FLORIDA GAS TRANSMISSION COMPANY (2)Instrument Prepared By and Return To:
Paulette Trepl
Right of Way Department
Florida Gas Transmission Company
1410 Tech Blvd.
Tampa, Florida 33619
Grantee:
Florida Gas Transmission Company
5444 Westheimer Road
Houston, Texas 77056
Parcel I. D. No. 08-29-16-00000-230-0300
TRACT NO. FLBVA-PINE-016.1WS
TEMPORARY CONSTRUCTION EASEMENT
STATE OF FLORIDA )(
)( KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF PINELLAS )(
THAT the Undersigned, City of Clearwater, a municipal corporation of the State
of Florida, hereinafter referred to as the "Grantor," being the owner of that certain
tract of land situated in the County of Pinellas, State of Florida and more
particularly described in Exhibit "A" and depicted in Exhibit "A-1" attached hereto,
hereinafter referred to as the "Lands", for and in consideration of the sum of Ten
Dollars ($10.00), and other good and valuable consideration as established in
that transmittal dated March 14, 2007, to be paid by FLORIDA GAS
TRANSMISSION COMPANY, a Delaware corporation, hereinafter referred to as
"Grantee", prior to the delivery hereof, the sufficiency of which is hereby
acknowledged, has GRANTED, SOLD and CONVEYED, and does hereby
GRANT, SELL and CONVEY to Grantee, its successors and assigns, the non-
exclusive right, privilege and easement to utilize the Lands as described and
depicted herein for the purpose of temporary working space during the initial
construction and installation and replacement of a natural gas pipeline to be
constructed and installed in accordance with plans and specifications of
Grantee's project entitled "Replacement of 12-inch St. Petersburg Lateral",
Docket No. CP06-429-000 ("Project"), hereinafter referred to as the
"Construction Easement".
TEMORARY CONSTRUCTION EASEMENT - 1 -
For the same consideration, Grantor and Grantee further agree with respect to
the Construction Easement that:
(a) The rights herein granted shall include the right of ingress to, and egress
from, and access on and along the Lands, with the right to use existing roads. If
no such roads exist then by such route or routes as shall occasion the least
practicable damage and inconvenience to Grantor.
(b) Grantee will pay for any damages to the growing crops, grasses, trees,
shrubbery, unrepaired water courses, water impoundments, fences, and all other
property and infrastructure of Grantor caused by the construction, installation
and replacement of Grantee's natural gas pipeline and the exercise of the rights
granted herein.
(c) Grantee will restore the surface of all disturbed areas on the Lands to its
original contour as nearly as practicable, the damage to which shall have been
occasioned by Grantee's construction, installation and replacement of the natural
gas pipeline on the lands and the exercise of the rights granted herein.
(d) Grantee may displace any gopher tortoises found within the Construction
Easement to another location on the Lands, or the gopher tortoises may be
displaced off-site (e.g., to a temporary holding pen), and returned as near to their
original location as practicable after construction is completed, in accordance
with applicable law. Grantee shall secure any permits required for the relocation
or other handling of said gopher tortoises.
(e) The rights of Grantee under the provisions of this instrument may be
assigned in whole or in part. Any assignee shall be subject to, and fully liable for
all terms and conditions of the Agreement.
(f) Grantor represents that easement to utilize the Lands shall commence on
October 15, 2008 and terminate on August 15, 2009, or upon project completion,
whichever shall occur sooner.
(g) Grantor does hereby fully warrant the title to the Lands and will defend the
same against the lawful claims and demands of all persons whomsoever.
(h) Exhibit "A" and Exhibit "A-1" are attached hereto and by this reference are
made a part hereof for all purposes.
(i) Grantee covenants and agrees with Grantor that Grantee shall at all times
during the exercise of rights herein conveyed, fully comply with and fulfill the
requirements described in the Perpetual Gas Transmission Pipeline Easement
("Perpetual Easement") Grantor conveyed of even date herewith to maintain safe
and reasonable public access and transit for all pedestrian and non-motorized
vehicular use of Grantor's Ream Wilson Clearwater Trail as same may be
TEMORARY CONSTRUCTION EASEMENT -2-
constructed within any portions of the herein described lands or the Perpetual
Easement. Public access and transit may be limited or interrupted for project
purposes for a total of twenty-one (21) days during the term hereof as more
specifically provided in the Perpetual Easement.
Q) Grantee further covenants and agrees that Grantee shall hold harmless
and indemnify Grantor against all claims, liabilities, expenses and losses arising
out of or related to this grant of easement, including but not being limited to (a)
failure by Grantee, or its agents, to perform any provision, term, covenant or
agreement required to be performed by Grantee in consideration of this grant of
temporary easement; (b) any occurrence of injury, damage or death to persons,
including third parties, and personal or real property, including any and all of
Grantor's utility infrastructure as same may be constructed within the Lands or its
appurtenances, and as same may be lawfully constructed within, upon and under
lands within which Grantor and Grantee utility infrastructure may be collocated
throughout the Project limits; (c) failure to comply with any requirements of any
governmental authority, bonding or insuring company; (d) any security
agreement, conditional bill of sale, chattel mortgage, mechanics liens connected
with Grantee's activities and operations undertaken pursuant to this temporary
easement grant; and (e) any and all improvements, their construction, alteration,
maintenance, repair, replacement with and through the easement premises and
throughout the Project limits. Such covenants to hold harmless and indemnify
Grantor shall include reasonable attorneys fees for all proceedings, trials and
appeals as may result from Grantee default. Nothing herein shall be construed
as consent by Grantor to be sued by third parties or as a waiver of Sovereign
Immunity or the terms and limitations of 768.28, Florida Statutes or other
applicable law.
