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CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION INC (3)r Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 RE: Parcel No. 09-29-15-14310-000-0010 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2009016147 01/23/2009 at 11:47 AM OFF REC BK. 16477 PG: 981-984 DocType:EAS RECORDING: $35.50 STORMWATER 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 Lot A, BERGENS REPLAT, as recorded in Plat book 26, Page 41 of the Public Records of 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 stormwater facilities. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to maintain thereon such stormwater 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 stormwater 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. 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, U:\Easements\CHURCH OF SCIENTOLOGY ISLAND VIEW STORMWATER EASE. 1108.doe maintenance, repair, use, replacement or removal of GRANTEE'S stormwater 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 WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this !r ^- day of 200p' Signed, sealed and delivered in the presence of: WITNESS Print Witn PV,J "6 signature Print Witness Name STATE OF FLORIDA COUNTY OF PINELLAS ss CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not-for-profit corporation By: Mary Sha ,Pre ident The foregoing instrument was acknowledged before me this X'" day of f F,,.7.t 200-vby 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 ex cution thereof to be her free act and deed for the uses and purposes therein expressed, and who [ is personally known to me, or [ ] w#e-pfedmed on. Notary Public - State of Florida Type/Print Name My Commission Expires: GLEN E. STILO MY COMMISSION # DD761163 °a EXPIRES: February 21, 2012 1 3fi1pTARY Fl- Notey Di6Cwm1 Assm. Co. U:\Easements\CHURCH OF SCIENTOLOGY ISLAND VIEW STORMWATER EASE.. 1108.doc M. ' EX H. IW "Ar SECTION RANGE 15E 9, TOW YSHIP 29 f 2 I PINELLA S COUNT, FL ORIDA ) o P ROJECT NUMBER 3324-02 GEORGIA SST SOUTHERLY R /W LINE POC NE CDR, LOT 1 A.S. & JENNIE LOT 1 CA TES SUBDIWSION P8 1, PG 64 V z -mss ?---_ Ll 4 LOT 2 0 15 30 ? W O cr SCALE:1 30' a LOT 3 Z O Ix Ir C4 = Z cD ?- W a 1Po A PORTION OF p GOVERNMENT LOT 4 a0 A PART OF SEC77ON 9, TOWNSHIP O 29 SOU77t RANGE 15 EAST W V cn am °' Z O co 6.. 0 p LOT B ? LEGEND Q. CIC ? a p COR = CORNER P6 = PLAT BOOK '- - -- - -- ?9 -p - - - Q: C4 PG - PAGE POB - POINT OF BEGINNING cd m 4 POC = POINT OF COMMENCEMENT POT - POINT F LOT A POT p O TERMINUS R/W = RIGHT-OF-WAY N88056'34"W 51 7Q . S89'59'22"W 48.48' NORTHERLY R/W LINE POB JONES STREET NOT A SURVEY ITEM DATE BY QC SKETCH & DESCRIPTION 10-24-D8 JT DHR H: \JN\3324\DWG\3324SD.DWG LayoutlS SAVED: 10/30/2008 9:56 AM PLOTTED: 11/7/2008 9:16 AM SHEET 1 OF 2 ISLAND MEW R?s ASSOCIATES INC. STORM EASEMENT PROFESSIONAL SURVEYING LB 6113 18850 US HIGHWAY 19 SUITE 500 CLEARWATER, FLORIDA 33764 (727) 524--6500 SECTION 9, TOWNSHIP 29S, RANGE 15E PINELLAS COUNTY, FLORIDA 2 of 2) PROJECT NUMBER 3324-02 A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, BEING A PORTION OF LOT A OF BERGENS REPLAT, AS RECORDED IN PLAT BOOK 26, PAGE 41 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF 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 WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE, S.00'16'19"E., 530.62 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF JONES STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S.89'59'22"W., 48.48 FEET TO THE POINT OF THE BEGINNING OF SAID CENTERLINE; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, N.00'52'39"E., 8.20 FEET; THENCE N.88'56'34"W., 51.70 FEET TO THE POINT OF TERMINUS, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF OSCEOLA AVENUE. THE SIDE LINES BEING EXTENDED OR SHORTENED TO INTERSECT WITH THE EAST RIGHT-OF--WAY LINE OF OSCEOLA AVENUE BEARING N.00'16'19"W AT THE POINT OF TERMINUS AND THE NORTH RIGHT-OF-WAY LINE OF JONES STREET BEARING 5.89'59'22"W AT THE POINT OF BEGINNING. CONTAINING 899 SQUARE FEET OR 0.021 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 