DUKE ENERGY FLORIDA LLCDUKE
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ENERGY®
SEC:03 TWP29 RGE: 15 COUNTY: PINELLAS PROJECT: DE WO 37811929
GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33756
SITE ADDRESS: Betty Lane North
TAX PARCEL NUMBER: 03-29-15-55548-000-0120
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.
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
Prepared By:
Manny R. Vilaret, Esquire Return To: Duke Energy
Vilaret Law, PLLC Attn: Land Services
10901 Danka Circle, Suite C 2401 25th Street North, SP -I 5
St. Petersburg, Florida 33716 St. Petersburg, Florida 33713
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 day of re nka-rc2s-- 2021.
Countersigned:
r
GRANTOR:
79W-/=0---1/ By: 1A) L�
rank Hibbard, Mayor William B. Horne, 11, City Manager
Approved as to form:
Attest:
� YL ab -c-
Laura Mahony Rosemarie Call, City Clerk
Assistant City Attorney
STATE OF E
COUNTY OF5.l•N
The foregoing instrument was acknowledged before me by means of NI/physical presence or ❑ online
notarization, this `S II'' day V - Z, yt tc i (L f 2021, by Frank Hibbard and William B. Horne, 11, the
Mayor and City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is
personally known t me or who has produced
identification.
[Notary Seal]
Scott � ottBurrows
W'MISSION # GG201179
r:= EXPIRES: October 1, 2022
Bonded Thru Aaron Notary
Ott
(.(, ‘ t KG' k ti Ct
as
Name typed, printed or stamped
My Commission Expires: [ C 1 O i ri-C (-) r3,_.
E.A. Marshall
Subdivision Plat Book 3, Page 44
West 177'
Lot 12
East 15' H FT South 10'
1 State Street
Right -of Way Varies
aProposed 10'x 15'Duke Energy Easement
Legal Description
A 10' x 15' Proposed Duke Energy Easement described as follows
The East 15' of the West 177' of the South 10' of Lot 12 of the
plat E.A Marshall, as recorded in Subdivision Plat Book 3,
Pages 44 of the Public Records of Pinellas County, FL.
J
N.T.S.
This is not a survey
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Kyle Vaughan
CHECKED BY
Tom Mahony
Exhibit "A"
Proposed 10' x 15' Duke Energy Easement
@ State Street Park
DWG. NO.
Lgl_2020-18
SECT-TWNSP-RNG
SHEET
1 OF 1
3 — 29S — 15E
DATE DRAWN 12/22/2020