(k) This instrument incorporates and describes all of the grants, undertakings,
conditions and consideration of the parties. Grantor, in executing and delivering
this instrument, represents that Grantor has not relied upon any promises,
inducements or representations of Grantee or its agents or employees, except as
are set forth herein.
This instrument and the benefits and obligations herein contained shall inure to
the benefit of and be binding and obligatory upon Grantor and the successors
and assigns of Grantor and upon Grantee and the successors and assigns of
Grantee.
TO HAVE AND TO HOLD unto Grantee, it successors and assigns, together
with the right of ingress to and egress from the Perpetual Gas Transmission
Pipeline Easement and adjacent easements of Grantee for the purpose of
constructing and installing the pipeline and appurtenances thereto in accordance
with Project plans and specifications.
DATED THIS .2/ day of 6GG4m 2008.
TEMORARY CONSTRUCTION EASEMENT -3-
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
k V. Hibbard, Mayor William B. Horne, II, City Manager
App oved as to rm: Attest:
r
,-A-wa, Laura Lipowski Cynth' Fr U' City Clerk
Assistant City Attorney ?
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STATE OF FLORIDA
COUNTY OF PINELLAS) Kini?ea
T e foregoing instrument was acknowledged before me this e" day of
2008 by Frank V. Hibbard, Mayor of the City of Clearwater, who
is ,personally known to me.
V, km I
My commission expires:
Notary Public - State of Florida
I/?fq?ar3r?
Print/Type Name
STATE OF FLORIDA
COUNTY OF PINELLAS
?Azng instrument was acknowledged
2008 by William B. Horne,
Clearwater, who is personally known to me.
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(407) 398.01s16 _ ; •. aom
before me this / 7 u' day of
II, City Manager of the City of
My commission expires:
Notary Public - State of Florida
Print/Type Name
,p'I, DIANE E MANNI
,? As MY COMMISSION # DD526033
OFFoa EXPIRES: Mar. 6,2010
(407) 390-0153 Flodda Notary Servica.com
TEMORARY CONSTRUCTION EASEMENT - 4 -
EXHIBIT "A"
Attached to and made a part of that certain
TEMPORARY CONSTRUCTION EASEMENT dated August 6, 2007
Conveyed by the CITY OF CLEARWATER, as Grantor,
to FLORIDA GAS TRANSMISSION COMPANY, as Grantee
DESCRIPTION OF LANDS
PARCELS OF LAND SITUATED IN THE WEST Y2 OF SECTION 8, TOWNSHIP
29 SOUTH, RANGE 16 EAST, PINELLS COUNTY, FLORIDA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Temporary Construction Easement #1
Commencing at the Northwest corner of said Section 8; thence SO0°52'48"W,
along the westerly boundary of the Northwest'/4 of said Section 8, a distance of
2369.38 feet; thence leaving said West boundary S89°07'12"E, a distance of
129.99 feet to the East right-of-way line of U. S. Highway 19 and the POINT OF
BEGINNING; thence S02°50'42"W, a distance of 142.41 feet; thence
S02°37'33"W, a distance of 15.15 feet; thence N89°07'12"W, a distance of 8.79
feet to the aforementioned East right-of-way of U. S. Highway 19; thence
N00°52'50"E along said right-of-way, a distance of 157.25 feet to the POINT OF
BEGINNING.
Containing 793 square feet or 0.02 acres, more or less.
Temporary Construction Easement #2
Commencing at the Northwest corner of said Section 8; thence S00°52'48"W,
along the westerly boundary of the Northwest '/4 of said Section 8, a distance of
2369.38 feet; thence leaving said West boundary S89°07'12"E, a distance of
120.00 feet to the East right-of-way line of U. S. Highway 19, and the POINT OF
BEGINNING; thence N00°52'52"E, along said East right-of-way, a distance of
9.12 feet; thence leaving said East right-of-way S81 °05'39"E, a distance of 19.34
feet; thence S13°28'58"E, a distance of 41.37 feet; thence S88°48'33"E, a
distance of 69.75 feet; thence S00°52'50"W, a distance of 122.96 feet; thence
N89°05'59"W, a distance of 80.40 feet; thence N02°37'33"E, a distance of 15.32
feet; thence N02°50'42"W, a distance of 141.99 feet; thence N89°07'12"W, a
distance of 10.00 feet to the POINT OF BEGINNING.
Containing 10,853 square feet or 0.25 acres, more or less.
TEMORARY CONSTRUCTION EASEMENT -5-
EXHIBIT 99A-1 "
THIS IS NOT A SURVEYH
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N89ro7'12•w
8.79'
TEMPORARY CONSTRUCTION EASEMENTS #1 AND #2
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