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M LESTER AND ANN C HARN ~ , ,~ TO: FROM: COPIES: SUBJECT: DATE: I fIE~e~~en?~~~~ ~:~R City Clerk Paul Rettig - Engineering Department Easements - Re: Your Memo of April 9, 1965 April 13, 1965 It is our opinion that you should record the easement you hold from Blackburn and take no action on the ease- ment we have from Harn. If, after platting the property, this easement is a hardship and not needed, then we could vacate the portions in question. There is no strip left between these two easements. (J.(l - PR: lc - 1'/ ';-3 ~ / ,/'1/' 0~Y " I / " '/ ,.... ,t( ;;.~tl.< " /~ r /ib-; ~ t- 0 t~7" ~ 'll~jjlf'- "1 . .;il!Ji "Jli1:1 '!~r!~:;~~,~ [.....~g.i!iiH,f' .[ " """",~ "u. ,'" c"",,:,~,," ~".! ''fl'"'''' fROM ::;;jC~~;,..,.;,~, ' " ,,", : C", <,:;:111\,;[: ,Y::'!';'jU:.i '''+llfd'I'''il'''' COPIES:, ~.""." ::i,i:!,',I~,:,',l,~,!",ii, ;i:I,!ll:1 ,;:i!,~,. . ..t:;,!', sUaJEC1'.k ": '......t~r!. .; - , :;;:~,..,~(;,::,~,>:':->....!:, 'J_: ,,,', ..,':; <1;::',.&,. 1... ",','1 ,I I "I 1 I FITYOP,CLBARWA'twr -' 1.~~""".tCol'Nipon"'lICe Sli..t '",; 1 :~ '} "{i )1 \ ;";1 j~ Clearwater East South Interceptor CLEI - 29 A I 163' 9 121 M. Lester Harn O,R. 'PAGE EASEMENT I Il{ \. -, -', I ......,~- I 51437B :, FOR AND IN CONSIDE1t.A TION of the sum of One Dollar ($1. 00) cash in hand paid to them ,the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, M. Lester Harn, joined by his wife, Ann C. Harn, do hereby grant and convey to the CITY OF CLEAR WATER, FLORIDA, an easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to wit: TEMPORARY EASEMENT The North 10.0 ft. of the South 15.0 ft. of Lots 25, 26 and 27 of Pinellas Groves in the NE 1/4 of Sec. 19, Twp. 29 S., Rge. 16 E. ; and the North 10.0 ft. of the South 15.0 ft. of Lots 29, 30, 31 and 32 in the NW 1/4 of said Sec. 19, Pinellas Groves, as recorded in Plat Book 1, page 55 of the Public Records of Pinellas County, Florida. Also, the South 10.0 ft. of the North 15.0 ft. of Lots 1, 2, 3 and 4 of Pinellas Groves in the SW 1/4 of Sec. 19, Twp. 29 S., Rge. 16 E.; and the South 10.0 ft. of the North 15.0 ft. of Lots 7 and 8 of Pinellas Groves in the SE 1/4 of said Sec. 19, Twp. 29 S., Rge. 16E., as recorded in Plat Book 1, page 55 of the Public Records of Pinellas County, Florida. This easement is granted for the purpose of allowing access to a permanent easement in which a sanitary sewer is being installed by the City of Clearwater, Florida. It is mutually agreed and understood that the City of Clearwater and/ or its agents will have the right of access for delivery of personnel. equipment and materials over existing traveled roadways to the site of work; the right to clear and dispose of underbrush, vines. brambles and trees less than six . .. {~east}.red. '.. lnches ln dlameter. \at pOlnt two feet above ground) ln sald easement; rlght to remove muck, peat or other soft or unsound material from trench, and to replace same with sound material; and right to enter for surveys and to make borings and soil investigations. This easement is temporary and expires automatically after one year from date hereof or upon the completion of the project, whichever is sooner, unless extended by written agreement of the parties hereto. Restoration of property shall be made as set forth in the Addendum to Easement attached hereto and made a part hereof by reference. IN WITNESS WHEREOF, the part A,es hereto ha ve set hand s and seal s this 11l/L~ day of ~......~ their , 196 , Signed, sealed and delivered in the presence of: ~. ;L:i-fl- ~:/ M. Le ster arn . ~C J'J~ .-' L__ . ,~ ~~ .......-C"~ ~A iY~ Ann C. Ha.;rn STA TE OF FLORIDA ) ) COUNTY OF PINELLAS ) ";0 <1">1 i!= "..~ ::OQ =- -.< ::0 .0 ~ ..m c:::t CO --0 r-- :;iOl2: CX> mtTI :=r- <I::' (l)r'" CiJ:>o 'D z(l) ::z::- '0 (")0 3:: r'"~ .. ,.,..., :=,r- Q") .~ ~ (SEAL) (SEAL) Before me personally appeared M. Lester Harn, joined by his wife, Ann C. Harn, to me well known and known to me to be the individual s described in and who executed the foregoing instrument and acknowledged before me that thev executed the same for the purposes therein expressed. WITNESS my hand and official seal this A. D. 196~3- II It day of --Y1'1~~_ ~ d--/'~ /' #i' ~~~:; . jt;;I.', " Not~r-~~-u-b1ic- .' " My Commission Expires: Notary Public, State of Florida at large My Commission Expires, Oct. 4, 1965 Anag,g Il!f AAIllric8A ~lIf8ty 'e. If Nev; VI'" ',: '-"" -< '.~ -' - ,__~r (- /6 ...~_..., .