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U.S. ARMY CORPS OF ENGINEERS " ,i ) I TEMPORARY DISPOSAL EASEMENT DEED THIS TEMPORARY DISPOSAL EASEMENT DEED, made this ql..Jt"-- day of August, 1993, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose address is P. O. Box 4748, Clearwater, Florida 34618, hereinafter referred to as the Grantor, and the UNITED STATES OF AMERICA, whose address is c/o District Engineer, U. S. Army Engineer District, Jacksonville, Florida 32201, herein~fter referred to as the Grantee. WITNESSETH: That for and in consideration of the premises and One Dollar' ($1.00) and other good and valuable considerations paid, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee and its assigns, a temporary and assignable easement and right-of-way in, on and over and across the land situated, lying and being in Pinellas County, Florida, more particularly described in Exhibit A, attached hereto and made a part hereof, for a period not to exceed three (3) years, to construct, operate, maintain, repair, replace and remove pipelines used in connection with the transmission of dredged materials to or across said tract of land; and for the purpose of depositing waste or excavated materials on said land, the right to excavate ditches and construct dikes, mounds and control works to provide for drainage of the easement area at all times and prevent creation of a flooding condition to adjacent areas in connection with the construction and operation of said project, and to use for the future maintenance and any future enlargement of said project as may be authorized by Congress; Also, the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, bu ildings, improvements and other obstructions therefrom, including the right to alter the grade of said land from time to time; to plant thereon trees, grass, shrubs, and other vegetation with the,right to cut and remove, protect, maintain and otherwise control vegetation and prevent the /)/- 9( ,,' / Cf I I construction of or maintenance of structures for human habitation; and for such other purposes as may be required in connection with the use of said tract as a disposal area; reserving, however, to the owners, their heirs and assigns all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements of publi~ roads and highways, public utilities, railroads and pipelines. IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its name, and its corporate sea 1 to be hereunto aff i xed, by its proper officers thereunto duly authorized, the day and year first above written. oner Attest: Witnesses: . ~~- ~~ ;;;) ~ .s".J191V i.. jJH'L.L-/~.$ Print name This instrument was prepared by: M. A. Galbraith, Jr. City Attorney P. O. Box 4748 Clearwater, Florida 34618 I STATE OF FLORIDA COUNTY OF PINELLAS I BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the above~ named city, who acknowledged that she executed the foregoing instrument. She is personally known to me and did not take an oath. 9 WITNESS my hand and official seal this 1993. ~~fiYN~{(-i~~'S00 Notary Public STATE OF FLORIDA COUNTY OF PINELLAS day of ~ffJ'/ft: l~i..'ti\~'r~ DENISE A. WILSON ti i*} MY COMMISSION # cc 201408 EXPIRES '~;'.....i~" June 18, 1996 "flr..fti.,' BONDED THRtJ TROV FAIN INSlJRANCE,It<<:, BEFORE ME personally appeared Michael J. Wright, the City Manager of the above- named city, who acknowledged that he executed the foregoing instrument. He is personally known to me and did not take an oath. WITNESS my hand and official seal this 1993. &f?r~/xlm(ld~ lfBfJ.dou Notary Public q day of (Z~fJJi ....~.:".. DENISE A. WILSON " ill' .1'..", r:vDIRES l!l:''f~ ~ COMMISSION /I CC 201408 ~ " ~ ,:~. June 18. 1998 Nt' ...1....,.....~... BONDED THRU TROY FAIN INSURANCE,I , 'I),Rrll~\\ I I PRIMARY DISPOSAL AREA: Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East, thence run N 89010'31" E, 843.47 feet, along the South line of said Section 17, to a point on the centerline of Gulf Boulevard; thence run N 42013'31" E, along said centerline 1983.25 feet; thence run N 47046'29" W, 50.00 feet, to a point on the North right-of-way line of Gulf Boulevard; thence run along said North right-of-way line and the arc of a curve to the left, radius = 1859.86 feet, arc length = 677.91 feet, chord bearing = N 31047'00" E, chord length = 674.17 feet, to the POINT OF BEGINNING #1; thence run N 68039'32" W, 200.00 feet; thence run along the arc of a curve to the left, radius = 1659.86 feet, arc length = 243.28 feet, chord bearing = N 17008'32" E, chord length = 243.06 feet; thence run S 77003'24" E, 119.74 feet; thence run along the arc of a curve to the right, radius = 1128.19 feet, arc length = 118.11 feet, chord bearing = S 28030'33" E, chord length = 118.06 feet; thence run along the arc of a curve to the right, radius = 1859.86 feet, arc length = 184.08 feet, chord bearing = S 18030'20" W, chord length = 184.01 feet, to the POINT OF BEGINNING. Containing 1.11 acres M.O.L. SECONDARY DISPOSAL AREA: Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East, thence run N 89010'31" E, 843.47 feet, along the South line of said Section 17, to a point on the centerline of Gulf Boulevard; thence run N 42013'31" E, along said centerline 886.07 feet; thence run S 47046'29" E, 50.00 feet, to a point on the South right-of-way line of Gulf Boulevard; thence run along said South right-of-way line N 42013'31" E, 900.00 