HomeMy WebLinkAbout2013-044 a 't�� q,li3 ATRUE COPY
} 13 . C CERTIFICATION ON LAST PAGE
rJ �� J . R . SMITH , CLERK
This Instrument Prepared By and Return To: T
Right-of--Way Department/Julie Franklin
Florida Gas Transmission Company
Post Office Box 945100
Maitland , Florida 32794-5100
Project No. : 12=276
Tract No . : FLBQQ4NnDI -001
1311
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into
this Lett, day of February , 2013 , by and between FLORIDA GAS
TRANSMISSION COMPANY, LLC , a Delaware limited liability company , (" FGT") , with
principal offices at 5051 Westheimer Road , Houston , Texas 77056 , and , INDIAN
RIVER COUNTY , a political subdivision of the State of Florida (" IRC") , whose address
is 180127 th Street, Vero Beach , Florida 32960 .
WITNESSETH THAT :
WHEREAS , FGT is the owner and holder of a Stipulated Order of Taking dated
April 6 , 2000 , and recorded in Book 1338 , at Pagel 100 , Official Records , Indian River
County (" Easement Agreement") , covering lands located in , among others , Section 13 ,
Township 33 South , Range 39 East, Official Records , Indian River County , Florida as
described in the Easement Agreement (" Lands") ; and
WHEREAS , pursuant to the authority contained in the Easement Agreement, FGT
has constructed and currently operates and maintains an eight- inch (8") natural gas
pipeline and related surface and subsurface appurtenances , (collectively , the " Pipeline
Facilities") , across and through the Lands ; and
WHEREAS , IRC is the present holder of an easement across that portion of the
Lands described in Exhibit " B" attached hereto and made a part hereof for all purposes
("Owned Premises") , with Pipeline Facilities situated thereon ;
WHEREAS , IRC desires to construct an eight- inch (8") pvc water main crossing
the FGT twelve-foot ( 12` ) wide easement (" Easement Area") and the Pipeline Facilities
as depicted on Exhibit "C" ("Encroachment") attached hereto and made a part hereof
pursuant to the terms and provisions of this Agreement; and
WHEREAS , IRC has been advised by FGT that FGT is a natural gas transmission
company and that FGT operates a high pressure underground natural gas Pipeline
Facilities through the Owned Premises ; and
WHEREAS, IRC has requested written consent from FGT to maintain , use , and
enjoy the Encroachment upon a portion of the Easement Area and in close proximity to
the Pipeline Facilities ; and
WHEREAS , FGT is willing to grant such consent upon the terms and conditions
hereafter set forth.
NOW, THEREFORE , in consideration of the mutual covenants , terms and
conditions set forth in this Encroachment Agreement, FGT and IRC agree as follows :
1 . To the extent that FGT has the right to do so , FGT hereby grants consent to
IRC to maintain , operate and use the Encroachment on the Owned Premises and the
Easement Area , and in close proximity to the Pipeline Facilities , subject to compliance
with the following terms and conditions :
A. To the extent allowed by law , and without waiving sovereign immunity, . IRC
hereby assumes all risks for damages , injuries , or loss to either property or persons ,
caused by , or arising out of, or resulting from , or in any way associated with the
installation , construction , use , maintenance , repair or replacement of the Encroachment.
A TRUE COPY
CERTIFICATION ON LAST PAGE
Project No . : 12-276 J . R . SMITH , CLERK
Tract No . : FLBQQ-INDI -001
Be The consent granted herein is limited exclusively to the proposed
Encroachment upon the Owned Premises within the Easement Area . IRC shall not alter
the grade or permit such alteration anywhere on the Easement Area without the prior
express written consent of FGT .
C . IRC shall at all times conduct all activities on the Easement Area in such a
manner as not to interfere with or impede the operation and maintenance of the Pipeline
Facilities , as conducted in the past , present or future , in any manner whatsoever.