S0016'19"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. C E R T I F I C A T I O N 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 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SEC11ON 472.027 FLORIDA STATUTES. SAVED: 10/30/2008 10:17 AM DA RIZZUTO PLOTTED: 10/30/2008 10:19 AM PROFESSIONAL S YOR AND MAPPER NOT A SURVEY LS 5227, STATE FLORIDA SHEET 2 OF 2 ITEM DATE BY QC POLAM ISLAND VIEW ASSOCIA TES INC. PROFESSIONAL SURVEYING LB 6 STORM EASEMENT 113 SKETCH & DESCRIPTION 10-24-08 JT DHR 18850 US HIGHWAY 19 SUITE 500 H: \JN\3324\DWG\3324SD.DWG Lcyout2B CL EARWATER, FLORIDA 33764 727 524-6500 AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS : 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 Lot A, BERGENS REPLAT, as recorded in Plat book 26, Page 41 of the Public Records of 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. 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. U Tasements\CHURCH OF SCIENTOLOGY ISLAND VIEW STORMWATER EASE. 1108.doc CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not-for-profit corporation By: Mary aw, Pr i Sworn to and subscribed to before me this day of _ /iC:'c. „3,z-L 1200,1? Notary Public - State o Flo a Print/Type Name My Commission Expires K= GLEN E. STILO M? ?.OMMlSSION # DD761165 EXPIRF3: February 21, 2012 Y FI. Notery D ee= As Co- U:\Easements\CHURCH OF SCIENTOLOGY ISLAND VIEW STORMWATER EASE. 1108.doe SECTION 9, TOWNSHIP 29S, RANGE 15E 4 of 2) PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3324-02 GEORGIA Rqff SOUTHERLY R /W LINE POC NE COR, Lot' I A.B. & JENNIE LOT 1 CA7ES SUBDIVISION PB 1, PG 64 UZ? z -is (Zn? 4 LOT 2 0 15 30 w SCALE:1 =30 LOT 3 z a CV = z Qp W 7 A PORTION OF 0 ") L? GOVERNMENT L0T 4 00 A PART OF SEC77ON 9, TOWNSHIP 0 29 SOUTH, RANGE 15 EAST z ? r O r (? o O O = J LOT B Q LEGEND CL 4 W Z COR - CORNER PB = PLAT BOOK ?W ? - - PG - PAGE N C co (N N POB = POINT OF BEGINNING POC POINT OF COMMENCEMENT LOT A cd O POT - POINT OF TERMINUS R/W = RIGHT-OF-WAY POT z N88 5fi'34"W 51 70' . S89'59'22"W 48.48' NORTHERLY R/W LINE POB JONES STREET SAVED: 10/30/2008 9:56 AM PLOTTED: 11/7/2008 9:16 AM NOT A SURVEY SHEET 1 OF 2 ITEM DATE BY QC POLAM ASSOCIATES INC ISLAND VIEW . PROFESSIONAL SURVEYING LB 6113 STORM EASEMENT SKETCH & DESCRIPTION 10-24-08 JT DHR 18850 US HIGHWAY 19 SUITE 500 H: \JN\3324\DWG\3324SD.DWG Layout18 CLEARWATER, FLORIDA 33764 727) 524-6500 ' "A SECTION 9, TOWNSHIP 29S, RANGE 1511 PINELLAS COUNTY, FLORIDA 2 f o ' PROJECT NUMBER 3324-02 A) DESCRIp__rI_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 LOT A OF BERGENS REPLAT, AS RECORDED IN PLAT BOOK 26, PAGE 41 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF 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 WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE, S.00'16'19"E., 530.62 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF JONES STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF--WAY LINE, S.89-59'22"W., 48.48 FEET TO THE POINT OF THE BEGINNING OF SAID CENTERLINE; THENCE LEAVING SAID NORTHERLY RIGHT-OF--WAY LINE, N.00'52'39"E., 8.20 FEET; THENCE N.88'56'34"W., 51.70 FEET TO THE POINT OF TERMINUS, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF OSCEOLA AVENUE. THE SIDE LINES BEING EXTENDED OR SHORTENED TO INTERSECT WITH THE EAST RIGHT-OF-WAY LINE OF OSCEOLA AVENUE BEARING N.00'16'19"W AT THE POINT OF TERMINUS AND THE NORTH RIGHT-OF-WAY LINE OF JONES STREET BEARING S.89'59'22"W AT THE POINT OF BEGINNING. CONTAINING 899 SQUARE FEET OR 0.021 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 S0016'19"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. riE_11 TIFICAT10 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 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. SAVED: 10/30/2008 10:17 AM DA RIZZUTO PLOTTED: 10/30/2008 10:19 AM PROFESSIONAL S YOR AND MAPPER NOT A SURVEY LS 5227, STATE FLORIDA SHEET 2 OF 2 ITEM DATE 6Y QC ASSOCIATES INC ISLAND VIEW . PROFESSIONAL SURVE STORM EASEMENT YING LB 6113 SKETCH & DESCRIPTION 10 -24-0$ JT DHR 18850 US HIGHWAY 19 SUITE $00 H: \JN\3324\DWG\3324SD.DWG Layout2B CLEARW FLORIDA 33764 (727) 52244--6 6500