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CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION INC (2)..Y . . Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 RE: Parcel No. 09-29-15-44352-002-0013 KEN BURKE, CLERK OF COURT pINELI?`s COUNTY FLORIDA 1:47 AM 6, 009 INST# 200901i17 64 OFF REC BK. 1PG12977-980 DocType EAs RECORDING: $35.50 SANITARY SEWER EASEMENT 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, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC, a Florida corporation not-for-profit, with it principal place of business located at 503 Cleveland Street, Clearwater, Fl. 33755-4007 ("GRANTOR"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("GRANTEE"), an easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A portion of Lots 1, 2 and 3, Block 2 of JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR, as recorded in Plat book 1, Page 13 of the Public Records of Hillsborough County, Florida or which Pinellas County was formerly a part, and a portion of the vacated right-of-way of Osceola Avenue North, lying in Section 09, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. The easement rights granted herein are for perpetual construction and maintenance of public sanitary sewer facilities. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to maintain thereon such facilities, to inspect and alter same from time to time, and to reconstruct and replace as necessary and desirable in the interest of public safety. 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 shall exercise all rights granted to it hereunder in such manner as shall occasion. the least practicable damage and inconvenience to GRANTOR, its tenants, licensees and invitees. GRANTEE shall repair in a workmanlike manner and as nearly as possible to original condition, all damages to GRANTOR'S roads, fences, driveways, parking areas, shrubbery or other property or properly permitted improvements occasioned while exercising rights and privileges granted herein to effect GRANTEE'S use, maintenance, operation and reconstruction of the sanitary facilities as permitted herein. GRANTOR reserves the right to make use of the Easement Area herein granted in a manner which is not inconsistent with the rights herein conveyed, or which does not materially interfere with the use of the Easement Area by GRANTEE for the purposes herein conveyed. U:\Easements\CHURCH OF SCIENTOLOGY ISLAND VIEW: SAN EASE. I I08.doc ":k GRANTEE shall defend and hold harmless GRANTOR and all of the GRANTOR'S agents, employees, representatives and/or successors and assigns from and against all claims, damages, liabilities, expenses, losses, suits and actions, including attorney's fees resulting from the installation, operation, maintenance, repair, use, replacement or removal of GRANTEE'S sanitary facilities or other exercise by GRANTEE of its rights hereunder, provided however, that in no event or under any circumstances shall this provision be construed as a consent by GRANTEE to be sued by third parties or as a waiver of GRANTEE'S sovereign immunity, nor shall the GRANTEE incur any financial liability which would exceed statutory limits as set forth in Section 768.28, Florida Statutes. GRANTOR makes no representation herein as to the fitness of the Easement Areas for the use intended by GRANTEE. 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 ITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this day of 2??kn7j!&n 2005' . STATE OF FLORIDA COUNTY OF PINELLAS ss By: The foregoing instrument was acknowledged before me this k day of e a /5- Z, 200k by Mary Shaw, as President of CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not-for-profit corporation, who, being duly authorized, did execute the foregoing instrument on behalf of said entity, and who acknowledged the?? W is thereof to be her free act and deed for the uses and purposes therein expressed, and who Wis personally known to me, or r I,- .,?.ced tification. Notary Public - State of Type/Print Name My Commission Expires: GLEN E. STILL; MY COMMISSION # DD761165 0 ExPIRFS: Februnq 21, 2012 ar 40.3-N0TARY Fl. Naaery Oiacauot Msuc. Co. U:\Easements\CHURCH OF SCIENTOLOGY ISLAND VIEW SAN EASE. 1108.doc Signed, sealed and delivered in the presence of: CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not-for-profit corporation w 1 % Y cd ,A" SECTION 9, TOWNSHIP 29S, RANGE 15E , PINELLAS RI ?J 1 of 324 02 PROJECT N pMBER GEORGIA STREET S88'40'45"W ' 5 SOUTHERLY R LINE r LOT 7 A& E1 GAON PS AGR - - ? LOT 1 WW z 0 20 40 LOT 6 A. B. NIE CATE S_ A, e e P" 0 v J P. Q cot 2 ? SCALE:1 40 LOT 5 I N x W C I LOT 3 2 8 LOT 4 c* r F ? ? LEG A' n END - ?