D . Except as to the Encroachment, IRC shall not construct , plant or create
additional improvements of any kind , including but not limited to , fences , sheds ,
irrigation or drainage systems , utilities , decking , pole barns , parking lots , roadways ,
pools , ponds , trees or shrubs within the confines of the Easement Area without the prior
express written consent of FGT .
E . IRC understands and agrees that FGT may not' have the exclusive
authority to grant IRC permission to construct the Encroachment in the Easement Area ,
This Agreement merely defines the terms by which FGT will not object, and that IRC will
obtain permission for the Encroachment from the underlying fee owner of the Lands or
third parties having an interest in the Owned Premises . The consent granted by this
instrument shall not constitute or be construed as a subordination , merger, assignment,
conveyance or relinquishment of any of the right, title and interest of FGT under the
provisions of the Easement Agreement .
2 . IRC agrees that The Encroachment and any additional approved improvements
constructed or installed in the Easement Area shall be constructed in accordance with
the Engineering and Construction Specifications detailed in Exhibit "A" attached hereto
and made a part hereof. Installation , construction , maintenance , repair and
replacement of the Encroachment shall be the sole responsibility , and performed at the
sole cost and expense of IRC .
3 . IRC ; to the extent allowed by law, agrees to indemnify, protect, and hold
harmless FGT, its parent , affiliates , subsidiaries , and their directors , officers ,
employees , representatives , and agents ( hereinafter " FGT Entities") from and against
any and all actions or causes of action , claims , demands , liabilities , loss , damage ,
injury , suit , proceeding , judgment , cost or expense of whatever kind or nature , including
but not limited to reasonable attorneys' fees , caused by , or arising out of, or resulting
from , or in any way associated with the installation , construction , use , maintenance ,
repair or replacement of the Encroachment, or from the operation , maintenance , use or
presence . of FGT' s Pipeline Facilities upon or in the vicinity of the Easement Area
except where such loss , cost, liability , or expense was proximately caused solely by the
gross negligence of FGT or its employees .
In addition , IRC agrees to indemnify , defend and hold harmless FGT and the
FGT Entities from and against any liability , damage , claims , loss , cause of action , suit ,
proceeding , judgment , cost ( including the cost or expense of environmental response ,
removal or remediation activities) , fees or expense , including reasonable attorney' s
fees , arising from : (a) non-compliance with any laws , regulations and orders applicable
to the ownership or the operation and maintenance of the Encroachment on the Owned
Premises and the Easement Area described herein , and (b) any incidents , acts ,
releases , negligence , transactions or omissions , or conditions on or affecting the
Easement Area caused by , or arising out of, or resulting from , or in any way associated
with the installation , construction , use , maintenance , repair or replacement of the
Encroachment that would (i) contribute to or constitute a violation of any local , state or
federal environmental rule , regulation , law or judicial order, ( ii) result, in whole or in part ,
in any requirement to clean up or otherwise remedy or remediate a condition , ( iii) give
rise to any lien , liability, injunction , order, restriction , claim , expense , damage , fine or
penalty, (iv) adversely affect human health or the environment at or near the Easement
Area , or (v) constitute a violation of the terms of this Encroachment Agreement .
4 . IRC shall take reasonable steps to protect the Pipeline Facilities at all times
during the performance of any work associated with the Encroachment including
maintaining a minimum of three feet (3 ' ) of cover over the subsurface Pipeline Facilities
at all times .
.J
A TRUE COPY
CERTIFICATION ON LAST PAGE
Project No . . 12-276 J . R . SMITH , CLERK
Tract No . : FLBQQ- INDk001
5 . Should FGT need to remove any of the Encroachment within the Easement
Area in order to construct , maintain , operate , repair, remove , replace or resize the
Pipeline Facilities , IRC shall pay the cost of removing and replacing or reinstalling the
Encroachment . FGT , if possible , shall give Owner thirty (30) days radvanced notice
should any of the Encroachment need to be removed as a result of work done on the
pipeline facilities . In addition , all repair and maintenance work performed by FGT on its
existing or additional Pipeline Facilities located on the Easement Area , shall be
performed in a reasonable workmanlike manner and FGT shall restore the surface and
grade of Owned Premises where the work is performed , but shall not be liable for loss ,
damage , or replacement to the Encroachment or any equipment and facilities that exist
within the Easement Area , and in this regard , and to the extent allowed by law, IRC
hereby releases FGT and the FGT Entities from any and all liability for any such loss or
damage .
