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DUKE ENERGY FLORIDA INCDUKE ENERGY GoVRS coVN�,Vt. Gt't.RKRP NE`-tAa 02-.62 ON11, KEN B OMQ4126 06107.12014 510212314 pp pNp C c eAc..1090 PG: 34 $qq. tNS� REC g``S REcGRO �,lyPe:Ep' SEC: 08 I TWP: 29S I RGE: 16E I COUNTY: PINELLAS I PROJECT: CW- 14- 527444 GRANTOR: CITY OF CLEARWATER SITE ADDRESS: 2780 DREW ST. & 2950 GLEN OAK AVE. CLEARWATER, FL. 33759 TAX PARCEL NUMBER: 08/26/16/00000/440 /0100; 410 -0200 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, INC., d/b /a DUKE ENERGY, a Florida corporation ( "GRANTEE "), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, 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: Utility Easement more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. 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 This document Prepared by Kristy Parker Return to: Duke Energy - Support Services 3300 Exchange Place, NP4A Lake Mary, FL 32746 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. D HL J �LJ aCi IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper off rs thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of , 2014. Countersigned: GtQiDItencrt 150/ George N. Cretekos, Mayor Approved as to form: GRANTOR: By: William B. Horne, II, City Manager Attest: Laura Mahony U Rosemarie Call, City Clerk Assistant City Attorney State of Florida ) ss County of Pinellas ) BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are personally known to me. WITNESS my hand and official seal this,-2/46 his, 4c day of ,p u-( , 2014 vi+ Q A�__�. to o Public • 41“14:96 otary Print/Type Name c A , My commission expires: Notary Public State of Florida `� Patricia A Kuligowski My Commission FF 044268 °' Expires 10/20/2017 N.T.S. This is not a survey EXHIBIT "A" y IMMUNE 'A' / a / / wig <op / yo / / East Property Line of Metes & Bounds Tract 43/01 Wellington Apartments 43/01 PO /NT OF COMMENCEMENT 10623 -2096 L3 FAR OON1 l L6 L5 Eddie C. Moore Park West Fields #5, 6, 7 L4 44/01 8217 -233 Note: Basis of bearings derived from the south line of the property described in a Warranty Deed as recorded in Pinellas County Official Record Book 8217 Pages 233 through 236, dated 03 -26 -1993 and is recorded as having a bearing of South 89' 41' 09" East. 50' Right -of -Way 5573 -342 L2 PO /NT OF BEGINNING Basis of Bearings S89' 41 DREW STREET 100' Right — of—Way _didifilIIIII10111111.. Legal Description: A Utility Easement described as follows: Commence at the southwest corner of Metes & Bounds Tract 44/01, as recorded in the Public Records of Pinellas County, Fl Official Record Book 8217, Pages 233 through 236, thence South 89' 41' 09" East along the south property line of Tract 44/01, said line also being the north right -of -way line of Drew Street (a 100 -foot right -of -way), a distance of 60.3 feet; thence North 00' 00' 00" East, a distance of 233.3 feet to the Point of Beginning of a 10.0 foot centerline easement, with 5.0 feet on each side and parallel to the centerline; thence North 06' 46' 50" West, a distance of 152.0 feet; thence North 14' 07' 09" West, a distance of 72.6 feet; thence North 01' 12' 50" East, a distance of 76.8 feet; thence North 12' 04' 48" East, a distance of 266.5 feet; thence North 23' 29' 35" East, a distance of 483.3 feet; thence North 50' 45' 09" West, a distance of 92.2 feet, where the centerline easement terminates with the side lines of said strips to be shortened or lengthened at each point of intersection and change in direction of said centerline easement. Line Table Line # Direction Length LI S89 °41'09 "E 60.3 L2 N00 °00'00 "E 233.3 L3 N06° 46' 50 "W 152.0 L4 N14° 07' 09 "W 72.6 L5 N01 °12'50 "E 768 L6 N12° 04' 48 "E 266.5 L7 N23° 29' 35 "E 483.3 L8 N50° 45' 09 "W 92.2 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT MIN °T LEGAL SKETCH D. Melons Jr. moo rr DUKE ENERGY EASEMENT AT T. Moberly EDDIE C. MOORE 03/72014 FIELDS #5, 6, 7 DN Lg1_2014 -03 aar 10F2 8/29S/16E Nrs EXHIBIT "A This is not o survey Brigadoon of Clearwater Kapok Park /I Plat Book 91, Pages 35-37 41/02 / 10' Util. Ease. (per plat) —" /� &. / V� Ream Wilson Clearwater Trail 44/01 Blanket Water Main and Ingress Egress Easement 10316 -1017 Wellington Apartments 43/01 / / / L8 / r / / / / / / / L6 L7 Eddie C. Moore Park West Fields #5, 6, 7 44/01 8217-233 A Note: Basis of bearings derived from the south line of the property described in a Warranty Deed as recorded in Pinellas County Official Record Book 8217 Pages 233 through 236, dated 03 -26 -1993 and is recorded as having a bearing of South 89' 41' 09" East. _llIIIIIIIIIIIIIIwhll ]Co) Legal Description: n A Utility Easement described as follows: Commence at the southwest corner of Metes & Bounds Tract 44/01, as recorded in the Public Records of Pinellas County, Fl Official Record Book 8217, Pages 233 through 236, thence South 89' 41' 09" East along the south property line of Tract 44/01, said line also being the north right —of —way line of Drew Street (a 100 —foot right —of —way), a distance of 60.3 feet; thence North 00' 00' 00" East, a distance of 233.3 feet to the Point of Beginning of a 10.0 foot centerline easement, with 5.0 feet on each side and parallel to the centerline; thence North 06' 46' 50" West, a distance of 152.0 feet; thence North 14' 07' 09" West, a distance of 72.6 feet; thence North 01' 12' 50" East, a distance of 76.8 feet; thence North 12' 04' 48" East, a distance of 266.5 feet; thence North 23' 29' 35" East, a distance of 483.3 feet; thence North 50' 45' 09" West, a distance of 92.2 feet, where the centerline easement terminates with the side lines of said strips to be shortened or lengthened at each point of intersection and change in direction of said centerline easement. Line Table Line # Direction Length LI S89 °41'09 'E 60.3 L2 N00° 00' 00 "E 233.3 L3 N06° 46' 50 "W 152.0 L4 N14° 07' 09 "W 72.6 L5 N01 °12'50 "E 768 L6 N12° 04' 48 "E 2665 L7 N23 °29'35 "E 483.3 L8 N50° 45' 09 "W 92.2 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT aaee sr D. Malone Jr. LEGAL SKETCH aeoc NY T. Mohony DUKE ENERGY EASEMENT AT AR wa L91_2014 -03 wx 03/31/2014 EDDIE C. MOORE agar 2 OF 2 FIELDS #5, 6, 7 8/29S/16E