FLORIDA GAS TRANSMISSION COMPANY LLC
,.
Return to:
Paulette U. Trepl
Right of Way Department
Florida Gas Transmission Company, LLC
1226 Tech Boulevard
Tampa, Florida 33619
TRACT NO: FLBVA-PINE-016.4
Parcell. D. No. 08-29-16-00000-230-0300
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the
sufficiency and receipt of which is hereby acknowledged, and the benefits to be derived therefrom, the
CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantor"), does hereby grant
and convey to FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability
company, with principal offices at 5444 Westheimer Road, Houston, Texas 77056 ("Grantee"),
perpetual, non-exclusive easement over, under and across the following described land lying and being
situate in the County of Pinellas, State of Florida, to wit:
A portion of the Northwest % of Section 8. Township 29 South. Ranae 16 East.
Clearwater. Pinellas County. Florida: beina more particularlv described and
depicted in EXHIBIT "A" appended hereto and bv this reference made a part
hereof.
Containina 2.756 SQuare feet (O.06 Acres). more or less ("Easement ")
This Easement is conveyed to Grantee to construct, maintain, operate, inspect, repair, replace,
patrol, change the size of or remove a natural gas transmission pipeline ("Pipeline") and the surface
and subsurface appurtenances thereto, including, but not limited to, markers, vents, cathodic protection
equipment, facilities and apparatus, piping and fittings, fences or other protective devices, which are
necessary in connection with the safe and efficient installation, operation and maintenance of the
Pipeline.
Prior to commencing project construction, Grantee shall provide Grantor true and correct
Pipeline construction plans for Grantor's review and approval, which shall not be unreasonably
withheld. Grantee shall be solely responsible for accurately surveying, locating and functionally
reconstructing and relocating any and all of Grantor's utilities constructed within the Easement that
may conflict with Grantee's facilities. Grantee shall obtain all governmental and regulatory permits
required to exercise the rights granted herein.
Grantee shall have the right and option to operate the Pipeline facilities for its own use or to
lease, sell or assign any or all of the capacity of the Pipeline or the rights thereto. Nothing herein shall
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT - I -
be construed as granting an interest to third parties and Grantee shall indemnify and remain fully liable
to Grantor for all claims whatsoever that may arise as a result of the use of Grantee's pipeline capacity
as described above.
During construction, and in accordance with plans provided to and approved by Grantor,
Grantee shall bury the Pipeline to provide a minimum ground cover of thirty-six inches (36"), except in
rock, where a minimum ground cover of twenty-four inches (24") will be provided. Grantee shall
maintain such ground cover following any maintenance or future replacement of the Pipeline, unless
Grantor agrees otherwise. Grantor covenants with Grantee that Grantor shall not reduce the depth of
ground cover following construction or replacement.
Grantee covenants and agrees with Grantor that Grantee shall at all times during the exercise
of rights conveyed herewith, except as provided hereafter, maintain safe and reasonable public access
and transit to all users of the Ream Wilson Clearwater Trail ("Trail") as same shall traverse and
encumber the Easement. Exceptions:
(a) Grantee shall have the right and privilege of limiting or closing public access and transit
to all users of the Trail ("Closure") for a total of twenty-one (21) days during the term of the Temporary
Construction Easement ("TCE") granted of even date herewith. Closure shall be limited to a single
interruption or Closure of fourteen (14) days for the purpose of drilling and installing the Pipeline, and
for a later Closure period of seven (7) days for the purposes of connecting the existing Pipeline to the
newly installed Pipeline. Public access and transit over and across the Trail shall otherwise be safely
maintained at all other times, except in provided in (c) below.
(b) During Closure as provided above, Grantee shall post precautionary signs at the Trail's
intersections with Old Coachman Road and Fairwood Avenue advising the public of Trail Closure
beyond those intersections. The precautionary signs shall specify the true and correct beginning and
end dates of each closure as provided above.
(c) In any instance public safety and welfare demands emergency repair of the Pipeline,
Grantee shall always and in every case take all reasonable measures to protect and assure
uninterrupted safe and reasonable use of the Trail by the g,eneral public.
Grantee covenants and agrees with Grantor that at all times during the exercise of rights
granted herein Grantee shall hold harmless and indemnify Grantor against all claims, liabilities,
expenses and losses as may be incurred arising out of or related to this grant of Easement, including
but not being limited to (a) failure by Grantee, or its agents, to perform any provision, term, covenant or
agreement required to be performed by Grantee in consideration of this grant of Easement; (b) any
occurrence of injury, damage or death to persons, including third parties, and personal or real property,
including any and all of Grantor's utility infrastructure as same is or may be lawfully constructed within,
upon and under lands within which Grantor and Grantee utility infrastructure may be collocated
throughout the project limits; (c) failure to comply with any requirements of any governmental authority,
bonding or insuring company; (d) any security agreement, conditional bill of sale, chattel mortgage,
mechanics liens connected with Grantee's activities and operations undertaken pursuant to this
Easement grant; and (e) any and all improvements, their construction, alteration, maintenance, repair
or replacement within and through the Easement and throughout the project limits. Such covenants to
hold harmless and indemnify Grantor shall include reasonable attorneys fees for all proceedings, trials
and appeals as may result from Grantee default. Nothing herein shall be construed as consent by
Grantor to be sued by third parties or as a waiver of Sovereign Immunity or the terms and limitations of
768.28, Florida Statutes or other applicable law.
