DUKE ENERGY FLORIDA LLC (2)Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2019205625 06/27/2019 03:16 PM
OFF REC BK: 20594 PG: 2500-2507
DocTYPe:EASEMENT RECORDING: $69.50
D DOC STAMP: $0.70
UTILITY & DRAINAGE EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which
is hereby acknowledged, and the benefits to be derived therefrom, Duke Energy Florida, LLC, d/b/a Duke
Energy, a Florida limited liability company, whose mailing address is Post Office Box 14042, St Petersburg,
Florida 33733 ("Grantor"), does hereby grant and convey to the City of Clearwater, Florida, a Florida
municipal corporation whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Grantee"),
its licensees, agents, successors and assigns a non-exclusive easement over, under, across and through the
following described land lying and being situate in the County of Pinellas, State of Florida, to wit:
See Exhibit A appended hereto and by this reference made a part hereof ("Easement
Premises")
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises to construct, reconstruct, install and maintain therein the herein referenced utilities, which in no
instance shall include natural gas lines of any metallic material, together with appurtenances thereto
(collectively, "Facilities"), and to inspect and alter such Facilities from time to time. Grantee shall be solely
responsible for obtaining all governmental and regulatory permits required to exercise the rights granted
herein. The Facilities shall be constructed in strict compliance with the plans approved by Grantor, attached
hereto as Exhibit B and incorporated herein by reference. Any future reconstruction, improvements, or
alterations (which shall not include routine and emergency repair and maintenance of the Facilities) must be
approved by Grantor.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall promptly
restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion
of any work activities undertaken in the exercise of these rights to at least the same quality of condition that
existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding
occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of
all work activities in a timely manner.
Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein
described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this
easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful
possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of
ownership of the Easement Premises not inconsistent with the easement rights granted herein.
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate
Grantee's Facilities constructed within the Easement Premises to facilitate further development or
redevelopment of the property encumbered hereby; then Grantee, its successors or assigns, shall find an
alternate easement for the Facilities constructed within the Easement Premises, and shall at Grantee's sole
cost and expense reconstruct the Facilities within the alternate easement. Upon completion of the Facilities'
relocation, Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the
public records of Pinellas County, Florida.
Subject to the limits of Florida Statute 768.28, Grantee agrees to indemnify and hold harmless Grantor
from all liability related to or arising from Grantee's negligence in the construction and maintenance of the
[A05-00152 1234375/11
Facilities. Notwithstanding anything to the contrary herein, this indemnification shall include, but is not limited
to, the following:
a. All costs associated with moving, removing, or replacing the Facilities and
appurtenances. This includes, but is not limited to movement, removal, or replacement required by or
resulting from the relocation of Grantor's electrical facilities on the Easement Premises; or
b. All costs associated with claims or actions brought against Grantor related to Grantee's
use of the Easement Premises.
The term costs, as used in this Agreement, is meant to include, but is not limited to the following:
Legal fees of Grantor; and
ii. Fees related to obtaining any easements, permits, licenses, etc. necessary or
desired for the relocation of Grantee's Facilities by Grantor.
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 Grantee to be sued by third parties in any manner arising from this grant
of easement, or as a waiver of sovereign immunity.
All underground facilities must be capable of withstanding a heavy equipment load bearing weight of
eighty thousand (80,000) pounds ("Load"). Grantor will not be responsible for damages to the installed
Facilities as a result of the impact of the Load. All manholes and inlets are to be flush with final grade and
capable of withstanding a load bearing weight of eighty thousand (80,000) pounds.
This easement shall run with the land and is binding upon the Grantor, the Grantee, their heirs,
successors and assigns. The rights granted herein shall be non -perpetual, and shall terminate upon non-use
of the solid waste transfer station and the Phillies Carpenter Field complex which the Facilities are intended
to serve, by the written mutual agreement of both parties, or by abandonment of the Easement Premises by
Grantee.
