DUKE ENERGY FLORIDA LLC (2)KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2021389899 12/02/2021 09:07 AM
OFF REC BK: 21831 PG: 29-31
DocType:EASEMENT RECORDING: $27.00
ENERGY
SEC: 21 TWP:28S RGE: 16E COUNTY: PINELLAS PROJECT: 41464317
GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33758-4748
SITE ADDRESS: 3200 STATE ROAD 580., CLEARWATER
TAX PARCEL NUMBER: A Portion of 21-28-16-00000-310-0000
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:
West 1/2 of the Southeast 1/4 of Section 21, Township 28 South, Range 16 East, Less the rights of
way.
A Portion of Tax Parcel ID: 21-28-16-00000-310-0000
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 ninety (90) days after the installation of
facilities by GRANTEE. If the certified sketch and legal description are not provided by
GRANTOR within ninety (90) days after completion of installation, GRANTEE will record
this easement.
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
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
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 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,iytproper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
,C-1 day of j-A0iA-C11112a✓ , 2021.
Countersigned:
ank Hibbard, Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
STATE OF
COUNTY OF
GRANTOR:
By: .02�
Jon P. Jennings, City Manager
Attest:
The foregoing instrument was acknowledged before me by means of gPhysical presence or 0 online
notarization, this Dart' day , 2021, by Frank Hibbard and Jon P. Jennings, 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]
"at-, Scott Burrows
F..;3 COMMISSION # GG261179
EXPIRES: October 1, 2022
%i Bonded Thru Aaron Notary
Notary Public
Name typed, printed or stamped
My Commission Expires: tOtot(1-0-4-4