DUKE ENERGY FLORIDA LLCENERGY®
SEC: 08 TWP: 29 RGE: 15 COUNTY: PINELLAS PROJECT: DE WO 37315187
GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33756
SITE ADDRESS: Mandalay Ave, Clearwater
TAX PARCEL NUMBER: 08-29-15-15606-000-0160
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:
See legal description on the accompanying Exhibit "A" attached hereto and incorporated
herein by this reference.
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 sixty (60) days after the installation of
facilities by GRANTEE. If the certified sketch and legal description are not provided by
GRANTOR within sixty (60) 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
Prepared By:
Manny R. Vilaret, Esquire Return To: Duke Energy
Vilaret Law, PLLC Attn: Land Services
10901 Danka Circle, Suite C 2401 25'" Street North, SP -15
St. Petersburg, Florida 33716 St. Petersburg, Florida 33713
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 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 its pro er officers thereunto duly authorized and its official corporate seal to be hereunto
affixed and attested this T' day of va.441- , 2020.
Countersigned:
Frank Hibbard, Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
STATE OF
COUNTY OF
GRANTOR:
William B. Horne, II, City Manager
Attest:
,Ka,2a_. ..tC
Rosemarie Call, City Clerk
The foregoing instrument was acknowledged before me by means of frphysical presence or 0 online
notarization, this day Oey,, %(' , 2020, by Frank Hibbard and William B. Horne, II, 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]
lit% Scott Burrows
v= COMMISSION # GG261179
EXPIRES: October 1, 2022
Bonded mru Aaron Notary
Name typed, printed or stamped
My Commission Expires: / I 0 ) 0-0a&.
Exhibit "A"
Tract North of Causeway Boulevard between Coronado Drive and Mandalay Ave,
Clearwater, formerly shown as "PARK", CITY PARK SUBDIVISION, according to the
map or plat thereof, as recorded in Plat Book 23, Page 37, Public Records of Pinellas
County, Florida. See Resolution No. 74-143, recorded in Official Records Book 4236,
Page 1875, with the Public Records of Pinellas County, Florida.
grr
J
Legend
Duke Energy Blanket Easement
Future Duke Energy Easement
Document Path: C:1Users\James.Benwell\City o Clearwater\Engineering Geographic Technology - GIS \Engineer;ng\Lccato Maps \CityParkSubDukeEas.mxd
N
--
Duke Energy Blanket Easement
VATER
Prepared by:
City Park Subdivision
W-.(47> E
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
S.
Map Gen By: JB
Reviewed By: TM
Date: 10/01/2020
Grid #: 267A
S -T -R: 08 -29s -15e
Ph: (727)562-4750, Fax: (727(5264755
www.MyClearwater.com
Scale: N.T.S.
Document Path: C:1Users\James.Benwell\City o Clearwater\Engineering Geographic Technology - GIS \Engineer;ng\Lccato Maps \CityParkSubDukeEas.mxd
Duke Energy WO 37315187: City of Clearwater, Mandalay Ave
74153941
u. L4236 PAGE1875
RESOLUTION
No. 74 - 143
WHEREAS, the Department of Transportation of the State of Florida,
through its TOPICS Program, is realigning and widening the intersection of
Mandalay Avenue (SR 60) and Marianna Street, in the City of Clearwater,
Florida; and
WHEREAS, it is necessary to utilize in this project certain parcels
which are designated "park" on the Plat of City Park Subdivision and which
previously have not been used for that purpose; and
WHEREAS, the City Commission finds that this realignment project
is to the best interest and advantage of the City and the general public and
that said designation is not necessary nor required;
NOW, THEREFORE, BE IT -;RESOLVED BY THE CITY
COMMISSION OF THE CITY OFA CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the "park" designation on a1i.parcels as set out on the O
Plat of City Park Subdivision as recorded in Plat Book Z3, page 37 of the
Public Records of Pinellas County, Florida, is hereby vacated and set aside.
Z. That the City Clerk is hereby directed to record this Resolution in
the Public Records of Pinellas County, Florida.
PASSED AND ADOPTED this 18th day of Nov:::
A. D. 197
Attests
This instrument w s prep ; ed by:
IIRREERT 3. lit uWY t :1; ,;::,.,..,.
City of Clearwater. P. O. it 3e.,
Clearwater, Florida 8851$
RETURN TO;
CITY CLERK
P.O. BOX 4748
CL+EARWATER, na. 88818