19-31RESOLUTION NO. 19-31
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ACCEPTING AN UNDERGROUND COMMUNICATIONS
EASEMENT FROM DUKE ENERGY FLORIDA, LLC, FOR THE
CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF
CITY COMMUNICATIONS FACILITIES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater needs an underground communications easement
from Duke Energy Florida, LLC for the construction, installation and maintenance of certain
communications 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 Underground
Communications Easement, a copy of which is attached hereto and incorporated herein as
Exhibit "A" to Resolution 19-31.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 6th day of October , 2019.
Gke0rktr\Q'A kos
George N. Cretekos
Mayor
Apprpve . as to form: Attest:
01--ze
Laura Mahony
Assistant City Attorney
Rosemariteall
City Clerk
[A05-00152 /240895/1] Resolution No. 19-31
EXHIBIT A TO RESOLUTION 19-31
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
UNDERGROUND COMMUNICATION
SYSTEMS EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.(M) 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 marling 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 marling 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:
Those areas labeled "Proposed 34' Underground Communications Easement Containing 0.21
Acres (+1-)" and "Proposed 50' Underground Communications Easement Containing 0.26
Acres (+1-) on Exhibit A and Exhibit B, respectively, each 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 and construct, reconstruct, install and maintain therein the herein referenced underground
communication systems, together with appurtenances thereto (collectively, "Facilil'tiees'), 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 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 Grantor, 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.
All underground facilities must be constructed at an angle greater than 30 degrees to the transmission
line, provide a minimum 25' clearance to any transmission towers/guys and capable of withstanding a heavy
equipment load bearing weight of eighty thousand (80,000) pounds GVWR ("load").
This easement is binding upon Grantor, Grantee, their heirs, successors and assigns. The rights
granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual
agreement of both parties, or by abandonment of the Easement Premises by Grantee.
IN WITNE , the undersigned grantor has caused these presents to be duly executed
this , t day of f , 2019.
Signed, sealed and delivered
in the presence of:
Duke Energy Florida, LLC
a Florida limited liability company
ettAika.c. rr• nine: ByAw k 00/14#4'
Witness signature
(h6,�htrna. 010 r ;
Print witness name
Print witness name
APPROVED
BY Chris Kb,; at 3:40 Pm. Aug 77 101;
STATE OF FLORIDA
S ern; ne jL : ss
COUNTY OFIPINEL-bA$ .
Before me, the undersigned authority, personally appeared re -A Rda nt 5 ,
who executed the foregoing instrument, and who acknowledged the executio thereof to be his/her free act
and deed personally, for the use and purposes herein set forth, and who [v]is personally known to me. or
who [ ] did produce as identification.
Type/Print Name
My commission expires:
401.1.! CATIERIIEAMORI
* MYCOMMS81ONf03OWE
AEXPIRES: Muds 27, 2021
1�
'of ad'eondad1bu BudaNNoisy &uMoos
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
whom, being duly authorized does depose and say:
1. That aforesaid party is the owner of legal and equitable title to the Wowing 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
wiN be paid during the normal course of business, except: (list, or If none, insert "NONE".
If no entry, it wiN be deemed that "NONE" has been entered.)
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.)
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.
Signed, sealed and delivered
in the presence of: Duke Energy Florida, LLC
a Florida limited liabiity company
()MtAifet i %��: 84/Ott OIOg l4—
Witness signature
C:a�fl'r; ns P. /nnr:
Print witness name
Witn#s signature
144 idrigrAei--.
Print witness name
STATE OF FLORIDA
Se-In:nolt : ss
COUNTY OFPINEL LAS .
Before me, the undersigned authority, personally appeared j( (PM fdam S ,
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 [v]pis personally known to me, or
who [ J did produce _ as identification.
e64280‘_1My commission expires:
Notary Public - State of Flom
Type/Print Name
ap S CAS4ERINEAMOR'
* .MYCOMMON N0001312
'ambled
WIRES: Mph 27.2121
o�n aadldThy&pSMaySMNoM
1
V
N 89° 41'38"E 236.29'
(Basis of Bearing)
POINT OF COMMENCEMENT
NORTHWEST CORNER OF THE
NE4OFTHE SE4OFSECTION
07 -29S -16E
DUKE ENERGY
F.K.A.
FLORIDA POWER CORPORATION
RIGHT-OF-WAY
OR 1472, PG 385
EXISTING 34' RIGHT-OF-WAY
AND UTILITY EASEMENT
OR 6511, PG 1103
L2
rer' I j
L4
26' BICYCLE PATH EASEMENT
OR 7920, PG 2087
Florida Power Corporation East
Right -of -Way Line
20' UTILITY EASEMENT OR 2510, PG 111
Note:
1) All distances in US Survey Feet.
