AGREEMENT/GRANT OF CONSTRUCTION AND PERMANENT EASEMENT
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INJT # 94-230823
AUG 15, 1994 4:32PM
PltELLAS COUNTY FLA.
OFF.REC.BK 8754 PG 1797
AGREEMENT AND GRANT OF CONSTRUCTION AND PERMANENT EASEMENT
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THIS AGREEMENT, made and entered into this ~ day of August,
1994, by and between ALLAN J. STOWELL, a single man, 2873 Thornton
Road, Clearwater, Florida 34619, hereinafter referred to as "Owner"
1~ nLCOFlD!t'iGd the CITY OF CLEARWATER, a, Florida municipal corporation, Post
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C':)D~-'f.ti Otfice Box 4748, Clearwater, Florida 34618-4748, hereinafter
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[)fi?H; ___~ferred to as "City".
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WHEREAS, Owner is presently and has been for many years past,
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-.---- the unencumbered fee simple owner of Lots 10, 11 and 12, as shown
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-.....----Q!l the plat of Wm. Brown's Bayview Subdivision, as recorded in Plat
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------: 1- _~9. ok 1, Page 13, of the Public Records of Hillsborough County,
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.. Florida, of which Pinellas County was formerly a part, and the
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riparian and littoral rights appurtenant to the upland owner in the
contiguous submerged lands to the south thereof in Tampa Bay, (and
other contiguous lands adjacent to the north of said Lots 10, 11
and 12), and,
WHEREAS, the City in connection with the construction of the
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'1'--, easements in 1963
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-q- <C;I~ sewer easement to the City for such purpose across property now
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~ ffi W belonging to the Owner, and
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~ ~ easements so granted and was across a portion of the land for which
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Clearwater East, South Interceptor Sewer Line obtained certain
purporting to grant a 15 foot wide permanent
WHEREAS, the said line when constructed was in portions of the
WHEREAS, the parties have been involved in certain litigation
regarding the City'S right to maintain a sewer line on the subject
properties belonging to Owner, such case being No. 91-16681-20 in
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FINELLAS COUNTY FLA.
OF~.REC.BK 8754 PG 1798
the Circuit Court of the Sixth Judicial Circuit in and for pinellas
County, Florida, and
WHEREAS, the parties entered into a Settlement Stipulation
dated March 26, 1992 and Amendment to Settlement Stipulation
settling the matters of dispute between them, and
WHEREAS, subsequent to the Settlement Stipulation the parties
have mutually agreed to a temporary access from Thornton Road in
order to accomplish repair to the existing line, said access point
and location on the Owner's property as reflected on that certain
boundary survey prepared by Lloveras, Baur & Stevens dated August
3, 1992 with an overlay plotted by NOVO dated May 5, 1994 attached
hereto as Exhibit "1", and
WHEREAS, the Owner wishes to grant to the City an easement
over portions of his property lying 7.5 feet on either side of the
existing sewer line which have not been previously conveyed to the
City by easements in 1963 so that the City will have an easement
over the entire course of the permanent sewer line as it now
traverses the Owner's property, and
WHEREAS, the Owner desires to convey to the City certain
temporary construction easements for the purpose of repair to the
line by means of a slip-in liner, and
WHEREAS, the temporary access route and the construction pits
(cross-hatched) are reflected on Exhibit "1" and such access is
further defined and regulated by a permit from the Department of
Environmental Protection of the State of Florida (the "Department")
being FDEP File No. 522419663 which permit was issued by the
Department to the City on May 6, 1994, and
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PINELLAS COUNTY FLA.
~FF.REC.BK 8754 PG 1799
WHEREAS, the parties desire to condition and restrict the
grant of easements and the use of the Owner's property as is
otherwise set forth herein;
NOW, THEREFORE,
For and in consideration of the mutual promises and covenants
herein made and agreed to be kept and in consideration of the
conveyances of real property interests herein and in consideration
of $1.00 and other good and valuable consideration, the sufficiency
of which is hereby acknowledged by the parties, the parties do
hereby agree as follows:
1. That the recitals set forth hereinabove are true and
accurate and are incorporated herein.
2. That the City of Clearwater has heretofore received
easements across the Owner's property as reflected on Exhibit "1"
and as follows:
A. Easement from Genevieve Thornton Parker and Frank
Parker, her husband to the City of Clearwater dated March 26, 1963
and recorded in O.R. Book 1649, page 642, Public Records of
Pinellas County, Florida.