6 . INTENTIONALLY OMITTED .
7 . This Agreement in no way constitutes a waiver by FGT of its rights to enjoy the
Easement Area unencumbered by the construction , operation , maintenance or use of
the Encroachment within the Easement Area .
8 . It is expressly agreed to by and between FGT and IRC that if IRC is in violation
of any terms or conditions set forth in this Encroachment Agreement , FGT , at its option ,
may terminate FGT' s consent to the Encroachment upon ten ( 10) days' notice to the
IRC ; provided however, that any such termination . shall not become effective if, within
thirty (30) days from the receipt of such notice of termination , IRC cures such violation .
IRC expressly agrees that if FGT terminates its consent to the Encroachment based
upon IRC ' s failure to cure a violation of the Easement Agreement, the Encroachment
Agreement, or both , IRC will continue to be bound by the terms of the Easement
Agreement and the Encroachment Agreement, and IRC shall immediately remove any
and all of the Encroachment which may be situated on the Easement Area , or if IRC
fails to remove any and all of the Encroachment, FGT may , at its option , remove the
Encroachment at the expense of IRC and without any liability whatsoever . If such
violation by IRC constitutes or results in an emergency or a dangerous condition , FGT
shall only be required to provide whatever prior notice is reasonable under the
circumstances before exercising its rights to remove the Encroachment or otherwise
cure the violation . The failure of FGT to exercise the option to terminate as to any such _
violation shall not constitute a waiver of FGT's future right to exercise such option as to
the same or any future violation . IRC agrees to pay FGT' s costs , including attorneys'
fees and costs , arising out of the enforcement of the terms of the Easement Agreement,
the Encroachment Agreement , or both . The remedies outlined herein are not exclusive
and FGT does not waive any legal or equitable remedies .
9 . The provisions of the Easement Agreement, and all rights , powers , privileges ,
and duties , obligations , and liabilities created thereby , shall remain in full force and
effect and are not affected hereby except to the extent and in the manner specifically
and particularly set forth herein .
10 . IRC and FGT stipulate and agree that the statements and information
contained in the introductory paragraphs and recitations of this Agreement are true and
correct and are incorporated herein by this reference .
11 . This instrument and the covenants and agreements herein contained shall
extend to and be binding upon IRC and the heirs , executors , personal representatives ,
successors and assigns of IRC and upon FGT and the successors and assigns of FGT
and the benefits of this Agreement shall run with the land. This Encroachment
Agreement may be executed in counterparts , each of which when conformed shall be
an original and all of which together shall constitute a single document .
The undersigned hereby represent and warrant that the undersigned have full
authority to execute , deliver and perform this Agreement in accordance with its terms
upon behalf of the named party to this Agreement, without the joinder or consent of any
additional parties .
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A TRUE COPY
CERTIFICATION ON LAST PAGE
Project No . : 12-276 J . R . SMITH , CLERK
Tract No . : FLBQQ-INDI -001
EXHIBIT "A$'
Attached to and made a part of that certain
ENCROACHMENT AGREEMENT
Dated February 19 112013
By and between
FLORIDA GAS TRANSMISSION COMPANY, LLC
And INDIAN RIVER COUNTY
ENGINEERING AND CONSTRUCTION SPECIFICATIONS
1 . No work can be done in FGT ' s easement property unless FGT has reviewed and approved the
plans and an Agreement in writing has been entered into between the parties .
