FLORIDA POWER CORPORATION (4)
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DRAINAGE EASEMEl,T AGREEMENT
THIS DRAINAGE EASEr-lENT AGREEMENT, Made and entered into this 7th day of
March , A.D. 1975, by and between FLORIDA POWER CORPORATION, a private
corporation of the State of Florida, Party of the First Part, GRANTOR herein, and the
CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, Party of
the Second Part, GRANTEE herein;
NOW, THEREFORE, WITNESSETH, That, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable considerations in hand paid by GRANTEE to GRANTOR, the
receipt of which is hereby acknowledged, GRANTOR does he reby grant and convey to GRANTEE
the right, privilege and easement to construct, install, utilize and maintain underground
reinforced concret('- storm drainage pipes with <a.ppurtenant junction hoxes,-weirboxesand
headwalls and thereby to incorporate an existing lake into GRANTEE'S comprehensive area
drainage plan, said pipes, appurtenances and lake involving and being located in a seg-
ment of GRANTOR'S 223-foot wide fee-owned right-of-way strip extending North from Nursery
Road in the County of Pinellas and State of Florida more particularly described as follows:
Beginning at the Southwest corner of the S~ of the NE~ of the SE~
of Section 19, Township 29 South, Range 16 East, said corner being
in the center line of Nursery Road, also known as County Road No.
115; thence North 00 50' 45" East, along the West boundary of said
S~ of NE~ of SE~, 485.40 feet to the Northwest corner of the South
150.00 feet of the N~ of S~ of NE~ of SE~; thence South 890 43' 47"
East, along the North boundary of said South 150.00 feet of the
N~ of S~ of NE~ of SE~, 223.20 feet to a point that is 175.00 feet
Easterly from and at right angle to the center line of GRANTOR'S
existing Higgins-Disston l15KV steel tower electric transmission
line, thence South 00 50' 23" West, parallel to the center line of
said transmission line, 485.48 feet to a point in the center line
of said Nursery Road; thence North 890 42' 35" West, along said
center line, 223.25 feet to the Point of Beginning (subject to
right-of-way for Nursery Road) and hereinafter referred to as the
"Drainage Easement Area".
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GRANTEE shall have the right to inspect, improve, repair and/or replace said
underground drainage pipes and appurtenances, 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:
1. That GRANTEE shall notify GRANTOR'S Superintendent of Transmission Construc-
tion and Maintenance (Telephone: 813/866-5240, St. Petersburg) at least 48 hours prior
to each initial entry by GRANTEE for new construction activities upon and within the
Drainage Easement Area so GRANTOR'S representative may have the option of being present
to observe such activities. (GRANTEE'S entry upon and within the Drainage Easement Area
for routine maintenance activities, however, does not require prior notice to GRANTOR.)
2. That GRANTEE shall furnish to GRANTOR'S Upper Suncoast Division Engineer
(2166 Palmetto Street, Clearwater, FL 33515) an engineering drawing showing plan and
profile ,views and construction details of each new phase of the underground drainage
pipes and appurtenances proposed for installation within the Drainage Easement Area from
time to time, and said Division Engineer will within 30 days arrange for GRANTOR'S
review and approval (or feasible alternative suggestions) of the proposal and issuance
of clearance for GRANTEE to proceed with construction as appropriate.
3. That due to the presence of GRAN10RIS underground fuel oil pipeline within
the Drainage Easement Area, GRANTEE shall directly notify the person of Mr. Daniel M.
Falvey (Telephone : 813/866-5729, St. Petersburg) if any of GRANTEE'S proposed activities
will result in excavation, cut, graeling or earthwork of whatever nature within the West
100 feet of the 223-foot wide Drainage Easemvnt Area, and under no circumstances shall
any such activities be commenced by GRANTEE within said West 100 feet until Mr. Falvey
himself (a) has physically visited the site in company with GHANTEE'S designated respon-
sible representative and (b) has personally authorized the manner in which GRANTEE'S
proposed activities may be conducted within said West 100 feet, anything in this agree-
ment to the contrary notwithstanding.
4. That other than preliminary trenching in preparation for GRANTEE'S under-
ground drainage pipe installations, no open ditches shall be allowed anywhere within
the Drainage Easement Area, and upon completion of each phase of GRANTEE'S installa-
tiollswithin the Drainage Easement Area, all excavation in connection therewith shall
be backfilled, compacted, graded and leveled by GRANTEE and all disturbed areas shall
ThIs document prepared by H. A, EVERTZ III
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; . "- Fla. Pow.r Corp.
