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NOTICE OF CONDEMNATION
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Case No. 8:18-cv-03059
Tract Nos: FLMEF-HILL-199.00 FLMEF-HILL-200.00
FLMEF-HILL-210.00
FLMEF-HILL-210.05
FLMEF-HILL-211.00
FLMEF-HILL-212.00
FLMEF-HILL-214.00
FLORIDA GAS TRANSMISSION COMPANY, LLC,
Plaintiff, vs.
+/- 9.65 ACRES OF LAND IN HILLSBOROUGH COUNTY, FLORIDA WAYNE G. MOSS, BRENDA K. MOSS, FARM CREDIT OF CENTRAL FLORIDA, ACA, TAMPA ELECTRIC COMPANY, IMC DEVELOPMENT CORP., as successor to ALAFIA-KEYSVILLE LAND CO., RAYMOND E. CONRAD, PATRICIA A. CONRAD, UNKNOWN OWNERS, IF ANY,
Defendants.
TO: WAYNE G. MOSS, BRENDA K. MOSS, FARM CREDIT OF CENTRAL FLORIDA, ACA, TAMPA ELECTRIC COMPANY, IMC DEVELOPMENT CORP., as successor to ALAFIA-KEYSVILLE LAND CO., RAYMOND E. CONRAD, PATRICIA A. CONRAD, AND UNKNOWN OWNERS, IF ANY
This Notice of Condemnation is served pursuant to Fed. R. Civ. P. 71.1(d).
1. Plaintiff, Florida Gas Transmission Company (“FGT”), has filed a complaint in the United States District Court of the Middle District of Florida (Tampa Division) (the “Court”) to acquire by condemnation certain easement interests over and across real property which you own or in which you hold an interest (the “Subject Easements”). The subject Easements interests at issue are necessary for FGT to construct and operate a natural gas pipeline and related facilities and appurtenances in connection with the Okeechobee Expansion Project (the “Project) as approved by the Federal Energy Regulatory Commission under FGT's Blanket Certificate (Docket No. CP82-553-000; Docket No. CP18-531-000) (the “FERC Certificate”).
2. You may have a claim or interest in the property over which the Subject Easements are to be taken by condemnation. That property is located in Hillsborough County, Florida, and is described more particularly as:
Tract No.
Folio No.
FLMEF-HILL-199.00
093662-0000
FLMEF-HILL-200.00
093661-0000
FLMEF-HILL-210.00
093498-5100
FLMEF-HILL-210.05
093748-0000
FLMEF-HILL-211.00
093745-0020
FLMEF-HILL-212.00
093745-0000
FLMEF-HILL-214.00
093750-0000
3. The Subject Easements are more fully described in Exhibit “A”.
4. The authority for the taking by condemnation is the Natural Gas Act, 15 U.S.C. § 717f(h) 2014, and the FERC Certificate.
5. You may serve an answer on the Plaintiff's attorney within 21 days after being served with this Notice.
6. Failure to serve an answer will constitute consent to the taking and to the Court's authority to proceed with the action and fix the compensation.
7. If you do not serve an answer, you may file a notice of appearance.
8. Pursuant to Fed. R. Civ. P. 71.1(d)(2)(B), the name of the Plaintiff's attorney is Ethan J. Loeb, Esquire. His telephone number is (813) 223-3888. His email address is [email protected]. Mr. Loeb may be served at Smolker, Bartlett, Loeb, Hinds & Thompson, P.A., 100 N. Tampa Street, Suite 2050, Tampa, Florida 33602.
Dated this 20th day of December, 2018.
/s/ Ethan J. Loeb
ETHAN J. LOEB
Florida Bar No. 0668338
[email protected]
[email protected]
JON P. TASSO
Florida Bar No. 0120510
[email protected]
[email protected]
ALLISON DOUCETTE
Florida Bar Number 0085577
[email protected]
[email protected]
SMOLKER, BARTLETT, LOEB,
HINDS & THOMPSON, P.A.