~ . ' . . I Clearwater East South Interceptor CLEI - 29A I M. Lester H__rn OR 1639 PAGE122 ADDENDUM TO EASEMENT The following requirements will govern clearing, excavation and restoration of property and public rights of way for construction of the interceptor sewer and are an explicit part of the construction contract: Final Cleaning Up Before the work is considered complete, all rubbish and unused material due to or connected with the construction must be removed and the premises left in a con- dition satisfactory to the Owner. All property, both public and private, disturbed or damaged during the prosecution of the work shall be restored to its former condition. Final payment will be withheld until such work is accomplished. Safety, Protection and Sanitation a. Safety The Contractor shall furnish and install all necessary temporary works for the protection of the work and the safety of the public and shall carryon his work in the manner best calculated to avoid injury to the public or to the workmen. b. Protection of Adjacent Property and Utilities The Contractor shall conduct his work in such manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations. Construction Procedure Portions of the work are along the water front of Tampa Bay. It shall be the Contractor's responsibility to preserve, protect and/ or replace existing water front structures, bulkheads, piers, and docks without additional compensation. Earthwork for Pipe Line Construction 1. Clearing (a) Clearing operations in areas of wild growth (brush, mangrove, et c.) shall be confined to the actual easement or right of way provided. Clearing parallel to the provided easement for construction purposes will be allowed if the permission of the property owner is obtained by the Contractor for such clearing. The cleared area shall be of adequate width for purposes of sewer construc- tion, access of equipment, layout and stockpiling of excavated material. Brush and trees cleared from the work site shall be removed from the site and satisfactorily disposed of by the Contractor. Disposal by burning may be allowed if, in the opinion of the Engineer, adequate precaution has been taken to prevent spreading of the fire and nuisance to adjacent properties. The Contractor shall, ho\V~y~r'_cb-,~ Jy.uYu~espoIlsibleforall consequences of sue he burning. .. u (b) Clearing operations in cultivated areas (groves, shrubbery and plant- ings) will be limited to the easement or right of way required and within such right of way to trees and shrubs which must be removed for construction purposes. In public rights of way and in easements on private property all lawns, plantings and shrubs will be restored either by removal and replacement of existing plantings or by replanting with plants equal to that existing prior to construction. The Contractor is expected to coopera.te '-Vith ;nvnlved property owners in protecting existing plantings. Sprinkler systems, cables and/ or other privately owned buried improve- ments shall be protected, preserved and/ or replaced without additional com- pensation. ,,1' ~ ""1 ~- ,'-'~-i.,; .I. :.. It-.-.,.:;.;!: I 51438B clearlater East South Interceptor CLEI 29A O,R. 1639 PAGE123 M. Lester Harn EASEMENT FOR AND IN" CONSIDERATION of the sum of One Dollar ($1. 00) cash in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, M. Lester Harn, joined by his wife, Ann C. Harn, do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to wit: ~ ..i~ ..JO:: c..o u..W - "-' ::c Ou u cz: ..,:Z CT; <0 -I'" .... ..JCl:: wUJ Q) x >0:: ........J a..- ot:) c::::I w' "'" 03: 0:>- D:: 00:: ~ u.... :z: w> a:ooOl: PERMANENT EASEMENT The Southerly 5.0 ft. oLLots 25, 26 and 27 of Pinellas Groves in the NE 1/4 of Sec. 19, Twp. 29 S., Rge. 16 E; and the Southerly 5.0 ft. of Lots 29, 30, 31 and 32 in the NW 1/4 of said Sec. 19, Pinellas Groves as recorded-in Plat Book 1, Page 55 of the public records of Pinellas County, Florida. Also, the Northerly 5.0 ft. of Lots 1, 2, 3 and 4 of Pinellas Groves in the SW 1/4 of Sec. 19, Twp. 29 S., Rge. 16 E; and the Northerly 5.0 ft. of Lots 7 and 8 of Pinellas Groves in the SE 1/4 of Sec. 19, Twp. 29 S., Rge 16 E. as recorded in Plat Book 1, page 55 of the Public Records of Pinellas County, Florida. This easement is for the purpose of the installation of sanitary sewer trunk line and maintenance; and is granted subject to the following conditions to be performed by the City of Clearwater, Grantee: 1. Two (2) cattle gaps shall be located and constructed on the Harn tract at the direction of the Grantor. 2. All existing fences that may be removed in the course of the sewer construction will be completely restored to the satisfaction of the Grantor as provided in the Addendum to Easement. 3. Because the sewer interceptor will interfere with drainage as planned for the d~vel()pmentof the ~Ha:rn T r~ct the'Gity agrees~toconstruct s~utaniCTuslywi:t-h inter-.. c'eptor~at-nocost to Gwner or assigns an inverted sfphoucif not less than-l25 feet in Itmgthto lines and grades and at a location to be specified by Owner's Engineer. 4 .The,ins~al1ation of the sa.id sanitary sewer ,trunk _line .in this easementwill J:>erria(;l~althe~greeQ depth suff~c~ent to prov~de gravity flo\V't() qserve the entire Ha:rnT'r~ct (l60 M.O.L.) at existing g~rouridelevations and providing a maximu.m eIfluenf In:vert elevatibn at manhole at the center of Section 19-29-16 of .j. 5.19 M.S. L. for the 30" intercePfPr easter~v: at O. 0005h6 a.nd fwe,sterlw :.21=in,<<;;h...at-pr 00065. 