B. Easement from Gladys C. Ford and Karl Ford, her
husband to the City of Clearwater dated May 4, 1963 and recorded
May 9, 1963 in O.R. Book 1675, page 302, Public Records of pinellas
County, Florida.
C ...... Easement from Rudolph Jacobson to the City of
Clearwater dated June 29, 1963 and recorded July 18, 1963 in O.R.
Book 1721, page 713, Public Records of Pinellas County, Florida.
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~PINELLAS COUNTY FLA.
OFJ.REC.BK 8754 PG 1800
D. Easement from The Trustees of the Internal
Improvement Fund of the State of Florida to the City of Clearwater
dated December 17, 1962 and recorded January 27, 1963 in O.R. Book
1599, page 218, Public Records of pinellas County, Florida.
3. That the OWner does hereby grant and convey unto the City
a perpetual easement for the preservation of, maintenance and
repair and improvement of the existing sanitary sewer line
presently installed therein, over, under and across the following
land lying and being situate in the City of Clearwater, County of
Pinellas, State of Florida, to-wit:
An easement 7.5 feet on either side of the centerline of
the existing sewer line presently traversing the Owner's
property, the said center line further described as
follows:
A part of Lots 10, 11 and 12, William Brown's Subdivision
of Bayview Florida, according to the plat thereof
recorded in Plat Book 1, page 13 of the Public Records of
Hillsborough County, Florida, of which pinellas County
was formerly a part, more particularly described as
follows: Commence at the East quarter corner of Section
17, Township 29 South, Range 16 East, pinellas County,
Florida; thence S. 89046' Ol"W., (bearing from the Pinellas
County coordinate system and basis of bearings for this
description) along the east-west centerline of said
Section 17, 1261.00 feet; thence S.00037'16"W., along the
northerly extension of the east boundary of said Lot 12,
458.44 feet to the northeast corner of said Lot 12;
thence S. 00037' 16"W., along the east boundary of said Lot
12, 541.96 feet to the Point of Beginning of the
centerline of a 15 foot wide Sanitary Sewer Easement;
thence S.69045'00"W., 21.90 feet; thence S.78029'00"W.,
297.82 feet; thence S.56039'40"W., 226.53 feet; thence
S.72019'30"W., 94.73 feet; thence S.11013'20"W., 9.28
feet; thence S.73001'30"W., 17.46 feet to a point on the
west boundary of said Lot 10, the Point of Ending of the
centerline of a 15 foot wide sanitary sewer easement,
said point being S.00037'16"W. of and 774.00 feet from
the northwest corner of said Lot 10.
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1 PINELLAS COUNTY FLA.
atF.REC.BK 8754 PG 1801
LESS any part thereof that contains sovereign submerged
lands and LESS any part thereof that is subject to a
previously existing easement to the City of Clearwater,
particularly the easement from Genevieve Thornton Parker
and Frank Parker, her husband to the City of Clearwater
dated March 29, 1963 and recorded in O.R. Book 1649, page
642; that easement from Gladys C. Ford and Karl Ford, her
husband to the City of Clearwater dated May 4, 1963 and
recorded May 9, 1963 in O.R. Book 1675, page 302, that
easement from Rudolph Jacobson to the City of Clearwater
dated June 29, 1963 and recorded July 18, 1963 in O.R.
Book 1721, page 713, and that easement from The Trustees
of the Internal Improvement Fund of the State of Florida
to the City of Clearwater dated December 17, 1962 and
recorded January 27, 1963 in O.R. Book 1599, page 218,
all above references to the public records of pinellas
County, Florida. The side lines of the easement are
prolonged or shortened to terminate at the property
lines.
4. The Owner does hereby grant and convey unto the City a
temporary construction easement for the repair of the existing
sanitary sewer line referred to in paragraph 3 above, over, under
and across the following land lying and being situate in the City
of Clearwater, County of Pinellas, State of Florida, to-wit:
A 30 foot temporary easement described as being 15 feet
on either side of the centerline of the existing sewer
line described in paragraph 3 above.
