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DUKE ENERGY FLORIDA LLC (2)Return to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019205625 06/27/2019 03:16 PM OFF REC BK: 20594 PG: 2500-2507 DocTYPe:EASEMENT RECORDING: $69.50 D DOC STAMP: $0.70 UTILITY & DRAINAGE EASEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) 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 mailing 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 mailing 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: See Exhibit A 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 to construct, reconstruct, install and maintain therein the herein referenced utilities, which in no instance shall include natural gas lines of any metallic material, together with appurtenances thereto (collectively, "Facilities"), 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 Facilities shall be constructed in strict compliance with the plans approved by Grantor, attached hereto as Exhibit B and incorporated herein by reference. Any future reconstruction, improvements, or alterations (which shall not include routine and emergency repair and maintenance of the Facilities) must be approved by Grantor. 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 Grantee, 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. Subject to the limits of Florida Statute 768.28, Grantee agrees to indemnify and hold harmless Grantor from all liability related to or arising from Grantee's negligence in the construction and maintenance of the [A05-00152 1234375/11 Facilities. Notwithstanding anything to the contrary herein, this indemnification shall include, but is not limited to, the following: a. All costs associated with moving, removing, or replacing the Facilities and appurtenances. This includes, but is not limited to movement, removal, or replacement required by or resulting from the relocation of Grantor's electrical facilities on the Easement Premises; or b. All costs associated with claims or actions brought against Grantor related to Grantee's use of the Easement Premises. The term costs, as used in this Agreement, is meant to include, but is not limited to the following: Legal fees of Grantor; and ii. Fees related to obtaining any easements, permits, licenses, etc. necessary or desired for the relocation of Grantee's Facilities by Grantor. 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 Grantee to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. All underground facilities must be capable of withstanding a heavy equipment load bearing weight of eighty thousand (80,000) pounds ("Load"). Grantor will not be responsible for damages to the installed Facilities as a result of the impact of the Load. All manholes and inlets are to be flush with final grade and capable of withstanding a load bearing weight of eighty thousand (80,000) pounds. This easement shall run with the land and is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be non -perpetual, and shall terminate upon non-use of the solid waste transfer station and the Phillies Carpenter Field complex which the Facilities are intended to serve, by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. [A05-00152 /234375/1] IN•�ITNESS WHEREOF the undersigned grantor has caused these presents to be duly executed this L'Yt' day of 3''r/ /I,% , 2019. Signed, sealed and delivered in the presence of: 6 ate/ Jftzt ss sig r(ature not witness name Witness