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2014-026 04rp D UKE ENERGY® SITE REF: 110758 I DLU: SEC: 14 I TWP: 22S I RGE: 25E I COUNTY: LAKE I PROJECT: 559921 GRANTOR: CITY OF CLERMONT SITE ADDRESS: 450 12TH STREET,CLERMONT 34711 TAX PARCEL NUMBER: 14-22-25-000200001500 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns ("GRANTOR"), m consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation ("GRANTEE"), Post Office Box 14042, St Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said facilities being located in the following described"Easement Area"within GRANTOR'S premises m Lake County,to wit A 10 00 foot wide Easement Area lying 5 00 feet on each side of GRANTEE's facilities to be installed at mutually agreeable locations over,under, across and through the following descnbed property to accommodate present and future development The North 1/2 of the following described property,to wit: Parcel No. 1:Government Lot 1,Government Lot 2 lying South of the railroad,Government Lots 4 and 5, LESS:from the intersection of the East Right-of-Way of the Atlantic Coast Line Railroad with the mid-section line run Southeasterly along the Right-of-Way 1000 feet for the POINT OF BEGINNING;thence run East to the lake,thence return to the Point of Beginning,and run Southeasterly along the Right-of-Way to the South line of Government Lot 5,thence run East to the lake,thence run Northwesterly along the lake,to intersect the first line,and LESS that part of the South 240 feet of Government Lot 5 bounded on the East by the West line of the CSX Railroad Right- of-Way, bounded on the South by the North edge of the waters of the Palatlakaha River,and bounded on the West by the Easterly shore of the waters of Lake Hiawatha for road Right-of-Way,all in Section 14,Township 22 South, Range 25 East, Lake County, Florida. Parcel No.2: From an iron pipe set in concrete on the West line of Section 14,Township 22 South, Range 25 East, Lake County, Florida,and lying 33.00 feet South of the center line of State Road No.561-A,run thence South along said Section line 910.66 feet;thence North 89°36'22.5" East,986.36 feet to a concrete monument at the Point of Beginning, run thence South 49°15'34"East 143.37 feet, thence South 25°20'19"East 82.74 feet,thence South 47°46'19" East 138.47 feet,thence South 01°23'39" East 131.52 feet,thence South 25°32'04"West 137.76 feet,thence South 01°18'56"West This document prepared by Knsty Parker,Esq Return to Duke Energy—Land Services 452 East Crown Point Road Winter Garden,Flonda 34787 169.01 feet,thence South 52°28'East 73.24 feet,thence South 41°18'48"East 53.33 feet,thence South 47°46'15" East 73 feet, more or less,to a point on the East line of Government Lot 3 in said Seciton 14,thence Northerly to the Northeast corner of Government Lot 3,thence Westerly to the POINT OF BEGINNING. Parcel No.3:From the intersection of the East Right-of-Way of the Atlantic Coast Line Railroad with the mid-section line run Southeasterly along the Right-of-Way 1000 feet for the POINT OF BEGINNING,thence run East to the lake,thence return to the Point of Beginning and run Southeasterly along the Right-of-Way to the South line of Government Lot 5,thence run East to the lake,thence run Northwesterly along the lake to intersect the first line,all in Section 14,Township 22 South, Range 25 East, Lake County,Florida. The nghts 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 pnor to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation, operation or mamtenance 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 nght 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 tnm 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 mamtenance 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 nghts herein granted, and(f)all other nghts 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 descnbed above The nghts 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 nghts 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 prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full expected cost of the relocation as estimated by GRANTEE,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 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 GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from any and all damages and injuries, whether to persons or property, resultmg from interference with GRANTEE's facilities by GRANTOR or by GRANTOR's agents or employees GRANTEE agrees to mdenmufy 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 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 descnbed 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 0 CAL J r-30 0 ==u, yL J D AU ■ 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 b its roper officers thereunto duly authonzed and its official corporate seal to be hereunto affixed and attested this day of ( ,2014 GRANTOR: CITY OF CLERMONT ATTES : - 4110F ...ardia City Clerk- ' acy Ackroyd,M i V ayor Harold Turville,Jr SIGNED,SEALED AND DELIVERED IN THE PRESENCE OF: Grantor(s)mailing address: thaA wc/ c.e .0 • of First Witness P.O BOX 120219 trba✓c. Ho I I-E-ra rt cl CLERMONT,FLORIDA 32712-0219 Pnnt r T e N of u-st Witness Sig ture of Second Witnes iv r- I-1 cv►Sc.�e�1 Print or Type Name of Second Witness State of Flo \op\ ) �I /A� s s County of .±1 -1'° ) - _ The foregoing Easement was acknowledged before me this day of f 1-(—G ti , 2014, by tPQ b U7 VI e_ , its Mayor and - Ct hf4 -j(0 , its City Clerk, of The City of Clermont, a Flonda municipal corporation, on behalf of the municipality who are personally known to me ho have produced as identification and who did/did not take an oath - CORPORATE SEAL NOTARY SEAL eh) _ _/ am- Notary Public Senal Number ` DANIEL F MANTZARIS My Commission Expires 1 .�`a"r'v •4/R UB ii ( �0 .�'o; Notary Public-State of Florida • My Comm Expires Jul 2.2016 1 e j e:= Commission#EE 196819 1 �" ° ;" Bonded Through National Notary Assn P1 450 12TH ST CLE RMONT, FL 39711 TAG IS MISSING wauu R: 8602 5 9921 1 � F—:11-22-25 80 AMP ABC 467340 THIS IS THE POLE WHERE 45 THE CAN DEAD ENDS. / LOWER NEUTRAL TO 72 ". LCIIO: 29.`x: »5, = .1.1 ?lli P2 8152626 • 75 KVA ABC 120/208 V DOORS TO FACE ENTRANCE RD CUSTOMER TO STAKE LOCATION SELF - CONTAINED METER 22 KWD CUSTOMER TO RUN 1 SET OF 400 KCMIL C U 450 12TH ST PARK 44�r / Qw / / 4L / 4v �4' / 4 ry ENpoo� Q�oNp/ 10 <7Z 2 LOCATED ABOUT 1000' 00 SOUTH OF 10220 LAKE MINNEOLA SHORES DR a� N THIS IS NORTH OF THE BRIDGE S N1_A A67339 POLE TO BE REMOVED ON 95 WR#57$580 DUE TO CONFLICT WITH NEW ROUND ABOUT �\THE SCOPE OF THIS WR IS TO PROVIDE'`,�SERVICE TO RESTROOMS, AVIAN AREA �. LIGHTING AND IRRIGATION PUMPS IkNEW CITE( PARK. A6733.9 \ 45 966262 00.1/0 A1,G -1 A�AC; - 3N 40 960261 -- - -_____ __ 1270480 0639930 Duke Energy - Florida Region RR$-im SAFETY sRxErnm REQumm ffiFom sTARTmG wmx 450 12TH ST CLE RMONT, FL 39711 r • wauu R: 8602 5 9921 1 � F—:11-22-25 uas�[ PRCTzcTx m DzvxQ - o I � a5a: CLERMONT a• ` 3 � TrFZ: COMB =CLOMM 5332255 LCIIO: 29.`x: »5, = .1.1 ?lli SMET I 1 OP 1