HomeMy WebLinkAbout2025-032A TRUE COPY
,t.fi+.;', 1CATION ON LAST PAGE
L. 31frLER, CLERK
This Instrument Prepared By and Return To:
Right -of -Way Department/Amy Powell
Florida Gas Transmission Company
2301 Lucien Way, Suite 200
Maitland, Florida 32751
Project No.: 24-314
Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into
this day of , 2024, by and between FLORIDA GAS
TRANSMISSION COMPANY, LLC, a Delaware limited liability company ("FIST"), with
principal offices at 1300 Main Street, Houston, Texas 77002, and INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, (COUNTY), whose address is 1801
27th Street, Vero Beach, Florida 32960.
WITNESSETH THAT:
WHEREAS, FGT is the holder of an easement under the provisions of that certain
Easement Grant dated December 9, 1959, recorded in Book 89, Page 373, that certain
Easement Grant dated September 25, 1967, recorded in Book 266, Page 226, that certain
Order of Taking dated February 12, 1959, recorded in Book 69, Page 334, and that certain
Order of Taking dated March 12, 1968, recorded in Book 280, Page 176, all in Official
Records, Indian River County, Florida ("Easement Agreement"), covering lands located
in Section 33 & 34, Township 32 South, Range 38 East, 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 a twenty inch (20") natural gas
pipeline and a twenty-six inch (26") natural gas pipeline and related surface and
subsurface appurtenances, (collectively, the "Pipeline Facilities"), across and through the
Lands; and
WHEREAS, COUNTY possesses right-of-way interests through a portion of the
Easement Area, described in Exhibit "B" attached hereto and made a part hereof for all
purposes ("Property"), a portion of which is encumbered by the FGT Easement and the
Pipeline Facilities situated thereon; and
WHEREAS, COUNTY seeks consent to install a four inch (4") force main and an
eight inch (8") water main under the pipeline via directional bore at two different crossings,
as well as an asphalt roadway with curbing and a concrete sidewalk above the pipeline
at two different crossings, all crossing are within and over FGT's seventy-seven and a
half foot (77.5') easement ("Easement Area") and the Pipeline Facilities as depicted on
Exhibit "C" attached hereto and made a part hereof ("Encroachment"), pursuant to the
terms and provisions of this Agreement; and
WHEREAS, COUNTY 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, COUNTY has requested written consent from FGT to install, construct,
maintain, use, operate, repair, replace 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 COUNTY agree as follows:
1. To the extent that FGT has the right to do so, FGT hereby grants consent to
COUNTY to install, construct, maintain, use, operate, repair, replace and enjoy 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 TRUE COPY
Project No. 24-314 CEF: i I "KATION ON LAST PAGE
Tract No. FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 !dY`"' 6UTLER, CLERK
A. To the extent authorized in Section 768.28, Florida Statutes, COUNTY 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 Area.
B. The consent granted herein is limited exclusively to the proposed Encroachment
upon the Owned Premises within the Easement Area. COUNTY shall not alter the grade
or permit such alteration anywhere on the Easement Area without the prior express
written consent of FGT.
C. COUNTY shall at all times conduct all activities on the Easement Area in such
a manner as not to unreasonably 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, COUNTY shall not construct, plant or create
additional improvements of any kind, including but not limited to, fences, sheds, irrigation
or drainage systems, utilities other than the Encroachment, 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. COUNTY understands and agrees that FGT may not have the authority to
grant COUNTY permission to construct the Encroachment in the Easement Area. This
Agreement merely defines the terms by which FGT will not object, and that COUNTY will
obtain permission for the Encroachment from the underlying fee owners? 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. COUNTY 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 COUNTY.
3. To the extent authorized in Section 768.28, Florida Statutes, and subject to the
limitations on liability and recovery contained therein, COUNTY 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 COUNTY's operation, maintenance,
use, or presence of FGT's Pipeline Facilities upon or in the vicinity of the Encroachment
Area except where such loss, cost, liability, or expense was proximately caused by the
negligence or wrongful act or omission of FGT or its employees.
In addition, and only to the extent authorized in Section 768.28, Florida Statutes,
COUNTY 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 Property and
the Encroachment Area described herein, and (b) any incidents, acts, releases,
negligence, transactions or omissions, or conditions on or affecting the Encroachment
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
TRUE COPY
'i,- ATION ON LAST PAG
Project No. 24-314 i... BUTLER, CLERK
Tract No. FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012
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 Encroachment Area,
or (v) constitute a violation of the terms of this Encroachment Agreement.
4. COUNTY shall take reasonable steps to protect the Pipeline Facilities at all times
during COUNTY's 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.