feet to the POINT OF BEGINNING #2; thence continue N 42013'31" E along said South right- of-way line, 197.18 feet; thence continue along said South right-of- way line and the arc of a curve to the left, radius = 1959.86 feet, arc length = 714.36 feet; chord bearing = N 31047'00" E, chord length = 710.41 feet; thence run S 68039'32" E, 98 feet more or less to a point on the mean high water line of Clearwater Harbor; thence run southwesterly along said mean high water line, to a point that bears S 47046'29" E, from the POINT OF BEGINNING #2; thence run N 47046'29" W, 95 feet more or less, to the POINT OF BEGINNING #2. EXHIBIT A I I C I T Y OF CLEARWATER POST OFFICE BOX 4748 C LEA R W ATE R. F LOR IDA 3 4 6 1 B - 4 7 4 B Office of City Allorney (813) 462,6760 Fax (813) 462,6426 ATTORNEY'S TITLE CERTIFICATE I, M. A. Galbraith, Jr., City Attorney for the City of Clearwater, Florida (the "Sponsor"), a Florida municipality created by Chapter 9710, Special Laws of Florida, 1923, as amended, located in Pinellas County, Florida, do hereby certify that the Sponsor is vested with fee simple title in the lands shown on the drawing attached hereto as Exhibit A (specifically, the cross-hatched areas labelled "Primary Disposal Area" and "Secondary Disposal Area") and described more particularly in the metes-and-bounds description attached, hereto as Exhibit B. I further certify that there exist no endumbrances or other legal defects that affect or limit the full exercise of the rights of the Sponsor as owner of fee simple title to the lands described therein with the following exception: The land referred to as the Primary Disposal Area was conveyed to the Sponsor with a use restriction for right-of~way and drainage purposes, with a right of reverter to the grantor, his heirs or assigns. Said property has, in fact, been improved and used continuously for such purposes. I am of the opinion that no encumbrance or other legal defect in title affect the grant by the Sponsor to the United States of America of a Temporary Disposal Easement, a copy of the formot which is attached hereto as Exhibit C. Executed this (fL day of August, 1993. ~tJ ~~~" M. A. Galbra1 h, '. City Attorney Florida Bar #142068 o "Equal Employment and Affirmative Action Employer" ~ '.' I -<3L~ I 0 0..... OCXl '0'0 a 0.... 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Vl ;;; 1I 0 u r- ~ '" VI CXl Z I I PRIMARY DISPOSAL AREA Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East, thence run N 89010'31" E, 843.47 feet, along the South line of said section 17, to a point on the centerline of Gulf Boulevard; thence run N 42013'31" E, along said centerline 1983.25 feet; thence run N 47046'29" W,50.00 feet, to a point on the North right-of-way line of Gulf Boulevard; thence run along said North right-of-way line and the arc of a curve to the left, radius = 1859.86 feet, arc length = 677.91 feet, chord bearing = N 31047'00" E, chord length = 674.17 feet" to the POINT OF BEGINNING #1; thence run N 68039'32" W, 200.00 feet; thence run along the arc of a curve to the left, radius = 1659.86 feet, arc length = 243.28 feet, chord bearing = N 17008'32" E, chord"length = 243.06 feet; thence run S 77003'24" E, 119.74 feet; thence run along the arc of a curve to the right, radius = 1128.19 feet, arc length = 118.11 feet, chord bearing = S 28030':'33" E, chord length = 118.06 feet; thence run along the arc of a curve to the right, radius = 1859~86 feet, arc length = 184.08 feet, chord bearing = S 18030'20" W, chord length = 184.01 feet, to the POINT OF BEGINNING. Containing 1.11 acres M.O.L. SECONDARY DISPOSAL AREA Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East, thence run N 89010'31" E, 843.47 feet, along the South line of said Section 17, to a point on the centerline of Gulf Boulevard; thence run N 42013'31" E, along said centerline 886.07 feet; thence run S 47046'29" E, 50.00 feet, to a point on the South right-of-way line of Gulf Boulevard; thence run along said South right-of-way line N 42013'31" E, 900.00 feet to the POINT OF BEGINNING #2; thence continue N 42013'31" E along said South right-of-way line, 197.18 feet; ,thence continue along said South right-of-way line and the arc of a curve to the left, radius = 1959.86 feet, arc length = 714.36 feet; chord bearing = N 31047'00" E, chord length = 710.41 feet; thence run S 68039'32" E, 98 feet more or less to a point on the mean high water line of Clearwater Harbor; thence run southwesterly along said mean high water line, to a point that bears S 47046'29" E, from the POINT OF BEGINNING #2; thence run N 47046'29" W, 95 feet more or less, to the POINT OF BEGINNING #2. EXHIBIT B I I TEMPORARY DISPOSAL EASEMENT DEED THIS TEMPORARY DISPOSAL EASEMENT DEED, made this day of August, 1993, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose address is P. O. Box 4748, Clearwater, Florida 34618, hereinafter referred to as the Grantor, and the UNITED STATES OF AMERICA, whose address is c/o District Engineer, U. S. Army Engineer District, Jacksonville, Florida 32201, hereinafter referred to as the Grantee. WITNESSETH: That for and in consideration of the premises and One Dollar ($1.00) and other good and valuable considerations paid, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee and its assigns, a temporary and assignable easement and right-of-way in, on and over and across the land situated, lying and