100 N. Tampa Street, Suite 2050
Tampa, Florida 33602
Attorneys for FGT
EXHIBIT A
Natural Gas Pipeline Easement - FL
This Document Prepared By and Return To:
Florida Gas Transmission
Company, LLC
Right of Way Department -
Attn: Beth Porter
2405 Lucien Way, Suite 200
Maitland, FL 32751
Grantee:
Florida Gas Transmission Company, LLC
1300 Main Street
Houston, Texas 77002
NATURAL GAS PIPELINE EASEMENT
TRACT NO: FLMEF-HILL-199.00 & FLMEF-HILL- 200.00
The Undersigned, WAYNE G. MOSS, a married man (“Grantor,” whether one or more), being the owner(s) of, or having an interest in, that certain tract of land situated in Hillsborough County, Florida and more particularly described in Exhibit “A” attached hereto (“Lands”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00), the receipt and sufficiency of which Grantor hereby acknowledges, does hereby grant, convey, and warrant the permanent easement, the temporary construction easement, the extra temporary construction easement and access roads herein conveyed to FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company (“Grantee”), with its principal offices at 1300 Main Street, Houston, Texas 77002, and to Grantee's successors and assigns, along with the exclusive and perpetual right, privilege and easement for and to construct, install, maintain, operate, inspect, patrol, test, repair, alter, substitute, relocate, resize, replace and remove (collectively, the “Pipeline Operations”) a single underground transmission pipeline system for the transportation of natural gas, and above-ground, surface and subsurface appurtenances thereto, including but not limited to markers, AC mitigation systems and components, cathodic and lightning protection systems and components, and other like protective devices, piping, fittings, and fences or other like protective devices, and such other improvements as are reasonably necessary in connection with the transportation of natural gas by means of the pipeline (collectively, the “Pipeline Facilities”) on, under, above, across, within and through a part and strip of the Lands, as described on Exhibit “A-1” attached hereto (“Permanent Easement”), together with the right to utilize Grantee's existing easement or easements as well as such additional portions of the Lands identified and described on Exhibit “A-1” as temporary construction easements for workspace, movement, storage and staging of personnel, materials, supplies and equipment, ingress and egress during the initial construction and installation of the Pipeline Facilities, except at road crossings, jurisdictional wetland crossings, tile crossings, river and stream crossings or areas with unusual construction problems where extra temporary construction easement(s) may be utilized (collectively the “Temporary Construction Easement”).
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, for the purpose of conducting the Pipeline Operations with respect to such Pipeline Facilities.
As further consideration for the payment made by Grantee hereunder, Grantor and Grantee further agree with respect to the Pipeline Facilities, the Permanent Easement and the Temporary Construction Easement that:
1. Exhibit “A” describes the Lands and Exhibit “A-1” describes the Permanent Easement, the Temporary Construction Easement and the access roads. Exhibit “A” and Exhibit “A-1” are attached hereto and by this reference are made a part hereof for all purposes.
2. Grantor represents to Grantee that [please initial in the space provided and complete as appropriate]:
__ The Lands are leased or rented to __________, for the period beginning _____, 20__, and ending ____, 20__;
Or,
____ The Lands are not leased, rented or occupied by any lessee or tenant.
3. Grantor does hereby fully warrant the title to the Lands and will defend the same against the lawful claims and demands of all persons whomsoever, including, without limitation, tenants on the Lands, whether identified above or not. Grantor shall receive payment hereunder in such proportion as the interest of Grantor bears to the full fee simple title to the Lands encumbered by the Permanent Easement and the Temporary Construction Easement.
4. Those portions of the Lands, if any, designated as access road(s) shall be limited solely to ingress and egress for movement of personnel, materials, supplies and equipment for the purposes enumerated herein.
5. If applicable, the Temporary Construction Easement rights acquired are the temporary right, privilege and easement for use as work space for movement, storage and staging of personnel, materials, supplies and equipment, ingress and egress, for the purpose of conducting Pipeline Operations to construct and install and initially maintain, operate, inspect, test, repair, patrol, alter, substitute, relocate, resize, replace and remove Grantee's Pipeline Facilities located on the Permanent Easement, Grantor's other property encumbered by Grantee and on other lands. However, those portions of the Lands, if any, designated as temporary access road(s) shall be limited solely to ingress and egress for movement of personnel, materials, supplies and equipment for such purposes enumerated herein.
6. Grantee shall have the right of ingress to and egress from the Permanent Easement and the Temporary Construction Easement (during the length of its term) by means of the Permanent Easement, the Temporary Construction Easement (during the length of its term), and adjacent public or private roadways, easements or rights-of-way owned, held or lawfully available to Grantee, including any other property over which Grantee has access rights, for the purposes of Pipeline Operations with respect to such Pipeline Facilities located, in whole or in part, on the Permanent Easement, the Temporary Construction Easement(s) (during the length of its term) and performed at the will of the Grantee.
