FLORIDA POWER CORPORATION (5)
Ii.
'L ~ '"
~~~
... ~ '"
CJ"'"
~ .
. 0 "
~Q.i:o:
~ Ci .
3i:o:~
al ..0
~,i ~
'" " ~
c"
" Q.
~.! .
" .. -
"'~'"
" ..
~"' .
.,. '"
-.
~ .. ()
c " .
"It:..
E ..
:> 0 )(
g.-~
"z
.!!~d
.c.. .
.....a.
II:
C_C "
, '
REW/jm
I 52-HD/NC/BAP 8/23/83
- Application No. CL-I05
I
ORIGINAL
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, Made this 6th day of
September , 1983 ,between FLORIDA POWER CORPORATION, a private
corporation of the State of Florida, whose mailing address for pur-
poses hereof is c/o Property Manager, Real Estate Department H5,
P. O. Box 14042, st. Petersburg, Florida 33733, Party of the First
Part, GRANTOR herein, and CITY OF CLEARWATER, FLORIDA, a municipal
corporation of the State of Florida, whose mailing address for
purposes hereof is c/o Public Works Director, P. O. Box 4748,
Clearwater, Florida 33518, Party of the Second Part, GRANTEE herein;
WITNESSETH: That the said GRANTOR, for and in consideration
of the sum of One Dollar ($1.00) and other good and valuable consi-
derations 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 constructirig, installing, utili-
zing and maintaining a single underground run of reinforced
concrete pipe (RCP)' storm drain line not to exceed 30 inches in
diameter, together with one manhole (sometimes hereinafter col-
lectively referred to as "improvements") within the following-
described Easement Area in the County of Pinellas and State of
Florida, to-wit:
A 10-foot wide Easement Area lying within a certain
segment of GRANTOR'S fee-owned 250-foot wide trans-
mission corridor traversing a north/south course
through the SE!:i of SE!:i of Section 18, Township 29
South, Range 16 East, said la-foot wide Easement
Area being more particularly described as follows:
A 10-footwide Easement Area defined as comprising
that certain ID-foot wide strip of land lying and
extending 5 feet on each side of and along the
following-described centerline: From the northwest
corner of SE!:i of SE!:i of Section 18, Township 29
South, Range 16 East, run S 89037'25" E, along the
north boundary of said SE!:i of SE!:i, for 202.60 feet
to the Point of Beginning of said centerline which
bears S 01003'58" W for 660.00 feet; thence S 300
00'00" W for 85.00 feet to the Point of Terminus of
said centerline in GRANTEE'S existing storm water
detention pond for which provision is made in prior
Easement Agreement dated September 24, 1981, and
recorded in 6.R. Book 5269 at Page 866 as Clerk's
Instrument No. 81176102 of the Public Records of
Pinellas County, Florida (the north 50 feet of said
lO-foot wide Easement Area being subject to existing
right-of-way of Druid Road).
The alignment, location, depth of burial and clearances
of GRANTEE'S storm drain pipe and manhole improvements
with respect to GRANTOR'S fee-owned corridor and facili-
ties shall be as shown on prints of drawings attached
hereto as EXHIBIT "A", Sheets 1 and 2, and in accord-
ance with guideline specifications attached hereto as
EXHIBIT IlB", Sheets 1 and 2, and by this reference
incorporated herein and made a part hereof.
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 pur-
poses herein described, subject, however, to the following terms and
conditions to which GRANTEE expressly agrees:
1. That GRANTEE specifically shall notify each of GRANTOR'S
following personnel (or their respective designated alternates) at
least 48 hours before commencing initial trenching or excavation
activities in connection with this storm drain pipe installation so
GRANTOR can have author i zed represen ta ti ves presen t to observe. the
s~' ,{fi"~;;
/2 CJ;,~!, 1-' c
/ ! ~ / ,r;:>
/!q_~ l~q3- 7
"-';;:;
I
I
activities and to assist GRANTEE in locating and avoiding conflict
with GRANTOR'S existing facilities:
(a) Joseph G. Brown, Jr., Inspector of Transmission Rights-
of-Way, telephone 813/866-5109, St. Petersburg.
(b) Daniel M. Falvey, Superintendent of Transmission Under-
ground, telephone 813/866-5729, St. Petersburg.
Failure on the part of GRANTEE to so notify said personnel shall
constitute a breach of this Agreement.
2. That GRANTOR expressly reserves unto itself, its succes-
sors, lessees and assigns, the continued right to occupy and utilize
the said Easement Area in any way or manner whatsoever, and the fur-
ther right to require GRANTEE to relocate or obtain a contract for
such relocation of the improvements described herein within 45 days
after due notice should GRAN'l'OR determine that such improvements'
would interfere with GRANTOR's future facilities or use of said
fee-owned 250-foot wide transmission corridor.
