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DUKE ENERGY FLORIDA LLCKEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2016095786 04/01/2016 at 08:53 AM OFF REC BK: 19138 PG: 63 -70 DocType:EAS RECORDING: $69.50 SEC: 07 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: C4 SUBCABLE CROSSING GRANTOR: CITY OF CLEARWATER SITE ADDRESS: 0 BAY ESPLANADE, CLEARWATER, FLORIDA 33767 DISTRIBUTION EASEMENTS KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns ( "GRANTOR "), for and in consideration of Three Thousand and xx/100 Dollars ($3,000.00) in hand paid, the receipt of which is hereby acknowledged, and 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, easements 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 Easements more particularly described on Exhibit "A" and Exhibit "B" 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 enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (d) 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 easements for the purposes described above. The rights and easements 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. Failure to exercise the rights herein granted to GRANTEE shall not constitute a waiver or abandonment. 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 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, acceptable and recordable easements to cover the relocated facilities. Upon the completion of the relocation, the easements herein shall be considered cancelled as to the portion vacated by such relocation. If these easements are being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are This document prepared by Kristy Parker Return to: Duke Energy - Support Services 3300 Exchange Place, NP4A Lake Mary, FL 32746 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 these easements 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 easements. GRANTOR hereby conveys said easements to Buyer "as -is ", without recourse, representations or warranties whatsoever. GRANTOR expressly disclaims warranty or guarantee concerning the easement property. 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. D LJ V IL [A05 -00152 /180158/1] 1 1 D�D IN WITNESS WHEREOF, the said GRANTOR has caused these easements 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 A 3 day o )&iL Lam. , 2016. Countersigned: - cteo(tet\crr -os George N. Cretekos, Mayor Approved as to form: Laura Mahony Assistant City Attorney State of Florida ) County of Pinellas ) ss GRANTOR: By W !I A/14A4A4Trzt7 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 \day of ri ourtSi ` 2016 Notary Public ` Print/Type Name S1 b"t;rr- [A05 -00152 /180158/1] My commission ex Tres: es-% SANDRA HARRIGER 1460 MY COMMISSION # FF930375 a 6 EXPIRES: January 04, 2020 POINT OF COMMENCEMENT 5/8" IR (NO ID) 1 j A 10 WAY 132'10 32,E 111.67 U 1 Zy It ° u�`'�, u mI t 1, L BAY ESPLANADE — S89'30'48 E X —CUT IN SEAWALL S55'28'28 "E 89.79' 70 Ff 6 R4 � "Y �f /57 �r ss 04, &q (4,4)(-:(-1 ?O��r SKETCH oF PRIVATE SUBMERGED LANDS BAY ESPLANADE.COM, LLC ORB 15290/2075 ?ESCR!PTiON / NORTH LINE OF TRACT DESCRIBED IN DB 706/385 & ' 736/387 (1934) EXTENDED EASTWARCLY TO CHANNEL / _ j_ CITY OF CLEARWATER DB 57/195 (1917). 