MARY SALINAS HUBER AS TRUSTEE OF THE CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
~~~T=E~~8K2~1274 09/24/2008 at 12:37 PM
. 16385 PG: 968-970
DocType:EAS RECORDING: $27.00
Parcel I. D. No. 16-29-15-62131-000-0001
._---------~-
II
WATER MAIN & HYDRANT EASEMENT
II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, MARY SALINAS HUBER, as Trustee of the
CHURCH OF SCIENTOLOGY RELIGIOUS TRUST, 319 South Garden Avenue, Clearwater, FI. 33756-5423,
("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation ("Grantee"), a non-exclusive, limited purpose easement over, under and across the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
The East two hundred three feet (203') of the North twenty-five feet (25') of OAK COVE, A
COMMERCIAL CONDOMINIUM (COMMON ELEMENT) COMMON AREA, according to the map or
plat thereof as recorded in Plat Book 102, Pages 92 - 95, Public Records of Pinellas County,
Florida, as depicted in EXHIBIT "A", appended hereto and by this reference made a part hereof
(the, "Easement Premises")
This easement is for water main & hydrant installation and maintenance only. The CITY OF
CLEARWATER, FLORIDA, shall have the right to enter upon the above-described Easement Premises to
construct, install and maintain therein water lines and a City fire hydrant, and to inspect and alter such utilities from
time to time, together with all appurtenances thereto. Grantee shall be solely responsible for obtaining all
governmental and regulatory permits required to exercise the rights granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain
reasonable access for Grantor and the general to Grantor's facilities at all times during the exercise of rights
granted herein, and that it shall promptly restore the Easement Premises and any affected areas surrounding the
Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the same
quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. Grantee further
represents and warrants that it shall diligently pursue the completion of all work activities in a timely and
workmanlike manner.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described
Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to
Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and
enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the
Easement Premises not inconsistent with the easement rights granted herein.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from
and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including
attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or
occupation of the easement premises. However, nothing contained herein 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 Grantee to be sued by third parties in any manner
arising from this grant of easement, or as a waiver of sovereign immunity.
U:\Easements\CHURCH OF SCIENT OAK COVE EAS 0308. doc.doc
"
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In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee's
facilities constructed within the Easement Premises to facilitate further development or redevelopment of the
property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of
Grantee, shall provide an alternate easement for the constructed water mains, and shall at its sole cost and
expense reconstruct the water mains within the alternate easement. Upon completion of the facilities relocation
Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of
Pinellas County, Florida.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights
granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual
agreement of both parties, or by abandonment of the Easement Premises by Grantee.
/', IN WITNFSS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
r day of I~ LJ~U 5 r ,2008.
Signed, sealed and delivered
in the resence of:
THE CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST
prin~i. ,:~~me
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../>.~~tur~.N>
/ rint Witness Name
By:
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Mary Salinas Huber, as Trustee of the
Church of Scientology Religious Trust, whom, being duly authorized by provisions of said Trust and amendments
thereto, did execute the foregoing instrument on behalf of said Trust on the aforementioned date, and who
acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and
whO'N] is ersonally known to e or who [ ] did provide as
identificatio ,: /J .
il..-. My commission expires:
Type/Print Name
NOTARY PLBLlC-STATE OF FLORIDA
"If" S h H 11
,"W'" ara . He er
~~}Co~sion #DD610822
""""".' ExpIres: NOY. 01, 2010
BONDED THRU ATl..ANTIC BONDL'<G CO., INC.
U:\Easements\CHURCH OF SCIENT OAK COVE EAS 0308. doc. doc
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
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COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Mary Salinas Huber, as
Trustee of the Church of Scientology Religious Trust, whom, being first duly sworn and authorized
by provisions of and amendments to said Trust, does depose and say:
1 . That the Church of Scientology Religious Trust is the owner of legal and equitable title to
the following described property in Pinellas County, Florida, to wit:
OAK COVE, A COMMERCIAL CONDOMINIUM (COMMON ELEMENT)
COMMON AREA, according to the map or plat thereof as recorded in Plat
Book 102, Pages 92 - 95, Public Records of Pinellas County, Florida
2.
That said property is now in the possession of the record owner.
3.
That there has been no labor performed or materials furnished on said property for
which there are unpaid bills for labor or materials against said property, other that
those which will be paid during the normal course of business, except: (list, or if
none, insert "NONE". If no entry, it will be deemed that "NONE" has been
entered.)
~
4. That there are no liens or encumbrances of any nature affecting the title of the property
herein described, except leasehold tenancies, easements and restrictions of record, any
encroachments, overlaps or other rights of third parties which would be shown by a
current survey, except: (list, or if none, insert "NONE". If no entry, it will be deemed
that "NONE" has been entered.)
IJOUE-
5. That no written notice has been received for any public hearing regarding assessments
for improvements by any government, and there are no unpaid assessments against the
above described property for improvements thereto by any government, whether or not
said assessments appear of record.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
U:\Easements\CHURCH OF SCIENT OAK COVE EAS 0308. doc.doc
~
7. That the representations embraced herein have been requested by the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon in connection with the
granting of a drainage and utility easement to encumber the above-described property.
Swom to and subscribed t~ b
}j. ~
Notary Public - State 0
day of A ( )t:; uS r
,2008.
My Commission Expires:
NOTARY PUBLIC.STATE OF FLORIDA
."". S h 11
"W'" ara H. He er
~~ )Co~sion #DD610822
'",,,,,._.' Expires: NOY. 01, 2010
BONDED THRU ATLANTIC BONDING CO., INC.
Type/Print Name
U:\Easements\CHURCH OF SCIENT OAK COVE EAS 0308. doc.doc