3. Any costs, attorney's fees or expenses incurred by GRANTOR
in construing or enforcing this Easement Agreement shall be borne by
the GRANTEE.
4. 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.
5. 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 com-
pliance 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 appurten-
ances, and in the event of any damages or injuries, GRANTEE shall
immediately report the nature and extent thereof to GRANTOR'S
Clearwater District Office, telephone 813/443-2661, Clearwater.
6. That GRANTOR'S consent to GRANTEE'S use of the Easement
Area is limited. S~ch conditional and restricted consent creates
privileges in the GRANTEE to use the Easement Area only insofar as
compliance with the conditions herein is continued.
7. That GRANTEE'S plans for any other improvements proposed
for inclusion in the Easement Area must be submitted to GRANTOR for
prior approval.
8. That GRANTOR shall not be liable for damage to GRANTEE'S
improvements howsoever resulting from the use or occupancy of the
premises by GRANTOR. GRANTOR, however, shall not willfully cause
undue damage to said improvements.
90 That GRANTEE, in and about the construction, operation,
utilization and maintenance of said improvements within GRANTOR'S
premises, and GRANTEE so covenants, shall not therein interfere with
the safe and efficient operation and maintenance of GRANTOR'S
existing or future electric facilities or fuel oil pipeline.
10. That nothing contained in this grant of easement or con-
templated is intended to or shall increase GRANTOR'S liability for
personal injury or death 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,
its employees, agents, contractors or any representative, is hereby
assumed by GRANTEE and shall be at the sole and exclusive risk of
GRANTEE, (C) that GRANTEE shall answer and satisfy to GRANTOR'S
2
I
I
satisfaction any and all complaints (d) that GRANTEE shall protect,
defend, 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 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 grant of easement to GRANTEE
for the use and occupancy of GRANTOR'S premises by GRANTEE, its em-
ployees, 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.
11. 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
commence positive action 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 10
above occurring up to the effective date of such termination.
GRANTEE further covenants to reimburse GRANTOR for any monies ex-
pended before or after termination by GRANTOR to return the Easement
Area to its original condition.
12. That GRANTEE shall not use a dragline or other boom-and-
cable type crane equipment anywhere within GRANTOR'S transmission
corridor at any time.
13. That GRANTEE shall furnish and install permanent surface
markers or monuments as directed by GRANTOR'S on-site representa-
tives to show the location and alignment of GRANTEE'S underground
improvements within the corridor, and GRANTEE hereby expressly
assumes the continuing duty, responsibility and obligation to
maintain the integrity of such markers or monuments.
14. That the portion of the surface of GRANTOR'S corridor
which is disturbed by GRANTEE'S trenching and construction activities
shall be restored by GRANTEE to its equivalent preconstruction con-
dition promptly upon GRANTEE'S completion of such activities.
15. That GRANTEE shall keep this Agreement document (or a
complete copy hereof) on-site for ready reference at all times during
GRANTEE'S construction operations and activities upon and within
GRANTOR'S transmission corridor.
16. That GRANTEE'S piping within GRANTOR'S transmsisioncor-
ridor shall have sufficient earth cover to prevent breakage or damage
by the operation or maneuvering of GRANTOR'S vehicles and heavy equip-
ment within said corridor.
17. That the alignment of GRANTEE'S storm drain pipe shall be
centered at least 20 feet away from any of GRANTOR'S facilities,
and none of GRAN':l'EE'S trenching or excavation shall be closer than
15 feet to any' of GRANTOR'S facilities.
180 Tha t GJ;{ANTEE shall not install ca thodic protective devices
in connection with GRAN'l'EEIS storm drain pipe without first notifying
GRANTOR'S Corrosion and Grounding Engineer, Edward R. Beeman, telephone
813/866-5727, St. Petersburg.
19. That GRANTEE shall assure an easily passable 20-foot wide
accessway is retained along the length of GRANTOR'S transmission
corridor and to each transmission structure at all times for use by
GRANTOR'S personnel, vehicles and equipment in their routine patrol
and maintenance activities and under emergency conditions.
20. That GRANTEE shall not park any vehicles nor store any
equipment or material under or near GRANTOR'S facilities except
during construction of or maintenance of said storm drain pipe.
21. That the top of GRANTEE'S manhole shall be at existing
ground grade elevation, and said manhole and cover shall comply with
3
I
I
Department of Transportation (D.O.T.) specifications for load-
carrying capabilities.
22. That in addition to the general provisions heretofore
mentioned in above Paragraph 10, GRANTEE hereby expressly and speci-
ficallycovenants and agrees that GRANTEE'S storm drainage pipe
shall accommodate only surface runoff water, and that GRANTEE shall
further protect, defend, 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 or growing out
of any actual or claimed (a) pollution, stagnation, offensive odor
or pests in any way associated with GRANTEE'S said drainage pipe,
or (b) flooding or lowering of water table level of adjoining and
nearby lands.