'I 706/385 & 706/387 (1934) 1"=200' "AREA LESSED OUT OF DEE NO. 17451' PER FDEP BOUNDARY DETERMINATION LETTER DATED 7/13 /2015 POINT OF TERMINATION SOUTH LINE OF TRACT DESCRIBED IN DB 706/385 & 706/387 (1934) EXTENDED EASTWARDLY TO CHANNEL PRIVATE SUBMERGED LANDS BELLE HARBOR, LLC ORB 12209/260 (2002) EASTERLY EXTENSION OF THE / SOUTH LINE OF BAYMONT STREET 4. PA, \cf- fp c of Rop o,9 �� � N 414/ \O pS qSF ` \ o& 4,0 &,TO 9%; J °es, N N \TJ sa© Qic,T ij % t R8 o 6 0 ?J EXHIBIT "A" 1 W "/ Q `�2 PRIVATE SUBMERGED LANDS 4<v PER ORB 16750/35 (2009) EAST SIDE OF MANDALAY CHANNEL O PER PB 60/51 (1964) & WEST LINE OF TIIF DEED No. 17452A (1926) SKIFF POINT (UNIT 5A ISLAND ESTATES PB 60/51) UNSURVEYED SECTION 5 TOWNSHIP 29 SOUTH, RANCE 15 EAST PINELLAS COUNTY, FLORIDA THE ATTACHED SKETCH IS NOT A SURVEY. LOT 36 LOT 35 LOT 34 MacSurvey, Inc. PROFESSIONAL SURVEYORS & MAPPERS FLORIDA LICENSED SURVEYING & MAPPING BUSINESS L87929 22091 US HWY 19 N, CLEARWATER, FLORIDA 33765 727,725 3269 (phone), infoOrnacsurvey.com (email) 40' UTILITY EASEMENT ACROSS A PORTION OF MANDALAY CHANNEL, PINELLAS COUNTY, FLORIDA DRAWN CHECKE DATE REVISIONS DRAWN CPM CHECKED MWS DATE ;AN16 SCALE i =200' DRAWING NUMBER 2014 - 0055006 SHEET 2 OF 2 CADD FILE NO 2014 - 0055606 ;AL DESCRIPT "ON A strip of land 40.00 feet wide lying 15 feet South of and 25 feet North of the following described survey line in unsurveyed Section 5, Township 29 South, Range 15 East, Pinellas County, Florida, and: Commence at a 5/8" iron rod marking the Northwest comer of Block 87 of Mandalay Unit 5, according to the plat thereof recorded in Plat Book 20, page 27 of the Public Records of Pinellas County. Florida; thence N 82° 10' 32" E along the North line of said Block 87, a distance of 111.67 feet to an X -Cut in a seawall marking the Northeast corner of said Block 87; thence S or 26' 43" E along said seawall, a distance of 217.35 feet to the Survey Line described in Easement Area "B" of the easement granted to Florida Power Corporation on October 4th, 1962 and recorded on October 31, 1962 in Official Records Book 1540, page 748 of said Public Records; thence departing said seawall, S 55° 28' 28" E along said Survey Line a distance of 89.79 feet to the North line of those submerged lands conveyed to the City of Clearwater in Deed Book 706, Page 385 and Deed Book 706, Page 387 of said Public Records and the Point of Beginning; thence S 55° 28' 28" E continuing along said Survey Line a distance of 704.86 feet to a point on the East line of those lands described in Trustees of the Internal Improvement Fund (TIIF) Deed No. 17451 and the Point of Termination. The sides of said strip to be extended and trimmed as necessary at the beginning and termination lines to form a continuous 40.00 feet wide strip. Containing 27,836 square feet or 0.639 acres, more or less. SURVEYOR'S N0TE5 1. THIS IS A SKETCH TO ACCOMPANY A DESCRIPTION AS DEFINED IN CHAPTER 5.1- 17.052(5) OF THE FLORIDA ADMINISTRATIVE CODE AND IS NOT A FIELD SURVEY. 2. BEARINGS SHOWN HEREIN ARE BASED ON GRID NORTH AS ESTABLISHED BY THE INVERSE OF PUBLISHED COORDINATES BETWEEN NATIONAL GEODETIC SURVEY HORIZONTAL CONTROL POINTS "872 6724 N TIDAL" & "PCDSM CPS 68" (PID AG9359 & DF5844, RESPECTIVELY), BEING SOUTH 85'02'21" EAST. THE PUBLISHED COORDINATES FOR THESE POINTS RESIDE ON FLORIDA STATE PLANE COORDINATES, WEST ZONE, NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT, 3. POINT OF BEGINNING COORDINATES: NORTHING (Y) = 1,328,063.79', EASTING ( = 390,419.07' FLORIDA STATE PLANE WEST, US SURVEY FEET, NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT COORDINATES DERIVED FROM FIELD SURVEY. CHRIS I'( - "', ER P. MCLAUGHLIN PROFES5iONAL SURVEYOR AND MAPPER ORIDA. REGISTRATION