. 2o IRC shall provide a minimum of forty-eight (48) hours ' notice to FGT prior to any installation,
construction, excavation, or demolition work on the easement area. To ensure further safety, IRC must
call appropriate ONE CALL for a locate at 14004324770 . An FGT representative must be present
when any work is done on the easement area. The onsite FGT representative will have the authority to
shutdown work by the contractor if the contractor' s activities are judged to be unsafe by the
FGT
representative. The FGT representative will be invited to participate in contractor' s safety meetings . This
provision applies each time FGT ' s pipeline facilities are crossed.
3 . Existing ground elevation (a minimum of three feet [3 ' ] of pipeline cover) is to be maintained
over the subsurface pipeline facilitieg within the easement area. Three feet (3 ' ) of minimum cover will
also be required over the pipeline facilities at all equipment crossings for standard FDOT maximum axle
load vehicles (20,000 lbs. per axle; 80, 000 lbs . maximum weight).
4 . For vehicles and/or construction equipment exceeding the standard FDOT wheel axle load limits
and requesting approval to cross FGT' s facilities, each crossing location will be reviewed on a case-by-
case, site-specific basis and will require the surveyed elevation of the pipeline and/or facility verified by
an FGT field representative to be performed by the party requesting the crossing encroachment and
submitted to FGT. The execution of a wheel load calculation must be completed and approved by FGT
prior to crossing FGT' s facilities for every vehicle and/or construction equipment requesting to cross.
FGT may require matting or other suitable material be installed to achieve the necessary support for such
crossing. This too will be site specific and case-by-case only.
5 . Where consent for roadway crossings has been granted, a minimum of forty-eight inches (48 ") of
cover, including thirty-six (36") of undisturbed or compacted soil, shall be maintained within the
easement area. All roads must cross the easement at a ninety degree (90°) angle .
6 . When crossing an FGT pipeline (via drill or open lay) Contractor must visually verify the
elevation of pipeline both vertically and horizontally, by means of various methods such as SUE
(subsurface utility excavation) etc ., with an FGT field representative on-site at all times during
this
operation. When using direction drill method, a minimum vertical clearance of ten feet ( 10 ' ) from the
pipeline is required.
7 . Where the encroachment includes utilities, all such utilities crossing the easement area must have
a minimum separation of twenty-four inches (24 ") between the utility and the FGT pipeline(s) at the point
of crossing and must cross at a ninety degree (90°) angle. No utilities shall be constructed between the
surface of the easement area and the top of the subsurface pipeline facilities unless agreed to in writing by
FGT. No parallel utilities, structures, and/or appurtenances are permitted within the easement area. All
proposed aerial crossings will be reviewed on a case-by-case basis .
8 . Where consent for utility lines has been granted, electric lines must be encased in pvc or steel
throughout the entire easement area. All fiber optic, telephone and cable television crossing encasements
to be determined by the on-site FGT field representative. Cables energized to 600 volts or more must
cross a minimum of three feet (3 ' ) below the subsurface pipeline facilities, and also be encased
in
concrete, color coded red, across the entire right-of--way width, and have external, spiral wound, neutrals
grounded on each side of the right-of--way. The cable crossing should be clearly and permanently marked
on each side of the right-of--way where permissible .
9 . Where consent for fencing has been granted, the IRC must install and maintain a vehicle access
gate at least twelve feet ( 12 ' ) in width at each point in the fence line(s) crossing the Easement
area.
Posthole excavations for fencing placed on the easement area shall not be greater than eighteen inches
( 18") below the ground surface elevation. No fence posts shall be placed over the pipeline facilities or
closer than six feet (6 ' ) on either side of the pipeline facilities. Any exceptions will be determined by an
FGT field representative . Any such fence shall be constructed and maintained by IRC in such a manner
that does not prevent FGT personnel from viewing the easement area from the ground level through the
fence(s) (i.e. no solid fences allowed) . No fencing parallel to the FGT pipeline facilities will be allowed
-5-
A TRUE COPY
CERTIFICATION ON LAST PAGE.