23. That this Aqreement (a) is personal to GRANTEE, and
(b) shall not be assigned or transferred in whole or in patt with~
out the express written consent of GRANTOR.
24. 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 permitisnot secured, this Agreement will
be considered null and void.
25. That immediately upon completion of GRANTEE'S construc-
tion and restoration operations and activities within GRANTOR'S
corridor, GRANTEE shall notify GRANTOR'S Inspector of Transmission
Rights-of-Way (see hereinbefore Paragraph 1) and request a final
inspection of said corridor.
26. That within 30 days after final inspection as stipulated
in Paragraph 25 above, GRANTEE shall furnish GRANTOR with a drawing
or drawings verifying the as-built locations of GRANTEE'S improve-
ments within the corridor, said as-built drawings to be mailed or
delivered to Mr. Joseph G. Brown, Jr., Inspector of Transmission
Rights-of-Way, Transmission Construction Department (G2R), Florida
Power Corporation, Post Office Box 14042, St. Petersburg, Florida
33733. Failure of GRANTEE to furnish such information shall con-
stitute a breach of this Agreement.
27. 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 terms and conditions set
forth herein. Failure of GRANTEE to sign this Agreement and return
the marked copy to GRANTOR within 60 days from the date of the
Agreement shall automatically render the Agreement null and void.
IN WITNESS WHEREOF, the aforesaid Parties have caused these
presents to be signed in their respective names by their proper
executive 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.
WITNESSES;
FLORIDA POWER CORPORATION
GRANTOR)
7W ~ k~
Vice President
(~~ {!. ~~
'---
4
I
I
WITNESSES:
~:- L~
~~~
L7 '
Att,~et t: D:
~~~~
City Clerk
and correct-
*
*
*
*
STATE OF FLORIDA
}
} SSe
}
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 6th
day of -.2eptember
, 1983, by __Ned B. Spake
as Vice President and by '_ CathleenP.' Kortright
as
Assistant Secretary, respectively, of FLORIDA POWER CORPORATION,
a Florida corporation, on behalf of the corporation.
- '
/
My.commission Expires:
y ,a~
~otary Public
~J()tiiry Pli~l;c, S:"te d FL:;;';dil
My Co:maiS$i~lfI f.;mir.:s b,~ lB, 1986
800ded Thru Tl'O.)' fain' IrJ:';,!,[~C03, Jn~,
-'
*
*
*
*
STATE OF FLORIDA
SSe
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this JOY'-
day of Oc~~
DO'r<\.CLS.'A .~,s:~
and&u.dl ~\'€-LdL I\l ~~s
, 1983 byfl.a:}b(\~h...~\we-~\I-
, _J<ct.~\<c~E.J<"~j
respectively City Manager, City
Attorney, Mayor-Commissioner and City Clerk of the CITY OF CLEARWATER,
FLORIDA, a Florida municipal corporation, on behalf of the corporation.
My Commission Expires: ~ot.rv pubrrc,.Stateof F1orid..t [art,
My (oDlIIIJs$lon fxpltes Ocl 31, 1983
f.2a.~ h Am!rL~n fim I. ~1!II!1y' !;gmpa!!1!
'-
"- '
- ~'
5
-'
, "
40 ~ LINE. rJI ..
NorHtwcsf Cor"..r e'
SEV... .f SEY4 .f
S.C. 18 -T2fiS-1f "E
--j( )I.
/J' tJj
~ ~
~ <
~ ffi
5 ~
z
)( ):
t
I I ~
~~~~ ~
~ ~ ~i (1
~ 0
z: 0 :r1 11
-t r ]
~ ]: ffi
m ~ ~ 0
;') r ~ f...
r - Z Z
'l, lI' III
'l\' CJ
r
ffi~
(,
FL.a1etD~ F==tAvE./C'-. c.otZP.
t:'~N E.6"T"AT...~,
t
Jl:n ~
1il:1 ~
or
i. r
z i
~~ pi
(~
I\)
~
~
1O
(\
~
~
fJ]
10"' D.I. P.
DRUID ROt.:l..!:i
10. D. L P.
75.:t 87.5'
, zso' j;
ZZ5'
20
:n~
:'lJ
0~
/IIz
"-
(~
I z
o ("l
I ,
~ ~
w g ]
-l ~ ffl
ro -I r
I -<. r
p
I!'
x
,
~
-\
N
to
v-
I
~
6)
x-x
x
-7" j:,
,-60"
2.7.5'
tl
~~
a~
o
z
EXHH3rr "A"
SheLf I of 2
CL-/C5
CrTY OF' CJ-..,S:.A.~\" A Te.R.. I FL
~"R...c.P. ~TOI'U^ "bR:/.l..IN PIPE,)
Re:.-3S0 L.
