DUKE ENERGYKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2023168183 06/28/2023 09:14 AM
OFF REC BK: 22487 PG: 1921-1925
DocType:EASEMENT RECORDING: $44.00
(> �DUKE ENERGY
SEC: 10 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: 47862272
GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33758-4748
SITE ADDRESS: 1605 HARBOR DR., CLEARWATER
A PORTION OF TAX PARCEL NUMBER: 10-29-15-00000-120-0200
AERIAL 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 5.00 foot wide Aerial Easement that is equally centered ground to the highest connection elevation
of GRANTEE's facilities, as built and installed at a mutually agreeable location over, 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 specific intent of this easement is to provide aerial rights for an overhead electric span
within the legal description boundaries.
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
Prepared By:
Manny R. Vilaret, Esquire
Vilaret Law, PLLC
10901 Danka Circle, Suite C
St. Petersburg, Florida 33716
Return To: Duke Energy
Attn: Land Services
2166 Palmetto Street (CW ENG)
Clearwater, FL 33765
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. 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 itsroper offic rs thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
vtlay of j h:Q, , 2023.
Countersigned:
Bri�'an J. Aung r.
Mayor
ved as to form:
4,ffaz
Jerro . Simpson
Se it Assistant City Attorney
ATE OF fLQY
COUNTY OF_ -.. 1 nC UQs
GRANTOR:
By
Jennifer Poirrier
City Manager
Attest:
OO( .Rosemarie Call
City Clerk
The foregoing instrument was acknowledged before me by means of 13/physical presence or 0 online
notarization, this g3 flt day a u nt. , 2023, by Brian J. Aungst, Sr., and Jennifer Poirrier, the
Mayor and City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is
personally known
y Tian J. Aungst, Sr., and Jennifer Poirrier, 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.
[No,,�eal]
`,,e ; Tammy L Cunnings
°' os Comm.:HH 212536
sy • �'`�``� Expires: Jan. 3, 2026
, ua��Notary Publk • State of Florida
Name typed, printed or stamped
My Commission Expires:
Exhibit "A"
Exhibit "A"
11• 011
ra LA 12
Block I
� 1
Let tl
Faioat SMIXI Nloa
Pig Bcok b Pap W
lal
tale
UNE TABLE
Line R
Beast
Distance
1.1
N 75" 56' 0$" E
37.39'
L2
N 00' 28' 10" E
30.00'
Malty cad Sounds
1242
POINT OF
BEGINNING
6 69.15
57" E 679.42'
Nom�IMaas
�POINT OF COMMENCEMENT -
Southwest corner of Lot 9, Block 1
Fairmont Subdivision
Plat Book 9, Page 95
Russell Street
60' RIO
4.
Herr and Bounds
1342
This is not .s survey
A Duke Entergy Easement descrilieed as follows
e
0
db
M
0
Legal Description
1.1
N69"1557"W
123,68•
Mae and Bowls
1341
PARCEL 'V' as desmkedin the boundary survey performed by PBS&&J dated 5116191 titled 'Marsha Street Pollution Control
FaaRty'
A patina of the Northeast 114 of Section 10. Township 29 South, Range 15 East, Pine is County. Florida. bring more pa Inde),
described as follows: Commence at the Southwest elms of Lot 9, Bock I of the Faineant Subdivision as retarded is Plat Bost 9,
Page 85 of the Public Records of Pinellas County. Florida; thence S 89' 15' 57" E, along the Nathedy right -of -wig line of Russell
Street {6P rightof-vyi}, for 879.42 feet to the POINT OF BEGINNING of Petrel *C"; thence N 35` 55' 39" E far 161.89 fry; thence
N 75' 58' 08' E for 3739 feet to a point on the prolongation of the West line of Hock "A". Fair Bien Addition es recorded in Plat
Book 12, Page 18 of the Public Records of Pinellas County, Florida; thence along sant prolongation of the west hoe of the Black "A"
and along the West bre of Block "A", S 01" 00' 09' W for 175.00 feet; thence NW 15' 57" W for 123.80 feet to the Easterly
right-of-way line of Holt Aveaae; thence along said Easterly right -of way line. N 00" 26' 10" E for 30.00 feet to the POINT OF
BEGINNING.
J
e CITY OF CLEARWATER
CIEPORTIMIT of PUBLIC WORKS -
Otct1EEBeeG
DRAWN SY
Lee Cheek.
CHECKED BY
Duke Energy Easement
O 1605 Harbor Drive
LgI_2023-02
1 OF 1
eacrm ngr..e 10 . 299 . ISE
DATE DRAWN
211312023