19-14RESOLUTION NO. 19-14
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING A DRAINAGE & UTILITY EASEMENT FROM DUKE
ENERGY FLORIDA, LLC, FOR THE CONSTRUCTION,
INSTALLATION, AND MAINTENANCE OF CITY UTILITY
FACILITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs a drainage & utility easement from Duke Energy
Florida, LLC for the construction, installation and maintenance of certain utility facilities; and
WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept
said grant of easement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER
FLORIDA:
Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easement,
a copy of which is attached hereto and incorporated herein as Exhibit "A".
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this •0124-1— day of \ '� L� �- , 2019.
CVAI r 1,er\Cr C .VOf
Approved as to form:
Laura Mahony
Assistant City Attorney
[A05-00152 /234722/1]
George N. Cretekos
Mayor
Attest:
CH agar.
Toy RosemarpCall
City Clerk
Resolution No. 19-14
EXHIBIT A
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
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 /234375/1]
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 WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed
this day of , 2019.
Signed, sealed and delivered
in the presence of: Duke Energy Florida, LLC
a Florida limited liability company
Witness signature
Print witness name
Witness signature
Print witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
By:
Name: Karen Adams
Title: Manager, Land Services — Florida Region
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 - State of Florida
Type/Print Name
[A05-00152 /234375/1]
My commission expires:
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
Witness signature
Print witness name
Witness signature
Print witness name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
By:
Name:
Title:
Before me, the undersigned authority, personally appeared , as the
of the City of Clearwater, Florida, 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 - State of Florida
Type/Print Name
[A05-00152 /234375/1]
My commission expires:
W
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N 89° 59'35"E 236.29'
North Line Southeast a of Section 07 -29S -16E
(Basis of Bearing)
POINT OF COMMENCEMENT
NORTHWEST CORNER OF THE
NE a OF THE SE a OF SECTION 07 -29S -16E
DUKE ENERGY
F.K.A.
FLORIDA POWER CORPORATION
RIGHT-OF-WAY
OR 1472, PG 385
E34- RIGHT-OF-WAY AND UTILITY
EASEMENT
OR 6511, PG 1103
26' BICYCLE PATH EASEMENT
OR 7920, PG 2087
(11
a
1 0
20' UTILITY EASEMENT OR 2510, PG 111
Note:
1) All distances in US Survey Feet.
i
LEGEND
OR
PG
No.
CR
F.K.A.
N.T.S.
Official Record
Page
Number
County Road
Formerly Known As
Not To Scale
Right -of -Way
y Florida Power Corporation
Right -of -Way East Line
M
S 00° 41'20" W
CITY OF CLEARWATER OWNED
PROPERTY
CARPENTER FIELD
POINT OF
BEGINNING
35' Utility & Drainage Easement
Containing 0.24 Acres (+/-)
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
Cl
132.28'
6286'
N 34° 53' 22" E
27° 13' 37"
62.27'
Legal Description
This is not a survey
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 i 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.
Containing 0.24 Acres More or Less.
0'
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.
Lgl_2019-01
SHEET
OF
1
SEC-TWNSP-RNG 07 — 29 S — 16 E
DATE DRAWN 05/31/19
DUKE ENERGY
F.K.A.
FLORIDA POWER CORPORATION
RIGHT-OF-WAY
OR 1472, PG 385
40' X 40' DUKE ENERGY HIGH
POWER TRANSMISSION
TOWER
N
uke Energy
East Property
Line
CITY OF CLEARWATER
OWNED PROPERTY
CARPENTER FIELD
PROPOSED 1? WATER MAIN
PROPOSED 4' RECLAIMED
WATER MAIN
PROPOSED 4' GAS MAIN
ROPOSED 3
0 DRAINAGE
e y.t MENT
PROPOSED DUKE ENERGY 18'
STORMWATER MAIN N LEU
OF EXISTING DRAINAGE SWALE.
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I I I EXISTING MAIN ENTRANCE DRIVE
III
NEW DINING & DORMITORY BUILDING
MATCH UNE
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GA�
III HOUSE
IMO
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EXHIBIT B
DEVELOPMENT PLAN NORTH
MEM
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St. Petersburg, Hodes 33101.32,
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PHILLIES CARPENTER FIELD EXPANSION
CLEARWATER, FL 33765
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Project
Date
1736
06-03.19
DEVELOPMENT
PLAN NORTH
SK -1
HATCH LINE
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PARKING_____
ENERGY
-F.R.A.
CORPORATION_
F -WAY
PG 385
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HD -32
NC -53
DEVELOPMENT PLAN SOUTH
,•=50'-0•
EXHIBIT B
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ISOM:mar t.k. Orb* Nath
St Petersburg, Naw 33701-321
(727(22.5566 7.N (727t 522-54 ,
w aaaa
.70002277
PHILLIES CARPENTER FIELD EXPANSION
CLEARWATER, FL 33765
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RI.YWON Of MI MM.,C CONSENT MOW III NYNO N.OYNwMlMAI.GNiOFt to RNGO7i M fOOSTOKTNT DRAWINGS W EAnINT¢ wax TK PM HMOS. TO M OM.
TOT AaCwaTa OPNad4 e.OTTIOGO MPUNSwo vErNATION EMPTY WOW TN.PwKAwl AOeANN.1 wI.ONG fans MO Tlrt AwIKAwI PM ORT sT.Ne.Mttl Of MONO eY
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Protect $
Date
1736
0603-,9
DEVELOPMENT
PLAN SOUTH
SK -2
( KEY PLAN
EASEMENT LINE
TfT'fitit —nnr�m —
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III=11111 11111=11111 -11111411111 11111--11111 '11111-=
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PROPOSED 18"
STORMWATER MAIN --
DUKE EASEMENT CROSS SECTION
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'
SERVICE DRIVE
PROPERTY LINE
1'
DUKE ' CITY OF
PROPERTY I CLEARWATER
PROPERTY —
ie
VPRES
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11111=IIL_IIIII_IIIII_I II_III11-11111-11111 IIIIIllll 11111-11111A1111=III -1111111111 11111 -=III
- PROPOSED - PROPOSED PROPOSED
4" GAS MAIN 4" RECLAIMED
WATER MAIN
12" WATER MAIN
- CLEAR AREA
FOR FUTURE
DUKE ENERGY
UTILITIES
---- FACE OF BUILDING 2
CARPENTER COMPLEX
F El 28.4—
,711F-±-111T-Al I I r
8.E
.0. STORM VAIIT 25.5
STORM VAULT
L. .0. STOR►1 VA(T 21.10
1-=1 I 11111 _ 1111 Illll_
11'1111L1111111111111--1-;111
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ELECTRICAL CONDUITS
EXHIBIT B
LA• Or AMA
*AA* nn1 ana PHIL -IES CARPENTER FIELD EXPANSION
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.w'mAAlt
rmnm-s.
CIEARWAIER FL 33765
OM*, Andon*AAA.
Date
1736
0L-17.19
DUKE EASEMENT
CROSS SECTION
SK -3