signature Print witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS Duke Energy Florida, LLC a Florida limited liability company By: Name: aren Adams Title: Manager, Land Services — Florida Region APPROVED By Chris King at 8:31 am, Jun 04, 2019': Before me, the undersigned authority, personally appeared Karen Adams, as the Manager, Land Services — Florida Region of Duke Energy Florida, LLC, 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 [ )( ] is personally known to me, or who [ ] did produce as identification. Notary Public - Sta a of Flori ITtom S` e vio -Coto Type/Print Name [A05-00152 /234375/1] My commission expires: s ;!ftti, NOMAS R. HUDSON ••• * MY COMMISSION t FF N EXPIRES: *id* 19, 201$ Of licAdWNLIMPINONVSINiele IN WITNESS WHEREOF, the undersigned grantee has caused these presents to be duly executed this day of , 2019. Signed, sealed and delivered in the presence of: City of Clearwater, Florida a Florida municipal corporation LC tVrtVki:, By: Witness signature Name: George N_ Cretekos Title: Mayor Print witness name Witness signature Print witness name STATE OF FLORIDA : ss COUNTY OF PINELLAS // efore me, the undersigned authority, personally appeared o 3 & 0(/, Cx ei4icocras the oxo. of the City of Clearwater, Florida, who executed fhe 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 [ 1/1 is personally known to me, or who [ ] did produce as identification. 2 of Public - State of Florida Au/ (A.�-s Type/Print Name N [A05-00152 /234375/1] My commission expires: N89°59'35"E 236.29' North Line Southeast of Section 07 -29S -16E West Line Northeast i of the Southeast i of Section 07 -29S -16E I (Basis of Bearing) POINT OF COMMENCEMENT NORTHWEST CORNER OF THE NE 1 OF THE SE a OF SECTION 07 -29S -16E DUKE ENERGY F.K.A. FLORIDA POWER CORPORATION RIGHT-OF-WAY OR 1472, PG 385 [34' RIGHT-OF-WAY AND UTILITY EASEMENT OR 6511, PG 1103 26' BICYCLE PATH EASEMENT I OR 7920, PG 2087 cNi a 20' UTILITY EASEMENT OR 2510, PG 111 Note: 1) All distances in US Survey Feet. A 35' Utility and Drainage Easement described as follows: Commence at the Northwest corner of the NE of the SE of Section 7, Township 29 S, Range 16 E; thence N 89° 59' 35" E, along the North line of the Southeast of Section 7, Township 29 S, Range 16 E, a distance of 236.29', to the Florida Power Corporation Right -of -Way East line as recorded in Official Records Book 1472, Page 385, of the Public Records of Pinellas County, Florida; thence S 00° 42' 40" W, along said Florida Power Corporation Right -of -Way East line a distance of 193.11'; thence S 00° 41' 20" W, along said Florida Power Corporation Right -of -Way East line a distance of 65.00' to a Point of Beginning; thence continue S 00° 41' 20" W, along said Florida Power Corporation Right -of -Way East line a distance of 331.29'; thence N 89° 18' 40" W, a distance of 35.00'; thence N 00° 41' 20" E, a distance of 279.79' to a point of intersection with 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 also being a point on a curve of the said easement concave to the Northwest; thence along a curve of said easement and along the arc of a curve, having a radius of 132.28', a central angle of 27° 13' 37", an arc length of 62.86', a chord bearing of N 34° 53' 22" E, and a chord length of 62.27' to the Point of Beginning. C1 LEGEND OR Official Record PG Page No. Number CR County Road F.K.A. Formerly Known As HN.T.S. Not To Scale o \ R/W Right -of -Way / 0 \ / Cl) Florida Power Corporation Right -of -Way East Line 1- CITY OF CLEARWATER OWNED PROPERTY CARPENTER FIELD POINT OF BEGINNING 35' Utility & Drainage Easement Containing 0.24 Acres (+1-) Line Table Line # Bearing Distance LI S 00° 41' 20" W 65.00' L2 N 89° 18' 40" W 35.00' NTS Curve Table Curve # Radius Arc Length Chord Bearing Central Angle Chord Length C1 132.28' 62.86' N 34° 53' 22" E 27° 13' 37" 62.27' 72-1 Legal Description This is not o survey Containing 0.24 Acres More or Less. 1 CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY Jim Benwell CHECKED BY Tom Mahony Exhibit "A" 35' Utility and Drainage Easement From Duke Energy DWG. NO. Lg1_2019-01 SHEET 1 OF 1 SEC-TWNSP-RNG 07 - 29 S - 16 E DATE DRAWN 05/31/19 M rel. ka • g 0 ,(2 • LLI Q O qii Z re • g M • 0 Oi Q z IIS 00 Q c� 0 V W <o e Northeast a of the Southeast 3 of Section 07-29S DUKE ENERGY F.K.A. FLORIDA POWER CORPORATION RIGHT-OF-WAY OR 1472, PG 385 40' X 40' DUKE ENERGY HIGH POWER TRANSMISSION TOWER RO OSED 3 U 1 1 uke Energy East Property Line CITY OF CLEARWATER OWNED PROPERTY CARPENTER FIELD - PROPOSED 12" WATER MAIN -- PROPOSED 4" RECLAIMED WATER MAIN PROPOSED 4" GAS MAIN PROPOSED DUKE ENERGY 18" STORMWATER MAIN IN LIEU OF EXISTING DRAINAGE SWALE. J 4+ V ` / AC'L.rl ys% AirA. L'i+rA Cr. I iiirr�p iii ar<�iii III EXISTING MAIN ENTRANCE DRIVE NEW DINING & DORMITORY BUILDING I0 ///////////////, I. XIS TING GATIA HOUSE Li MATCH LINE EXHIBIT B DEVELOPMENT PLAN NORTH 1" = 50'-0" 180 Mirror Lake Orive North St. Petersburg Florida 33701321/ (727) 822-5566 fax (727) 822-547 wWw.RyarcCDm 4.40002277 PHILLIES CARPENTER FIELD EXPANSION CLEARWATER, FL 33765 OWarmematNv Jensen A Chtte ts. Inc. AWWTEMS C0.n1011 nA-COPYRGHT AND OTHER PROPERTY RIGHTS AM HEREBY RESERVED IN INF IDEAS. DEFIGIIS. PEAK DRAWINGS, AND SBECinU,gxS PRODUCED a.,- ARCHITECT THESE 10EAf.DENGNT, PLANS DRAWIKS, AND MEOW/ ONS SHV, NOT BE REPRODUCED OR CONVEYED M ANY MARINA NOR ASSIGNED TO ANT THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION Of TEE ANSWER. CONSENT O HERMIT GRANTED TO GOVERNMENTAL AGENCIES TO REPRODUCE THE CDSERUCI WN DRAWINGS RI COMPLIANCE WITH THE STATE STATUTES. TO THE FEST Of ME MODEM'SOE ENOUEFRY MNOWKONE. INF NUNS AND SPECENATpM COMPLY WITH THE APRLICAME MINIMUM BUILDING CODES AND TEE NAJCAB E FMF SASETY STANDARDS AS OfMARKO BY ME LOCAL AVMORETV IN ACCORDANCE Wrtf. CHAPTERS AM ARO 6310f THE ROMA STAINES Project it Date 1736 06-03-19 DEVELOPMENT PLAN NORTH SK -1 MATCH LINE II C TT Thi _ ( DU E ENERGY .A. CORPORATION F -WAY PG 385 10 { PROPOSED PARKING PROPOSED— 6 PARKING__ HD -32 NC -53 DEVELOPMENT PLAN SOUTH ,._50.-0. EXHIBIT B 0 180 Mirror lake Drive North S. Petersburg, Fbrlda 33701-321 , (727) 822-5566 fax (127) 822-547TAY 721) 22 556Gn vAvw AA0002277 PHILLIES CARPENTER FIELD EXPANSION CLEARWATER, FL 33765 O Wannemarher Jensen Architects, Inc AAD€0000 CONAN W 4Gt MNwn ANO OTHER Raver Dams AM HE OO NSERVEE w THE IwAI. DEW.. MAMS. GeAWINGS.MO sR:CNIcATwxs FROGUCEG RT THE ARCHITECT. MIM IOUS, DESNa. OuxS, DRAWN.. Mw SWIM/Mous %ALIN. BE ww004.0 OR CONVEYEDw Are MANNER NOR ASSIGNED TO ANY THIRD RAM milli. MST OBTAINING THE VMS WIM[N PERMISSION OF THE ARCHITECT. consums Hauer (Ammo T UST Cli DIEMROIIFCT3 OF EMwNEERKN SOWIEDGE. Da PLANS MDYtcwwVA TN CONRYrNTHf AwM uC.at MINIMUM WILDING N4 ODES MDAOHOUR EIRE TTHE AnOARDS AS BY THE I.O<AE AOTxMm' Ix Arm.nuel SMUT CHARTERS SUMO EaJOSINF RORIDA STATUTES Project # Date 1736 06.03.19 DEVELOPMENT