DUKE ENERGY FLORIDA INCDUKE
ENERGY
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SEC: 08 I TWP: 29S I RGE: 16E I COUNTY: PINELLAS I PROJECT: CW- 14- 527444
GRANTOR: CITY OF CLEARWATER
SITE ADDRESS: 2780 DREW ST. & 2950 GLEN OAK AVE. CLEARWATER, FL. 33759
TAX PARCEL NUMBER: 08/26/16/00000/440 /0100; 410 -0200
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and
assigns ( "GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, does
hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b /a DUKE ENERGY, a Florida corporation
( "GRANTEE "), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, an
easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing
electric energy and, said facilities being located in the following described "Easement Area" within GRANTOR'S
premises in Pinellas County, to wit:
Utility Easement more particularly described on Exhibit "A" attached hereto and by
this reference made a part hereof.
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE
to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby
agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction,
repairs, alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation,
operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the
voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the
Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE,
endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the
reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but
outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe
and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter
upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted;
and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient
installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the
purposes described above. The rights and easement herein granted are non - exclusive as to entities not engaged in the
provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said
easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights
granted to GRANTEE herein.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be
located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed
so as to allow ready access to GRANTEE's facilities and provide a working space of not less than ten (10) feet on
the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted
transformer. If GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE's
This document Prepared by Kristy Parker
Return to: Duke Energy - Support Services
3300 Exchange Place, NP4A
Lake Mary, FL 32746
facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities
to another mutually agreed upon Easement Area in GRANTOR's premises, provided that (a) GRANTOR shall
reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the
completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such
relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was
provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay
for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this
easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and
GRANTOR shall not have any liability related to errors in the legal description.
GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in
GRANTOR's premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28
and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the
negligent act related to GRANTEE's facilities by GRANTOR or by GRANTOR' s agents or employees.
Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute
768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be
construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or
as a waiver of sovereign immunity.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses,
claims or damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise
reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on
the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the
premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful
authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful
possession, use and enjoyment of this easement.
All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory
upon the heirs, successors, lessees and assigns of the respective parties hereto.
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IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name
by its proper off rs thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
day of , 2014.
Countersigned:
GtQiDItencrt 150/
George N. Cretekos, Mayor
Approved as to form:
GRANTOR:
By:
William B. Horne, II, City Manager
Attest:
Laura Mahony U Rosemarie Call, City Clerk
Assistant City Attorney
State of Florida
) ss
County of Pinellas )
BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the
Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are
personally known to me.
WITNESS my hand and official seal this,-2/46
his, 4c day of ,p u-( , 2014
vi+
Q
A�__�. to
o Public
• 41“14:96
otary
Print/Type Name c A ,
My commission expires:
Notary Public State of Florida
`� Patricia A Kuligowski
My Commission FF 044268
°' Expires 10/20/2017
N.T.S.
This is not a survey EXHIBIT "A"
y
IMMUNE
'A'
/
a /
/
wig <op /
yo /
/
East Property Line of Metes & Bounds Tract 43/01
Wellington
Apartments
43/01
PO /NT OF
COMMENCEMENT
10623 -2096
L3
FAR OON1 l
L6
L5 Eddie C. Moore
Park West
Fields #5, 6, 7
L4
44/01
8217 -233
Note: Basis of bearings
derived from the south
line of the property
described in a Warranty
Deed as recorded in
Pinellas County Official
Record Book 8217 Pages
233 through 236, dated
03 -26 -1993 and is
recorded as having a
bearing of South 89' 41'
09" East.
50' Right -of -Way
5573 -342
L2
PO /NT OF
BEGINNING
Basis of Bearings S89' 41
DREW STREET
100' Right — of—Way
_didifilIIIII10111111..