Project No . : 12-276 J . R . SMITH , CLERK
Tract No . : FLBQQ- INDI -001
within the easement area. FGT' s access to its pipeline facilities shall be maintained by IRC . If the gate is
locked with IBC' s lock, IRC shall provide FGT with keys or allow a FGT lock to enable access.
10 . No above or below ground utility appurtenances, junction boxes or retention ponds shall be
allowed within the easement area.
lie No roto-mixing or vibrating machinery is allowed within the easement area.
12 . When conducting pile driving operations, IRC shall adhere to a minimum separation of twenty-
five feet (25 ' ) from the outside edge of the FGT pipeline.
13 . Ditches shall be sloped or shoring will be used to allow entry into the excavation . Time will be
allowed for a FGT representative to inspect and make coating repairs as the subsurface pipeline facilities
are exposed.
14 . Twelve inches ( 12") of backfill around the subsurface pipeline facilities shall be sand or clean
fill; free of rocks and debris . Rock Shield will be installed around pipeline facilities.
15 . With prior approval, no more than twenty feet (20 ') of pipe shall be exposed at any given time; if
more than twenty feet (20 ' ) of pipe is to be exposed, all Standard Operating Procedures (SOP) must be
adhered to, pressure reductions must be scheduled at least one ( 1 ) year in advance and engineering stress
calculations must be performed by FGT Engineering and approved by FGT Operations prior to allowing
any more than the . twenty feet (20 ' ) of exposed pipe .
16 . With prior approval and an FGT representative on site at all times, excavation equipment
equipped with toothless buckets may be allowed to dig or excavate within three (3 ) feet of the pipeline
facilities. All other construction/excavation equipment will not be allowed to perform any excavation
within three feet (3 ' ) of the pipeline facilities. All mechanical excavation performed within three feet (3 ' )
of the pipeline will be performed parallel to the pipeline (i .e. track-hoe may not reach over the pipeline to
dig on the opposite side of the pipeline) .
17 . All excavation within twenty-four (24") from the top or thirty-six inches (36") from the side or
bottom of the pipeline shall be by manual means . After top exposure, excavation up to twenty four inches
(24") from the side or bottom of the exposed pipeline may proceed by mechanical means if the FGT
representative is satisfied it may be done safely with the equipment and operator. available .
18 . Barriers adequate to prevent vehicular damage to any exposed pipeline facilities shall be installed
and maintained at all times .
19 . All FGT pipeline facilities, cathodic protection equipment, and test lead wires shall .be protected
from damage by construction activity at all times .
20 . No installation, construction, excavation, or demolition work shall be performed within the
easement area on weekends or holidays unless IRC agrees to reimburse FGT for its cost, including
overtime costs, associated with inspection during those periods.
21 . The Developer or Contractor shall provide and install temporary construction fence along the
easement boundaries for the entire length of the proposed work area to preserve and protect
the
pipeline(s) . The fence must be maintained for the duration of the development or construction activity.
Access across FGT' s easement will be granted at specific locations for vehicle and equipment traffic once
a Wheel Load Calculation has been completed. Additional cover or matting may be required. Any
changes to this requirement must be approved in writing by FGT prior to start of work.
22 . Where consent for landscaping has been granted, IRC shall not plant any trees and shrubs on the
easement area which are classified as "deep rooted" or are projected to exceed an eventual growth height
of four (4) feet. Trees and shrubs shall be planted so that no part, at its ultimate growth, shall be closer
than ten feet ( 10 ' ) to the pipeline facilities.
23 . These Engineering and Construction Specifications may address activities on the easement area for
which FGT has not granted consent to IRC to include as part of the encroachment. Notwithstanding
anything to the contrary contained in these Engineering and Construction Specifications, FGT' s consent
is and shall be limited to the encroachment as described and limited by the Encroachment Agreement to
which this Exhibit is attached.
