DUKE ENERGY FLORIDA LLCKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2019083970 03/19/2019 02:54 PM
OFF REC BK: 20466 PG: 527-532
DocType:EASEMENT RECORDING: $52.50
�� ENERGY
SEC: 09 TWP: 29S RGE: 16E COUNTY: PINELLAS PROJECT: CW -18-29864908
GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748 CLEARWATER, FL. 33758-4748
SITE ADDRESS: N MCMULLEN BOOTH RD, CLEARWATER
TAX PARCEL NUMBER: 09-29-16-00000-240-0300 09-29-16-00000-240-0400
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, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns,
("GRANTEE") 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, as built and
installed at a mutually agreeable location over, under, upon, across, through and within 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
easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights
granted to GRANTEE herein.
Prepared By: Bruce C. Crawford, Esquire
10901 Danka Circle, Suite C
St. Petersburg, Florida 33716
Return To: Duke Energy
Attn: Land Services
2401 25th Street North, (SP -15)
St. Petersburg, FL 33713
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 itsroper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
AiTdayof f yua ,2019.
Countersigned:
et,44(xmce (44 )
George N. Cretekos, Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
State of Florida )
County of Pinellas )
ss
GRANTOR:
By: lArdLIA")6/6"/2).
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 , 2019
Notary Public
Print/Type Name
My commission expires:
Kapok Manor Condo
Condo Plat Book 22, Page 40
1203
24 06
1301
NTS
z
e ` This is nota survey
2
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Lee Cheek
CHECKED BY
Tom Mahony
Exhibit "A"
10' Duke Energy Electric Distribution Easement
At 1111 McMullen -Booth Road - Ruth Eckerd Hall
Lg1_2019-04
SECT-TWNSP-RNG 9
DATE DRAWN
1 OF 3
- 29 S - 16 E
2/7/19
( CITY OF CLEARWATER
ENGINEERING DEPARTMENT
A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE NORTH 1/2 OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA: THENCE SOUTH 89° 21' 05" EAST, ALONG THE NORTH LINE OF DEL ORO GROVES, AS
RECORDED IN PLAT BOOK 12, PAGE 2 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 477.16 FEET
TO THE SOUTHWEST CORNER OF LOT 21, DEL ORO GROVES FIRST ADDITION, AS RECORDED IN PLAT BOOK 69, PAGE 56 AND
57 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE WEST AND NORTH LINES OF SAID DEL
ORO GROVES FIRST ADDITION THE FOLLOWING TEN (10) COURSES AND DISTANCES: 1. NORTH 00° 16' 15" EAST, 519.23 FEET;
2. SOUTH 89° 19' 45" EAST, 118.80 FEET; 3. NORTH 00° 29' 45" WEST, 79.68 FEET; 4. SOUTH 89° 09' 15" EAST, 245.08 FEET;
5. NORTH 00° 05' 45" EAST, 129.43 FEET; 6. SOUTH 89° 34' 15" EAST, 60.45 FEET; 7. NORTH 00° 10' 15" WEST, 301.98 FEET;
8. SOUTH 89° 17' 15" EAST, 498.69 FEET; 9. NORTH 81° 25' 06" EAST, 479.63 FEET; 10. SOUTH 89° 49' 15" EAST , 251.76 FEET TO A
POINT ON THE WEST LINE OF LOT 25, DEL ORO HEIGHTS, AS RECORDED IN PLAT BOOK 54, PAGE 12, OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID DEL ORO HEIGHTS SUBDIVISION,
NORTH 00° 04' 50" EAST A DISTANCE OF 221.17 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF SAID
SECTION 9; THENCE NORTH 89° 17' 04" WEST ALONG SAID LINE, A DISTANCE OF 1514.66 FEET; THENCE LEAVING SAID LINE,
SOUTH 00° 07' 43" WEST A DISTANCE OF 64.54 FEET; THENCE NORTH 89° 21' 08" WEST A DISTANCE OF 320.00 FEET; THENCE
SOUTH 00° 07' 43" WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 89° 21' 08" WEST A DISTANCE OF 290.00 FEET; THENCE
SOUTH 00° 07' 34" WEST A DISTANCE OF 117 FEET MORE OR LESS TO THE CENTER OF ALLIGATOR CREEK, SAID POINT TO BE
KNOWN AS POINT "A" FOR CONVENIENCE; RETURN THENCE TO THE POINT OF BEGINNING; THENCE NORTH 89° 21' 05" WEST
ALONG THE NORTH LINE OF DEL ORO ESTATES, AS RECORDED IN PLAT BOOK 46, PAGE 29 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, A DISTANCE OF 695.52 FEET; THENCE NORTH 00° 07' 00" EAST A DISTANCE OF 610.82 FEET;
THENCE NORTH 89° 18' 29" WEST A DISTANCE OF 590.03 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF McMULLEN BOOTH
ROAD, (S.R. 593), (A 100' R/W); THENCE NORTH 00° 07' 00" EAST ALONG SAID R/W LINE, A DISTANCE OF 60.00 FEET TO THE
SOUTHWEST CORNER OF KAPOK MANOR CONDOMINIUM VILLAGE ONE, AS RECORDED IN CONDOMINIUM PLAT BOOK 22,
PAGES 48 THRU 51 INCLUSIVE, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 89° 18' 29" EAST
ALONG THE SOUTH LINE OF SAID CONDOMINIUM AND THE SOUTH LINE OF ONE KAPOK TERRACE, A CONDOMINIUM PHASE
VI, AS RECORDED IN CONDOMINIUM PLAT BOOK 102, PAGES 8 THRU 10, INCLUSIVE, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA, A DISTANCE OF 1135.68 FEET; THENCE NORTH 00° 07' 00" EAST A DISTANCE OF 60.00 FEET; THENCE
NORTH 66° 27' 06" WEST ALONG THE NORTHERLY LINE OF THE UNRECORDED ONE KAPOK TERRACE, A CONDOMINIUM,
PHASE VII, A DISTANCE OF 267.83 FEET; THENCE NORTH 00° 07' 34" EAST A DISTANCE OF 140 FEET MORE OR LESS TO THE
CENTERLINE OF ALLIGATOR CREEK; THENCE EASTERLY AND NORTHERLY ALONG THE CENTERLINE OF ALLIGATOR CREEK
AS IT WINDS AND TURNS TO THE AFOREMENTIONED POINT "A."
DRAWN BY
Lee Cheek
CHECKED BY
Tom Mahony
Exhibit -A-
10' Duke Energy Electric Distribution Easement
At 1111 McMullen -Booth Road - Ruth Eckerd Hall
Lgl_2019-04
3 OF 3
0
SECT -maw -ono 9 - 29 $ - 16 E
DATE DRAWN 2/7/19