DUKE ENERGY FLORIDA INCN RGY.
SEC: 18 I TWP: 29S I RGE: 16E I COUNTY: PINELLAS I PROJECT: CW- 13- 527456
GRANTOR: CITY OF CLEARWATER
SITE ADDRESS: 1000 EDENVILLE AVENUE, CLEARWATER, FL. 33764
TAX PARCEL NUMBER: 18/29/16/00000/430 /0500
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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as
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name
by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
1) }4' day of . ipr-e_hc lc.u1 , 2014.
Countersigned:
George N. Cretekos, Mayor
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
GRANTOR:
By: Il420—eu........
William B. Horne, II, City Manager
Attest:
Rosemarie Call, City Clerk
/V. T S
This is not a survey
6' chain
link fence
or
NO2 °37'53 "W 5.6'
EXHIBIT "A"
Henry L. McMullen
Tennis Complex
concrete slab with
well head
5.0'
S85 °21'35 "W 48.0'
6' easement er plat)
Note: Basis of bearings derived from
the north boundary line of Tropic
Hills Unit -2 as described in
Subdivision Plat Book 58, Page 5
and is recorded as having a bearing
of North 88' 57' 02" West.
Lot 14
43/05
4076 -1112
3759 -104
N85 °59'07 "W 39.0'
Lot 13
lI
N54 °18'07 "W 57.0'
5.0'
iAIlIlIIIIIIIIIIIIIIIhi _
0
co
4) 0
0�
N U
C 0
J �
L_ -0
0
0_
0 0
L._ m
0)
5)
PO /NT OF
BEGINNING
N88 °59'21 "W 105.0' I
Ar
Basis of Bearings N88' 57' 02 "W
Tropic Hills
Unit -2
Plat Book 58,
Page 5
Block "B"
Lot 12
North Right —of —Way Line cf Burnice Drive (a 60' Right
Legal Description:
A Utility Easement described as follows:
Commence at the Northeast corner of Lot 11 in "Tropic Hills Unit -2"
as recorded in Subdivision Plat Book 58, Page 5, in the Public
Records of Pinellas County, FI, thence North 88' 57' 02" West along
the north property line of said Lot 11, a distance of 17.9 feet;
thence North 01' 01' 18" East along the west property line of Metes
and Bounds Tract 44/06, a distance 6.5 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 South 88' 59' 21" West, a
distance of 105.0 feet; thence North 54' 18' 07" West, a distance of
57.0 feet; thence North 85' 59' 07" West, a distance of 39.0 feet;
thence South 85' 21" 35" West, a distance of 48.0 feet; thence
North Z 37' 53" West, a distance of 5.6 feet, where the centerline
easement terminates with side lines of said strip to be shortened or
lengthened at each point of intersection and change in direction of
said centerline easement.
10.0'
L2
L1
PO /NT OF
COMMENCEMENT
Lot 11
of Way)
0
0
0
00 N
0
4) 0
c 0
J ,-
> N
5) T)
aN C
0 0
0 0
m
0)
Line Table
Line #
Direction
Length
LI
N88° 57' 02 "W
180'
L2
NO1 °01'18'E
6.5'
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
BRAIN sr
D. Melons Jr.
LEGAL SKETCH
CIECKED er
T. Mahony
DUKE ENERGY EASEMENT AT
DAN
03/26/2014
HENRY L. MCMULLEN
TENNIS COMPLEX
sax es.
Lg1_2014 -01
afar
1 OF 1
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