A TRUE COPY
Project No . : 12-276 CERTIFICATION ON LAST PAGE
Tract No . : FLBQQ- INDI -001 J . R . SMITH , CLERK
EXHIBIT " B"
Attached to and made a part of that certain
ENCROACHMENT AGREEMENT
Dated , 2013
By and between
FLORIDA GAS TRANSMISSION COMPANY, LLC
And INDIAN RIVER COUNTY
DESCRIPTION OF THE OWNED PREMISES
I . R . F .W . C . D . South Relief Canal
Township 33 South , Range 38 East .
The South 50 feet of the North 1 /2 and the North 50 feet of the South 1 /2 of
Sections 15 , 14 and 13 , the East 50 feet of the South 1 /2 of Section 13 , ..said
tracts being further described as recorded in Volume 48 , Page 23 of the
Official Records of St. Lucie County , Florida. $
Township 33 South , Range 39 East .
The Nest 50 feet of the Southwest 1 /4 of Section 18 ; the East 80 feet of
Section 20 ; said •tract being further described as recorded in Volume 48 , Page
23 of the Official Records of St. Lucie County, Florida.
The South 125 feet of Tracts 4, 3 , 2 and 1 and the North 125 feet of Tracts 5 ,
6, 7 and 8 of Section 21 , said tracts being further described as recorded in
Volumes and Pages 41 /252 , 41 /261 , 19/495 , 2/493 , 41 /3022 46/9 , 46/12 ,
46/842 19/457 , 19/448 , 19/493 and 19/492 of the ' Official Records of St.
Lucie County , Florida and Volume 29 , Page 281 of the Official Records of
Indian River County, Florida.
.r
The South 125 feet of Tracts 4 , 3 , 2 and 1 and the North 125 feet of Tracts 5 ,
6 , 7 ' and 8 of Section 22, said tracts being further described as recorded in
Volumes and ` Pages 41 /302 , 2/493 , 41 /252 , 19/4561 46/ 14 , 41 /312 , 46/6 of
the Official Records of St. Lucie County, Florida and Volume 2 , Page 538 of
the Official Records of Indian River County , Florida.
A strip of land 250 feet wide also described as the South Relief Canal as
situated is Tracts 1 , 2 , 3 , 4 , 5 and 6 of Section 2 and that part of the South
Relief Canal situated in Tract 4 of Section 24 and beim further described as
recorded in Volume 41 /252 , 4i /? 64 and 41 /281 of the Official kt: %ords of St.
Lucie County , Florida .
And, finally, awstrip of land 250 feet wide also described as the South Relief
Canal as situated in the South 1 /2 of Section 13 beim further described as
recorded in Volumes and Pages 41 /257 , 19/455 , 3/72 , 41r) 52; Less and
Except U. S . Hwy . No . 1 being further described as recorded in Volume 13 , i
Page 130 of the Official Records of St. Lucie County, Florida.
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N (n r 1 . THIS FIGURE WAS PREPARED USING INFORMATION OBTAIN
DURING FIELD VERIFICATION WITH A FLORIDA GAS TRANSMISSION
LL W � DwA REPRESENTATIVE ON DECEMBER 5, 2012 AND SPOT ELEVATIONS
Q # 1r� PROVIDED BY DAVID M. TAYLOR, PSM (MASTELLER, MOLER,
Smith QED k TAYLOR, INC.) ON JANUARY 3, 2013.
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3 LOCATE AT 1 -800-432-4770 PRIOR TO BEGINNING ANY WORK.
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I Vero Beach, FL 32963 OR IN THE VICINITY OF THE GAS TRANSMISSION PIPELINE'
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Tel: (772) 2314MI KEVIN N. VANN
O m a FL COA No. EB OW020 RE N0. 65715
One H Flgure No. 1
Utility Conflict Resolution
Oslo Customer Convenience Center
Indian River County, Florida
A TRUE COPY
CERTIFICATION ON LAST PAGE
Project No . : 12al J , R . SMITH , CLERK
Tract No . : FLBQQ- INDIml
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