7. Grantee shall have use of the Temporary Construction Easement as work space for purposes of staging or storage of equipment, supplies or materials, and ingress and egress, and for the movement of personnel, supplies and equipment related to initial Pipeline Operations in connection with Grantee's Pipeline Facilities. The rights of Grantee with respect to the Temporary Construction Easement shall commence on April 1, 2019 and shall terminate and expire upon the earlier of July 31, 2019 or the date on which Grantee completes the initial construction and installation of the Pipeline Facilities.
8. Notwithstanding the termination and expiration of the Temporary Construction Easement(s) for purposes of constructing and installing the Pipeline Facilities, as set forth in paragraph 7, above, if applicable, Grantee shall retain and Grantor hereby grants to Grantee, right of access and entry to only those portions of the Temporary Construction Easement, if any, determined to be, or identified as, jurisdictional wetlands solely for purposes of Grantee's mitigation, restoration, maintenance and monitoring activities conducted in satisfaction of Grantee's governmental permit(s) requirements. However, in any event, the Temporary Construction Easement(s) automatically shall terminate and expire for all purposes and in all respects upon the passage of five (5) years after the latter of:
(a) twenty-four (24) months after April 1, 2019; and;
(b) the date on which Grantee completes the initial construction and installation of the Pipeline Facilities.
9. Grantor retains the right and may continue to use the Permanent Easement or Temporary Construction Easement for any lawful purposes that do not interfere with Grantee's rights acquired hereunder; provided, however, that Grantor shall neither create nor maintain any reservoir or water impoundment, plant and maintain any deep-rooted trees, construct nor permit to be constructed any building, structure, excavation or other improvement or obstruction, on, over, under, above, across, within or through the Permanent Easement or Temporary Construction Easement (for as long as it shall exist) or Permanent and/or Temporary Access Easement(s) which would directly interfere with the exercise by Grantee of the rights hereby conveyed, including ingress to and egress from the Permanent Easement and Temporary Construction Easement (for as long as it shall exist), and the safe and efficient conduct of the Pipeline Operations relating to the Pipeline Facilities. Grantee agrees to provide Grantor, either upon Grantor's request or at Grantee's option to initiate, a prior written determination that any particular exercise of the right to use the Permanent Easement, Temporary Construction Easement or any Permanent and/or Temporary Access Easement(s) by Grantor does not directly interfere with the safe and efficient exercise of Grantee's rights, which determination shall not be arbitrarily or unreasonably withheld, delayed, or conditioned.
10. The consideration Grantee paid for the Permanent Easement and the Temporary Construction Easement in the amount set forth above, includes compensation for all merchantable timber, natural and decorative trees, landscaping, grasses, shrubbery, growing crops, improvements and Grantor's other property items which are compensable according to applicable Florida law (including but not necessarily limited to fences, roads, driveways, sidewalks, parking areas) that Grantee might remove from the Permanent Easement, the Temporary Construction Easement, and any Permanent and/or Temporary Access Easement(s) unless Grantee at its option chooses to repair, relocate or replace such items at Grantee's own expense pursuant to the provisions of paragraphs 11(a), 12 and 16, below.
11. Before initial construction of the Pipeline Facilities, Grantee, at its option, shall:
(a) relocate or replace any pre-existing fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields located on the Permanent Easement and Temporary Construction Easement with the same, like or better quality at a different location on the Permanent Easement or Temporary Construction Easement or at such location on the Grantor's remaining Lands as agreed to by Grantor and Grantee; or
(b) Grantee shall pay Grantor an additional sum sufficient for Grantor to
relocate or replace any such pre-existing fences, roads, driveways, sidewalks and parking areas, irrigation systems, wells, septic tanks and septic drain fields with the same, like or better quality.
12. Throughout the duration of the Temporary Construction Easement, and to the extent damage results from use by Grantee or its agents of the Permanent Easement or Temporary Construction Easement during initial construction and installation of the Pipeline Facilities, Grantee will maintain and repair any pre-existing fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields located on the Permanent Easement or Temporary Construction Easement that were not removed, relocated or replaced prior to initial construction of the Pipeline Facilities, and Grantee will maintain and repair any new fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields that were relocated or replaced on the Permanent Easement or Temporary Construction Easement prior to initial construction of the Pipeline Facilities that were damaged from use of the Temporary Construction Easement by Grantee, its agents or contractors during initial construction and installation of the Pipeline Facilities.
