DUKE ENERGY FLORIDA INC (2)KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2014158653 06/04/2014 at 02:04 PM
OFF REC BK: 18422 PG: 1761 -1765
DocType :EAS RECORDING: $44.00
('DUKE
ENERGY.
SEC.: 08 1 TWP: 29S 1 RGE: 16E 1 COUNTY: Pinellas 1 PROJECT: CW -14- 527474
GRANTOR: Carolyn L. Bomberger
SITE ADDRESS: 0 Melonwood Avenue, Clearwater, FL. 33759
TAX PARCEL NUMBER: 08/29/16/00000/140 /0100
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, lessees, licensees,
transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in perpetuity, such
facilities as may be necessary or desirable for providing electric energy and service and communication systems,
whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said facilities
being located in the following described "Easement Area" within GRANTOR'S premises in Pinellas County, to
wit:
A 10.00 foot wide Easement Area defined as lying 5.00 feet on each side of GRANTEE's facilities to be
installed at mutually agreeable locations under, over, across and through the following described property to
accommodate present and future development:
See Legal Description on the accompanying Exhibit "A" attached hereto and incorporated herein by this
reference. (This Easement is to serve the Raw Water Well for the City of Clearwater, therefore, City of Clearwater
will be responsible for several items within this easement).
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 trim or remove any trees or vegetation adjacent to, but outside the Easement
Area (but only the portion owned by GRANTOR) 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
This document prepared by Kristy Parker, Esq.
Return to: IAdke Energy - Land Services
2166 Palmetto Street,
Clearwater, FL. 33765; CW -13
others affecting said easement area provided that such rights do not create by GRANTOR 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 by GRANTOR 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 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
prior to the relocation of said facilities (a) CITY OF CLEARWATER shall pay to GRANTEE the 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. This legal description was provided by
CITY OF CLEARWATER. In the event facilities are located outside of this legal description, CITY OF
CLEARWATER shall pay for any relocation costs necessary or shall amend this legal description to cover the
actual facilities.
GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in
GRANTOR's premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from any
and all damages and injuries, whether to persons or property, resulting from interference with GRANTEE's
facilities by GRANTOR or by GRANTOR' s agents or employees.
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 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.
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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.
IN WITNESS WHEREOF, the said GRANTOR has hereunto affixed its hands and sealed this. `7 day of
G14O1—. , 2014.
WITNESSES:
ignature of F ;{ st Witnes
(r) I r'1 LhL Cf j
Print or T Name of First Witness
_1 .41....1.11../A
gnature of Se • d itness
L •Chr evtS
Print or Type Name of Second Witness
State of F--/O �t ci cZ
County of A- I tc % i t-GL
ss
GRANTOR(S):
Signature o irst Grantor
Carolyn L. Bomberger
Print or Type Name of Grantor
Grantor(s) mailing address:
2760 NW 26th Place
Gainesville, FL 32605
The foregoing Easement was acknowledged before me this 0-11 day of A- p r t ( , 2014, by
0 v2-ev, l -. 6) n46«,13CA
personally known to me 1or who has/have produced as
identification and who did/did not take an oath.
who
is/are
NOTARY SEAL
• Commissions# EE 'A 876921
Expires June 21, 2017
&Mod Thu Tiy Fin Inswnna 800.385-7019
Notary Public
Serial Number:
My Commission Expires:
The City of Clearwater joins in executing this easement only for the purpose of consenting to its obligations to
pay the actual costs for relocation of the easement, if necessary, as set forth herein.
Countersigned:
kory ,er\cfc\40,
George N. Cretekos, Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
State of Florida )
) ss
County of Pinellas )
By:
William B. Horne, II, City Manager
Attest:
k(4U ah Q-
Rosemarie Call, City Clerk
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 avo. day of (L.vl , 2014
Notary Public
Print/Type Name .� rf7
' My commission expires:
SANDRA HARRIGER
NOTARY PUBLIC
STATE OF FLORIDA
s�..;r. Comm# EE142238
40E1 Expires 1/4/2016
EXHIBIT "A"
A strip of land in the North 1/2 of the Section 8, Township 29 South, Range 16 East, described as
follows: From the Northeast corner of the Southeast 1/4 of the Northwest 1/4 of said Section 8,
proceed South 89° 33' 07" East, 1,356.09 feet; thence South 89° 35' 40" East, 85.57 feet; thence
continuing South 89° 35' 40" East, 294.10 feet to the POINT OF BEGINNING, said POINT OF
BEGINNING being at the Northeast comer of WOODVALLEY UNIT NO. 5, Plat Book 68,
Page 32 of the Public Records of Pinellas County, Florida; thence South 00° 46' 49" West, along
the East line of said WOODVALLEY UNIT NO. 5, 1,339.19 feet to a Southeast comer of said
Unit No. 5, being also the Southeast comer of Lot 26; Block 4, WOODVALLEY UNIT NO. 5,
Plat Book 68, Page 32, of the Public Records of Pinellas County, Florida; thence, South 89° 36'
36" East, along a North line of Mission Hills Condominium, Condominium Plat Book 9, Page 45
of the Public Records of Pinellas County, Florida, to a West line of said Mission Hills
Condominium; thence North 00° 07' 04" East, 1,338.88 feet to a South line of said Mission Hills
Condominium; thence North 89° 35' 26" West to the POINT OF BEGINNING.