PLAN SOUTH SK -2 EASEMENT LINE ALL UNDERGROUND FACILITIES MUST BE CAPABLE OF A HEAVY EQUIPMENT LOAD BEARING WEIGHT OF 80,000 LBS. DUKE ENERGY WILL NOT BE RESPONSIBLE FOR DAMAGES TO THESE INSTALLED FACILITIES. ALL MANHOLES AND INLETS ARE TO BE FLUSH MOUNT WITH FINAL GRADE AND CAPABLE OF WITHSTANDING 80,000 LBS. 35'-0' 30'-0' SERVICE DRIVE PROPERTY LINE DUKE ' CITY OF PROPERTY I CLEARWATER PROPERTY • VARIES O „ — o1111 • =gym Hiliiiia 11111 11111 lliT 1I1111 111 4�11 -11111 VIII11111 11111-11-1 11111=11111 1, a Hni iii Tllu lllll VIII -1111.1 II 11111 11111 11111 VIII 11111 VIII 11111 VIII it -III VIII 1111 III -11111_11111-11111-1111111111_11111-11111-11111= IIIIL 1 1-;:11111= III 11111-11111 ��11-v;11111-11111---11111-11111-1111_ 111111 111111 -11 II k61 IIII- -.11111-_11111=---11111---J11111----11-11111_11111-111111--1.1111--11111 III -171111 111115-!.111-1111-- 111 11111=11111 11111=11111 11111 :0 11111:11111-1111-I 1111• 111-11111=11111-11111 11111-11111_11111_1111111111— _(1111— �I — _ =111 1111 11111-11111 11111--11 1111-1 —11111 111 1 II -1 11111 1111 III -11111 11111-11111 VIII„I4I 11111=11111 11111-11111 11111-21111,,,-,11111,-1711E-1 11,,111114W1,---1-,11m1111111111--±1111M1111-11111---111- -11111--11111 IIIIL=1111 I lEi-11111- 11111=III FACE OF BUILDING 2 CARPENTER COMPLEX T.O. STORM VAULT 25.4 STORM VAULT -}$8.0. STORM VAULT 21.85 PROPOSED 18” STORMWATER MAIN CODUKE EASEMENT CROSS SECTION PROPOSED PROPOSED - PROPOSED 4" GAS MAIN 4" RECLAIMED WATER MAIN 12" WATER MAIN CLEAR AREA - ELECTRICAL CONDUITS FOR FUTURE DUKE ENERGY UTILITIES EXHIBIT B .831-5566 5:e Olive ;,,,.111 O.277 PHILLIES CARPENTER FIELD EXPANSION CLEARWATER, FL 33765 IDWanal•MW 1.1.14•1 Md... Idle. 141.5610N C(110 .04ITCT COMM 6 MEN 64,16.10 6C.1.1.NIMAL 1.(11105 r11.030.10 .0116111.70111131M.051110.4.1•110 1611111W PM MINH TOME 1161 Or BI1401116 WKS MAO DE PI WRY SINIONIS /6 LVE104.1V Projena 1736 Data 04-17-19 DUKE EASEMENT CROSS SECTION SK -3 STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared Karen Adams as Manager, Land Services -Florida of Duke Energy Florida, LLC, whom, being duly authorized does depose and say: 1. That aforesaid party is the owner of legal and equitable title to the following 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 will be paid during the normal course of business, except: (list, or if none, insert "NONE". If no entry, it will be deemed that "NONE" has been entered.) NONE 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.) NONE 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. [A05-00152 /234375/1] Signed, sealed and delivered in the presence of: Witness sig atu e cc Print witness name ,y (.3>/t-diJa \(S - Witness signature -I` P.h e e a rd so in Print witness name STATE OF FLORIDA COUNTY OF PINELLAS : ss Duke Energy Florida, LLC a Florida limited liability company By: dat,V Name: Karen Adams Title: Manager, Land Services — Florida Region (APPROVED (By anis King at 9:10 am JIM 04, 2019 Before me, the undersigned authority, personally appeared Karen Adams, as the Manager, Land Services — Florida Region of Duke Energy Florida, LLC, 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 [ xx ] is personally known to me, or who [ ] did produce as identification. Nota blic - State o Thomas R. Hudson Type/Print Name [A05-00152 /234375/1] My commission expires: THOMAS R. HUDSON * * MY COMMISSIONt FF li0 ikVal EXPIRES: *tabor 19, 2019 .41t��p, BudsdThiu Mabry Sinks