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FLORIDA POWER CORPORATION , . . ' - . I 1 S-94-14 1/26/95 JLR ORIGINAL EASEMENT AGREEMENT TIllS EASEMENT AGREEMENT, Made this 20th day of February , 1995, 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,P.O. Box 4748, Clearwater, Florida 34618-4748, "GRANTEE" herein; WITNESSETH: That the said GRANTOR, for and in consideration of the sum of ($1.00) 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, utilizing and maintaining a pipe from a raw water main from well site north to Stag Run Boulevard and to place a permanent water well and monitor well, (sometimes hereinafter collectively referred to as "improvements") within the following described Easement Area and as depicted on sketched hereto attached as Exhibit" A" in the County of Pinellas and State of Florida, to wit: 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 of litigation incurred by GRANTOR in construing or enforcing this Easement Agreement shall be borne by the non-prevailing party. 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 I i ,~!i' L,L, I I, <; 1.,"n~"'.'OO_~'J.~j ~..':rMJ";';T;"". 1 ,I)". . i' ',' ~ ~ 4 ~ ,l 1:.._ M..nJ (3) / ,,/.. r 'il'"'; -/../ ~" /1./ L., l' " , ' . 1 1 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 premises. Said specifications attached hereto and marked Exhibit "B". E. That the validity of this Agreement is contingent upon its being properly executed on behalf of GRANTEE to signify GRANTEE's acceptance of and agreement to abide by the tenns 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 Agreement shall automatically render the Agreement null and void. F. That GRANTOR's consent to GRANTEE's use ofthe 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. I. 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 comply with all federal, state and local laws, rules and regulations in respect to the use of the Easement Area. GRANTEE shall not store, dispose of, treat or generate any hazardous waste or hazardous substance on the Easement Area. GRANTEE shall not use any hazardous substance on the Easement Area without the express advance written approval from GRANTOR. Approval from GRANTOR shall be solely at the GRANTOR's discretion. The terms "hazardous waste" or "hazardous substance" shall be as defmed in 40 C.F.R. Part 261 and in 40 C.F.R. Part 300. Failure to comply with this Paragraph "J" shall be cause for immediate cancellation of this Easement Agreement and GRANTEE expressly agrees to be liable to GRANTOR pursuant to Paragraph "R(e)" for any violation of this Paragraph "J". K. That GRANTEE shall not use a dragline or cable type crane within GRANTOR's Easement Area. Page 2 of 4 Pages ?"- -----.,-'~._.~~.-.~~ ~ I ~'-., .;'~ ;:-.. L ~ , . ~: \ ~ ~ ,,' u .'_-~.'_, - ,...._..! ~..'...-ftbPJ.. ...'.,::-,i:"!l ~.~,;;~~'~.c. , ( ~ L ,_~_J , ' , I 1 L. 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'). M. That if the utilization area is fenced GRANTEE shall install a sixteen foot (16') wide gate in the fence making that portion of the right-of-way strip accessible. Gate should have a lock installed by GRANTOR. N. 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. O. 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. P. 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. Q. That GRANTEE shall furnish GRANTOR with a set of as built drawings within thirty days of fmal construction. R. That GRANTEE hereby expressly understands, covenants and agrees (a) that nothing contained in this Easement Agreement or contemplated is intended to or shall increase GRANTOR's liability for personal injury or death or for any property damage, (b) that GRANTOR does not assume any such additional liability, (c) that liability arising out of the utilization and occupancy of the Easement Area by GRANTEE and GRANTEE's employees, agents, contractors, invitees or any representative, is hereby assumed by GRANTEE and shall be at the sole and exclusive risk of GRANTEE, (d) that GRANTEE shall answer and satisfy to GRANTOR's satisfaction any and all complaints relative to GRANTEE's utilization of the Easement Area, (e) that GRANTEE shall to the extent of Section 768.28, Florida Statutes, protect, defend, hold harmless and indemnify GRANTOR from and against any and all actions, claims, damages and/or loss, including, but not limited to, actions or claims from GRANTEE's employees, contractors, or