13. During construction, Grantee will bury the pipeline to provide a minimum cover of thirty-six inches (36”), except in rock where a minimum cover of twenty-four inches (24”) will be provided. Grantor shall not reduce the post-construction depth of cover over the pipeline.
14. Grantee may displace any gopher tortoises found within the Permanent Easement, the Temporary Construction Easement, or any Permanent and/or Temporary Access Easement to another location on the Permanent Easement or Temporary Construction Easement, or off the Lands of Grantor (e.g., to a temporary holding pen), and return them as near to their original location on the Permanent Easement or Temporary Construction Easement as practicable after initial construction and installation of the Pipeline Facilities is completed.
15. To the extent that Grantee may engage in excavation, Grantee shall remove from the surface of the Permanent Easement all three-inch (3”) or greater diameter rock excavated from the trench across tillable portions of the Permanent Easement.
16. Subject to, and to the extent not inconsistent with, Grantee's rights under this Natural Gas Pipeline Easement, after initial construction of the Pipeline Facilities, Grantee shall, to the extent practicable, relocate or replace with the same, like or better quality and at their original locations or as near thereto as is reasonably practicable, all fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields, that Grantee damaged or caused to be removed, relocated or replaced from the Permanent Easement and Temporary Construction Easement before or during initial construction of the Pipeline Facilities, unless Grantee has previously chosen to pay Grantor for such items pursuant to the provisions of paragraphs 10 and 11(b), above.
17. Subject to Grantee's rights hereunder and to the extent not inconsistent therewith, Grantee will restore the surface of all disturbed areas within and outside of the boundaries of the Permanent Easement and Temporary Construction Easement to original contour and condition, as near as is reasonably practicable, to the extent the damage or disturbance of results from the Pipeline Operations, except for the surface beneath any above-ground Pipeline Facilities installed in the Permanent Easement. Grantee will also restore the surface of all disturbed areas of any existing or new access roads to its original contour and condition, as near as is reasonably practicable, to the extent utilized by Grantee and the damage or disturbance to which results from use by Grantee or its agents. Grantee shall plant grass seed on all other land surfaces disturbed by the Pipeline Operations.
18. It is expressly provided that after initial construction and installation of the Pipeline Facilities, Grantee shall have the right, but not the obligation, (without liability for damages) from time to time to reclear the Permanent Easement and any Permanent and/or Temporary Access Easements by cutting and removing therefrom trees, brush and other obstructions that may, in the reasonable judgment of Grantee or pursuant to regulatory requirements, injure, endanger or interfere with Grantee's use of the Permanent Easement or any Permanent and/or Temporary Access Easement(s), or which endanger the Pipeline Facilities.
19. Grantee shall have the right to erect, and shall bear the cost and expense of maintaining, a fence or other protective barrier, with gate(s), around the above-ground Pipeline Facilities constructed on the Permanent Easement in compliance with all applicable codes, laws, and regulations.
20. Grantee may assign its rights acquired under the provisions of this Natural Gas Pipeline Easement in whole or in part, and 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 Facilities or the rights thereto.
21. This Natural Gas Pipeline Easement incorporates and describes all of the grants, undertakings, conditions and consideration of the parties. Grantor, in executing and delivering this Natural Gas Pipeline Easement, represents that Grantor has not relied upon any promises, inducements or representations of Grantee or its agents or employees, except as are expressly set forth herein.
22. Nothing contained herein shall be deemed or construed to be a merger, release, waiver, modification or amendment of any rights Grantee presently owns or holds, as reflected in the official records of the county where the Permanent Easement, Temporary Construction Easement and Permanent and/or Temporary Access Easement(s), if any, are located, including but not limited to easements encumbering other portions of Grantor's property.
23. This Natural Gas Pipeline Easement may be executed in counterparts, all of which together shall constitute a single document.
24. The rights, benefits, burdens and obligations acquired or assumed under the provisions of this Natural Gas Pipeline Easement shall inure to, benefit, bind and oblige Grantor, Grantee and his, hers, its or their heirs, executors, administrators, personal representatives, and successors and assigns.
DATED THIS _____ day of _____________, 2018.
