HomeMy WebLinkAboutDuke Energy Florida, LLC - Easement Agreement (Parcel# 28-20-30-5DR-00D0-000)Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2025079436 Book:10878 Pa e:813-816; (4 PAGES) RCD: 8/14/2025 10:29:51 AM
REC FEE $35.50 DOC STAMPS $0.70
Prepared by: Duke Energy Florida, LLC Parcel # 28-20-30-5DR-OODO-0000
Return To: Duke Energy Florida, LLC
Attn: Land Services
299 1 st Ave N
Mail Code: FLMAILROOM
St. Petersburg, Florida 33701
EASEMENT
State of Florida
County of Seminole
THIS EASEMENT ("Easement') is made this J " day of August, 2025, from CITY OF
WINTER SPRINGS, a Florida municipal corporation ("Grantor", whether one or more), to DUKE
ENERGY FLORIDA, LLC, a Florida limited liability company, Post Office Box 14042, St.
Petersburg, FL 33733 ("Grantee").
Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant
unto Grantee a perpetual easement, to construct, reconstruct, operate, patrol, maintain, repair, replace,
relocate, add to, modify, and remove electric and communication lines for purposes of providing a
transmission and distribution line under and across the Easement Area described below to provide service
to customers beyond the Property, and to also provide service to the Property described below, including,
but not limited to, all necessary supporting structures, and all other appurtenant apparatus and equipment
for the transmission and distribution of electrical energy, and for technological purposes related to the
operation of the electric facilities and for the communication purposes of Incumbent Local Exchange
Carriers (collectively, "Facilities").
Grantor is the owner of that certain property legally described as follows:
Tract "D" of the Highlands, Section Five, as recorded in Plat Book 19, Page 45 of the Official
Public Records of Seminole County, Florida. (hereinafter referred to as the "Property")
The Facilities may be both overhead and underground and located in, upon, over, along, under,
through, and across a portion of the Property within an easement area described as follows:
The West Seven and a Half Feet (7.5') of Tract "D" of THE HIGHLANDS SECTION FIVE,
(hereinafter referred to as the "Easement Area").
The rights granted herein include, but are not limited to, the following:
Grantee shall have the right of reasonable ingress and egress over the Easement Area, only as
reasonably necessary, over other portions of the Property and any adjoining lands now owned or
hereinafter acquired by Grantor, using existing lanes, driveways, and adjoining public roads
where practicable as mutually agreed upon by the parties when feasible.
2. Grantee shall have the right to trim, cut down, and remove from the Easement Area, at reasonable
times and using safe and generally accepted arboricultural practices, trees, limbs,
undergrowth, other vegetation, and obstructions, but only to the extent reasonably necessary to
protect or access the Facilities.
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Book 10878 Page 814
Instrument# 2025079436
Grantee shall have the right to trim, cut down, and remove from the Property, at reasonable times
and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or
leaning trees or limbs, which, in the reasonable opinion of Grantee, might fall upon the Easement
Area or interfere with the safe and reliable operation of the Facilities. Grantee shall provide prior
notice to Grantor before undertaking such activities outside the Easement Area, when practicable.
4. Grantee shall have the right to install necessary guy wires and anchors extending beyond the
boundaries of the Easement Area, provided that any such installation extending beyond the
boundaries of the Easement Area shall be subject to Grantor's prior written consent, which shall
not be unreasonably withheld.
5. Grantee shall have the right to relocate the Facilities and Easement Area on the Property to
conform to any future highway or street relocation, widening, or alterations mandated by a
governmental authority, and with reasonable notice to Grantor and consultation on the location,
provided such location must not interfere with the Grantor's utilities operation on the Property.
6. Grantor shall not place, or permit the placement of, any structures, improvements, facilities, or
obstructions, within or immediately adjacent to the Easement Area that unreasonably interfere
with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove
any such structure, improvement, facility, or obstruction, at the expense of Grantor, only upon
reasonable notice and a reasonable opportunity for Grantor to cure the violation.
7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as
provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the
surface area of the Easement Area and Property (including any building and equipment owned
by Grantor thereon) resulting from the exercise of the rights granted herein to Grantee. Such
repair shall be to a condition which is reasonably close to the condition prior to the damage, and
shall only be to the extent such damage was caused by Grantee or its contractors or employees.
8. Grantee may increase or decrease the voltage and change the quantity and types of Facilities only
to the extent reasonably necessary to provide safe and reliable service to the Property.
9. The rights granted in this Easement include the right to install Facilities wherever needed on the
Property to serve existing and future development on the Property. Facilities installed outside the
designated Easement Area shall be installed only upon mutual written agreement of the parties
hereto. Upon such agreement, the Easement Area shall be deemed to include such future locations.
10. All other rights and privileges reasonably necessary, in Grantee's reasonable discretion, and
consistent with the other provisions herein, for the safe, reliable, and efficient installation, operation,
and maintenance of the Facilities.
11. 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 or maintenance of
Grantee's facilities located on the above described easement. 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, resulting from interference with Grantee's facilities by Grantor
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Book 10878 Page 815
Instrument# 2025079436
or by Grantor's agents or employees.
The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of
Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the
rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any
time, or from time to time, to exercise any and all such rights. This Easement shall be governed by
Florida law.
TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors,
licensees, and assigns, forever. The rights and easement herein granted are exclusive as to entities
engaged in the provision of electric energy service. Grantor warrants and covenants that Grantor has
the full right and authority to convey to Grantee this perpetual Easement, and that Grantee shall have
quiet and peaceful possession, use and enjoyment of the same.
Page 3 of 4
Book 10878 Page 816
Instrument# 2025079436
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this day
of P u' .. , 2025.
Witnesses:
. /1---
(Witness #1)
Printed Name: Alvhvl
f �t
Address: 1( gt ► r .
(Ifitness #2)
Printed Name: / l
Address:
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
a Florida municipal corporation
i
KEVIN McCANN, MAYOR
Grantor(s) Mailing Address:
1126 East State Rd. 434
Winter Springs, FL 32708
The foregoing instrument was acknowledged before me by means of 12 physical presence or ❑
online notarization, this °` day of A ��O- , 2025 by KEVIN McCANN, MAYOR of CITY OF
WINTER SPRINGS, a Florida munici` al corporation, on behalf of the corporation. He is ersonally—
known to me or has produced as identification.
Notary Public:
Notary Public State of Florida Printed/ Typed Name: (_Y)tqkewN
1� Christian D Gowan
Itt' My Commission HH 433379 Commission Expires: ' Vl"'$,. �� c Z
=10Expires 05/2027
This instrument prepared by Manny R. Vilaret, Esquire, 10901 Danka Circle Suite C, St. Petersburg, FL 33716
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