P. O. Box 14042" S1. Peteroburl, Fl., 33733
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RETURN TO:
CITY CLERIC
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be seeded or sodded with Bahia grass and cultivated by GRANTEE until a standing growth
acceptable to GRANTOR'S Transmission Construction and Maintenance Department is estab-
lished.
5. That GRANTEE hereby assumes the duty, responsibility and obligation of
mowing and otherwise maintaining the condition and appearance of the entire 223-foot
wide Drainage Easement Area, including the existing lake therein and ail er~sion
repair and control as required.
6. That all of GRANTEE'S operations and activities within the Drainage Easement
Area shall at all times be in strict compliance with applicable provisions of the National
Electrical Safety Code and the rules and regulations of the Florida Industrial Corrnnission
and the Federal Departmentof Transportation. '" ','. "., ", ," ".U u__ '.,
7~ -ThatGRANTEE;~in andaoo-ut'l:Es -acl:Tvities within and/or its -occupancy and
utilization of the Drainage Easement Area, and GRANTEE so covenants, shall not therein
interfere with the safe and efficient operation and maintenance of GRANTOR'S electric
power lines, fuel oil pipeline and related facilities. IT IS EXPRESSLY UNDERSTOOD AND
AGREED that if any of GRANTEE'S underground drainage pipe installations are to be in
proximity to the existing wood poles carrying GRANTOR'S overhead electric distribution
line along the East edge of the Drainage Easement Area, ,GRANTEE shall exercise sound
engineering judgment during excavation activities and while the trench is open toade-
quately support and protect said existing poles.
8. That GRANTOR hereby expressly reserves unto itself, its successors, lessees,
and assigns, the continued right to occupy and utilize the entire Drainage Easement Area,
and GRANTOR shall not be liable for damage to GRANTEE'S installations howsoever result-
ing from GRANTORIS occupancy and utilization of the Drainage Easement Area.
9. That in the event there should subsequently develop a conflict of GRANTOR'S
existing or future facilities with GRANTEE'S installations within said Drainage Easement
Area, such conflict shall be resolved (a) by GRANTEE rearranging or otherwise adjusting its
installations, or (b) by GRANTOR relocating or rehabilitating its facilities, with the
further understanding that the alternatives to resolve conflict shall be at the option
and at the sole expense of GRANTEE. Further, if GRANTOR determines that cathodic protec-
tion is required for GRANTOR'S facilities due to the presence of GRANTEE'S installations
within the Drainage Easement Area, the cost of furnishing and installing such necessary
protective devices shall be borne solely by GRANTEE.
10. That GRANTEE hereby expressly agrees to answer any and all complaints and to
defend, hold harmless, and indemnify GRANTOR from and against any and all actions or
damages,including costs and attorney's fees, occasioned by or growing out of any actual
or claimed usage or condition of the Drainage Easement Area, including but not limited
to (a) pollution or stagnation of lakes or ditches, (b) flooding of lakes, ditches or sur-
rounding lands, 'and/or (c) lowering of lake levels or lowering of water table levels on sur-
rounding lands,any of which resulting in any manner whatsoever, directly or indirectly, by
reason of this grant of easement or the presence of GRANTEE'S installations within said Drain
age Easement Area.
11. That nothing contained in this Drainage Easement Agreement or contemplated is
intended to or shall increase GRANTOR'S risk of liability for personal injury or death or
for any property damage beyond that which GRANTOR might have had except for this grant of
easement, and it is hereby expressly understood and agreed (a) that GRANTOR does not
assume any such additional risk and (b) that liability arising out of the use, occupancy
and maintenance of the Drainage Easement Area by GRANTEE, its employees, agents, con-
tractors and/or any representative is hereby assumed by GRANTEE and shall be at the sole
and exclusive risk of GRANTEE.
12. That GRANTEE hereby expressly warrants all installations covered herein will
be in full compliance with all local codes, ordinances and requirements.
13. That GRANTEE shall furnish a copy of the resolution or ordinance authorizing
GRANTEE'S acceptance of this grant of easement, shall mark said copy EXHIBIT "A", and
shall attach the marked copy hereto as a part hereof.