WITNESSES:
_______________ (Signature)
Name:_____________ (Printed Name)
Address:_____ _______________
_______________ (Signature)
Name:_____________ (Printed Name)
Address:_______________
GRANTOR: WAYNE G. MOSS
_______________ (Signature)
ACKNOWLEDGEMENT
STATE OF _________ )(
COUNTY OF________ )(
The foregoing instrument was acknowledged before me this ___ day of ______, 2018, by WAYNE G. MOSS. He/she is personally known to me or has produced ____________ (type of identification) as identification.
________________
Notary Public
Name (Printed): __________
My Commission Expires:
EXHIBIT “A” FLMEF-HILL-199.00 & 200.00 Attached to and made a part of that certain
NATURAL GAS PIPELINE EASEMENT dated ______________, 2018 by and between WAYNE G. MOSS, as Grantor,
and FLORIDA GAS TRANSMISSION COMPANY, LLC, as Grantee
DESCRIPTION OF THE LANDS
FLMEF-HILL-199.00 & 200.00:
The South 1600 feet of the East 1â„2 of the Northeast 1â„4 of Section 22, Township 30 South, Range 22 East, Hillsborough County, Florida; LESS right-of-way for public road.
AND
The East 1â„2 of the Northeast 1â„4, LESS the South 1600 feet and LESS that part North of Keysville Road and LESS all existing right-or-way in Section 22, Township 30 South, Range 22 East, Hillsborough County, Florida.
Being the same tract of land acquired by Grantor on the 30th day of April, 2010, in O.R. 19853, Page 973, Official Records of Hillsborough County, Florida.
This Document Prepared By and Return To:
Florida Gas Transmission Company, LLC
Right of Way Department -
Attn: Beth Porter
2405 Lucien Way, Suite 200
Maitland, FL 32751
Grantee:
Florida Gas Transmission Company, LLC
1300 Main Street
Houston, Texas 77002
NATURAL GAS PIPELINE EASEMENT
TRACT NO: FLMEF-HILL-210.00, FLMEF-HILL-210.05, FLMEF-HILL-211.00, FLMEF-HILL-212.00 & FLMEF-HILL-214.00
The Undersigned, WAYNE G. MOSS, a married man (“Grantor,” whether one or more), being the owner(s) of, or having an interest in, that certain tract of land situated in Hillsborough County, Florida and more particularly described in Exhibit “A” attached hereto (“Lands”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00), the receipt and sufficiency of which Grantor hereby acknowledges, does hereby grant, convey, and warrant the permanent easement, the temporary construction easement, the extra temporary construction easement and access roads herein conveyed to FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company (“Grantee”), with its principal offices at 1300 Main Street, Houston, Texas 77002, and to Grantee's successors and assigns, along with the exclusive and perpetual right, privilege and easement for and to construct, install, maintain, operate, inspect, patrol, test, repair, alter, substitute, relocate, resize, replace and remove (collectively, the “Pipeline Operations”) a single underground transmission pipeline system for the transportation of natural gas, and above-ground, surface and subsurface appurtenances thereto, including but not limited to markers, AC mitigation systems and components, cathodic and lightning protection systems and components, and other like protective devices, piping, fittings, and fences or other like protective devices, and such other improvements as are reasonably necessary in connection with the transportation of natural gas by means of the pipeline (collectively, the “Pipeline Facilities”) on, under, above, across, within and through a part and strip of the Lands, as described on Exhibit “A-1” attached hereto (“Permanent Easement”), together with the right to utilize Grantee's existing easement or easements as well as such additional portions of the Lands identified and described on Exhibit “A-1” as temporary construction easements for workspace, movement, storage and staging of personnel, materials, supplies and equipment, ingress and egress during the initial construction and installation of the Pipeline Facilities, except at road crossings, jurisdictional wetland crossings, tile crossings, river and stream crossings or areas with unusual construction problems where extra temporary construction easement(s) may be utilized (collectively the “Temporary Construction Easement”).
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, for the purpose of conducting the Pipeline Operations with respect to such Pipeline Facilities.
As further consideration for the payment made by Grantee hereunder, Grantor and Grantee further agree with respect to the Pipeline Facilities, the Permanent Easement and the Temporary Construction Easement that:
1. Exhibit “A” describes the Lands and Exhibit “A-1” describes the Permanent Easement, the Temporary Construction Easement and the access roads. Exhibit “A” and Exhibit “A-1” are attached hereto and by this reference are made a part hereof for all purposes.