5. The permanent easement described in paragraph 3 above and
the temporary construction easement granted in paragraph 4 above
are subject to the following express covenants and limitations more
fully set forth hereunder now and in the future as to repair,
improvement
and maintenance of the said sewer line and there
shall, under no circumstances, be any right, privilege or implied
grant in such permanent easement or in such temporary construction
easement not specifically herein granted, to~wit:
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PINELLAS COUNTY FLA.
t~ . RE~. B~_~ 7~4___~_G--=~_O~_
A. The City shall have the right of ingress and egress
over and within the permanent easement, and temporary construction
easement, during its duration, for the purpose of inspection,
repair and improvement (pipe size not to be greater than 36") of
such sewer line from time to time and for no other purpose.
B. As to the temporary construction easement, the City
shall have full right of ingress and egress, over, along and across
the area of the temporary easement during the progress of
construction and until termination thereof, or one (1) year from
the date of this Agreement, whichever shall first occur, subject,
however, to all limitations, conditions or restrictions imposed by
the within Agreement, which grant shall be limited to the express
terms of the grant and shall carry no rights by implication.
C. That the sanitary sewer line existing on such
property as it now exists or may hereafter be altered or repaired
shall be maintained without cost to the property of the Owner which
said property is set forth on Exhibit "1" attached hereto under the
heading of "Property Description" (said property being referred to
herein as "Owner's property" or "Owner's contiguous property").
Sanitary sewer service charges shall only be chargeable to those
properties, or portions of the Owner's property thereof, actually
connected to and receiving sanitary sewer service.
D. The City's rights of ingress and egress to the above
described permanent easement and temporary construction easement
shall be limited to the easement area only; however, nothing herein
shall prevent the Owner, his heirs and assigns, from authorizing
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PlNELLAS COUNTY FLA.
pFF. REC. BK 8754 _ :G ~~_~~
the City in writing, to utilize other routes of entry, but the
grant of this easement shall in no way carry, by express terms or
by implication, any other rights of ingress or egress. The City
agrees that it shall not require the Owner, his heirs and assigns,
as a condition of a building permit, site plan or plat approval, to
grant any permanent route of ingress or egress to the above
described permanent easement.
The Owner, his heirs and assigns, specifically reserve
the right to cross and recross, pave, improve and otherwise deal
with the permanent easement area herein granted, provided, however,
that such usage by the Owner shall not unreasonably interfere with
or jeopardize the access, repair or safe operation of the sewer
line. The placement of a building on such permanent easement shall
not be allowed.
The reservation herein expressly includes the right of
the Owner, his heirs or assigns, to pave or otherwise utilize, if
he so desires, said easement areas as roads, streets, walkways,
decks, docks, piers and similar uses or for the purpose of the
installation of other utilities on the property or enjoyment of the
remaining properties of the Owner.
E. The City shall not fence or otherwise restrict the
access across the easemented area nor shall the City build any
manhole or other improvement that extends above the existing grade
of the property.
The City agrees that in anticipation of the
ul timate development of the Owner's contiguous property, the Owner,
his heirs or assigns, shall have the right to install additional
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PINELLAS COUNTY FLA.
OtF.REC.BK 8754 PG 1804
manholes at such intervals as may be desirable and consistent with
sound engineering practice, to permit the sewage facilities to be
available to the Owner's contiguous property in the course of the
Owner's development of his land, presently or in the future. The
Ci ty further represents to the Owner that the sewer line now
designed and currently being maintained, is of such character and
has been placed at such depth as to permit reasonable gravity flow
into such line.
F. In the use and enjoyment of the easements herein
granted, the City agrees to restore any damage done and to avoid
and refrain from doing any act or acts which would interfere with
the reasonable usage and enjoyment of the remaining properties of
the Owner, his heirs and assigns. This provision shall especially
extend to restoration of existing fences, trees, all plant life,
driveways, walkways, recreational equipment and restoration of the
normal drainage of the area whether caused during construction or
by the subsequent maintenance of the sewer line, all of which cost
shall be borne by the City.
G. The City agrees that no sewer lift stations or other
improvements will be built in the easement and all future
improvements will be constructed underground, it being acknowledged
by both parties that the views and vista from the contiguous
property of the Owner are of great value to such contiguous
property and that any sewer lift station or other above-ground
improvement would significantly deteriorate the value of the
Owner's remaining property.
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.PINELLAS COUNTY FLA.
