FLORIDA POWER CORPORATION (10)
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I INST t 92-153463
MAY 27, 1992 6:51PM
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ORIGINAL
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CL-217 1114192
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__PINELLAS COUNTY FLA.
O~~.REC.BK 7920 PG 2087
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, Made this 11th day of February 1992, between FLORIDA
POWER CORPORATION, a corporation of the State of Florida, whose mailing address is P.O. Box 14042,St.
Petersburg, Florida 33733, "GRANTOR" herein, and CITY OF CLEARWATER, FLORIDA, a municipal
corproation of the State of Florida, P.o. Box 4748, Clearwater, Florida 34618-4748,"GRANTEE" herein;
WITNESSETH: That the said GRANTOR, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations, in hand paid by the GRANTEE, the receipt of which is hereby
acknowledged, and in consideration of the conditions and covenants herein contained, does hereby grant unto
GRANTEE an easement and right-of-way for the sole purpose of constructing and maintaining a 26-foot wide
bicycle path easement area (sometimes hereinafter collectively referred to as "improvements") within the following
descrihed Easement Area in the County of Pinellas and State of Florida, to wit:
C4~j,Q~M.. A 26-foot wide Bicycle Path Easement Area lying southerly
RB[)6. Ci,]~. of and contiguous with the existing 34-foot wide Access Road
~ Easement Area (O.R. Book 6511, Page 1103) across
IN-T -- GRANTOR's fee-owned 225-foot wide transmission corridor
fEES - traversing a north/south course through the NE 114 of SE 114
Mil" - of Section 7, Township 29 South, Range 16 East, said 26-foot
PIC - wide Easement Area more particularly depicted on sketch
RIW - attached hereto as Exhibit "A" and by this reference
rE: ~.. incorporated herein and made a part hereof.
TOTA~;6
, GRANTEE shall have the right to inspect, repair and/or replace said improvements, together
WIth all rights and privileges reasonably necessary or convenient for the enjoyment or use thereof for the purposes
herein described, subject, however, to the following terms and conditions to which GRANTEE expressly agrees:
A. That GRANTOR expressly reserves unto itself, its successors, lessees and assigns, the continued
right to occupy and utilize the said Easement Area in any manner not inconsistent with GRANTEE's facilities.
B. That any costs, attorney's fees or expenses incurred by GRANTOR in construing or enforcing
this Easement Agreement shall be borne by the GRANTEE.
C. That in the event GRANTEE should remove or abandon said improvements, then the rights
and privileges herein shall cease and terminate and the Easement Area shall revert to GRANTOR in its entirety.
D. That all of GRANTEE's operations, activities and equipment used within the Easement Area
beneath or in proximity to any of GRANTOR's electric facilities shall, at all times, be in strict compliance with
applicable provisions of the National Electrical Safety Code (NESC) and the Occupational Safety and Health Act
of 1971 (OSHA). GRANTEE is further notified and hereby agrees to so notify any of GRANTEE's employees,
agents, contractors, representatives or other persons engaging in GRANTEE's activities upon said Easement Area
with GRANTEE's knowledge and under GRANTEE's supervision or control, that extreme caution is necessary
around all of GRANTOR's electrical facilities, supporting structures, anchor guys or related appurtenances, and in
the event of any damages or injuries, GRANTEE shall immediately report the nature and extent thereof to
GRANTOR's nearest local office. GRANTEE further notes specifications pertaining to necessary precautions and
requirements within GRANTOR's right-of-way strip. Said specifications attached hereto and marked Exhibit "B".
DocumentBry Tax Pd. e
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R':TURN TO'
~ CITY CLERK
i I t POST OFFiCE BOX 4748
~3 CLEARWATER, FL 34618-4748
1.'t....m..EEN F. DEBLAKER '.h~.mE:IRt<
RECORD VERIFIED BY~~
Karleen F, De Blaker, Clerk, Pinellas County
If/-Of:":
,
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Sy ~_c ,.. ._.._~__ Deputy CI..r~
.::. .', ~.' 1'hat- the validiJ of this Agreement is contingent upon its bfng properly executed on behalf of 0
GRANTEE to signify GRANTEE's acceptance of and agreement to abide by _ he terms and conditions set forth
herein. Failure of GRANTEE to sign this Agreement and return the marked copy to FPC within 30 days from the
date of the Ag~eemenrshall automatically render the Agreement null and void.