being in Pinellas County, Florida, more particularly described in Exhibit A, attached hereto and made a part hereof, for a period not to exceed , to construct, operate, maintain, repair, replace and remove pipelines used in connection with the transmission of dredged materials to or across said tract of land; and for the purpose of depositing waste or excavated materials on said land, the right to excavate ditches and construct dikes, mounds and control works to provide for drainage of the easement area at all times and prevent creation of a flooding , ton~ition to adjacent areas in connection with the construction and operation of said project, and to use for the future maintenance and any future enlargement of said project as may be authorized by Congress; Also, the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements and other obstructions therefrom, including the right to alter the grade of said land from time to time; to plant thereon trees, grass, shrubs, and other vegetation with the right to cut and remove, protect, maintain and otherwise control vegetation and prevent the EXHIBIT C I I PRIMARY DISPOSAL AREA: Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East, thence run N 89010'31" E, 843.47 feet, along the South line of said Section 17, to a point on the centerline of Gulf Boulevard; thence run N 42013'31" E, along said centerline 1983.25 feet; thence run N 47046'29" W, 50.00 feet, to a point on the North right-of-way line of Gulf Boulevard; thence run along said North right-of-way line and the arc of a curve to the left, radius = 1859.86 feet, arc length = 677.91 feet, chord bearing = N 31047'00" E, chord length = 674.17 feet, to the POINT OF BEGINNING #1; thence run N 68039'32" W, 200.00 feet; thence run along the arc of a curve to the left, radius = 1659.86 feet, arc length = 243.28 feet, chord bearing = N 17008'32" E, chord length = 243.06 feet; thence runS 77003'24" E, 119.74 feet; thence run along the arc of a curve to the right, radius = 1128.19 feet, arc length = 118.11 feet, chord bearing = S 28030'33" E, chord length = 118.06 feet; thence run along the arc of a curve to the right, radius = 1859.86 feet, arc length = 184.08 feet, chord bearing = S 18030'20" W, chord length = 184.01 feet, to the POINT OF BEGINNING. Containing 1.11 acres M.D.L. SECONDARY DISPOSAL AREA: Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East, thence run N 89010'31" E, 843.47 feet, along the South line of said Section 17, to a point on the centerline of Gulf Boulevard; thence run N 42013'31" E, along said centerline 886.07 feet; thence run S 47046'29" E, 50.00 feet, to a point on the South right-of-way line of Gulf Boulevard; thence run along said South right-of-way line N 42013'31" E, 900.00 feet to the POINT OF BEGINNING #2; thence continue N 42013'31" E along said South right- of-way line, 197.18 feet; thence continue along said South right-of- way line and the arc of a curve to the left, radius = 1959.86 feet, arc length = 714.36 feet; chord bearing = N 31047'00" E, chord length = 710.41 feet; thence run S 68039132" E, 98 feet more or less to a point on the mean high water line of Clearwater Harbor; thence run southwesterly along said mean high water line, to a point that bears S 47046'29" E, from the POINT OF BEGINNING #2; thence run N 47046'29" W, 95 feet more or less, to the POINT OF BEGINNING #2. I I construction of or maintenance of structures for human habitation; and for such other purposes as may be required in connection with the use of said tract as a disposal area; reserving, however, to the owners, their heirs and assigns all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements of public roads and highways, public utilities, railroads and pipelines. IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA Rita Garvey, Mayor-Commissioner By: Michael J. Wright, CityManager Attest: Witnesses: Cynthia E. Goudeau, City Clerk Print name Print name This instrument was prepared by: M. A. Galbraith, Jr. ' City Attorney P. O. Box 4748 Clearwater, Florida 34618 , , I I STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the above- named city, who acknowledged that she executed the foregoing instrument. She is personally known to me and did not take an oath. WITNESS my hand and official seal this 1993. day of Print/Type Name: Notary Public STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME personally appeared Michael J. Wright, the City Manager of the above- named citYI who acknowledged that he executed the foregoing instrument. He is personally known to me and did not take an oath. WITNESS my hand and official seal this 1993. day of Print/Type Name: Notary Public c .. I I TO: FROM: RE: DATE: CITY OF CLEARWATER Interdepartmental Correspondence Sheet Terry Finch, Environmental Program Supervisor M. A. Galbraith, Jr., City Attorney~ Clearwater Harbor Channel Dredging August 9, 1993 Enclosed are the oriqina1s of a temporary disposal easement deed executed and dated August 9, 1993, and my opinion letter dated August 6, 1993, both intended to be delivered to the U.S. Corps of Engineers. I will entrust you with the delivery of these documents, along with others that may be required for this project, to the Corps of Engineers. MAG:a Enclosures Copies, w/encl: Cynthia Goudeau, City Clerk Bill Held, Harbormaster Bill Baker, Public Works Director RECEIVED AJG 1 0 1993 CITY CLERK DEPT.