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT .2.
Subject to Grantee's rights herein conveyed, Grantee, at Grantee's sole cost and expense,
shall restore the surface of all disturbed areas within the Easement to original contour and condition, as
near as reasonably practical, not later than completion of any work project undertaken within the
Easement in the exercise of rights granted herein. It is expressly understood that Grantor reserves all
rights of ownership of the easement premises not inconsistent with the easement rights granted herein.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein
described Easement, and that Grantor has full right and lawful authority to grant and convey this
easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment
of this Easement.
This Easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns.
The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the
written mutual agreement of both parties, or by abandonment of the Easement by Grantee.
IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly
executed this I ifr:J'.. day of JL.. fJ HJ.k- , 2007.
6
Countersigned: CITY OF CLEARWATER, FLORIDA
--L..-.~ ;/ ~ By#J~~
""Frcrnk V. Hibbard, Mayor William B. Horl')s,.It,' City Manager
Approved as to form:
Attest
--
STATE OF FLORIDA :
: SS
COUNTY OF PINELLAS :
of the City of Clearwater, Florida, who is personally known to me, and who acknowledged
execution hereof to be his free act and deed for the use and purposes herein set forth.
~t . ~ ( My commission expires:
Notary Public - State of Florida
0/~4L tf 114'/1/11
Type/Print Name
Before me, the undersigned authority, personally appeared FRANK V. HIBBARD, Mayor
the
~y~
;'~i
Itl/ff\.li
(407) 398-0153
DIANE E MANNI
MY COMMISSION # DD526033
EXPIRES: Mar. 6, 2010
AorIda NotaJy Senitce.com
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT - 3 -
STATE OF FLORIDA :
:,SS
COUNTY OF PINELLAS :
Before me, the undersigned authority, personally appeared WILLIAM B. HORNE, II, the
City Manager of the City of Clearwater, Florida, who is personally known to me, and who
acknowledged thee execution hereof to be his free act and deed for the use and purposes herein set
forth.
~~~.
Nc5tary Public - State of Florida "
~Ua.r~'~eJ
Type/Print Name
My commission expires:
...~.~ SANDRA HARRIGER
Q)i.: : ~ MY COMMISSION # DD 278716
~ . EXPIRES: January 4, 2008
iIf.. . Bonded Tlvu NaCIIy PUbIlc UnderwrIters
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT - 4 -
I
{
I
..
I
f
I
I
,,4'H",~
...O':'...EAIr.;:'\.
f.~~~'\
<J "I, .l
g -. lP
\~'\:- '#/
~'~H;~.,.'~
EXHIBIT
"A"
THIS IS NOT A SURVEY!!
~~ ~C~~Nr-29_'6
.
~ill
~"l~
51'"
S8ll'OLlZ"E
lZ0.X'
r
PERPETUAL PIPELINE EASEMENT
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8;
THENCE SOO'52'48"W. ALONG THE WESTERLY BOUNDARY OF THE
NORTHWEST ~ OF SAID SECTlON 8. A DISTANCE OF 2369.38
FEET; THENCE LEAVING SAID WEST BOUNDARY S89'07'2'E, A
DISTANCE OF 120.00 FEET TO THE EAST RIGHT OF WAY LINE OF
US HIGHWAY 19; AND THE POINT OF THE BEGINNING; THENCE
CONTlNUING S89'07'2'E, A DISTANCE OF 10,00 FEET; THENCE
S02'50'42'E. A DISTANCE OF 141.99 FEET; THENCE S02'37'33"W.
A DISTANCE OF 134.46 FEET TO THE NORTHERLY LINE OF THE
PINELLAS COUNTY PROPERTY; THENCE N89'30'42"W. ALONG SAID
NORTHERL Y LINE. A DISTANCE OF 9.96 FEET; THENCE LEAVING
SAID LINE. N02'37'33'E. A DISTANCE OF 134.11 FEET; THENCE
N02'SO'42"W. A DISTANCE OF 142.41 FEET. TO THE POINT OF
BEGINNING. CONTAINING 2756 SQUARE FEET OR 0.06 ACRES.
MORE OR LESS.
PERPETUAL PIPELINE EASEMENT
CITY OF CLEARWATER. FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
S6S'07'lZ"E
10.00'
_ S _ ~
jt8i ~~
~ . 18 ...
. 'J . ~
i" l'
::1-.. ::I'
J;; .., " ~
. ~ !" ~
S - "'-
z 51
N8S~.W
S.915'
~
~@:OO'U'lX)