F. That GRANTOR's consent to GRANTEE's use of the Easement Area is limited. Such
conditional and restricted consent creates privileges in the GRANTEE to use the Easement Area only insofar as
compliance with the conditions herein is continued.
G. That the validity of this Agreement is contingent upon GRANTEE first obtaining proper zoning,
authority, approval and/or permit from the appropriate governmental body or public agency having jurisdiction over
such utilization at this location. If such zoning, authority, approval and/or permit is not secured, this Agreement
will be considered null and void.
H. That GRANTOR shall not be liable for any damages to GRANTEE's utilization howsoever
resulting from GRANTOR's continued use and occupancy of the Easement Area; GRANTOR, however, shall not
willfully cause undue damage to GRANTEE's utilization.
1. That GRANTOR's Transmission Rights-of-Way Inspector (i.e., Mr. Terry Whitecar or his
designated alternate, telephone 813/866-5109, St. Petersburg) shall be notified by GRANTEE at least 48 hours prior
to GRANTEE's commencing initial activities within the Easement Area.
J. That GRANTEE shall be responsible for clean up of any and all spills that may occur within
GRANTOR's right-of-way strip. Such spills must be reported to GRANTOR immediately.
K. That a free and easily passable twenty foot (20') wide accessway be retained along the length
of the right-of-way strip and to all transmission structures for use by GRANTOR for emergency access and for
normal maintenance and patrol purposes.
L. That GRANTEE shall not use a dragline or cable type crane within GRANTOR's Easement
Area.
M. That GRANTEE shall adhere to provisions in NESC regarding clearances between ground level
and electric conductors. Ground elevation must not be increased more than two feet (2').
N, That if the utilization area is fenced GRANTEE shall install a sixteen foot (16') gate in the
fence making that portion of the right-of-way strip accessible. Gate should have a lock installed by GRANTOR.
O. That GRANTEE shall assume the sole duty, responsibility and obligation of mowing and
otherwise maintaining the surface of the portion of the Easement Area in a condition at least as good as the
surrounding area.
P. That the entire disturbed area within the Easement Area, including GRANTOR's patrol road
shall be restored by GRANTEE to a condition at least as good as that which existed prior to construction.
Q. That upon completion of operations, GRANTEE shall notify GRANTOR's Transmission Rights-
of- Way Inspector heretofore mentioned in above Paragraph I for inspection of the Easement Area.
R. That GRANTEE shall furnish GRANTOR with a set of as built drawings within thirty days of
final construction.
S. That nothing contained in this grant of easement or contemplated is intended to or shall increase
GRANTOR's liability for personal injury or death or for any property damage, and it is hereby expressly understood
and agreed by the GRANTEE (a) that GRANTOR does not assume any such additional liability, (b) that liability
arising out of the use and occupancy of the Easement Area by GRANTEE, and GRANTEE's employees, agents,
contractors, or any representative, is hereby assumed by GRANTEE and shall be at the sole and exclusive risk of
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, GRA,"lTEE, (~) that GRANTEE slall answer and satisfy to GRANTOR's satis.action any and all complaints, (d)
that GRANTEE shall to the. extent of Section 768,28, Florida Statutes, protect, dlfend, hold harmless and indemnify
GRANTOR from and against any and all actions, claims, damages and/or loss, including costs and attorney's fees,
occasioned by o~ growing out of any actual or claimed usage or condition of the Easement Area arising in any
manner whatsoever, directly or indirectly by reason of this grant of casement to GRANTEE for the use and
occupancy of GRANTOR's premises by GRANTEE, its employees, agents, contractors or any representative, and
(e) that GRANTEE covenants not to interfere with GRANTOR's facilities in any manner whatsoever and shall fully
indemnify GRANTOR from any and all losses as in Section "(d)" above resulting from such interference.
T, That upon GRANTEE's breach of any condition contained herein, this Easement Agreement after
written notification by GRANTOR to GRANTEE of such breach, and upon failure of GRANTEE to remedy or
remove such breach within a period of 5 working days after receipt of such written notification, shall become null
and void and all grants and rights contained herein shall thereupon immediately terminate and revert to the
GRANTOR in absolute, it being expressly understood and agreed that the GRANTEE shall be liable for any and
all losses as mentioned in Paragraph "S" above occurring up to the effective date of such termination. GRANTEE
further covenants to reimburse GRANTOR for any monies expended before or after termination by GRANTOR
to return the Easement Area to its original condition.
