purposes. IN WZ(ESS WHEREOF, the parties hereto have executed this agreement as of the:Jb day of _~ ,1992, which date represents the date upon which the agreement was fully executed by both parties hereto. Countersigned: I~~ Rita Garvey Mayor-Commissioner Approved as to form and correctness: CITY OF CLEARWATER, FLORIDA By: Attest: 7