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, COUNTY shall pay the cost of removing and replacing or reinstalling the
Encroachment. 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, COUNTY hereby releases FGT and the FGT Entities
from any and all liability for any such loss or damage.
6. COUNTY acknowledges that future FGT operations on the Pipeline Facilities or
the construction of homes or buildings in the vicinity of the Pipeline Facilities may
necessitate that FGT have temporary construction easements to conduct the operations
within the Easement Area or to upgrade the existing Pipeline Facilities in accordance with
federal regulations. COUNTY agrees to provide FGT with temporary construction
easements for additional workspace necessary to complete the operation or to upgrade
the Pipeline Facilities and at no cost to FGT.
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 COUNTY that if COUNTY 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 COUNTY; provided however, that any such termination shall not become effective
if, within thirty (30) days from the receipt of such notice of termination, COUNTY cures
such violation. COUNTY expressly agrees that if FGT terminates its consent to the
Encroachment based upon COUNTY's failure to cure a violation of the Easement
Agreement, the Encroachment Agreement, or both, COUNTY will continue to be bound
by the terms of the Easement Agreement and the Encroachment Agreement, and
COUNTY shall immediately remove any and all of the Encroachment which may be
situated on the Easement Area, or if COUNTY fails to remove any and all of the
Encroachment, FGT may, at its option, remove the Encroachment at the expense of
COUNTY and without any liability whatsoever. If such violation by COUNTY 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.
COUNTY 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.
A TRUE COPY
: F ;;?"'CATION ON LAST PAGE
Project No. 24-314 J V.:' UTLER, CLERK
Tract No. FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012
10. COUNTY 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 COUNTY and the heirs, executors, personal
representatives, successors and assigns of COUNTY 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.
IN WITNESS WHEREOF, the parties have executed this instrument the day and
year first above written.
WITNESSES:
Name:
Address:2301 Lucien Way, Ste 200 Maitland, FL
Name:
Address:2301 Lucien Way, Ste 200 Maitland, FL
STATE OF FLORIDA
COUNTY OF ORANGE
"FGT"
FLORIDA GAS TRANSMISSION
COMPANY, LLC
By
DAVID SHELLHOUSE
VICE PRESIDENT
KNOWLEDGEMENT
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this day of 2024, by DAVID
SHELLHOUSE, VICE PRESIDENT OF FLORIDA GAS TRANSMISSION COMPANY,
LLC, a Delaware limited liability company, on behalf of the company. He is personally
known to me or has produced (type of identification)
as identification.
(SEAL)
Notary Public
Name (Printed):
My Commission Expires
Project No. 24-314
Tract No. FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012
WITNESSES:
-F PAF
7- 71 MIM
•J • .1 •
"COUNTY"
INDIA�4
By:
s: 1801 27th Street, Vero Beach, FL 32960
—cj Titl
Name: U-essa Brur
Address: 1801 '27-th Street, Vero Beach, FL 32960
STATE OF FLORIDA
COUNTY INDIAN RIVER
TRUE COPY
Si=4CATl0N ON LAST PAGE
C,"TLER, CLERK
Joseph E. Flescher ` `• o . r"
Chairman ` FCOUtdTy E ''
APPROVE AS TO FORM
AND G SUFFICIENCY
B
C ST PHER A. HICKS
ASST ANT OUNTY ATTORNEY
The foregoing instrument was acknowledged before me by means of El physical
presence or ❑ online notarization, this 14th day of Fdxuu�uy 12025 by INDIAN
RIVER COUNTY. Ile/She is personally-�^ to mai or has produced
(type of identification) as identification.
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
ifI �!me, H 09 MA A
�(�[rlir %i�bl.L.r v1v
Notary Public
Name (Printed): Kimberly K. Nbira-o
��yKIAOIRMO
SSIO # M3 125
EXPIRES'.469,20V
A TRUE COPY
Project No. 24-314 CERTIFICATION ON LAST PAGE
Tract No. FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 RYdN L. BUTLER, CLERK
EXHIBIT "A"
Attached to and made a part of that certain
ENCROACHMENT AGREEMENT
Dated 2024
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 FGT and COUNTY. Any encroachment
consented �to by FGT shall: not interfere with the operation, maintenance, and access of FGT's pipeline
facilities, including but not limited to, close interval surveys; leak detection surveys; pipeline patrol,
pipeline marking and similar activities.
2. COUNTY 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,
COUNTY must call appropriate ONE CALL for a locate by calling 811. 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 COUNTY if the COUNTY's activities are judged to be unsafe by the FGT
representative. The FGT representative will be invited to participate in COUNTY's safety meetings. This
provision applies each time FGT's pipeline facilities are crossed.