NO. 6614 3 /To s DATE UNSURVEYED SECT;ON 5 TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA THE ATTACHED SKETCH IS NCJT A SURVEY. LEGEND: PB = POB = CORP,= DB = E(X) = EASE,= HDPE= ID = )R = RC = LB = LLC = N(Y) No, = ORB = TIIF = PLAT BOOK POINT OF BEGINNING CORPORATION DEED BOOK EASTING EASEMENT HIGH DENSITY POLYETHYLENE IDENTIFICATION IRON ROD IRON ROD & CAP LICENSED BUSINESS LIMITED LIABILITY CORPORATION NORTHING NUMBER OFFICIAL RECORDS BOCK TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND EXHIBIT "A" MacSurvey, Inc. PROFESSIONAL SURVEYORS & MAPPERS FLORIDA LICENSED SURVEYING & MAPPING BUSINESS LB7929 22091 US HWY 19 N, CLEARWATER, FLORIDA 33765 727 725 3269 (phone), infoOrnacsurvey,com (email) 40' UTILITY EASEMENT ACROSS A PORTION OF MANDALAY CHANNEL, PINELLAS COUNTY, FLORIDA RAWN CHECKED! DATE RE v1Sr0NS 0PM !E�.�ItEI M WS DATE I SCALE 26J.AN16 N/A DRAWNG NUMBER 2014- 0055D06 HEFT F2 006 CARD FILE NO. 20 t- POINT OF COMMENCEMENT 5/8" IRON ROD (NO ID) co JUANITA ..){ WAY 148i501-32"E 1" 111 67' \ \ \ f, ° — rn 92, \ L _ _ BAY ESPLANADE X–CUT IN SEAWALL S7'18'05"E 99.52' S64'59'49E 8.73' 10' EASE FROM BAY ESPLANADE.COM, S57'27'18E LLC TO PROGRESS ENERGY 36.07 • ORB 18166/2556 (2013) S57'25'55E 33' ss\ POB SKETCH OF DESCRIPTION PRIVATE SUBMERGED LANDS BAY ESPLANADE.COM, LLC ORB 15290/2076 S49'20'45"E 61.83' CITY OF CLEARWATER 706/385 & 706/387 \ DB 57/195 (1917), (1934) / / / / / ./•F'' / cS a- / 431,,,, 1 , 14,,f / , NORTH LINE OF TRACT DESCRIBED iN , DB 706/385 & 706/387 (1934) / / / sZ-c:14,4. EXTENDED EASTWARDLY TO CHANNEL / --/, / —S89.307er T– ,Ce) / /414? ....". --■ / / vr e .,-V ) , -.4 ,.... i g c" •Z Q c)., 2/ IP 44., to 4z. ' tiqf cv • c,s5'. / ..t.,/ Pi",S / <fL)) 44? /In- & •<" (3- ......r ,,-- -e- — .ki 0 S51 '29'49"E 6.73' . )-- o, • N, 'N 0 °6? i & (.: 9 jil 7....,..........„ 1"=150' "AREA LESSED OUT OF DEED NO, 17451" PER FDEP BOUNDARY DETERMINATION LETTER DATED 7/13/2015 ,// • v. GI t's SOUTH UNE OF TRACT DESCRIBED IN DB 706/385 & 706/387 (1934) EXTENDED EASTWARDLY TO CHANNEL PRIVATE SUBMERGED LANDS BELLE HARBOR, LLC ORB 12209/260 (2002) EXHIBIT "B" UNSURVEYED SECTION 5 TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA THE ATTACHED SKETCH IS NOT A SURVEY. POINT OF N/'-- TERMINATION _JP4, 0k_ 4, - –4 4 O / ir• e' 'S'e / c) . 6' /P o ita, 4/ MacSurvey, Inc. PROFESSIONAL SURVEYORS & MAPPERS FLORIDA LICENSED SURVEYING & MAPPING BUSINESS L87929 22091 US HWY 19 N, CLEARWATER, FLORIDA 33765 727.725.3269 (phone), infoOrnacsurvey.corn (email) 10' UTILITY EASEMENT ACROSS A PORTION OF MANDALAY CHANNEL, PINELLAS COUNTY, FLORIDA DR A' CP CHECKED DATE DATE MWS 24FEB16 SCALE 1"-=150' DRAWING NUMBER SHEET 2014-005SDO7 2 OF 2 CADD FILE NO 2014-005SD07 LEGAL DESCRIPTION A strip of land, 10.00 feet wide, Tying 5,00 feet on each side of the physical location of the centerline of an existing subaqueous power cable, crossing a portion of Mandalay Channel in Unsurveyed Section 5, Township 29 South, Range 15 East, Pinellas County, Florida, said centerline being more particularly described as follows: Commence at a 5/8" iron rod marking the Northwest corner of Block 87 of Mandalay Unit 5, according to the plat thereof recorded in Plat Book 20, page 27 of the Public Records of Pinellas County, Florida; thence N 82° 10' 32" E along the North line of said Block 87, a distance of 111.67 feet to an X -Cut in a seawall marking the Northeast comer of said Block 87; thence S 07° 18' 05" E along