[A05-00152 /234375/1]
IN•�ITNESS WHEREOF the undersigned grantor has caused these presents to be duly executed
this L'Yt' day of 3''r/ /I,% , 2019.
Signed, sealed and delivered
in the presence of:
6 ate/ Jftzt
ss sig r(ature
not witness name
Witness signature
Print witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Duke Energy Florida, LLC
a Florida limited liability company
By:
Name: aren Adams
Title: Manager, Land Services — Florida Region
APPROVED
By Chris King at 8:31 am, Jun 04, 2019':
Before me, the undersigned authority, personally appeared Karen Adams, as the Manager, Land
Services — Florida Region of Duke Energy Florida, LLC, who executed the foregoing instrument, and who
acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes
herein set forth, and who [ )( ] is personally known to me, or who [ ] did produce
as identification.
Notary Public - Sta a of Flori
ITtom S` e vio -Coto
Type/Print Name
[A05-00152 /234375/1]
My commission expires:
s ;!ftti, NOMAS R. HUDSON
••• * MY COMMISSION t FF N
EXPIRES: *id* 19, 201$
Of licAdWNLIMPINONVSINiele
IN WITNESS WHEREOF, the undersigned grantee has caused these presents to be duly executed
this day of , 2019.
Signed, sealed and delivered
in the presence of: City of Clearwater, Florida
a Florida municipal corporation
LC tVrtVki:,
By:
Witness signature Name: George N_ Cretekos
Title: Mayor
Print witness name
Witness signature
Print witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS //
efore me, the undersigned authority, personally appeared o 3 & 0(/, Cx ei4icocras the
oxo. of the City of Clearwater, Florida, who executed fhe foregoing instrument, and who
acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes
herein set forth, and who [ 1/1 is personally known to me, or who [ ] did produce
as identification.
2
of Public - State of Florida
Au/ (A.�-s
Type/Print Name
N
[A05-00152 /234375/1]
My commission expires:
N89°59'35"E 236.29' North Line Southeast of Section 07 -29S -16E
West Line Northeast i of the Southeast i of Section 07 -29S -16E
I
(Basis of Bearing)
POINT OF COMMENCEMENT
NORTHWEST CORNER OF THE
NE 1 OF THE SE a OF SECTION 07 -29S -16E
DUKE ENERGY
F.K.A.
FLORIDA POWER CORPORATION
RIGHT-OF-WAY
OR 1472, PG 385
[34' RIGHT-OF-WAY AND UTILITY
EASEMENT
OR 6511, PG 1103
26' BICYCLE PATH EASEMENT
I OR 7920, PG 2087
cNi
a
20' UTILITY EASEMENT OR 2510, PG 111
Note:
1) All distances in US Survey Feet.
A 35' Utility and Drainage Easement described as follows:
Commence at the Northwest corner of the NE of the SE of Section 7, Township 29 S, Range 16 E; thence N 89° 59' 35" E, along
the North line of the Southeast of Section 7, Township 29 S, Range 16 E, a distance of 236.29', to the Florida Power Corporation Right -of -Way East line
as recorded in Official Records Book 1472, Page 385, of the Public Records of Pinellas County, Florida; thence S 00° 42' 40" W, along said Florida Power
Corporation Right -of -Way East line a distance of 193.11'; thence S 00° 41' 20" W, along said Florida Power Corporation Right -of -Way East line a distance
of 65.00' to a Point of Beginning; thence continue S 00° 41' 20" W, along said Florida Power Corporation Right -of -Way East line a distance of 331.29';
thence N 89° 18' 40" W, a distance of 35.00'; thence N 00° 41' 20" E, a distance of 279.79' to a point of intersection with a 34' Right -of -Way and Utility
Easement as recorded in Official Records Book 6511, Page 1103, of the Public Records of Pinellas County, Florida also being a point on a curve of the said
easement concave to the Northwest; thence along a curve of said easement and along the arc of a curve, having a radius of 132.28', a central angle of
27° 13' 37", an arc length of 62.86', a chord bearing of N 34° 53' 22" E, and a chord length of 62.27' to the Point of Beginning.