„ - COR = CORNER 7 PS = PLAT BOOK N PG = PAGE POS = POINT OF BEGINNING 0 POO = POINT OF COMMENCEMENT Z POT = POINT OF TERMINUS R/W . RIGHT-OF-WAY A PORAON OF GOVERNMENT LOT 4 A PART OF SEC770M 9 701W IP 29 SOUTH, RANGE 15 EAS ff-7- -PA mo S O ? O ti N89'44 POT A LOTS 1, 2 & 3 oCK 2 OF OR BOW PAGE 648 JONES SL1B0 WSTON NICHOLSONS AD017701V 70 PS 1. PC 13, NILLSSOROUGH COUNTY LOT 1 LOT 2 BLOCK 2 BLOCK 2 NOT A SURVEY ITEM DATE BY QC SKETCH & DESCRIPTION 10-24-08 JT DHR H:\JN\3324\DWG\3324SD.DWG LayoutlA ISLAND VIEW SANITARY SEWER EASEMENT HARBOR LOT 3 BLOCK 2 SAVED: 10/30/2008 10:17 AM PLOTTED: 10/30/2008 10:17 AM SHEET 1 OF 2 POLAWASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 18850 US HIGHWAY 19 SUITE 500 CLEARWATER, FLORIDA 33764 727 524-6500 A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, BEING A PORTION OF LOTS 1, 2 AND 3, BLOCK 2 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1, PAGE 13, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA OF WHICH PINELLAS COUNTY, FLORIDA, WAS FORMERLY A PART AND A PORTION OF THE VACATED RIGHT-OF-WAY OF OSCEOLA AVENUE NORTH, LYING IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST. PINELLAS COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF A.B. & JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK 1 PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALSO BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S.88'40'45" W., 150.03 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF--WAY LINE, S.00-16'19"E., 396.31 FEET TO THE POINT OF THE BEGINNING OF SAID CENTERLINE; THENCE S.89'43'40"W., 168.29 FEET; THENCE S.58'36'43"W., 45.57 FEET TO THE POINT OF TERMINUS. THE SIDE LINES OF SAID EASEMENT BEING EXTENDED OR SHORTENED TO INTERSECT A BEARING S.00'16'19" E. AT THE POINT OF BEGINNING AND A BEARING N89'44'18"W AT THE POINT OF TERMINUS. CONTAINING 3,208 SQUARE FEET OR 0.074 ACRES, MORE OR LESS. 1. BEARINGS ARE BASED ON THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE, SAID LINE BEING AS S00'16'19"E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE-CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. ?" SECTION 9, TOWNSHIP 29S, RANGE 15E - '"'" PINELLAS COUNTY, FLORIDA (Page 2 of PROJECT NUMBER 3324-02 I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61017-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. SAVED: 10/30/2008 10:17 AM PLOTTED: 10/30/2008 10:18 AM NOT A SURVEY PROFESSIONAL LS 5227, STA' EYOR AND MAPPER FLORIDA SHEET 2 OF 2 ITEM_ I DATE I BY I QC SKETCH & DESCRIPTION 10-24-08 JT DHR H: \JN\3324\DWG\3324SD.DWG Loyout2A ISLAND VIEW SANITARY SEWER EASEMENT &m ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 18850 US HIGHWAY 19 SUITE 500 CLEARWATER, FLORIDA 33764 (727) 524--6500 STATE OF FLORIDA COUNTY OF PINELLAS A F FFIDAVIT OF NO LIENS : ss BEFORE ME, the undersigned authority, personally appeared Mary Shaw, as President of CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not-for-profit corporation, whom, being first duly sworn, does depose and say: 1. That said not-for-profit corporation is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A portion of Lots 1, 2 and 3, Block 2 of JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR, as recorded in Plat book 1, Page 13 of the Public Records of Hillsborough County, Florida or which Pinellas County was formerly a part, and a portion of the vacated right-of-way of Osceola Avenue North, lying in Section 09, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described and depicted in EXHIBIT "A" 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, except: (if none, enter "NONE". If left blank, it will be deemed that "NONE" is entered.) 