subcontractors, and including, but not limited to, claims for remediation, damages or fmes from governmental entities, which may be assessed now or in the future, together with any costs and attorneys' fees occasioned by or 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 Easement Agreement for GRANTEE's utilization thereof, and (t) that GRANTEE covenants not to interfere with GRANTOR's existing and future high voltage electric transmission lines and related facilities in any manner whatsoever and shall fully indemnify GRANTOR from any and all losses as in Section "(e)" above resulting from such interference. Page 3 of 4 Pages fatJ.. '" , ...,.,__ ,i . , ,~ I 1 , S. 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 "R" above occurring up to the effective date of such tennination. GRANTEE further covenants to reimburse GRANTOR for any monies expended before or after tennination by GRANTOR to return the Easement Area to its original condition. T. 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, tbe 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 afftxed and attested, all as of the day and year ftrst above written. WITNESSES: FLORIDA POWER CO (as G ) WITNESSES : ----' CITY OF CLEARW A (as GRANTEE) By $M~~:' Approved as to fonn: ~1- &. :~.. City Clerk - - . _ _ _ , . ~(J City Attorney Page 4 of 4 Pages !"'.- '.~..,' , " .,: qt~~"MJ' -'~':T:Ci ~ ' ~ ,..... ...._...._1 '... 1 1 WATER EASEMENT DESCRIPTION A water easement lying within a certain segment of the Florida Power Right-of-Way that is recorded in O.R. Book 1466, Pages 156- 158 of the Public Records of pinellas County, Florida. Being more particularly described as follows: Commence at the SW corner of W. 1/2 of E. 1/2 of NE. 1/4 of section 7, Township 29S., Range 16E., Pinellas county, Florida, and run thence N 00030'40" E along the west boundary of the W. 1/2 of E. 1/2 of NE. 1/4 for 1454.97 feet to the POINT OF BEGINNING; continue thence N 00030'40" E along said west boundary of the W. 1/2 of E. 1/2 of NE. 1/4 (also a portion of which is the east boundary line of Coachman Ridge Tract A-1 as recorded in Plat Book 83, Pages 62-64 of said Public Records) 1207.10 feet to the NW. corner of W. 1/2 of E. 1/2 of NE. 1/4 of section 7, Township 29S., Range 16E.;thence N 00056'22" E, along said west boundary of the W. 1/2 of E. 1/2 of SE. 1/4 (being also the said east boundary line of said Coachman Ridge Tract A-1), for 562.57 feet; thence S 88043'13" E, along the north line of an easement described in O.R. Book 8310, Pages 3-6 of said Public Records, 10.00 feet; thence S 00056'22" W for 562.27 feet, to a point on the south boundary line of W. 1/2 of E. 1/2 of SE. 1/4 of section 6, Township 29S., Range 16E.; thence S 00030'40" W for 977.29 feet; thence S89029'20"E for 5.00 feet; thence SOo030'40"W for 30.00 feet; thence N89029120"W for 5.00 feet; thence SOo030'40"W for 170.00 feet; thence S89029120"E for 5.00 feet; thence SOo030'40"W for 30.00 feet; thence N89029'20"W for 15.00 feet back to the POINT OF BEGINNING. Less that portion of right-of-way of state Road No. 590. well.ite,Um (lh "EXHlBIT A" Page 1 of 4 Pages 1 I EXHIBIT "A" The city of Clearwater and Florida Power Corp. have entered into an agreement (OR 8832 pg. 101 and 102) whereby a parcel of land owned by Clearwater in the middle of the FPC right-of-way just south of Gulf-to-Bay Blvd. (SR 60) was given to FPC in exchange for a potable water well easement within the FPC right-of-way (location of easement to be determined). A copy of the executed agreement is attached for review. The City's engineering consultant (Camp, Dresser and McKee,Inc) has selected a easement site for a potable water well in the FPC right-of-way just south of Northeast Coachman Road (SR 590) which is depicted on the attached drawings. Copy of correspondence from COM regarding the selection of the proposed well site is also attached for review. In addition to the well site, the City desires FPC easement approval to pipe a raw water main from the well site running north to stag Run Boulevard. Please note in the easement description and drawing that two areas of the easement south of Northeast Coachman Road are 15 foot wide while the remainder to the easement is 10 foot wide. The City proposes to place a permanent water well in one of these areas and a monitor well in the other. A monitoring well is now a requirement of the pinellas County Health Department and Southwest