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DUKE ENERGY FLORIDA LLC (3)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# 2019342416 10/24/2019 09:06 AM OFF RECBK: 20744 PG: 463-465 DocType:EASEMENT RECORDING: $27.00 UNDERGROUND COMMUNICATION SYSTEMS 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: Those areas labeled "Proposed 34' Underground Communications Easement Containing 0.21 Acres (+/-)" and "Proposed 50' Underground Communications Easement Containing 0.26 Acres (+/-) on Exhibit A and Exhibit B, respectively, each 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 and construct, reconstruct, install and maintain therein the herein referenced underground communication systems, 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 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 Grantor, 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. All underground facilities must be constructed at an angle greater than 30 degrees to the transmission line, provide a minimum 25' clearance to any transmission towers/guys and capable of withstanding a heavy equipment Toad bearing weight of eighty thousand (80,000) pounds GVWR ("load"). KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019378710 11/25/2019 02:27 PM OFF REC BK: 20784 PG: 722-726 DocType:EASEMENT RECORDING: $44.00 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 INSTU 2019342416 1012412019 09:06 AM OFF DocType:EASEMENTRECBK: 20744 PG: 463-465 RECORDING: $27.00 UNDERGROUND COMMUNICATION SYSTEMS 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: Those areas labeled "Proposed 34' Underground Communications Easement Containing 0.21 Acres (+/-)" and "Proposed 50' Underground Communications Easement Containing 0.26 Acres (+/-) on Exhibit A and Exhibit B, respectively, each 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 and construct, reconstruct, install and maintain therein the herein referenced underground communication systems, 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 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 Grantor, 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. All underground facilities must be constructed at an angle greater than 30 degrees to the transmission line, provide a minimum 25' clearance to any transmission towers/guys and capable of withstanding a heavy equipment load bearing weight of eighty thousand (80,000) pounds GVWR ("load"). This easement is binding upon Grantor, Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. IN WITNESSWH�ER,EOF, the undersigned grantor has caused these presents to be duly executed this fjk day of I)(�UVIYU , 2019. Signed, sealed and delivered in the presence of: Duke Energy Florida, LLC a Florida limited liability company Witness signature etr+2rA• (flpe; Print witness name Witne, signature a44 Print witness name By4Y,(J/Q,(& 6024,44- ----- 024, APPROVED By Chris King at 3:40 pm, Aug 21, 2019 I STATE OF FLORIDA 6Ern Ino� :ss COUNTY OF•WNELhAS Before me, the undersigned authority, personally appeared Ka Q-A Rdarrt 5 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 [mss personally known to me, or who [ ] did produce as identification. Type/Print Name My commission expires: Qti►s� ;p�e�, CATHERINE A MORI 2 c MY COMMISSION # GG 083392 'p`I e• EXPIRES: March 27, 2021 OF FN.01. Bonded Thu Budget Notary Santee AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared 6,Irtyi MankS , 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.) 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.) 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. Signed, sealed and delivered in the presence of: Duke Energy Florida, LLC a Florida limited liability company (ledief/amt ,1•/eft., By: t 1/Q OI(JIt4— Witness signature P r; n.e A. n'(• Print witness name Witng$s sign�at%ure Print witness name STATE OF FLORIDA S2rrl:vlo (. COUNTY OF-PINELLA3 : ss Before me, the undersigned authority, personally appeared Q(P_N dam s 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 [vils personally known to me, or who [ ] did produce as identification. eaen._ Public -State of Notary Iorid Type/Print Name My commission expires: cpp`V Pue. CATHERINE A MORI MY COMMISSION # GG 083392 EXPIRES: March1277, 2021 OF SOP Bonded 'Rim �1' Notary Services N 89° 41'38"E 236.29' (Basis of Bearing) POINT OF COMMENCEMENT NORTHWEST CORNER OF THE NE a OF THE SE a OF SECTION 07 -29S -16E DUKE ENERGY F.K.A. FLORIDA POWER CORPORATION RIGHT-OF-WAY OR 1472, PG 385 EXISTING 34' RIGHT-OF-WAY AND UTILITY EASEMENT OR 6511, PG 1103 L2 L4 \\— 26' BICYCLE PATH EASEMENT OR 7920, PG 2087 V Florida Power Corporation East - Right -of -Way Line 20' UTILITY EASEMENT OR 2510, PG 111 Note: 1) All distances in US Survey Feet. This is not a survey Legal Description A 34' Underground Communications Easement, also being 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, and