COUNTRYSIDE CHRISTIAN CENTER INCReturn to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
RE: Parcel No. 04-29-16-00000-320-0500
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009016144 01123/2009 at 11:47 AM
OFF REC BK: 16477 PG: 962-966
DoCTyre:EAS RECORDING: $44.00
BLANKET WATER MAIN & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt and
sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom,
COUNTRYSIDE CHRISTIAN CENTER, INC., a Florida non-profit corporation
1850 McMullen Booth Road, Clearwater, Florida 33759-1814
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation ("Grantee"), an easement over, under, across and through the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A ten-foot (10') utility easement lying five feet (5') each side of all water mains, up to
and including all water hydrants and meters ("Water Facilities"), but excluding any
water mains that may lie under buildings or within five feet (5') of buildings, as all
such water lines and utilities are now constructed and existing, or as may be
constructed or reconstructed hereafter within a portion of Section 04, Township 29
South, Range 16 East, Pinellas County, Florida; as more particularly described in
EXHIBIT "A" as appended hereto and by this reference made a part hereof ("Easement
Premises").
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises and to construct, install, maintain and reconstruct as necessary thereon such water
facilities and to inspect and alter same from time to time. In the exercise of rights granted herein
Grantee shall in every instance restore all physical impacts to the easement premises to equal or better
condition as existed prior to the exercise of such rights. By acceptance of the rights conveyed herewith,
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 the fee simple title to the
herein described easement premises, that Grantor has full right and lawful authority to grant and
convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and
enjoyment of this easement.
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 of 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
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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.
In the event Grantor, its successor or assigns, should ever determine it necessary to relocate
Grantee's facilities 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 reconstruct the Water Facilities within the Easement Premises at its
sole cost and expense.
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their 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 WITNESS WHEREOF, the undersigned grantors have caused these presents to be duly
executed this ?z ? day of i_; era LC , 200E.
Signed, sealed and delivered
In the presence of:
WITNESS sign ture
fi j
Print ness ame
(1-v??, c?,6?
WI NESS sign t r
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Print Witness Name
COUNTRYSIDE CHRISTIAN
CENTER, INC., a Florida not-
f - ofit Corp r n
By:
enne earson, esi ent
Attest:
Print N We
Title
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of U v?IJ? ,
200_9by Kenneth Pearson, as President of Countryside Christian C nter, Inc., a Florida not-for-profit
corporation, whom, being duly authorized, did execute the foregoing instrument on behalf of said
corporation, and who acknowledged the execution thereof to be his free act and deed for the uses and
purpos therein expressed, and ^? [ ] is personally known to me, or who [ ] did provide
-71 A?,,.? r.?Tz:e_ as identification.
My Commission Expires:
Notary Pu lic - State f Florida rrnuuuunnnnn...unuuuuunur
aj NAOMI POWELL
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MORTGAGEE CONSENT, JOINDER AND SUBORDINATION
BANK OF AMERICA, N.A., whose address is 1111 E. Main Street, 6th Floor, Richmond, Virginia
23219-3500 (herein, "Lender'), is the owner and holder of that certain Mortgage, Assignment of Rents,
Security Agreement and Fixture Filing, and any other instruments of security related thereto, dated
October 27, 2008, recorded in Official Records Book 16425, at Page 325 in the Public Records of
Pinellas County, Florida (the "Mortgage"). The Mortgage encumbers the easement premises as
described in the foregoing Blanket Water Main and Utilities Easement as conveyed by Countryside
Christian Center, Inc. a Florida not-for-profit corporation (herein, "Grantor") to the City of Clearwater,
Florida, a Florida municipal corporation (herein, "Grantee"), to be recorded in the Public Records of
Pinellas County, Florida; and Lender does hereby consent to and joins in the grant of said easement by
Grantor, and does further subordinate its right, title and interest therein under the aforesaid Pledge
Agreement.
-
Signed, sealed and delivered
In the presence of:
P
WN'Vt(?'s 51gnatu
Prin Witness name
Witness signature ..
STG$!?'E-?1 {-? U ?1 I LL-?I- R?aYL i??'V
Print Witness name
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
ss
BANK OF AMERICA, N. A., organized and
existing under the laws of the United States of
By:
Print Na
Title
cF
S
The foregoing instrument was acknowledged before met is IC-
The of
2009 by ;VSgAh 9). /Y?MPT N s as 5, v • ? of
Bank of America, N.A., Lender in the above-described lien, who executed said instrument and
acknowledged the execution thereof to be h_ S free act and deed for the uses and purposes therein
expressed, and who [ .- is personally known to me or who [ ] did provide
as identification.
My Commission Expires:
Nota Public - State of Florida
MORRIS
Q/>- A `S DD assays
Type/Print Name 2009
y C.
F?V0=f' 7H F('JUuli
_al'J: _ BJN!)!N ?0.. INC.
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EXHIBIT " A"
COUNTRYSIDE CHRISTIAN CENTER, INC.
Legal Description - Easement Premises
That part of the Northwest '/a of the Southwest'/4 of SECTION 4,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, Pinellas County,
Florida, described as follows:
Begin at the Southwest corner of the Northwest'/4 of the Southwest'/4 of said Section 4 for a
POINT OF BEGINNING, and run thence North 45°14'35" East, 1219.16 feet; thence South
89°47'06" East, 437.22 feet to a point on the West right of way of McMullen Booth Road (State
Road 593); thence along said West right of way, South 00°12'54" West, 326.41 feet; thence
North 89°47'06" West, 17.00 feet; thence continue South 00°12'54" West, 828.75 feet along
said West right of way of McMullen Booth Road (State Road 593); thence North 89°27'25"
West, 492.43 feet to the East boundary of Sall's Lake Park 3rd Addition, as recorded in Plat
Book 71, Page 21 of the Public Records of Pinellas County, Florida; thence North 05°45'45'
East, 236.01 feet along said East boundary of said Sall's Lake Park 3rd Addition; thence North
89°23'30" West, 813.22 feet along the North boundary of said Sall's Lake 3`d Addition to the
West boundary of said Section 4, thence North 00°19'19" East, 50.20 feet along the West
boundary of Section 4 to the POINT OF BEGINNING, less and except additional right of way
for McMullen Booth Road;
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aJ --
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Kenneth Pearson, as
President of Countryside Christian Center, Inc., a Florida not-for-profit corporation, who, being first duly
sworn, does depose and say:
1. That said corporation is owner of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
A portion of Section 04, Township 29 South, Range 16 East, Pinellas
County, Florida, as more particularly described in EXHIBIT "A" as
appended hereto and by this reference made a part hereof.
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)
That there are no liens or encumbrances of any nature affecting the title of the property herein
described, except easements and restrictions of record, any encroachments, overlaps or other rights of
third parties which would be shown by a current survey, and:
That certain Mortgage, Assignment of Rents, Security Agreement and Fixture Filing, and any
other instruments of security related thereto, given in favor of Bank of America, N.A. as recorded in
Official Records Book 16425, at Page 325 of the Public Records of Pinellas County, Florida, and NO
OTHERS.
5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby warranted that 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 is no outstanding sewer service charges or assessments payable to any
government.
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A., -?
7. That the representations embraced herein are for he purpose of inducing the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon.
Signed, sealed and delivered
In the presence of:
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WITNESS signaturb
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Sworn to and subscribed before
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COUNTRYSIDE CHRISTIAN CENTER,
INC., a Florida not-for-pAAK Gjbrporation
By.
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of
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