said seawall, a distance of 99.52 feet to a point of intersection with the centerline of an existing power cable as described in the Permanent Subaqueous Cable Facilities Easement recorded in Official Records Book 18166, page 2556 of said Public Records; thence along said cable centerline the following four courses; (1) S 64° 59' 49" E, 8.73 feet; (2) S 57° 27' 18" E, 36.07 feet; (3) S 57° 25' 55" E, 196.33 feet; (4) S 49° 20' 45" E, 61.83 feet to the North line of those submerged lands conveyed to the City of Clearwater in Deed Book 706, Page 385 and Deed Book 706, Page 387 of said Public Records and the Point of Beginning; thence continue along said cable centerline the following four courses; (1) S 49° 20' 45" E, 97,43 feet; (2) S 55° 26' 34" E, 276.54 feet; (3) S 49° 02' 54" E, 173.45 feet; (4) S 51° 29' 49" E, 6.73 feet to a point on the East line of those lands described in Trustees of the Internal Improvement Fund (TIIF) Deed No. 17451 and the Point of Termination. The sides of said strip to be extended and trimmed as necessary at the beginning and termination lines to form a continuous 10.00 feet wide strip. Containing 5,541 square feet or 0.127 acres, more or less. SURVEYOR'S NOTES: 1. THIS IS A SKETCH TO ACCOMPANY A DESCRIPTION AS DEFINED IN CHAPTER 5J- 17.052(5) OF THE FLORIDA ADMINISTRATIVE CODE AND 15 NOT A FIELD SURVEY, BEARINGS SHOWN HEREIN ARE BASED ON GRID NORTH AS ESTABLISHED BY THE INVERSE OF PUBLISHED COORDINATES BETWEEN NATIONAL GEODETIC SURVEY HORIZONTAL CONTROL POINTS "872 6724 N T1DAL" & "PCDSM GPS 68" (PID AG9359 & DF5844, RESPECTIVELY), BEING SOUTH 85'02'21" EAST. THE PUBLISHED COORDINATES FOR THESE POINTS RESIDE ON FLORIDA STATE PLANE COORDINATES. WEST ZONE. NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT, POINT OF BEGINNING COORDINATES: NORTHING (Y) = 1.328.062.42'. EAST1NG (x = 390,580.26' FLORIDA STATE PLANE WEST, US SURVEY FEET. NORTH AMERICAN DATUM OF 1983. 2011 ADJUSTMENT COORDINATES DERIVED FROM FIELD SURVEY. 2 /Zy� CHRISTOPHER P. MCLAUGHLIN DATE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO, 6614 UNSURVEYED SECTION 5 TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA THE ATTACHED SKETCH IS NOT A SURVEY, LEGEND: P8 = PLAT BOOK POB = POINT OF BEGINNING CORP.= CORPORATION DB = DEED BOOK E(X) = EASTING EASE.= EASEMENT HDPE= HIGH DENSITY POLYETHYLENE ID = IDENTIFICATION IR = IRON ROD IRC = IRON ROD & CAP LB = LICENSED BUSINESS LLC = LIMITED LIABILITY CORPORATION N(Y) = NORTHING No. = NUMBER ORB = OFFICIAL RECORDS BOOK TIIF = TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND EXHIBIT "B" MacSurvey, Inc. PROFESSIONAL SURVEYORS & MAPPERS FLORIDA LICENSED SURVEYING & MAPPING BUSINESS LB7929 22091 US HWY 19 N, CLEARWATER, FLORIDA 33765 727.725.3269 (phone), infoOmacsurvey.com (email) r DRAWN CHECKED DATE A CPI` 10' UTILITY EASEMENT ACROSS A PORTION OF' MANDALAY CHANNEL, PINELLAS COUNTY, FLORIDA CHECi!ED DATE SCALE DRAWING NUMBEP SHEET S 24FEB16 N/A ''014- 005S007 1 OF 2 CADO FILE NO 2014- 005S007 LOCATION MAP Exhibit B BA NIrjlHT r 1 _t, L� ,® LLI L� ,-il LLI LLI Exhibit A taatit Document Path: V:\GIS \Engineering \Location Maps \DukeDistributionEasement.mxd Distribution Easements to Duke Energy N W E $ Scale: N.T.S. Prepared by Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526 -4755 www.MyCleaiwater.com Map Gen By: MBK Reviewed By: JB Date: 2/23/16 Grid #: n/a S -T -R: n/a Document Path: V:\GIS \Engineering \Location Maps \DukeDistributionEasement.mxd