,14. That GRANTEE, its successors, lessees and assigns, shall not build, construct
or create any buildings or structures, other than the said underground drainage pipes and
appurtenances, within the said Drainage Easement Area.
15. That upon GRANTEE'S breach of any covenant or condition contained herein,
this Drainage 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 fiv~ (5) working days after receipt of such written notification, shall cease and
terminate and shall become null and void and the right, privilege and easement herein
granted shall thereupon irrnnediately revert to the GRANTOR in absolute.
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Ui R.4213 PACE 530
16. That th is Drainage Easement Agreement shall inure to the benefit of and be
binding upon the Parties hereto and their respective successors, lessees and assigns.
The GRANTOR covenants that it has the right to convey this Drainage Easement
Agreement and that the GRANTEE, its successors, lessees and assigns, shall have quiet
and peaceful possession, use and enjoyment thereof subject to the above terms and con-
ditions.
IN WITNESS WHEREOF, the Parties hereto have caused these presents fa be signed
in their respective corporate names by their proper officers or officials thereunto
duly authorized and their respective corporate seals to be hereunto affixed and attested,
all as of the day and year first above written.
FLORIDA POWER CORPORATION
(GRANTOR)
Signed, sealed and delivered
in the presence of:
By
(SEAL)
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Signed, sealed and delivered
in the presence of:
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CITY OF CLEARWATER, FLORIDA
(GRANTEE)
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Title: Mayor-Commissioner
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Approved as to form and correctness:
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RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARVvATER, FLA. 33518
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This instrume\t was 'epal'ed by:
HE,RBEI~T .I\'l. T;\~C' ,N, C~ty Altorney
Clt.y Gf Clca. \;' cr, P. O. Box 47'18
Clear\'l' cr, i'loricla 33618
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(J. .. 4273 ~GE 531
STATE OF FLORIDA )
SS.
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this 7 day of /I'lld IZ.C/../
me personally appeared 4. ...J. Ol</L'1...es 7d A.J
13e7TY IV). e("AJ'1"7~"J ,respectively
Vice President andA661;:57/J /lJ 7 Secretary of FLORIDA POWER CORPORATION,
a corporation of the State of Florida, to me known to be the persons described in and
who executed the foregoing instrument and severally acknowledged the execution thereof
.___t::Q._ub,g_the:tLfx.e.e.u<icLand OPPO ;)1'l 1'l1Jr.h officer~~ the.-USe.s..--au.d-pur~-th-€rain--men-"
tioned; and that they affixed thereto the official seal of said corporation, and the
said instrument is the act and deed of said corporation.
, A.D. 1975, before
and
WITNESS my signature and official seal in said Cou
last aforesaid.
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and State, the day and year
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Notary PllbliC~:.sia~, dt"'Eloiiil~ at Larg&
My Commission' Expires APRIL 7. 1978
* * * * * * * * * *
STATE OF FLORIDA )
SS.
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this oZ<ltX.
before me personally appeared Picot B. Floyd,
anr'l Hp,..hp,..t 1\A' R,..o,xm
day of ~~ , A.D. 1975,
Gabriel Cazares, R. G. Whitehead,
,respectively Ci ty Manager. Mayor-Commis sioner ,
City Clerk and City Attorney
, of the CITY OF CLEARWATER, FLORIDA, a municipal corpora-
tion of the State of Florida, to me known to be the persons described in and who executed
the foregoing instrument and severally acknowledged the execution thereof to be their free
act and deed as such officers, for the uses and purposes therein mentioned; and that they
affixed thereto the official seal of said corporation, and the said instrument is the act
and deed of said corporation.
WITNESS my signature and official seal in said County and State, the day and year
last aforesaid.
(Notarial Seal)
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My Commission Expires:
Notary Public, State ef florIda at large
My Commisiion ExpIres Sept. 29, 1977
80ntlecl by American Fire & Casualty Ca.
~ETURN TO:' ,~
CITY CLERK
. P. O. BOX 4748
CLEARWATER, FLA. 3351$
This in,c;b':ll. ..,:.!\\.; pre~,')m'('d by:
Hf~I\.In-=~::'~_~' ~\.:. :~ :'~~' <'. P~:-.:~:)rney
Ci<;:Y Gt C:,," J':,l!. (1, R.. ,:7118
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