C1
LEGEND
OR Official Record
PG Page
No. Number
CR County Road
F.K.A. Formerly Known As
HN.T.S. Not To Scale
o \ R/W Right -of -Way /
0 \ /
Cl) Florida Power Corporation
Right -of -Way East Line
1-
CITY OF CLEARWATER OWNED
PROPERTY
CARPENTER FIELD
POINT OF
BEGINNING
35' Utility & Drainage Easement
Containing 0.24 Acres (+1-)
Line Table
Line #
Bearing
Distance
LI
S 00° 41' 20" W
65.00'
L2
N 89° 18' 40" W
35.00'
NTS
Curve Table
Curve #
Radius
Arc
Length
Chord
Bearing
Central
Angle
Chord
Length
C1
132.28'
62.86'
N 34° 53' 22" E
27° 13' 37"
62.27'
72-1
Legal Description
This is not o survey
Containing 0.24 Acres More or Less.
1
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Jim Benwell
CHECKED BY
Tom Mahony
Exhibit "A"
35' Utility and Drainage Easement
From Duke Energy
DWG. NO.
Lg1_2019-01
SHEET
1 OF 1
SEC-TWNSP-RNG 07 - 29 S - 16 E
DATE DRAWN 05/31/19
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e Northeast a of the Southeast 3 of Section 07-29S
DUKE ENERGY
F.K.A.
FLORIDA POWER CORPORATION
RIGHT-OF-WAY
OR 1472, PG 385
40' X 40' DUKE ENERGY HIGH
POWER TRANSMISSION
TOWER
RO OSED 3 U 1 1
uke Energy
East Property
Line
CITY OF CLEARWATER
OWNED PROPERTY
CARPENTER FIELD
- PROPOSED 12" WATER MAIN
--
PROPOSED 4" RECLAIMED
WATER MAIN
PROPOSED 4" GAS MAIN
PROPOSED DUKE ENERGY 18"
STORMWATER MAIN IN LIEU
OF EXISTING DRAINAGE SWALE.
J
4+
V ` / AC'L.rl ys% AirA. L'i+rA Cr. I
iiirr�p iii ar<�iii
III EXISTING MAIN ENTRANCE DRIVE
NEW DINING & DORMITORY BUILDING
I0
///////////////, I.
XIS TING GATIA
HOUSE
Li
MATCH LINE
EXHIBIT B
DEVELOPMENT PLAN NORTH
1" = 50'-0"
180 Mirror Lake Orive North
St. Petersburg Florida 33701321/
(727) 822-5566 fax (727) 822-547
wWw.RyarcCDm
4.40002277
PHILLIES CARPENTER FIELD EXPANSION
CLEARWATER, FL 33765
OWarmematNv Jensen A Chtte ts. Inc.
AWWTEMS C0.n1011 nA-COPYRGHT AND OTHER PROPERTY RIGHTS AM HEREBY RESERVED IN INF IDEAS. DEFIGIIS. PEAK DRAWINGS, AND SBECinU,gxS PRODUCED a.,- ARCHITECT THESE
10EAf.DENGNT, PLANS DRAWIKS, AND MEOW/ ONS SHV, NOT BE REPRODUCED OR CONVEYED M ANY MARINA NOR ASSIGNED TO ANT THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN
PERMISSION Of TEE ANSWER. CONSENT O HERMIT GRANTED TO GOVERNMENTAL AGENCIES TO REPRODUCE THE CDSERUCI WN DRAWINGS RI COMPLIANCE WITH THE STATE STATUTES. TO THE FEST Of
ME MODEM'SOE ENOUEFRY MNOWKONE. INF NUNS AND SPECENATpM COMPLY WITH THE APRLICAME MINIMUM BUILDING CODES AND TEE NAJCAB E FMF SASETY STANDARDS AS OfMARKO BY
ME LOCAL AVMORETV IN ACCORDANCE Wrtf. CHAPTERS AM ARO 6310f THE ROMA STAINES
Project it
Date
1736
06-03-19
DEVELOPMENT
PLAN NORTH
SK -1
MATCH LINE
II
C
TT Thi
_ (
DU E ENERGY
.A.
