DUKE ENERGY FLORIDA LLC('DUKE
ENERGY.
SEC: 16 TWP: 29 RGE: 15 COUNTY: PINELLAS PROJECT: Imagine Clearwater
GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33756
SITE ADDRESS: Osceola Ave., Cleveland St., Pierce St., Drew St., Clearwater, FL
TAX PARCEL NUMBERS: 16-29-15-43956-000-0010, 16-29-15-00000-210-0100, 16-29-15-76482-002-
0010, 16-29-15-57996-000-0030, 16-29-15-20358-001-0040, 16-29-15-00000-130-0500, 16-29-15-00000-130-
600, 16-29-15-00000-130-0700 and 16-29-15-00000-130-0800.
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 `Basement Area" within GRANTOR'S premises in
Pinellas County, to wit:
A 20.00 foot wide by 20.00 foot wide Easement Area for each switchgear and a 10.00 foot wide
Easement Area lying 5.00 feet on each side of GRANTEE's facilities to be installed at mutually agreeable
locations 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.
This easement will be replaced with a Descriptive Easement, 5.00 feet on either side of all
facilities installed by GRANTEE, as will be shown on a certified surveyed sketch and legal
description to be provided by GRANTOR within one hundred twenty (120) days after the
installation of facilities by GRANTEE. If the certified sketch and legal description are not
provided by GRANTOR within one hundred twenty (120) days after completion of
installation, GRANTEE will record this easement.
Prepared By:
Manny R. Vilaret, Esquire
Vilaret Law, PLLC
10901 Danka Circle, Suite C
St. Petersburg, Florida 33716
Return To: Duke Energy
Attn: Land Services
2401 25th Street North, SP -15
St. Petersburg, Florida 33713
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.
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 the extent of Florida Statute 768.28 to
indemnify 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
byes proper o cers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
'1 day of �ZviAtl} , 2020.
Countersigned:
Frank Hibbard, Mayor
Approved as to form:
Laura Mahony
Senior Assistant City Attorney
STATE OF Fl (3 Cic.4tk-
COUNTY OF C' -'1y1..12,\ kCS
GRANTOR:
By: tlYCJAA.
William B. Home, II, City Manager
Attest:
Rosemarie Call, City Clerk
The foregoing instrument was acknowledged before me by means of 0/Physical presence or ❑ online
notarization, this 91" day 'S€4tr , 2020, by Frank Hibbard and William B. Horne, 11, the
Mayor and City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is
personally known to me or who has produced as
identification.
[Notary Seal]
Scott Burrows
•g COMMISSION It GG261179
EXPIRES: October 1, 2022
'46 Bonded
Thru Aaron Not y
coo L -01.0 etl.)S
Name typed, printed or stamped
My Commission Expires: ltd 10 I
Exhibit "A"
(IMAGINE CLEARWATER) A TRACT OF LAND LYING NORTH OF PIERCE STREET,
WEST OF OSCEOLA AVENUE, SOUTH OF DREW STREET AND EAST OF
CLEARWATER HARBOR.
TOGETHER WITH ALL UPLANDS WEST OF THE WESTERLY STREET END OF DREW
STREET, EAST OF CLEARWATER HARBOR/BAY.
TOGETHER WITH FOUR ADJACENT PARCELS AT THE SOUTHWEST CORNER OF
PIERCE STREET AND OSCEOLA AVENUE WHOSE PARCEL ID'S ARE:
16-29-15-00000-130-0500, 16-29-15-00000-130-600, 16-29-15-00000-130-0700 AND
16-29-15-00000-130-0800.
CONT 28.03 AC ±