being more particularly described as follows: North Line Southeast a of Section 07 -29S -16E S 00°24'38" W 158.56' ‘o LEGEND OR PG No. CR F.K.A. N.T.S. POINT OF BEGINNING Official Record Page Number County Road Formerly Known As Not To Scale Right -of -Way h CITY OF CLEARWATER OWNED PROPERTY CARPENTER FIELD Proposed 34' Underground Communications Easement Containing 0.22 Acres (+/-) Line Table Line # Bearing Distance LI S 20° 40' 49" W 91.99' L2 S 89° 21' 39" W 102.71' L3 S 00° 23' 18" W 34.01' L4 N89°21'39"E 103.32' L5 N00°23'18"E 63.56' L6 N00°24'38"E 34.51' NTS Curve Table Curve # Radius Arc Length Chord Bearing Central Angle Chord Length CI 98.28' 117.81' S 55° 01' 14" W 68° 40' 50" 110.88' C2 132.28' 158.56' N55° 01' 14" E 68° 40' 50" 149.24' Commence at the Northwest corner of the NE } of the SE } of Section 7, Township 29 S, Range 16 E; thence N 89° 41' 38" E, along the North line of the Southeast } of said Section 7, Township 29 S, Range 16 E, a distance of 236.29', to the Florida Power Corporation East Right -of -Way line as recorded in Official Records Book 1472, Page 385, of the Public Records of Pinellas County, Florida; thence S 00° 24' 38" W, along said Florida Power Corporation East Right -of -Way line, a distance of 158.56' to a Point of Beginning; thence S 20° 40' 49" W, a distance of 91.99'; thence along a curve concave to the Northwest, having a radius of 98.28', a central angle of 68° 40' 50", an arc length of 117.81', a chord bearing of S 55° 01' 14" W, and a chord length of 110.88'; thence S 89° 21' 39" W, a distance of 102.71' to the East Right -of -Way line of Old Coachman Road; thence S 00° 23' 18" W, along the East Right -of -Way line of Old Coachman Road, a distance of 34.01'; thence N 89° 21' 39" E, a distance of 103.32'; thence along a curve concave to the Northwest, having a radius of 132.28', a central angle of 68° 40' 50", an arc length of 158.56', a chord bearing of N 55° 01' 14" E, and a chord length of 149.24' to the said Florida Power Corporation East Right -of -Way line; thence N 00° 23' 18" E, along said Florida Power Corporation East Right -of -Way line, a distance of 63.56'; thence N 00° 24' 38" E, along said Florida Power Corporation East Right -of -Way line, a distance of 34.51' to the Point of Beginning. Containing 0.22 Acres More or Less. J CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY JAB CHECKED BY TLM Exhibit "A" 34' Underground Communications Easement From Duke Energy DWG. NO. Lg1_2019-15 SHEET 1 OF 1 SEC-TWNSP-RNG 07 – 29 S – 16 E DATE DRAWN 08/13/19 J 4111111. w <o 0) Of N 0 c O y 0 H 0 N rc SHARKEY ROAD c (66' RMI) H 0 t: 0 z 0 c J w W W Ir w I co) O z 0 W C > I 7 c.)) Q 0 ce z a 2 x 0 a 0 0 H DUKE ENERGY F.K.A. FLORIDA POWER CORPORATION RIGHT-OF-WAY OR 1472, PG 385 /S890 18'39"E 225.00' Proposed 50' Underground Communications Easement Containing 0.26 Acres (+/-) LI Note: 1) All distances in US Survey Feet. N89° 18'39"W 225,00' POINT OF BEGINNING N 00°48'50"E 14702' (Basis of Bearing) POINT OF COMMENCEMENT SOUTHWEST CORNER OF THE NE 4 OF THE SE 4 OF SECTION 07 -29S -16E Legal Description LEGEND OR Official Record PG Page No. Number CR County Road F.K.A. Formerly Known As N.T.S. Not To Scale \RNV Right -of -Way NTS Florida Power Corporation East Right -of -Way Line EXISTING 50' ACCESS EASEMENT OR 2510, PG 114 CITY OF CLEARWATER OWNED PROPERTY CARPENTER FIELD Line Table Line # Bearing Distance LI S89°18'39"E 33.00' L2 N 00° 23' 18" E 50.00' L3 S 00° 23' 18" W 50.00' This is not a survey A 50' Underground Communications Easement, also being a 50' Access Easement as recorded in Official Records Book 2510, Page 114, of the Public Records of Pinellas County, Florida, and being more particularly described as follows: Commence at the Southwest corner of the NE of the SE of Section 7, Township 29 S, Range 16 E; thence N 00° 48' 50" E, along the West line of the Northeast of the Southeast of Section 7, Township 29 S, Range 16 E, a distance of 147.02'; thence S 89° 18' 39" E, a distance of 33.00' to the Florida Power Corporation West Right -of -Way line as recorded in Official Records Book 1472, Page 385, of the Public Records of Pinellas County, Florida and a Point of Beginning; thence N 00° 23' 18" E, along said Florida Power Corporation West Right -of -Way line, a distance of 50.00'; thence S 89° 18' 39" E, a distance of 225.00' to the Florida Power Corporation East Right -of -Way line; thence S 00° 23' 18" W, along said Florida Power Corporation East Right -of -Way Line, a distance of 50.00'; thence N 89° 18' 39" W, a distance of 225.00' to a Point of Beginning. Containing 0.26 Acres More or Less. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY JAB CHECKED BY TLM Exhibit "B" 50' Underground Communications Easement From Duke Energy DWG. ND. LgI_2019-16 SHEET 1 OF 1 SEC-TWNSP-RNG 07 — 29 5 — 16 E DATE DRAWN 08/13/19 ��