2. Grantor represents to Grantee that [please initial in the space provided and complete as appropriate]:
__ The Lands are leased or rented to __________, for the period beginning _____, 20__, and ending ____, 20__;
rented to period beginning
Or,
_______ The Lands are not leased, rented or occupied by any lessee or tenant.
3. Grantor does hereby fully warrant the title to the Lands and will defend the same against the lawful claims and demands of all persons whomsoever, including, without limitation, tenants on the Lands, whether identified above or not. Grantor shall receive payment hereunder in such proportion as the interest of Grantor bears to the full fee simple title to the Lands encumbered by the Permanent Easement and the Temporary Construction Easement.
4. Those portions of the Lands, if any, designated as access road(s) shall be limited solely to ingress and egress for movement of personnel, materials, supplies and equipment for the purposes enumerated herein.
5. If applicable, the Temporary Construction Easement rights acquired are the temporary right, privilege and easement for use as work space for movement, storage and staging of personnel, materials, supplies and equipment, ingress and egress, for the purpose of conducting Pipeline Operations to construct and install and initially maintain, operate, inspect, test, repair, patrol, alter, substitute, relocate, resize, replace and remove Grantee's Pipeline Facilities located on the Permanent Easement, Grantor's other property encumbered by Grantee and on other lands. However, those portions of the Lands, if any, designated as temporary access road(s) shall be limited solely to ingress and egress for movement of personnel, materials, supplies and equipment for such purposes enumerated herein.
6. Grantee shall have the right of ingress to and egress from the Permanent Easement and the Temporary Construction Easement (during the length of its term) by means of the Permanent Easement, the Temporary Construction Easement (during the length of its term), and adjacent public or private roadways, easements or rights-of-way owned, held or lawfully available to Grantee, including any other property over which Grantee has access rights, for the purposes of Pipeline Operations with respect to such Pipeline Facilities located, in whole or in part, on the Permanent Easement, the Temporary Construction Easement(s) (during the length of its term) and performed at the will of the Grantee.
7. Grantee shall have use of the Temporary Construction Easement as work space for purposes of staging or storage of equipment, supplies or materials, and ingress and egress, and for the movement of personnel, supplies and equipment related to initial Pipeline Operations in connection with Grantee's Pipeline Facilities. The rights of Grantee with respect to the Temporary Construction Easement shall commence on April 1, 2019 and shall terminate and expire upon the earlier of July 31, 2019 or the date on which Grantee completes the initial construction and installation of the Pipeline Facilities.
8. Notwithstanding the termination and expiration of the Temporary Construction Easement(s) for purposes of constructing and installing the Pipeline Facilities, as set forth in paragraph 7, above, if applicable, Grantee shall retain and Grantor hereby grants to Grantee, right of access and entry to only those portions of the Temporary Construction Easement, if any, determined to be, or identified as, jurisdictional wetlands solely for purposes of Grantee's mitigation, restoration, maintenance and monitoring activities conducted in satisfaction of Grantee's governmental permit(s) requirements. However, in any event, the Temporary Construction Easement(s) automatically shall terminate and expire for all purposes and in all respects upon the passage of five (5) years after the latter of:
(a) twenty-four (24) months after April 1, 2019; and;
(b) the date on which Grantee completes the initial construction and installation
of the Pipeline Facilities.
9. Grantor retains the right and may continue to use the Permanent Easement or Temporary Construction Easement for any lawful purposes that do not interfere with Grantee's rights acquired hereunder; provided, however, that Grantor shall neither create nor maintain any reservoir or water impoundment, plant and maintain any deep-rooted trees, construct nor permit to be constructed any building, structure, excavation or other improvement or obstruction, on, over, under, above, across, within or through the Permanent Easement or Temporary Construction Easement (for as long as it shall exist) or Permanent and/or Temporary Access Easement(s) which would directly interfere with the exercise by Grantee of the rights hereby conveyed, including ingress to and egress from the Permanent Easement and Temporary Construction Easement (for as long as it shall exist), and the safe and efficient conduct of the Pipeline Operations relating to the Pipeline Facilities. Grantee agrees to provide Grantor, either upon Grantor's request or at Grantee's option to initiate, a prior written determination that any particular exercise of the right to use the Permanent Easement, Temporary Construction Easement or any Permanent and/or Temporary Access Easement(s) by Grantor does not directly interfere with the safe and efficient exercise of Grantee's rights, which determination shall not be arbitrarily or unreasonably withheld, delayed, or conditioned.