CORPORATION
F -WAY
PG 385
10
{
PROPOSED
PARKING
PROPOSED—
6 PARKING__
HD -32
NC -53
DEVELOPMENT PLAN SOUTH
,._50.-0.
EXHIBIT B
0
180 Mirror lake Drive North
S. Petersburg, Fbrlda 33701-321 ,
(727) 822-5566 fax (127) 822-547TAY
721) 22 556Gn
vAvw
AA0002277
PHILLIES CARPENTER FIELD EXPANSION
CLEARWATER, FL 33765
O Wannemarher Jensen Architects, Inc
AAD€0000 CONAN W 4Gt MNwn ANO OTHER Raver Dams AM HE OO NSERVEE w THE IwAI. DEW.. MAMS. GeAWINGS.MO sR:CNIcATwxs FROGUCEG RT THE ARCHITECT. MIM
IOUS, DESNa. OuxS, DRAWN.. Mw SWIM/Mous %ALIN. BE ww004.0 OR CONVEYEDw Are MANNER NOR ASSIGNED TO ANY THIRD RAM milli. MST OBTAINING THE VMS WIM[N
PERMISSION OF THE ARCHITECT. consums Hauer (Ammo T UST Cli
DIEMROIIFCT3 OF EMwNEERKN
SOWIEDGE. Da PLANS MDYtcwwVA
TN CONRYrNTHf AwM
uC.at MINIMUM WILDING N4 ODES MDAOHOUR EIRE TTHE
AnOARDS AS BY
THE I.O<AE AOTxMm' Ix Arm.nuel SMUT CHARTERS SUMO EaJOSINF RORIDA STATUTES
Project #
Date
1736
06.03.19
DEVELOPMENT
PLAN SOUTH
SK -2
EASEMENT LINE
ALL UNDERGROUND FACILITIES MUST BE CAPABLE OF A HEAVY EQUIPMENT LOAD BEARING WEIGHT OF 80,000
LBS. DUKE ENERGY WILL NOT BE RESPONSIBLE FOR DAMAGES TO THESE INSTALLED FACILITIES. ALL
MANHOLES AND INLETS ARE TO BE FLUSH MOUNT WITH FINAL GRADE AND CAPABLE OF WITHSTANDING 80,000
LBS.