OFf..REC.BK 8754 PG 1805
H. An independent Arborist will be jointly selected by
the Owner and the City and shall furnish specifications in writing
on the use of the easements by the City and other matters
appropriate to the preservation and safety of the oak trees and
other plant life existing on the property prior to any work being
done by the City in the easemented areas. Of particular concern to
the parties in the use of the permanent easement is the protection
and safety of the oak trees and other plant life living on the
south side of the property, fronting the waters of Old Tampa Bay.
Many oak trees are growing near the top of the bluff and the root
structure of the trees and other plant life provide protection from
erosion caused by the high waters from Tampa Bay. Accordingly, the
City will take every precaution to avoid damage to these trees and
other plant life. Any pruning, root protection or curative steps
to protect the health of the trees and plant life will be
identified by the Arborist in writing to the property Owner and the
City before any maintenance or construction occurs. Such pruning,
root protection and curative steps will be accomplished on a timely
basis.
The cost of the Arborist will be paid by the City.
A
letter of understanding, incorporating the specifications of the
independent Arborist, will be agreed to by both parties regarding
the above matters before any digging, excavation, maintenance
activities or any vehicles or construction equipment are allowed on
either the permanent easement or the temporary access route or
construction easement.
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PINELLAS COUNTY FLA.
_~~F.RE~.BK 8?54 PG 1806
I. The City will prepare a color audio/video tape of the
areas to be affected prior to the start of any maintenance or
construction activities and shall prepare such tape following
completion of the activity.
The City will notify the Owner not
less than ten (10) days in advance of the planned start of work in
any area and when and where the taping will occur. The tape will
be maintained by the Ci ty as a permanent record for use in
resolving any disputes over the adequacy of clean up and
restoration of the easemented or access areas.
The City will
provide a copy of such tape to the Owner at no cost to the Owner.
J. In determining the acceptability of the finished
condition of the grounds involved in this or any future project,
the independent Arborist jointly selected by the Owner and the City
will resolve any disagreement as to the acceptability
of any
remedial actions pertaining to, or replacement of, trees and plant
life. The cost of hiring the independent Arborist for the above
tasks shall be paid for by the City.
K. The City agrees that the following requirements will
govern clearing, excavation and restoration of the Owner's property
now and in the future for repair and maintenance of the interceptor
sewer and will be made part of any construction contract pertaining
to the OWner's property:
( 1 )
Final Cleaning Up.
Before the work is
considered complete, all rubbish and unused material due to or
connected with the construction must be removed and the premises
restored to its former condition. All private property disturbed
or damaged during the prosecution of the work shall be restored to
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t. PINELLAS COUNT.Y.. ....FLA..
OfF.REC.BK 8754 PG 1807
--" -.----- -- -----,--_. ----
a condition similar to its former condition.
(2 )
Safety.
The contractor shall furnish and
install all necessary temporary works for protection of the work
and the safety of the public and shall carryon his work in the
manner to avoid injury to the public or to the workmen.
(3) Protection of Adjacent Property and utilities.
The contractor shall conduct his work in such a manner as to avoid
damage to Owner's property and shall at the option of the Owner
immediately repair or pay for any damage incurred through his
operations; this provision shall be effective with particular
regard to oak trees and plant life presently growing on the upland
adjacent to the easements.
(4) Construction Procedure. Portions of the work
are being done along the waterfront of Tampa Bay. It shall be the
contractor's responsibility to preserve and protect all trees and
plant life or any improvements existing on the property at the time
of construction.
(5) Preservation of Property. In the easements and
the temporary letter license access agreement given to the City
across the private property of the Owner, all lawns and plant life
will be restored by replanting with plants equal to that existing
prior to construction.
The contractor shall cooperate in good
faith with the independent arborist in protecting existing plant
life.
The contractor shall be responsible for
protecting sprinkler systems, cables and/or other privately owned
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(INELLAS COUNTY FLA.
OF .REC.BK 8754 PG 1808
--- -------------------------- -- -----
buried and above ground improvements and shall repair or replace
damages caused by the construction activities of the contractor at
no cost to the Owner.
L. The City shall notify the Owner at least 24 hours in
advance of any construction or maintenance work, unless a greater
time is required herein, and the approximate time of commencement
and duration of such activities.
Provided, however, in an
emergency the City will provide notice as soon as possible.
M. Any work performed by the City or its contractor
shall not be considered completed until a release has been signed
by the independent arborist, said release not to be unreasonably
withheld.
