DUKE ENERGY FLORIDA LLC (2)DUKE
ENERGY
SEC: 12 TWP: 29S 1 RGE: 15E COUNTY: PINELLAS PROJECT: CW- 14- 572006
GRANTOR: CITY OF CLEARWATER
SITE ADDRESS: 1020 N Hercules Avenue, Clearwater, Florida 33755
TAX PARCEL NUMBER: 12- 29- 15- 55836- 001 -0013
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, LLC, d/b /a DUKE ENERGY, a Florida Limited
Liability Company ( "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 officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
day of --)/ 6-C.-i , 2015.
Countersigned:
George N. Cretekos, Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
State of
Florida
) ss
County of Pinellas )
GRANTOR:
By: IA)
11141:44/‘4 t 611444-6-21'
William B. Horne, II, City Manager
Attest:
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 /-g day of 4 i Z v • a-% , 2015
My commission expires:
Notary Public
Print/Type Name
Scale 1" = 40'
This is not a survey
T
CLEARWATER
EXECUTIVE
AIRPARK I r Tj
l
EXHIBIT "A"
Clearwater Natural
Gas Filling Station
1020 N. HERCULES AVENUE
PO/NT OF
BEGINNING
L3
A Utility Easement described as follows:
r
60' x 69' Gas Meter and
Regulator Easement
O.R. 8042 -86
—O.R. 17433. Page 655
N89 °19'I0 "W 146.00'
property line
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Icc
PO /NT OF
TERM /NA T /ON CLEAR WATER
EXECUTIVE
AIRPARK
Commence at the center of Section 12, Township 29
South, Range 15 East, thence N 89' 19' 10" W, a
distance of 50.0 feet to a point on the west
right —of —way of North Hercules Avenue; thence N 00'
16' 59" E along said west right —of —way, a distance of
30.3 feet to a point on a Duke Energy utility easement
as recorded in Official Records Book 17433, Page 655
in the Public Records of Pinellas County, FI,; thence N
89' 19' 10" W, a distance of 146.0 feet to a Point of
Beginning of a 10.0 foot centerline easement, with 5.0
feet on each side and parallel to the centerline; thence
S 00' 40' 50" W, a distance of 10.6 feet to a point of
termination.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
D Melone, Jr.
Line Table
Line #
Direction
Length
LI
N89° 19' 10 "W
50.0'
L2
N00° 16' 59"E
30.3'
L3
S00° 40' 50 "W
10.6'
_iillllIIIIIIIIIIII���,,..
]COJ. ,Eghf -'�
VJ1
D O
O
L J PO /NT OF COMMENCEMENT
= CENTER OF SECT /ON 12,
TOWNSH /P 29 S, RANGE 15 E
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Linetype Legend
Easement
Property Line
Right —of —Way Line
CHECKED BY
T Mahony
Duke Energy Easement
Clearwater Natural Gas Filling Station
Owc, P40.
La_2015 -12
SHEET
1 OF 1
SECT — TWNSP —RNG 12 - 29S - 15E
DATE DRAWN 09 -11 -2015