U. That this Agreement is personal to GRANTEE and shall not be assigned or transferred in whole
or in part without the express written consent of GRANTOR.
IN WITNESS WHEREOF, the aforesaid Parties have caused these presents to be signed in their
respective names by their proper officers thereunto duly authorized and their respective corporate seals -to be
hereunto affixed and attested, all as of the day and year first above written,
Signed, sealed and delivered
in the presence of:
FLORIDA POWER CORPORATION
(as GRANT R)
~'~~Kflil~
18m H. VanDeBogart
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Bobbie J. F .
P.O. Box 14042
St. Petersburg,FL
33711
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Attest:
Signed, sealed and delivered
in the presence of:
CITY OF CLEARWATER, FLORIDA
(as RANTEE)
By
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C\ ~~ C ;j~. [) n '.~~<;~~.>C"'''' ",:",'
---=trCity Clerk _' ,"- __;,~,
Cynthia E. Go~au:":1
Approved as to form
and correctness:
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JJ!I.L
M. A. Galbra't
City Attorne
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State of FLORIDA )
)ss
County of PINELLAS )
The foregoing
February
Kathleen M. Haley
corporation, on behalf
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Easement was acknowledged before me this 11th day of,
19 92, by Philip C. Henry as Vice President and by
as Assistant Secretary, respectively of FLORIDA POWER CORPORATION, a Florida
of the Corporation, who are personally known to me or who have produced
as identification and who bid/did not take an oath.
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1,~~~'..'f'&!..~!:~t1 DENNING R. ANDREWS
~,:,\ !.:i MY COrvr.Mi.~S!ON If M 6016:LJ4
-,c. ,.,., '.''H XP Sept ber6, '''''2
I ."':~: f.;\.Ci':.:o E lRES: em A7::t
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(SEAL)
STATE OF F /0, / do..
COUNTY OF Pill ej LA S
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Name: D-€J1 [3 R. A-ndr"'i'w-S
Notary Public
Serial Number: A A (POI (p 9 Cj
My Commission Expires: SR 1'" (.., 19lf L
The foregoing Easement was acknowledged pefore me this /3 fh. day of
~ ,19 qJ ,by f\\ic:lta.e./ Wr!fll1t asCityManager,and C~(I+ltic... c. Gou.deCl.t-t.
as City Clerk who is personally known to me or who has produced N /A as identification and
who ~/did not .\~aB"Ij~h.
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= -- : MY COMM EXPIRES; :
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::. ~ SEPT~BER 5, 1995 = _
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(SEAL) ~ i-..f; U B l \~.:~~ .f
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Notary Public
Serial Number: N/A
My Commission Expires: "Sepf.5J IqqS
Page 4 of 4 Pages
PINELLAS COUNTY FLA.
OFF.REC.BK 7920 PG 2091
PINElLA, COUN1Y
? E CT. 7, T - 25- 7, R - \ 6- E.
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---ft>-- - EtGE. OF F.p-c. (FE.E-o\vI-JeD) R/\V
~-- <b OF F.RC.. "~I-J~. LIWe.
t e ~ OF S. h.._ OIL PIPELIl-JE.
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(r F.P.C.(FEE-o.JNED) R/\V
C04CH/AA.N ROAD
'3'3. x.<DO" R.C.P.
(El<15T'~)
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for increasing existing easement from 34' to 60' bicycle path
1.
That other than GRANTOR's facilities, no overhead wires, poles, light standards, dumpsters, signs, trees,
buildings, structures or obstacles shall be located, constructed or installed within the Easement Area without
written approval by GRANTOR.
2.
That any shrubbery planted by GRANTEE within the Easement Area shall be of a variety not exceeding 12'
in height at maturity,
3.
That any and all piping and/or culverts installed by GRANTEE within the Easement Area shall have
sufficient earth cover to prevent breakage due to the operation of GRANTOR's vehicles and heavy
equipment within the right-of-way.
4.