This is not a survey
Legal Description
A 34' Underground Communications Easement, also being 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, and being more particularly described as follows:
North Line Southeast of Section 07 -29S -16E
y
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
"o —POINT OF
�l BEGINNING
CITY OF CLEARWATER OWNED
PROPERTY
CARPENTER FIELD
Proposed 34' Underground
Communications Easement
Containing 0.22 Acres (+/-)
Line Table
Line #
Bearing
Distance
LI
S 20° 40' 49" W
91.99'
L2
S 89° 21' 39" W
102.71'
L3
S 00° 23' 18" W
34.01'
L4
N89°21'39" E
103.32'
L5
N00°23'18"E
63.56'
L6
N00°24'38"E
34.51'
NTS
Curve Table
Curve #
Radius
Arc
Length
Chord
Bearing
Central
Angle
Chord
Length
CI
98.28'
117.81'
S 55° 01' 14" W
68° 40' 50"
110.88'
C2
132.28'
158.56'
N 55° 01' 14" E
68° 40' 50"
149.24'
Commence at the Northwest corner of the NE of the SE } of Section 7, Township 29 S, Range 16 E; thence N 89° 41' 38" E, along
the North line of the Southeast } of said Section 7, Township 29 S, Range 16 E, a distance of 236.29', to the Florida Power Corporation East Right -of -Way line as
recorded in Official Records Book 1472, Page 385, of the Public Records of Pinellas County, Florida; thence S 00° 24' 38" W, along said Florida Power Corporation
East Right -of -Way line, a distance of 158.56' to a Point of Beginning; thence S 20° 40' 49" W, a distance of 91.99'; thence along a curve concave to the Northwest,
having a radius of 98.28', a central angle of 68° 40' 50", an arc length of 117.81', a chord bearing of S 55° 01' 14" W, and a chord length of 110.88'; thence S 89°
21' 39" W, a distance of 102.71' to the East Right -of -Way line of Old Coachman Road; thence S 00° 23' 18" W, along the East Right -of -Way line of Old Coachman
Road, a distance of 34.01'; thence N 89° 21' 39" E, a distance of 103.32'; thence along a curve concave to the Northwest, having a radius of 132.28', a central angle
of 68° 40' 50", an arc length of 158.56', a chord bearing of N 55° 01' 14" E, and a chord length of 149.24' to the said Florida Power Corporation East Right -of -Way
line; thence N 00° 23' 18" E, along said Florida Power Corporation East Right -of -Way line, a distance of 63.56'; thence N 00° 24' 38" E, along said Florida Power
Corporation East Right -of -Way line, a distance of 34.51' to the Point of Beginning.
Containing 0.22 Acres More or Less.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit "A"
34' Underground Communications Easement
From Duke Energy
ENNG. NO.
Lgl_2019-15
SHEET
1 OF
1
1
SEC-TWNSP-RNG 07 — 29 5 — 16 E
DATE DRAWN 08/13/19
1
IOW
SHARKEY ROAD
(66' RNV)
w
w
ccG
w
a
N
M
O
O • Lu
z
73
C:
C >
U
0
0
z
2
x
C)
0
DUKE ENERGY
F.K.A.
FLORIDA POWER CORPORATION
RIGHT-OF-WAY
OR 1472, PG 385
Proposed 50' Underground
Communications Easement
Containing 0.26 Acres (+/-)
LEGEND
OR Official Record
PG Page
No. Number
CR County Road
F.K.A. Formerly Known As
N.T.S. Not To Scale
RNV Right -of -Way
NTS
Florida Power Corporation
S 89° 18 39„ E 22500'East Right -of -Way Line
ow zt) w 01 N/ M
el \V
O EXISTING 50' ACCESS EASEMENT
co L 1 N 89° 18' 39” W 225.00' 0R2510,PG114
Note:
1) All distances in US Survey Feet.
POINT OF
BEGINNING
N00°48'50"E 14702'
(Basis of Bearing)
POINT OF COMMENCEMENT
SOUTHWEST CORNER OF THE
NE 3 OF THE SE a OF SECTION
07 -29S -16E
Legal Description
CITY OF CLEARWATER OWNED
PROPERTY
CARPENTER FIELD
Line Table
Line #
Bearing
Distance
LI
S89°18'39"E
33.00'
L2
N00°23'18"E
50.00'
L3
S 00° 23' 18" W
50.00'
This is not o survey
A 50' Underground Communications Easement, also being a 50' Access Easement as recorded in Official Records Book 2510, Page 114, of the Public
Records of Pinellas County, Florida, and being more particularly described as follows:
Commence at the Southwest corner of the NE of the SE of Section 7, Township 29 S, Range 16 E; thence N 00° 48' 50" E, along the West line of the
Northeast./ of the Southeast a of Section 7, Township 29 S, Range 16 E, a distance of 147.02'; thence S 89° 18' 39" E, a distance of 33.00' to the Florida
Power Corporation West Right -of -Way line as recorded in Official Records Book 1472, Page 385, of the Public Records of Pinellas County, Florida and a
Point of Beginning; thence N 00° 23' 18" E, along said Florida Power Corporation West Right -of -Way line, a distance of 50.00'; thence S 89° 18' 39" E, a
distance of 225.00' to the Florida Power Corporation East Right -of -Way line; thence S 00° 23' 18" W, along said Florida Power Corporation East
Right -of -Way Line, a distance of 50.00'; thence N 89° 18' 39" W, a distance of 225.00' to a Point of Beginning.
` Containing 0.26 Acres More or Less. l
44
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit "B"
50' Underground Communications Easement
From Duke Energy
OWG. HO.
Lg1_2019-16
SEC-TWNSP-RNG 07
DATE DRAWN
SHEET
1 OF 1
— 29S — 16E
08/13/19 01