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DUKE ENERGY FLORIDA INC(1 DUKE ENERGY SEC: 08 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: CW -15- 841611 GRANTOR: CITY OF CLEARWATER SITE ADDRESS: 332 GULFVIEW BLVD., CLEARWATER, FLORIDA 33759 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 service, 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 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 This document prepared by Kristy Parker Return to: Duke Energy - Support Services 3300 Exchange Place, NP4A Lake Mary, FL 32746 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. J VL © J L J V 1 �l Fng j5IL IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by it _roper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this .20 day of -lie et/21i ibLf , 2015. Countersigned: -Cefo14C nCr e\tV,Qs George N. Cretekos, Mayor GRANTOR: By: 12020L,f,.,t_ William B. Horne, II, City Manager Approved as to form: Attest: Assistant City Attorney State of Florida ) County of Pinellas ) ss 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 o icial seal this / day of /Vi V L , 2015 Notary Public Print/Type Name My commission expires: Notary Public State of Florida Patricia A Kuligowski My Commission FF 044268 �tl' Expires 10120/2017 THIS IS NOT A SURVEY. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBUC RECORDS OF THIS COUNTY. DESCRIPTION: SEC. 08, TWP. 29S., RNG. 15E. PINELLAS COUNTY, FLORIDA A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT CITY OF CLEARWATER BENCHMARK F -02, HAVING FLORIDA STATE PLANE COORDINATES, NORTH AMERICAN DATUM 83(1999), FLORIDA WEST ZONE 83 (1999 ADJUSTMENT) NORTHING: 1322158.98, EASTING: 388711.77; THENCE N4736'36 "W, A DISTANCE OF 824.64 FEET TO THE POINT OF BEGINNING, SAID POINT OF BEGINNING LYING N52'48'03"W, A DISTANCE OF 379.38 FEET FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PERMANENT REFERENCE MONUMENT STATION 15- 77 -B -09, AS SHOWN ON THE PINELLAS COUNTY COASTAL CONSTRUCTION CONTROL LINE MAP OF RECORD, AS RECORDED IN OFFICIAL RECORD BOOK 11760, PAGES 2687 THROUGH 2693, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S87'10'01 "W, A DISTANCE OF 15.00 FEET; THENCE NO2'49'59"W, A DISTANCE OF 237.12 FEET; THENCE N87'10'01 "E, A DISTANCE OF 15.00 FEET; THENCE S02'49'59 "E, A DISTANCE OF 237.12, TO THE POINT OF BEGINNING. CONTAINING 3,557 SQUARE FEET, (0.082 ACRE) MORE OR LESS NOTES: 1. BEARINGS FOR THIS SKETCH & DESCRIPTION ARE BASED ON A LINE DRAWN BETWEEN THE PUBLISHED COORDINATES [NORTH AMERICAN DATUM 83(1999 ADJUSTMENT)] FOR CITY OF CLEARWATER BENCHMARKS 'H -02' AND 'F -02' OBTAINED FROM THE CITY OF CLEARWATER WEB SITE: WNW. MYCLEARWATER. COM /GOV /DEPTS/PWA/ENG1N/ PUBLICATIONS /PDF /CLEARWATERBENCHMARKS.PDF. SAID LINE HAVING A BEARING OF S03'46'56'W. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. THIS SKETCH & DESCRIPTION IS BASED ON U.S. SURVEY FEET. 4. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS. RIGHTS -OF -WAY AND OTHER MATTERS OF RECORD. THE GEOMETRY AS DESCRIBED ON THE RECORDED DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY 565 SOUTH HERCULES AVENUE DEUE a CLEARWATER, FL 33764 �� r S OC TAT E S PH 727.822.41 51 FAX 727.821.7255 � I W W W. DELI ELENGINEERING.COM e CERTIFICATE OF AUTHORIZATION NUMBER 26320 CONSULTING ENGINEERS, SURVEYORS' LAND PLANNERS LICENSED BUSINESS NUMBER 107 DANA A. THIS DOCUMENT 1S NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. / / / 9 /Zo 15 PSM; LS 74 SKETCH & DESCRIPTION CLEARWATER BEACH LOT 32 GULF BOULEVARD CLEARWATER FLORIDA WORK ORDER' 2013 -98S DATE 11/09/2015 DRAM: DES /LKC SCALE NO SCALE SHEET N0. 1 OF 2 Nov 09, 2015 — 4:OOpm X: \CAD Projects \ Projects \2013 \2013 -98E Clearwater Beach Parking — Sand Wall \ Survey \Acad \2013 -96S— DUKE — LS.dwg THIS IS NOT A SURVEY. THERE MAY BE ADDNTIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. LEGEND N87° 10'01"E 15.00' CLEARWATER BEACH CENTERUNE FDEP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (NOW KNOWN AS DEPARTMENT OF NATURAL RESOURCES -DNR) LB UCENSED BUSINESS No. NUMBER POB POINT OF BEGINNING POC POINT OF COMMENCEMENT PSM PROFESSIONAL SURVEYOR & MAPPER RN RIGHT-OF-WAY RANGE SEC. SECTION TWP TOWNSHIP NOTES: W Q Ch 1.-. (V c' 3 M l CITY OF CLEARWATER x BENCHMARK H-02 to ID it, Ll. t.) N:1327683.68 I m E:389077.01 I 0 Z != I SEC. 08, TWP. 29S., RNG. 15E. PINELLAS COUNTY, FLORIDA N 0' 40' SCAL 1• - 40' POB EASEMENT S87 °10'01 "W 15.00' ti /TA �8 1. BEARINGS FOR THIS SKETCH & DESCRIPTION ARE BASED ON A UNE DRAWN BETWEEN 8� THE PUBLISHED COORDINATES [NORTH AMERICAN DATUM 83(1999 ADJUSTMENT)] FOR "6, CITY OF CLEARWATER BENCHMARKS 1H -02 AND -F -02. OBTAINED FROM THE CITY OF CLEARWATER WEB SITE: WWW. MYCLEARWATER .COM /GON /DEPTS /PWA/ENGIN /PUBLICATIONS/ PDF /CLEARWATERBENCHMARKS.PDF, SAID UNE HAVING A BEARING OF S03'46'56 -W. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. THIS SKETCH & DESCRIPTION IS BASED ON U.S. SURVEY FEET. 4. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS. RESTRICTIONS, RIGHTS -OF -WAY AND OTHER MATTERS OF RECORD. THE GEOMETRY AS DESCRIBED ON THE RECORDED DOCUMENTS 'AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. h1 13e,. FDEP STATION 15-77--B-09 \ I \ I POC CITY OF CLEARWATEF BENCHMARK F -02 N:1322158.98 E:388711.77 565 SOUTH HERCULES AVENUE DEUEL CLEARWATER. FL 33764 SSOCIATES PR 727.822.4151 FAX 727.821.7255 WWW.DEUELENGINEERING.COM CONSULTING ENGINEE LAN. SURVEYORS` LAND PLANNERS CERTIFICATE E BUSINESS NUMBER NUMBER 26320 � ' LICENSED BUSINESS NUMBER 107 THIS DOCUMENT IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. DANA Nov 09, 2015 - 4:01pm X: \CAD,Pmjeeta \Projects\2013 \2013 -95E Clearwater Beach Parking Sand Wall\Survey\Acad \2013 -98S- DUKE - LS.dwg SKETCH & DESCRIPTION CLEARWATER BEACH LOT 32 GULF BOULEVARD CLEARWATER FLORIDA WORK ORDER' 2013-98S DATE 11/09/2016 DRAM: DES /LKC SCALE: 1" - 40' SHEET NO. 2 OF 2