35'-0'
30'-0'
SERVICE DRIVE
PROPERTY LINE
DUKE ' CITY OF
PROPERTY I CLEARWATER
PROPERTY
•
VARIES
O
„ — o1111
• =gym Hiliiiia 11111 11111 lliT 1I1111 111 4�11
-11111 VIII11111 11111-11-1 11111=11111 1, a Hni iii Tllu lllll VIII -1111.1 II 11111 11111 11111 VIII 11111 VIII 11111 VIII it -III VIII 1111
III -11111_11111-11111-1111111111_11111-11111-11111= IIIIL 1 1-;:11111= III 11111-11111 ��11-v;11111-11111---11111-11111-1111_ 111111 111111 -11 II k61 IIII-
-.11111-_11111=---11111---J11111----11-11111_11111-111111--1.1111--11111 III -171111 111115-!.111-1111-- 111 11111=11111 11111=11111 11111 :0 11111:11111-1111-I 1111•
111-11111=11111-11111 11111-11111_11111_1111111111— _(1111— �I — _ =111 1111 11111-11111 11111--11 1111-1 —11111 111 1 II -1 11111 1111 III
-11111 11111-11111 VIII„I4I 11111=11111 11111-11111 11111-21111,,,-,11111,-1711E-1 11,,111114W1,---1-,11m1111111111--±1111M1111-11111---111- -11111--11111 IIIIL=1111 I lEi-11111- 11111=III
FACE OF BUILDING 2
CARPENTER COMPLEX
T.O. STORM VAULT 25.4
STORM VAULT
-}$8.0. STORM VAULT 21.85
PROPOSED 18”
STORMWATER MAIN
CODUKE EASEMENT CROSS SECTION
PROPOSED PROPOSED - PROPOSED
4" GAS MAIN 4" RECLAIMED
WATER MAIN
12" WATER MAIN
CLEAR AREA - ELECTRICAL CONDUITS
FOR FUTURE
DUKE ENERGY
UTILITIES
EXHIBIT B
.831-5566
5:e Olive ;,,,.111
O.277
PHILLIES CARPENTER FIELD EXPANSION
CLEARWATER, FL 33765
IDWanal•MW 1.1.14•1 Md... Idle.
141.5610N C(110 .04ITCT COMM 6 MEN 64,16.10 6C.1.1.NIMAL 1.(11105 r11.030.10 .0116111.70111131M.051110.4.1•110 1611111W PM MINH TOME 1161 Or
BI1401116 WKS MAO DE PI WRY SINIONIS /6 LVE104.1V
Projena 1736
Data 04-17-19
DUKE EASEMENT
CROSS SECTION
SK -3
STATE OF FLORIDA
COUNTY OF PINELLAS
AFFIDAVIT OF NO LIENS
: ss
BEFORE ME, the undersigned authority, personally appeared Karen Adams
as Manager, Land Services -Florida of Duke Energy Florida, LLC, whom, being duly authorized
does depose and say:
1. That aforesaid party is the owner of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
See Exhibit "A" appended hereto and by this reference made a part hereof
2. That there has been no labor performed or materials furnished on said property for which
there are unpaid bills for labor or materials against said property, other than those which
will be paid during the normal course of business, except: (list, or if none, insert "NONE".
If no entry, it will be deemed that "NONE" has been entered.)
NONE
3. That there are no liens or encumbrances of any nature affecting the title of the property
herein described, except easements and restrictions of record, any encroachments,
overlaps or other rights of third parties which would be shown by a current survey, except:
(list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been
entered.)
NONE
4. That no written notice has been received for any public hearing regarding assessments for
improvements by any government, and there are no unpaid assessments against the
above described property for improvements thereto by any government, whether or not
said assessments appear of record.
5. That there are no outstanding sewer service charges or assessments payable to any
government.
6. That the representations embraced herein have been requested by the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon in connection with the
granting of the easement herein being conveyed to encumber the above-described
property.
[A05-00152 /234375/1]
Signed, sealed and delivered
in the presence of:
Witness sig atu e
cc
Print witness name ,y
(.3>/t-diJa \(S -
Witness signature
-I` P.h e e a rd so in
Print witness name
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
Duke Energy Florida, LLC
a Florida limited liability company
By:
dat,V
Name: Karen Adams
Title: Manager, Land Services — Florida Region
(APPROVED
(By anis King at 9:10 am JIM 04, 2019
Before me, the undersigned authority, personally appeared Karen Adams, as the Manager, Land
Services — Florida Region of Duke Energy Florida, LLC, who executed the foregoing instrument, and who
acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes
herein set forth, and who [ xx ] is personally known to me, or who [ ] did produce
as identification.
Nota blic - State o
Thomas R. Hudson
Type/Print Name
[A05-00152 /234375/1]
My commission expires:
THOMAS R. HUDSON
* * MY COMMISSIONt FF li0
ikVal EXPIRES: *tabor 19, 2019
.41t��p, BudsdThiu Mabry Sinks