That no below ground grade drainage or facilities be installed by GRANTEE within the Easement Area
without GRANTOR's review and written approval.
5. That GRANTEE agrees that no refueling operations take place within the right-of-way.
6. That no parking or storage shall occur under or near GRANTOR'S facilities.
7. That GRANTEE agrees to furnish and install permanent markers showing the location of the underground
facilities within the Easement Area. Said markers shall be GRANTEE's responsibility at all times.
8. That GRANTEE shall notify GRANTOR's Supervisor of Transmission Underground (i.e., Charles A Nuttall
or his designated alternate, telephone 8131866-5729, S1. Petersburg) at least 48 hours prior to APPLICANTs
performing any excavation within the Easement Area in order that FPC may arrange for an authorized
representative to be on site to assist in establishing the existing location of FPC's underground fuel oil
pipeline and to observe all excavation activities in proximity to said pipeline within GRANTOR's easement
strip.
9. That GRANTEE shall make special note of Guidelines involving GRANTOR's oil pipeline attached as Pages
2 of 3 and 3 of 3 of Exhibit "B", by this reference incorporated herein and made a part hereof, and
GRANTEE shall comply fully with said Guidelines.
10. That GRANTEE's bicycle path design shall be located as shown on drawing #bpath2 Sheet 2 of 5 as
submitted by Chris Focsan of City of Clearwater to prevent contlict with the underground fuel oil pipeline.
EXHIBIT "B"
Page 1 of 3 Pages
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Guidelines for'construction crossina of the 8artow-to-Anclote ~l Line
The Florida Power Corporation Bartow-to-^nclote thermal insulated oil
transport line has been installed and is operated in compliance with
Title 49-Part 195 Federal D.O.T. - Transportation of Liquids by
Pipeline.
1. Buried Structures - CrossinR Situations
The minimum clearances required for crossing situations of the BIA
oil line and proposed other lines or structures followsl
a. Haintain 12 inches of clearance between the oil line and other
pipes or structures being buried and crossing the line.
b. When 12 inches of clearance i. not practical, provi.ions can
be negoUated with Florida Power Corp. for a substitution of
the .oil barrier with an ap~roved barrier.
2. HinimumSoil Cover over B/A oil line
The minimum loil cover requirement. at any location alonl thh
Bartow-to-Anc1ote oU pipe line has been established to be 48
inches, as ref.renced from top of the pipe to'around level, road
bed, river bottom, drlin dltch bottom, etc. Any varllnce in this
_inimum protective .oil cover must be nelotiated with the Florida
Power Corp. for substitute, protective, equivalent approved con-
crete structure Drlwina IA-S-34-A-1.
3. Plrallelinl - Buried Structure.
Theie an two .tandarda of acceptability for paull.Una litua.
tlona,
a. Florida Power Corp. R/v, easements Ind other controlled Ireal.
1. All paull.Una of buried .tructure. Ind other pipe. to
the alA oil line mu.t maintain a .inimum of thr.. (3) feet
.urface to .urfac. clearance.
b. All parallelina .ituation. out.ide the control of the Florida
Pover Corp. .hould r.que.t the .lni~ three (3) fe.t .urfac.
to .urfac. cl..ranc.. Hinimum acceptable i. on. (1) foot lur-
fac. to lurfac., providinl adeqult. provllion. an made for
corro.ion control.
iI. Roadway.
Roadway. O'I,r the oil pipeUne mu.t be cued and vented from R-O-W
Un. to R-O-V lin.. Driveway. which cln be closed to aUow for
maintenance on the pipelin. will not normally be required to pro-
vide cIsinl, but will be required to comply with item 2 above.
Not.. Actual ea.ina requirement. vi11 b. determined by condition.
at location of the cro..inl.
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C. A. Nuttall EXHIBIT "B"
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CONCRETe PIPGllNE
coveR S'A8S 'on" .__~~~ _ '
PROJECT 8ARrOJI'-,,/N((.ore PIPEliNE
o I &In ~t/ ..n (I 'LO"IDA POWER CORPORATION
110. OAf .1.,1110. I., ca. "'" If. ."..."", ,u"..
OA TI~!1f {lcAU_W.lll.__IY_.e~Lca.n\.4~J_ DRAWl NO NO. A -S J4 ~II ~ ,
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EXHIBIT "B"
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