5. Plugged stubs ViI'l 1 be provltled at man oles or the Connection 0 ateral. sewers at such locations, elevatiori.~Land in ariumber as's'pecl~ieQ by th~--Engine.er for the Grantor. 6. Restoration of property shall be made as set forth in the Addendum to Easement attached hereto and made a part hereof by reference. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described premises and to construct, install and maintain thereon any sanitary sewer line and to inspect and alter such sanitary sewer line from time to time; and, it is hereby further expressly UJiderstood and agreed by-the parties hereto, that the use of such main sewer transmission line will become available to the Grantor at such time as this property may be annexed by the City of Clearwater, Grantee. ~ !N, JV ..'" ITNESS~HEREOF ~ the parties hereto have set their hands and seals this -'L.U::dayof r ~ ,1963. Signed, sealed and delivered in the presence of: )J1;td~ ; ~e(t ;l~ (SEAL) ~ ~._- ~~~...~ 4. >-rr/ j)~ (SEAL) Ann C. Harn Approved and accepted by: .. ~-~-'-- . /"l ,.... -.:=;II( I J O,R, 1639 PAGE124 Clearwat rEast South Interceptor CLEI - 29A M. Lester Harn STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) Before me personally appeared M. Lester Harn, joined by his wife, Ann C. Harn, to me well known and known to me to be the individuals described in and who executed the foregoing instrument and acknowledged before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal this A. D. 1963. //ddayof ~-# ~ ~A..~.... . ~. .i~~.C Not:(y Publit~;( ~____~- ., ::-. .' ~ . "~ . My Commission Expires Notary Public, State of Florida at IJrae My Commission Expires. Oct. 4, 1865 'lOnged by Alii., i...l\ SClret~ Se..' New V'" -2- .."'-~.} .!- . . I Clearwater fast South Interceptor CLEI - 29A . 16 9 M. Lester Harn O.R, 3 PAGE125 ADDENDUM TO EASEW.tENT ~ f ""_-' ~ The following requirements will govern clearing, excavation and restoration of property and public rights of way for construction of the interceptor sewer and are an explicit part of the construction contract: Final Cleaning Up Before the work is considered complete, all rubbish and unused material due to or connected with the construction must be removed and the premises left in a con- dition satisfactory to the Owner. All property, both public and private, disturbed or damaged during the prosecution of the work shall be restored to its former condition. Final payment will be withheld until such work is accomplished. Safety, Protection and Sanitation a. Safety The Contractor shall furnish and install all necessary temporary works for the protection of the work and the safety of the public and shall carryon his work in the manner best calculated to avoid injury to the public or to the workmen. b. Protection of Adjacent Property and Utilities The Contractor shall conduct his work in such manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations. Construction Procedure Portions of the work are along the water front of Tampa Bay. It shall be the Contractor's responsibility to preserve, protect and/ or replace existing water front structures, bulkheads, piers, and docks without additional compensation. Earthwork for Pipe Line Construction 1. Clearing (a) Clearing operations in areas of wild growth (brush, mangrove, et c.) shall be confined to the actual easement or right of way provided. Clearing parallel to the provided easement for construction purposes will be allowed if the permission of the property owner is obtained by the Contractor for such clearing. The cleared area shall be of adequate width for purposes of sewer construc- tion, access of equipment, layout and stockpiling of excavated material. Brush and trees cleared from the work site shall be removed from the site and satisfactorily disposed of by the Contractor. Disposal by burning may be allowed if, in the opinion of the Engineer, adequate precaution has been taken to prevent spreading of the fire and nuisance to adjacent properties. The Contractor shall, hO"'l.'~!er_'-nbe fuJ)Y_J;~ sporl~ibk for ;:) llco~n<:e-s---of--suehburning~ . ._~---- (b) Clearing operations in cultivated areas (groves, shrubbery and plant- ings) will be limited to the easement or right of way required and within such right of way to trees and shrubs which must be removed for construction purposes. In public rights of way and in easements on private property all lawns, plantings and shrubs will be restored either by removal and replacement of existing plantings or by replanting with plants equal to that existing prior to construction. The Contractor is expected to cooporo.to 'Nith involved property owners in protecting existing plantings. Sprinkler systems, cables and/ or other privately owned buried improve- ments shall be protected, preserved and/ or replaced without additional com- pensation. " ,-.