6. The City herein covenants and agrees to save harmless and
indemnify the Owner herein from all loss or damage whatsoever
arising from either the repair of the sewer line facility or
subsequent usage and maintenance thereof, whether such claims be to
injuries to person or property or to the environment.
7. Contemporaneously with this grant of the permanent
easement and the temporary construction easement, the Owner will be
granting to the City a license agreement in letter form for access
to the easemented areas (said license for access to be over that
area identified as "Temporary Access Route" on Exhibit "1"), said
license to be of the same duration as the temporary construction
easement.
The parties acknowledge that the Owner's property has
many large "specimen" oak trees and other trees which are very
valuable to the Owner, both monetarily and aesthetically, and the
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_l PINELLAS COUNTY FLA.
OfF.REC.BK 8754 PG 1809
Owner has substantial concern, with the possibility of unnecessary
and permanent damage being occasioned to the surface areas and the
root systems of the trees on the Owner's property. This particular
land has a shallow subsurface clay pan, such that the existing
trees have a much shallower than normal root system, and great care
is required to avoid tree damage in moving heavy equipment and
materials over the Owner's land in the vicinity of said trees.
Accordingly, as a condition of the easements granted hereunder, and
as a condition to the contractor proceeding to move any material,
equipment or personnel over any part of the Owner's lands, the work
of the independent Arborist will have been accomplished and the
parties will have agreed on the protective or remedial work that
will be accomplished for the protection of these trees.
These
conditions shall be in writing and shall be agreed to by the Owner
and City before any maintenance or construction work is commenced
in the temporary or permanent easement.
This condition is a
substantial part of this Agreement and a condition of the easements
granted hereunder.
The City will pay the entire cost of the
independent Arborist.
8. In the event that any provision of this Agreement or any
condition placed on the use of the easements granted hereunder is
found by a court of competent jurisdiction to be invalid for any
reason, all other provisions of this Agreement and the easement
shall remain in full force and effect.
All portions of this
Agreement shall be deemed severable for such purpose.
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PINELLAS COUNTY FLA.
~~tF.REC.BK 8754 !G 181?
9. The City will perform the obligations set forth in the
Settlement Stipulation between the parties above referred to dated
March 26, 1992 as a further consideration for the grant of the
within easements.
This Agreement shall be deemed to be an
agreement fulfilling all of the conditions set forth in paragraph
23 of the said Settlement Stipulation except that it shall be not
necessary for this Agreement to be recorded as an exhibit to an
amended final judgment.
IN WITNESS WHEREOF, the parties have
for
expressed this
these presence
By:
City of Clearw~'!;~r,~,Florida
A municipal ~rpo.rat~on
.., "'".: \.'\ 'v ~.. '1 I
By ~~.;; 0',
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Attest: ~<2: /J,; "2.__
lty:cle.t:k" ,-' -
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By:
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STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this
13+~ day of August, 1994 by ALLAH J. STOWELL, a single man, who
is personally known to me or who has produced
____________________~~~_______________________ as
identification and who didfdid not take an oath.
OFFICIAL NOTARY SEAL
MELISSA H NELSON
NOTARY PUBLIC STATE OF FLORIDA
COMMlS.c;IO~ NO. CCQ67130
MY COM\ftI<;,SION EXP, 1\;OV, 28,1994
~\~~
Notary Publ~LState of Florida
Print Name: G ., '\e \ i ~.3c-\-J ("\'2 \~4"'\
My Commission Expires:
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I PINELLAS COUNTY FLA.
OF.REC.BK 8754 PG 1811
. .
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~
day of August, 1994 by E/7.A~c7?l /Y. De,.o7Z(h/-1 , as City
Manager, attested by (7v7//1 E Gtl~bE;4C-l , as City Clerk,
and countersigned by / T79 CP4A2vlE. y as Mayor-
Commissioner of the City of Clearwater, Florida, a Florida
Mun'. Cor oration, on behalf of the corporation each of whom is
ersonally know' 0 me or who have produced ~
as identification and who did/ id no
take an oath. t
/2
Notary
Print
My Commission Expires:
"~"~~".AV KATHRYN DIANA
~~. , _a Ext'lRES
l~iJ." \ U" ""u.J1SS!ON II CC "".,91. -
'"'.. .*. "" \l\,iR'WU
; : :~i September 21. 1996
~~...... 'i IlOIIIlSllllllJ TNlY FAIN 1NS\JAAN'"..i,INC,
'Rf..~
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