Existing ground elevation is to be maintained.
4. For vehicles and/or construction equipment requesting approval to cross FGT"s faeiiities, each
crossing location will be reviewed on a case-by-case, site-specific basis and will require the surveyed
elevation of the pipeline anWo;,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
consiKtiori equipmetit requesting to cross' FGT may require matting or other suitable material be installed
to achieve the necessary support for such grossing. 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. Upon completion of paragraph 1, sidewalks, trails and bike paths may cross FGT's pipelines at a
ninety degree (90°) angle provided the width does not exceed forty-eight inches (48").
7. When crossing an FGT pipeline (via drill or open lay) COUNTY must visually verify the elevation
of the pipeline both vertically and horizontally, by an FGT approved method such as vacuum excavation
with an FGT field representative on-site at all times during this operation. When using directional drill
method, a minimum vertical clearance of ten feet (10') from the pipeline is required across the entire
easement.
8. 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.
9. Where consent for fiber optic, telephone and/or cable television lines has been granted, lines must
be placed in a rigid non-metallic conduit across the entire easement width with bags of concrete -mix placed
directly above and below the conduit across the confines of the easement. Orange warning burial tape
must be placed a minimum of 18" directly above the cable across the width of the easement. Crossings
must be clearly and permanently marked on each side of the easement with permanent identification.
10. Where consent for utility lines has been granted, electric lines must be encased in pvc or steel
throughout the entire easement area. 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 easement width, and have external, spiral wound, neutrals grounded on each side of the easement.
The cable crossing should be clearly and permanently marked on each side of the easement where
permissible.
A TRk1E COPY
CER-1-iF'!CATION ON LAST PAGE
Project No. 24-314
RYAN L. SUTLER, CLERK
Tract No. FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012
11. Where consent for fencing has been granted, the COUNTY 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 FGT
management. Any such fence shall be constructed and maintained by COUNTY 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 within the
easement area. FGT's access to its pipeline facilities shall be maintained by COUNTY. If the gate is locked
with COUNTY's lock, COUNTY shall provide FGT with keys or allow a FGT lock to enable access.
12. No retention ponds, ditches or swales shall be allowed within the easement area.
13. No roto -mixing or vibrating machinery is allowed within the easement area.
14. When conducting pile driving operations, COUNTY shall adhere to a minimum separation of
twenty-five feet (25') from the outside edge of the FGT pipeline.
15. Excavations that expose the FGT pipeline must follow OSHA standards. Time will be allowed
for a FGT representative to inspect and make coating repairs as the subsurface pipeline facilities are
exposed.
16. Twelve inches (12") of backfill around the subsurface pipeline facilities shall be sand or clean fill;
free of rocks and debris.
17. 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 management prior to allowing
any more than the twenty feet (20') of exposed pipe.
18. 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).
19. 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.
20. Barriers adequate to prevent vehicular damage to any exposed pipeline facilities shall be installed
and maintained at all times.
21. All FGT pipeline facilities, cathodic protection equipment, and test lead wires shall be protected
from damage by construction activity at all times.
22. No installation, construction, excavation, or demolition work shall be performed within the
easement area on weekends or holidays.
23. The COUNTY 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.
24. Where consent for landscaping has been granted, COUNTY shall not plant shrubs on the easement
area which are classified as "deep rooted" or are projected to exceed an eventual growth height of four (4)
feet. Shrubs shall be planted so that no part, at its ultimate growth, shall be closer than ten feet (10') to the
pipeline facilities. No trees shall be planted on the easement.
25. These Engineering and Construction Specifications may address activities on the easement area for
which FGT has not granted consent to COUNTY 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.
Project No. 24-314 7r" iE COPY
Tract No. FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 'Fits-ATION ON LAST PAGE
Y. :UTLER, CLERK
EXHIBIT "B"
Attached to and made a part of that certain
ENCROACHMENT AGREEMENT
Dated 2024
By and between
FLORIDA GAS TRANSMISSION COMPANY, LLC
and INDIAN RIVER COUNTY
DESCRIPTION OF THE OWNED PREMISES
98th Avenue
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INDIAN RIVER COUNTY FIRE RESCUE FIRE STATION #7
CITY OF FELLSMERE FINAL DEVELOPMENT &
SITE CONSTRUCTION PLAN
9700 26TH PLACE
SECTION 34, TOWNSHIP 32S, RANGE 38E
CITY OF FELLSMERE, FLORIDA 32966
JUNE 2022-COF PRE -DEVELOPMENT APPLICATION INDEX OF DRAWINGS
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