Florida Water Management District. A sketch of the configuration of the permanent well equipment is contained in the CDM correspondence attached. In the final easement description only one of the 15 foot wide areas will be necessary as the monitor will fit within the requested 10 feet wide easement. The determination of which 15 foot wide area will remain is to be made after pump testing of pilot well construction. The overall location of the proposed easement is on the west side of the FPC right-of-way to be as far as possible from FPC's hot oil line. Please contact any of the following for questions or further information, Mr. Earl Barrett, Clearwater's Real Estate Manager, 462-6042; Mr. Torn Hackett, Clearwater Water (operator of well), 462-6848; or Mr. Terry Jennings, Chief Engineer (application preparer) 462-6970. well.tcj , ~ "''''JTT:m :';(jW' ./fA ,.: "EXHIBIT A" Page 2 of 4 Pages I 10.00' 588'4.3'I.3"E STAG RUN BLVD' JOO' Easement STAG RUN BLVD 'O,R, 8310-3 r-.. i-- lO ~tJ 0 N N CD CD lO,l() eo . ... !->J ~c...a .... N ~. -:' N 'N Q \J CD u,':C 4 lOlO o 0 a a Z If) SW CORNER OF W 1/2 OF E 1/2 OF SE 1/4 or 6-29-16 Pipet.~!. \OCA"& 5' 0./1.. iwsinE.' W R1W \..i ~E aen ;:31. : ~ a:,t- N, ,,- ~iU'l :i' "c- \Il , '" "" . , ,,! ~ ~ w'Jl tJ 0'.0 /,/ .~ ''<t ././ o '"0 ./ !->J or-.. '<t en '0 ' .., '<t , lO o '<t o ~ Z POINT OF COMMENCEMENT SW CORNER OF W 1/2 or E 1/2 or NE 1/4 OF 7-29-16 A ~'.lNP.I.L"_.~':"'J'>!J o I 1 300' 600' .~ SCALE : FEET , ~\~ CO NOTE: THIS IS NOT A SURVEY! DETAIL LINE TABLE NO, LENGTH BEARING <D 5,00' 589'29'20"E <6> 30.00' 500'.30' 40"W Q) 5.00' N89"29'20"W @) 170,00' SOO'30'40"W ~ 5,00' 589'29'20"E <ID 30,00' 500'30'40"W (j) 15,00' N89'29'20"W CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT Page 3 of 4 Pages "EXHrnIT A" ORA.",., BY llll CHECKED BY WJS SCALE: ,'.300' DAft 11/21/94 owe HAilE 94H5 1 or 1 OJ ~1 x "j! )( ...O~ :EN , . )>0 g 0)> ZZ en 'i I J!!il'O 0 )>0 0 ...n . 0 Z 111 0 ,- ifi tl . ~8 n i -4 )( ...z On 111 ~ ;Q'" -4C I OJ~ 0 . )> en Cl . ,.. )> \ )( -4 m ~~ ~;Q 'lI-i .)>0 <to! z)> )>, 0'- ,-. ,.. < . ~~ men -i;U 0 o !! r;; ;uifi z 0 6 -0 r -:E~ l> ~~! z ,;;. -i -iC)> N ~ ~~Kl )( Ul ~-~~ b . to! !;l lD~ b en 111 < -4 . )> 0 ~ ... ,.. n )( 2 ~~ n ~ . ;u 11I'l1 111 ;u~ -4 111 to! en , .. ,- . )> 0 lD Cl ;u )> r :< )(. 'lI ;u ~8P ,.. ,- ~Z)> C )( lD _n~ ,.. en'll zt l ~l ~8 ,.. 0111 (3i?i )( ~ ..JL f-, ;U-4 -io ~~ ~ '" )( ~111 - OJ :! )> 1']: F ~ r 14( ~ X t4" ~1 6H 4'-0. GATE Uj ) rf" ..... far "EXHIBIT r A" Page 4 of 4 Pages IfE~IEI~ REQllIRBMBtTS for piping a raw water main from well site north to Stag Run Boulevard and to place a permanent water well and a monitor well 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 all excavations for GRANTEE's utilization shall be a minimum of twenty-five feet (25') from the nearest edge of GRANTOR's transmission structures or guying. 3. That any and all piping and/or culverts (cables) 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 all parked vehicles shall be motor vehicles of an operative and transient nature; mobile homes, office trailers or carriers of explosive materials are prohibited. 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 (Le., Paul White or his designated alternate, telephone 813/866-5729, St. Petersburg) at least 48 hours prior to APPliCANT's 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 not install cathodic protective devices without first notifying GRANTOR's Material Technology Engineer, Alvan L. Hite, telephone 904/ 563-4552, Ext. 253, Crystal River. 10. That GRANTEE shall make special note of Guidelines involving GRANTOR's oil pipeline attached as Pages 3 of 5 and 4 of 5 and 5 of 5 of Exhibit liB ", by this reference incOlporated herein and made a part hereof, and GRANTEE shall comply fully with said Guidelines. 11. That the GRANTEE will provide GRANTOR's Environmental Services Department copies of well drilling permits prior to construction, and that the GRANTEE will be responsible for proper abandonment of wells in the future if required. f(tf "EXlDBIT B" Page 1 of 5 Pages .' 12.' That construction will t>t coordinated with GRANTOR's Clearlater District Engineer, Terry Mills @ 562-5663 concerning excavating in close proximity to Distribution facilities. 13. That the right-of-way will be left in a condition at least as good as it was prior to construction. 