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DUKE ENERGY FLORIDA INCN RGY. SEC: 18 I TWP: 29S I RGE: 16E I COUNTY: PINELLAS I PROJECT: CW- 13- 527456 GRANTOR: CITY OF CLEARWATER SITE ADDRESS: 1000 EDENVILLE AVENUE, CLEARWATER, FL. 33764 TAX PARCEL NUMBER: 18/29/16/00000/430 /0500 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. a4.8a` liOaL^Q L J —1W L J I 0 as IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this 1) }4' day of . ipr-e_hc lc.u1 , 2014. Countersigned: George N. Cretekos, Mayor Approved as to form: Laura Lipowski Mahony Assistant City Attorney GRANTOR: By: Il420—eu........ William B. Horne, II, City Manager Attest: Rosemarie Call, City Clerk /V. T S This is not a survey 6' chain link fence or NO2 °37'53 "W 5.6' EXHIBIT "A" Henry L. McMullen Tennis Complex concrete slab with well head 5.0' S85 °21'35 "W 48.0' 6' easement er plat) Note: Basis of bearings derived from the north boundary line of Tropic Hills Unit -2 as described in Subdivision Plat Book 58, Page 5 and is recorded as having a bearing of North 88' 57' 02" West. Lot 14 43/05 4076 -1112 3759 -104 N85 °59'07 "W 39.0' Lot 13 lI N54 °18'07 "W 57.0' 5.0' iAIlIlIIIIIIIIIIIIIIIhi _ 0 co 4) 0 0� N U C 0 J � L_ -0 0 0_ 0 0 L._ m 0) 5) PO /NT OF BEGINNING N88 °59'21 "W 105.0' I Ar Basis of Bearings N88' 57' 02 "W Tropic Hills Unit -2 Plat Book 58, Page 5 Block "B" Lot 12 North Right —of —Way Line cf Burnice Drive (a 60' Right Legal Description: A Utility Easement described as follows: Commence at the Northeast corner of Lot 11 in "Tropic Hills Unit -2" as recorded in Subdivision Plat Book 58, Page 5, in the Public Records of Pinellas County, FI, thence North 88' 57' 02" West along the north property line of said Lot 11, a distance of 17.9 feet; thence North 01' 01' 18" East along the west property line of Metes and Bounds Tract 44/06, a distance 6.5 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 South 88' 59' 21" West, a distance of 105.0 feet; thence North 54' 18' 07" West, a distance of 57.0 feet; thence North 85' 59' 07" West, a distance of 39.0 feet; thence South 85' 21" 35" West, a distance of 48.0 feet; thence North Z 37' 53" West, a distance of 5.6 feet, where the centerline easement terminates with side lines of said strip to be shortened or lengthened at each point of intersection and change in direction of said centerline easement. 10.0' L2 L1 PO /NT OF COMMENCEMENT Lot 11 of Way) 0 0 0 00 N 0 4) 0 c 0 J ,- > N 5) T) aN C 0 0 0 0 m 0) Line Table Line # Direction Length LI N88° 57' 02 "W 180' L2 NO1 °01'18'E 6.5' CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT BRAIN sr D. Melons Jr. LEGAL SKETCH CIECKED er T. Mahony DUKE ENERGY EASEMENT AT DAN 03/26/2014 HENRY L. MCMULLEN TENNIS COMPLEX sax es. Lg1_2014 -01 afar 1 OF 1 acr -nw-wF 19/29S/16E