10. The consideration Grantee paid for the Permanent Easement and the Temporary Construction Easement in the amount set forth above, includes compensation for all merchantable timber, natural and decorative trees, landscaping, grasses, shrubbery, growing crops, improvements and Grantor's other property items which are compensable according to applicable Florida law (including but not necessarily limited to fences, roads, driveways, sidewalks, parking areas) that Grantee might remove from the Permanent Easement, the Temporary Construction Easement, and any Permanent and/or Temporary Access Easement(s) unless Grantee at its option chooses to repair, relocate or replace such items at Grantee's own expense pursuant to the provisions of paragraphs 11(a), 12 and 16, below.
11. Before initial construction of the Pipeline Facilities, Grantee, at its option, shall:
(a) relocate or replace any pre-existing fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields located on the Permanent Easement and Temporary Construction Easement with the same, like or better quality at a different location on the Permanent Easement or Temporary Construction Easement or at such location on the Grantor's remaining Lands as agreed to by Grantor and Grantee; or
(b) Grantee shall pay Grantor an additional sum sufficient for Grantor to
relocate or replace any such pre-existing fences, roads, driveways, sidewalks and parking areas, irrigation systems, wells, septic tanks and septic drain fields with the same, like or better quality.
12. Throughout the duration of the Temporary Construction Easement, and to the extent damage results from use by Grantee or its agents of the Permanent Easement or Temporary Construction Easement during initial construction and installation of the Pipeline Facilities, Grantee will maintain and repair any pre-existing fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields located on the Permanent Easement or Temporary Construction Easement that were not removed, relocated or replaced prior to initial construction of the Pipeline Facilities, and Grantee will maintain and repair any new fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields that were relocated or replaced on the Permanent Easement or Temporary Construction Easement prior to initial construction of the Pipeline Facilities that were damaged from use of the Temporary Construction Easement by Grantee, its agents or contractors during initial construction and installation of the Pipeline Facilities.
13. During construction, Grantee will bury the pipeline to provide a minimum cover of thirty-six inches (36”), except in rock where a minimum cover of twenty-four inches (24”) will be provided. Grantor shall not reduce the post-construction depth of cover over the pipeline.
14. Grantee may displace any gopher tortoises found within the Permanent Easement, the Temporary Construction Easement, or any Permanent and/or Temporary Access Easement to another location on the Permanent Easement or Temporary Construction Easement, or off the Lands of Grantor (e.g., to a temporary holding pen), and return them as near to their original location on the Permanent Easement or Temporary Construction Easement as practicable after initial construction and installation of the Pipeline Facilities is completed.
15. To the extent that Grantee may engage in excavation, Grantee shall remove from the surface of the Permanent Easement all three-inch (3”) or greater diameter rock excavated from the trench across tillable portions of the Permanent Easement.
16. Subject to, and to the extent not inconsistent with, Grantee's rights under this Natural Gas Pipeline Easement, after initial construction of the Pipeline Facilities, Grantee shall, to the extent practicable, relocate or replace with the same, like or better quality and at their original locations or as near thereto as is reasonably practicable, all fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields, that Grantee damaged or caused to be removed, relocated or replaced from the Permanent Easement and Temporary Construction Easement before or during initial construction of the Pipeline Facilities, unless Grantee has previously chosen to pay Grantor for such items pursuant to the provisions of paragraphs 10 and 11(b), above.
17. Subject to Grantee's rights hereunder and to the extent not inconsistent therewith, Grantee will restore the surface of all disturbed areas within and outside of the boundaries of the Permanent Easement and Temporary Construction Easement to original contour and condition, as near as is reasonably practicable, to the extent the damage or disturbance of results from the Pipeline Operations, except for the surface beneath any above-ground Pipeline Facilities installed in the Permanent Easement. Grantee will also restore the surface of all disturbed areas of any existing or new access roads to its original contour and condition, as near as is reasonably practicable, to the extent utilized by Grantee and the damage or disturbance to which results from use by Grantee or its agents. Grantee shall plant grass seed on all other land surfaces disturbed by the Pipeline Operations.