14. That the pipe will be installed within five feet (5') of the edge of GRANTOR's right-of-way. "EXHIBIT B" Page 2 of 5 Pages -. ._~~,~':~--~ f'~-~';O:.'''''.7''~ t.;_._~_~~J " " , I GUIDELINES FOR CONSTRUCTION CROSSING OF THE B/A OIL PIPELINE The Florida Power Corporation-Bartow to Anclote Thermal insulated oil transport line has been installed and is operated in compliance with Title 49-Part 195 Federal 0.0.1. - Transportation of liquids by pipeline. The line is 14" in diameter coated and insulated for a total outside diameter of 17.5". 1. Buried Structures - CrossinQ Situations The minimum clearances required for crossing situations of the B/A oil line and proposed other lines or structures follows: a. Maintain 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 is not practical, provisions can be negotiated with Florida Power Corporation for a substitution of the soil barrier with an approved barrier. c. Contact C. A. Nuttall, (813) 866-5729 or C. M. Forte (813) 866-4753, 48 hours prior to construction. An FPC representative must be present to inspect any crossings that are made. 2. Buried Structures - ParallelinQ Structures These are two standards of acceptability for paralleling situations: a. Florida Power Corporation R/W, easements and other controlled areas. , 1. All paralleling of buried structures and other pipes to the B/A oil line must maintain a minimum of three (3) feet surface to surface clearance. b. All paralleling situations outside the control of the Florida Power Corporation should request the minimum three (3) feet surface to surface clearance. 3. Minimum Soil Cover Over B/A Oil Line The minimum soil cover requirements at any location along this Bartow to Anclote oil pipe line has been established to be 48 inches, as referenced from top of the pipe to ground level, road bed, river bottom, drain ditch bottom, etc. Any variance in this minimum protective soil cover must be negotiated with and approved by the Florida Power Corporation. A substitute, protective, equivalent concrete structure is shown on Drawing IA-S-34-A-1. 4. Roadways Roadways of the oil pipeline must be cased and vented from R-O-W line to R-O-W line. Driveways which can be closed to allow for maintenance on the pipeline will not normally be required to provide casing, but will be required to comply with item 3 above. F201BN2-4 "EXHIBIT B" Page 3 of 5 Pages pat: ~ i_ I . , " l . I I ~ Note: Actual casing requirements will be determined by conditions at location of the crossing. 5. Bui1dinQ. Structures. Retention Ponds. Wells. Fences a. All structures, building retention ponds or wells, must maintain a minimum of fifteen (15) feet from B/A oil pipeline centerline. If existing foundation, retention ponds or wells are closer than fifteen (15) feet, designate them as existing and submit information to FPC on design drawings. For retention ponds, the fifteen (15) foot requirement applies from the top of bank to centerline of pipe. b. Fencing should be constructed in a way that poles straddle either side of line. The fence shall be grounded. Grounding rods shall be 15 feet away from the B/A oil pipeline. 6. Construction EauiDment Equipment or material used in construction activities must not be parked or stored within three (3) feet of the B/A oil pipeline centerline. Rev 1 4/13/92 F201BN2-4 .~ "EXHlBIf B" Page 4 of 5 Pages ,r , ~.. , . ..... " $~~ p6f"1JIL ,. . / . II . . / , ........, V ,P '-- , I- 1-10- \r) i- ~G> .+- - -- ""P" ~ -- .- - ( ~ ~' I - i--- . '- " ./ .. ---- .f I/' A~J - . · P leA .N:.... StALl: ,..., ~O: . . . , , ,..-. " -.t. . 1:;~ ~l~ 711"" ,a"e"~ '.11..,"'1 10'.0 " . -ELEVA:TION - .. S(AU: ,-. 'r'.q- f ~ ~L~ 'I. ~ J/H' "'.-/1' ILA" . 5s "f~ .. . t I ..,It: - I. c.... ''',14 .." ~II. ..".,,, .1 1000 aLl. I. ...., ,. ..,,, U" ,,,,..0. L c.... ....1. h .." .. ....... ..If". I'''.' t. MI.. I- ..... nu. .n "..... ..."..." \.,n 'Oil IACN ",I, COICCIlII& . t. II'" JlII.rOIlCI" . lI'\. .. I..' ,,,. " ".'-1 ..,., ''''''11 . 11'.0' n. ..., "" ,. t'. '-1""1 ...1.... . II' . " . . .... ,,,. ,. .t- 1t.1I' 'MI.,.. . I'." .. .... .... ,. .. .,- (1.1.. '..1.... . I'. 4' DeTAIL '11" , _'_' /fAts ,". ,'.0. .... .... 1.1,1 'lit' ."..,. . . ",'. " CON(~ErG PIPElINe .' cove~ SlA8S .m.. .__.:.~-::: _ . PROJECT BAl!rOJY-AN(l.ore ,D1,oEI.IN~ I "'nI ht/ AJ"7 ~ _ 'LO'UOA POWER CORPORATION IIYIIIOW IV CI, A", If. ,,,....,,.. 'UIlIA {ICA\.I_~.fll_ _1T_.e1_CIJ?:\,.".flJJ_ DRAWl NO NO. A -S 34 -/I ~ I ',-.-.-, "EXHIBIT B" ~ Page 5 of 5 Pagls