Legal Description:
A Utility Easement described as follows:
Commence at the southwest corner of
Metes & Bounds Tract 44/01, as recorded
in the Public Records of Pinellas County, Fl
Official Record Book 8217, Pages 233
through 236, thence South 89' 41' 09" East
along the south property line of Tract
44/01, said line also being the north
right -of -way line of Drew Street (a
100 -foot right -of -way), a distance of 60.3
feet; thence North 00' 00' 00" East, a
distance of 233.3 feet to the Point of
Beginning of a 10.0 foot centerline
easement, with 5.0 feet on each side and
parallel to the centerline; thence North 06'
46' 50" West, a distance of 152.0 feet;
thence North 14' 07' 09" West, a distance
of 72.6 feet; thence North 01' 12' 50" East,
a distance of 76.8 feet; thence North 12'
04' 48" East, a distance of 266.5 feet;
thence North 23' 29' 35" East, a distance
of 483.3 feet; thence North 50' 45' 09"
West, a distance of 92.2 feet, where the
centerline easement terminates with the
side lines of said strips to be shortened or
lengthened at each point of intersection and
change in direction of said centerline
easement.
Line Table
Line #
Direction
Length
LI
S89 °41'09 "E
60.3
L2
N00 °00'00 "E
233.3
L3
N06° 46' 50 "W
152.0
L4
N14° 07' 09 "W
72.6
L5
N01 °12'50 "E
768
L6
N12° 04' 48 "E
266.5
L7
N23° 29' 35 "E
483.3
L8
N50° 45' 09 "W
92.2
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
MIN °T LEGAL SKETCH
D. Melons Jr.
moo rr DUKE ENERGY EASEMENT AT
T. Moberly EDDIE C. MOORE
03/72014 FIELDS #5, 6, 7
DN
Lg1_2014 -03
aar
10F2
8/29S/16E
Nrs EXHIBIT "A
This is not o survey
Brigadoon of Clearwater Kapok Park /I
Plat Book 91, Pages 35-37 41/02 /
10' Util. Ease. (per plat) —" /� &. /
V�
Ream Wilson Clearwater Trail
44/01
Blanket Water Main and
Ingress Egress Easement
10316 -1017
Wellington
Apartments
43/01
/
/
/ L8
/
r
/ /
/ /
/ /
/
L6
L7
Eddie C. Moore
Park West
Fields #5, 6, 7
44/01
8217-233
A
Note: Basis of bearings derived from the south
line of the property described in a Warranty Deed
as recorded in Pinellas County Official Record
Book 8217 Pages 233 through 236, dated
03 -26 -1993 and is recorded as having a bearing
of South 89' 41' 09" East.
_llIIIIIIIIIIIIIIwhll
]Co)
Legal Description:
n
A Utility Easement described as follows:
Commence at the southwest corner of
Metes & Bounds Tract 44/01, as recorded
in the Public Records of Pinellas County, Fl
Official Record Book 8217, Pages 233
through 236, thence South 89' 41' 09" East
along the south property line of Tract
44/01, said line also being the north
right —of —way line of Drew Street (a
100 —foot right —of —way), a distance of 60.3
feet; thence North 00' 00' 00" East, a
distance of 233.3 feet to the Point of
Beginning of a 10.0 foot centerline
easement, with 5.0 feet on each side and
parallel to the centerline; thence North 06'
46' 50" West, a distance of 152.0 feet;
thence North 14' 07' 09" West, a distance
of 72.6 feet; thence North 01' 12' 50" East,
a distance of 76.8 feet; thence North 12'
04' 48" East, a distance of 266.5 feet;
thence North 23' 29' 35" East, a distance
of 483.3 feet; thence North 50' 45' 09"
West, a distance of 92.2 feet, where the
centerline easement terminates with the
side lines of said strips to be shortened or
lengthened at each point of intersection and
change in direction of said centerline
easement.
Line Table
Line #
Direction
Length
LI
S89 °41'09 'E
60.3
L2
N00° 00' 00 "E
233.3
L3
N06° 46' 50 "W
152.0
L4
N14° 07' 09 "W
72.6
L5
N01 °12'50 "E
768
L6
N12° 04' 48 "E
2665
L7
N23 °29'35 "E
483.3
L8
N50° 45' 09 "W
92.2
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
aaee sr
D. Malone Jr.
LEGAL SKETCH
aeoc NY
T. Mohony
DUKE ENERGY EASEMENT AT
AR wa
L91_2014 -03
wx
03/31/2014
EDDIE C. MOORE
agar
2 OF 2
FIELDS #5, 6, 7
8/29S/16E