O\"lo.LBY :/1'\, A"1D~ l\J
-,
- - .L-:, _ .:..-. _ _ _
I.
I I
I I
I I
I I
I ,
I I
II
I I
.-_J L_,
I .
I I
... ....- - --~
"
~ - ~
~
, ,
. .. '-. '
."
TOW~R
NC-48
EAST
FOOTER
t.7. 5~
.~
"
c.j
.:
I(
I
I
"~ -So .S'
. ....~ fill, ...,.
"'-~" .." 20' . ."!"l
14 .
--- - - _.--
~1
..~..
.,..,:.;~...r,...
-----
.. I.,
...
"..
1If'
~,4
~
-. '"~~: '.
, A' 14" OIL PI PELINE
11.' IN 24"CASING
",
. ~ It-Min. ClHrtlnc.
10 D.le
24- RC.i'
TYPICAL SECTION THROUGH MANHOLES IN DRUID ROAD
LOOKING NORTH
20'
II 14" OIL PIPELINE
V
20' .
-----
+.
&
,
, 'SECTION 'THROUGH TOWER. NC-48
. LOOKING NORTH
EXHIBIT "A"
6h...f z of z
>=
II(
A
II)
t-
en
~
au
y
. .
, .
-~
"
,: '"
:
"
I
I
~-
Guide lines for Construction Crossings of the Bartow to
Anclote oil line
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
D.O.T. - Transportation of Liauids by pipeline.
1. Buried Structures - Crossing Situations
The minimum clearances required for crossing situations
of the B/A oil line and proposed other lines or struc-
tures follows:
a. Maintain 12 ,inches of clearnace 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 Flori.da Power
Corp. for a substitution of the soil barrier with
an approved barrier.
2. Minimum Soil Cover over B/A oil line
The minimum soil cover requirements at any location
along this Bartow to Anclote oil pipe line had been
established in compliance with Federal D.O.T. code
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 the Florida Power
Corp. for substitute, protective, equivalent approved
concrete structure Drawing # A-S-34-A-l.
3. Paralleling - Buried Structures
These are two standards of,acceptability for parallel-
ing situations:
a. Florida Power Corp. ~?w , easements and other con-
trolled 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 Corp. should request the minimum
three (3) feet surface to surface clearnace. Minimum
acceptable is one (1) foot surface to su!face, pro-
viding adequate provisions are made for corrosion
control. (' ,~,,. .
(,/JJI~~ I.. "\_
D. M. -1-al vey .
~
" 12-16-80
EXHIBIT "B"
She.e.1- I of z.
, ,~r."
':~
'", .
I
I
:/'
:-.
.'--
/"".
\,'
5_. v~r1::JlL
/ r::~
I
'A I'
<0
...1
It)
l
,0 -+-,
I
- -- . ---- .-_..~._.
.{c} ~oLE
...
..
.... "
-
-'-
-,~
tb'
· P LAN. ~-
, ..
SCALE: /". Z - ()
, .
== '
-.s
--r--
'PE1/EI. ' E.oC; IE 7
"',,1. tlPr;:r..J#J I> ,
, ,
_~__.___.a...:.-
.-
12."CrOC EIkHW"~
~
EDGE or
~ON(. .
, "
If) -0 ---,
.ELEVA TION"
SCALE: I" 1; e'.o"
NOTES:
I. Cone. should ho.. min. II rlnll.h of 3000 P.S.I,
2. R.ba, Is ASTM Ai'S "od. 40..
a. Cone. shoul' b. cas' on smoo'h su,flllco
(For _)
4. Mill. Z" COlIC. CO"., all O'OUIl'.
MATERIAL LIST "OR EACH SLA8
CONCRETE ,. 0.9S,.'
DE.TAIL '11"
S(AU i". ".0"
REINFORCING STEEL
, _ No.. S b.,s ot 9' - ," (Iotol footo,.) , S,'. 0"
11_ No.5 bo.. af 4' - ," (totol fOo'o,.) · SI' .4"
4 . No. S bo.. 0' 10" (loUI foo'.,.) · ,'. 4"
2 - .0. S b... ot I' -Z" (10'01 f......) · " . 4"
No.5 bon t...1 11..1 foo'.'.
..1'.0"
ADDEO MATERIAL LIST
CONCRETE PIPt!LINc. .
cover! SlA8S
BAF!TOJf'-ANCl..oTE PIPElINE
. - ........
FLORIDA POWER CORPORATION
.Y. "IYI.I.U.. n.O.'OA
PROJECT
I vn;) RlI2 ~,.h ~ ~
REYISION IY CK. APP. fA
l'cALE_~er..fC_ _''-~_CKJtlAPP.f\JJ_ WI
DRAWING NO. /1-534 -/I - I
EXHIBIT "B"
Shee,r Z of 2