DUKE ENERGY FLORIDA INCD
SEC: 11 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: CW -14- 802364
GRANTOR: CITY OF CLEARWATER
SITE ADDRESS: 714 NORTH SATURN AVE, CLEARWATER, FLORIDA 33755
TAX PARCEL NUMBER: 11- 29 -15- 00000- 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:
A 10.00 foot wide Easement Area 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.
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
This document prepared by Kristy Parker
Return to: Duke Energy - Support Services
3300 Exchange Place, NP4A
Lake Mary, FL 32746
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
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.
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name
by its proper o icers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
phi 9 day of (u- .-y' , 2015.
Countersigned:
George N. Cretekos, Mayor
Approved as to form:
dfit
Laura Mahony Rosemarie Call, City Clerk
GRANTOR:
BY: U.v.. (J 4,44,t,14,Tzt.
William B. Horne, II, City Manager
Attest:
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 a4-tv, day of t talri) r)2. r , 2015
Notary Public
Print/Type Name
My commission expires:
AttYlte
1 ark
Scott Burrows
COMMISSION # FF164993
EXPIRES: October 1, 2018
WWW.AARONNOTARY.COM
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N.T.S. EXHIBIT "A"
This is not a survey
PALMETTO ST. O.R. Book 1818, Page 6- 49
/ fight —of y E�me t �. took 34 P�g is
Lot 89
Lot 88
Lot 87
1 —
Lot86
I- I
Lot 85
Lot 84 1
(�
VLot 83 I
t
Lot 81
1- —
Lot 80
--I
I Lot 79
Lot 78 1
1--
Lo177
t
t I Lot 19
t
I Lot 20 ItI
L--- - - - - -J L_ - - - --
r
Lot 82
z
Lot 18 Lot 17 I Lot 16 I Lot 15 Lot 63 Lot 67 Lot 222
Drew Manor I Drew Terrace
LPlat Book 49, Page 3 1 Ptat Book 48, Page 20
L L KENNETH PL.
r--- -T - - -- I r--- -7 - - --I
0.R.
Book 3471, Page 329
City Nursery
M & B
41/01
D.B. 888, Page 460
901 N SATURN AVE
Hacienda
Apartment Complex
M & B
41/03
551 N SATURN AVE
A Duke Energy Utility Blanket Easement
covering a portion of a property
recorded in O.R. 888, Page 460 in the
Public Records of Pinellas County, FI.
more particularly described as follows:
That part of the Northeast of the
Southeast i of Section 11, Township 29
South, Range 15 East lying West of the
West Right-of-Way of Saturn Avenue;
lying North of Lots 22, 63, and 64 of
Drew Terrace Subdivision; also Tying
North of Lots 15 through 19 of Drew
Manor Subdivision; lying East of Lots 77
through 89 of Ambelside Second
Addition Subdivision; lying South of the
South Right -of -Way of Palmetto
Avenue, as dedicated in a Right -of -Way
Easement recorded in O.R. Book 3471,
Page 329, all recorded in the Public
Records of Pinellas County, FI.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
D Melone, Jr.
CHECKED BY
T Mahony
Duke Energy Blanket Utility Easement
Sid Licton / Fred Cournoyer
Recreation Center
LGL_2015 -14
SECT — TWNSP —RNG
SHEET
1 OF 1
11 - 29S - 15E
DATE DRAWN 09 -16 -2015