4. That other than easements and restrictions of record, there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: (if none, enter "NONE". If left blank, it will be deemed that "NONE" is entered.) 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 are no outstanding sewer service charges or assessments payable to any government. U Tasements\CHURCH OF SCIENTOLOGY ISLAND VIEW SAN EASE. 1108.doc 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon. CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not-for-profit corporation By. a a dent Sworn to and subscribed to before me this 4j?f day of c ,7'r- 200k. GLEN E. STILO MY COMPASSION k DD761165 9P 21, 2012 Notary Public - State o Y Fl-N„wy D tAn Co. Print/Type Name 7 My Com ission Expires UAEasements\CHURCH OF SCIENTOLOGY ISLAND VIEW SAN EASE. I I08.doe SECTION 9, TOWNSHIP 29S, RANGE 15E 1 of 2, PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3324 02 - GEORGIA STREET S88'40'45"W SOUTHERLY R LJNE 150.030 icon cot r NI A & E LOT 7 l? sr?W CAr : 1, 44 PB 1, PC 64 - - ? ?- - LOT 1 I 0 20 40 CATES LOT 6 A.B. & J V IE SUB 7 P. B. 1 P6. 4 l 2 LOT l SCALE:1 40' LOT 5 j L 0 0 I a z I LOT 3 LOT 4 C _ p ? 1"^ w - - - Qw LEGEND _ CPS = = CORNER PLAT BOOK v PG = PAGE POS = POINT OF BEGINNING 0 POC = POINT OF COMMENCE MENT Z POT = POINT OF TERMINUS R/W = RIGHT-OF-WAY A POR770N OF GOVERNMENT LOT 4 A PART OF SEC77ON 9, TOWN NIP 29 SOU7H, RANGE 15 £AS VACA7ED E A 262591, GLE w o J `?+ A R LOTS 1, 2& 3 i OCK 2 N P° S89• •W 168.29 _ ?o u '' AJtI A OF OR BOOK 14808 PATE 648 N89441 "W 28.59' PoT "ES Sl/6tl11?51ON NIQNOL,StCW$' AQDI1)ON 7D CLE WAT£R HARBOR P9 1, PG 14 HILLSBOROUGH COUNTY LOT 1 LOT 2 LOT 3 BLOCK 2 BLOCK 2 BLOCK 2 SAVED: 10/30/2008 10:17 AM PLOTTED: 10/30/2008 10:17 AM NOT A SURVEY SHEET 1 OF 2 ITEM DATE BY QC POLAM ASSOCIATES INC ISLAND VIEW . PROFESSIONAL SURVEYING SANITARY SEWER LB 6113 SKETCH & DESCRIPTION 10-24-08 JT DHR 18850 US HIGHWAY 19 SUITE 500 EASEMENT CLEARWA7ER, FLORIDA 33764 H:\JN\3324\DWG\3324SD.DWG LaYa ut1A (727 524-6500 " 59 SECTION 9, TOWNSHIP 29S, RANGE 15E ' PINELLAS COUNTY, FLORIDA (Pap 2 of 2) PROJECT NUMBER 3324-02 D_E S C R_ I P T I O N A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, BEING A PORTION OF LOTS 1, 2 AND 3, BLOCK 2 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1, PAGE 13, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA OF WHICH PINELLAS COUNTY, FLORIDA, WAS FORMERLY A PART AND A PORTION OF THE VACATED RIGHT-OF--WAY OF OSCEOLA AVENUE NORTH, LYING IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST. PINELLAS COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF A.B. & JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK 1 PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALSO BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S.88'40'45".W., 150.03 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, S.0016'19"E., 396.31 FEET TO THE POINT OF THE BEGINNING OF SAID CENTERLINE; THENCE S.89'43'40"W., 168.29 FEET; THENCE S.58'36'43"W., 45.57 FEET TO THE POINT OF TERMINUS. THE SIDE LINES OF SAID EASEMENT BEING EXTENDED OR SHORTENED TO INTERSECT A BEARING S.0016'19"E. AT THE POINT OF BEGINNING AND A BEARING N89'44'18"W AT THE POINT OF TERMINUS. CONTAINING 3,208 SQUARE FEET OR 0.074 ACRES, MORE OR LESS. N O T E S 1. BEARINGS ARE BASED ON THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE, SAID LINE BEING AS S00'16'19"E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE • CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. IFI C A T 1 ON I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61017-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. SAVED; 10/30/2008 10:17 AM DA RI, ' '04 T I LOTTED: 10/30/2008 10:18 AM PROFESSIONAL VEYOR AND MAPPER P NOT A SURVEY LS 5227, STF FLORIDA SHEET 2 OF 2 ITEM DATE BY QC AM ASSOCIATES INC ISLAND VIEW . PROFESSIONAL SURVEYING SANITARY SEWER LB 6113 SKETCH & DESCRIPTION 10-24-08 JT DHR 18850 US HIGHWAY 19 SUITE 500 \JN\3324\DWG H: \3324SD.pWG LaYaut2A EASEMENT CLEARWATER, FLORIDA 33764 (727 524-6500