18. It is expressly provided that after initial construction and installation of the Pipeline Facilities, Grantee shall have the right, but not the obligation, (without liability for damages) from time to time to reclear the Permanent Easement and any Permanent and/or Temporary Access Easements by cutting and removing therefrom trees, brush and other obstructions that may, in the reasonable judgment of Grantee or pursuant to regulatory requirements, injure, endanger or interfere with Grantee's use of the Permanent Easement or any Permanent and/or Temporary Access Easement(s), or which endanger the Pipeline Facilities.
19. Grantee shall have the right to erect, and shall bear the cost and expense of maintaining, a fence or other protective barrier, with gate(s), around the above-ground Pipeline Facilities constructed on the Permanent Easement in compliance with all applicable codes, laws, and regulations.
20. Grantee may assign its rights acquired under the provisions of this Natural Gas Pipeline Easement in whole or in part, and 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 Facilities or the rights thereto.
21. This Natural Gas Pipeline Easement incorporates and describes all of the grants, undertakings, conditions and consideration of the parties. Grantor, in executing and delivering this Natural Gas Pipeline Easement, represents that Grantor has not relied upon any promises, inducements or representations of Grantee or its agents or employees, except as are expressly set forth herein.
22. Nothing contained herein shall be deemed or construed to be a merger, release, waiver, modification or amendment of any rights Grantee presently owns or holds, as reflected in the official records of the county where the Permanent Easement, Temporary Construction Easement and Permanent and/or Temporary Access Easement(s), if any, are located, including but not limited to easements encumbering other portions of Grantor's property.
23. This Natural Gas Pipeline Easement may be executed in counterparts, all of which together shall constitute a single document.
24. The rights, benefits, burdens and obligations acquired or assumed under the provisions of this Natural Gas Pipeline Easement shall inure to, benefit, bind and oblige Grantor, Grantee and his, hers, its or their heirs, executors, administrators, personal representatives, and successors and assigns.
DATED THIS _____ day of _____________, 2018.
WITNESSES:
_______________ (Signature)
Name:_____________ (Printed Name)
Address:____________________
_______________ (Signature)
Name:_____________ (Printed Name)
Address:____________________
GRANTOR: WAYNE G. MOSS
_______________ (Signature)
ACKNOWLEDGEMENT
STATE OF _________ )(
COUNTY OF________ )(
The foregoing instrument was acknowledged before me this ___ day of ______, 2018, by WAYNE G. MOSS. He/she is personally known to me or has produced ____________ (type of identification) as identification.
________________
Notary Public
Name (Printed): __________
My Commission Expires:
EXHIBIT “A”
FLMEF-HILL-210.00, FLMEF-HILL-210.05, FLMEF-HILL-211.00, FLMEF-HILL-212.00 & FLMEF-HILL-214.00
Attached to and made a part of that certain
NATURAL GAS PIPELINE EASEMENT dated ______________, 2018
by and between WAYNE G. MOSS, as Grantor,
and FLORIDA GAS TRANSMISSION COMPANY, LLC, as Grantee
DESCRIPTION OF THE LANDS
FLMEF-HILL-210.00, FLMEF-HILL-210.05, FLMEF-HILL-211.00, FLMEF-HILL-212.00 & FLMEF-HILL-214.00:
That part of the Northwest 1â„4 of Northwest 1â„4 of Section 24, Township 30 South, Range 22 East, Hillsborough County, Florida, lying south of the Seaboard Coast Line Railroad Company (formerly Seaboard Air Line Railroad Company) right-of- way. (Tax Parcels 1, 2, 4 and 5)
AND
A tract, beginning 302.00 feet South of Northwest corner of the Northeast 1â„4 of the Northwest 1â„4 of Section 24, Township 30 South, Range 22 East, and run South 84°06'46” East 211.2 feet, thence South 902.43 feet to the South boundary of the said Northeast 1â„4 of the Northwest 1â„4, thence West 210.01 feet to the Southwest corner of said Forty, and thence North 1014.72 feet to Point of Beginning. (Tax Parcel 3)
Parcel ID NO.: 093748-0000 Parcel ID NO.: 093745-0000 Parcel ID NO.: 093750-0000 Parcel ID NO.: 093745-0020 Parcel ID NO.: 093498-5100
Being the same tract of land acquired by Grantor on the 16th day of March, 2016, in O.R. 23964, Page 1308, Official Records of Hillsborough County, Florida. January 4, 11, 18, 2019 19-00098H