CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL INCr '
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34758-4748
RE: Parcels No. 16-29-16-00000-110-0100
BLANKET PUBLIC UTILITIES EASEMENT
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009195309 07/24/2009 at 12.41 PM
OFF REC BK. 16651 PG: 2539-2543
DocType:EAS RECORDING: $44.00
FOR AND IN CONSIDERATION of the sum of One Dollar ($10.00) in hand paid, the receipt and
sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom,
CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida not-for-profit corporation
3400 Gulf to Bay Boulevard, Clearwater, Fl. 33759-4514
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation ("Grantee"), non-exclusive easement over, under and across the following described land lying and
being situate in the County of Pinellas, State of Florida, to wit:
A ten-foot 10' utilities easement Winn five feet 5' each side of all public utilities including an and all
appurtenant mains hydrants, valves and all other related infrastructure collective) the "facilities" but
excludin all facilities that may lie under buildings or within five feet 5' of buildings, as such facilities are
now constructed and existing, or as ma be constructed or reconstructed hereafter within and upon that
certain real property as de icted in EXHIBIT "A" Appended hereto and being more articular) described
as follows:
ALL UPLAND lying within that certain parcel of land described as beginning at the NE corner of
Government Lot 4 in the NE1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida;
run thence South 558.44 feet, thence West 300.00 feet, thence South 41°29' West, 453.31 feet; thence
South 82°38' West, 302.52 feet; thence North 2263.78 feet; thence East 900.02 feet to the East line of said
NE1/4; thence South 1322.53 feet to the Point of Beginning, LESS Bostrom Road and that part of
Government Lot 1 lying in Section 15, Township 29 South, Range 16 East, Pinellas County, Florida.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein described
premises to construct, install and maintain and reconstruct as necessary any and all potable and reclaimed water,
gas, sanitary and stormwater facilities as provided by law, and in compliance with Chapter 32, Clearwater Code of
Ordinances, as same may be amended from time to time. Grantee shall have full authority to inspect and alter all
such facilities from time to time within said easement premises. In the time-to-time 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 permitted work activities in a
timely and workmanlike manner.
Grantor retains responsibility to install, construct, maintain and replace all elements of all facilities that are
not obligations of Grantee as provided by this easement, by law and/or the Clearwater Code of Ordinances.
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 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
U:\Easements\CLW CHRISTIAN COLLEGE BLKT UTILS EAS. 032709.doc
and expenses, including attorney's fees, resulting from or related to Grantee's or Grantee's employees,
agents, contractors and/or invitees use and 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.
In the event Grantor, its successors 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 any such facilities at Grantor's sole cost and expense, and
shall convey alternate and equivalent easement premises for such relocated facilities.
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 ,ZG day of NA$e , 2009.
Signed, sealed and delivered
in the presence Qf:
W
Prin?Witges,?.Name .
WINE` S signature
(/ ,. S -: ea -- -
Print Witness Name
STATE OF FLORIDA
COUNTY OF PINELLAS
: Ss
CLEARWATER CHRISTIAN COLLEGE
PRIVATE SCHOOL, INC.
By: ?&!? 4n-? -
Print Name 2"r &&.,*os
Official Title r
Attest:
By:
Print Na a Mnxu G D9. 0'0L-
Title v
The foregoing instrument was acknowledged before me this CW- day of, Cc4-
2009 by kCL? VI as ,u lp. -OtVLALi1 ?i of Clearwater
Christian Colleg Private School, Inc., who executed the foregoing instrument on behalf of said
corporation, and who acknowledged the xecution thereof to be h_ free act and deed for the uses
and purposes therein expressed, and Wwho is personally known to me, or [ ] who has produced
as identification.
My Commission Expires:
N glary Public , S t Iorida
l01
Print Notary Name # '??? * MYCOMM SIONN#DO516974
r EXPIRES: Mardi 24, 2010
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CONSENT AND JOINDER IN GRANT OF EASEMENT
The undersigned Mortgagee and its Trustee, by assignment under a Trust Indenture dated as
of September 1, 2001, being owner and holder of an equitable interest in the real property described
herein by virtue of that certain mortgage lien created and described in the Mortgage and Security
Agreement, and any other related instruments of security dated September 1, 2001, given to
Mortgagee by Clearwater Christian College Private School, Inc., a Florida not-for-profit corporation
("Mortgagor"), and assigned thereupon to SunTrust Bank, who has been succeeded in interest by U.S.
Bank National Association (the "Trustee"), said Mortgage and Security Agreement being recorded in
Official Records Book 11567, at pages 2561, et al, Public Records of Pinellas County, Florida. The
undersigned Mortgagee and Trustee do hereby join with the aforesaid Mortgagor/Grantor in the
grant of easement as described in the herein described Blanket Public Utilities Easement recorded on
even date herewith as conveyed to the City of Clearwater, Florida ("Grantee"); and hereby consents to
said print of eactmant -, gvibordinato.s ?11. of the ri(h.t, title. interest-and . claim in the lien evidenced
by the aforesaid Mortgage and Security Agreement, and any related instruments of security, to the
easement rights as conveyed to Grantee by the Mortgagor.
Signed, sealed and delivered
In the presence of:
WITNESS signature
ANNETTE F. BURNEY
Print Witness Name
WIT S si ture
KELLY A. TROJANOWSKd
Print Witness Name
UJ ?--
tf ,nc? at A) I !'s
Print Witness Name
J RL
ITN SS signature
s4c 0 1 -(-.
PINELLAS COUNTY EDUCATIONAL
FACIL TIES Vrtusta, Mortgagee
By:
Print Name: Jr.
Title: Chairman
U.S. BANK, NATIONAL ASSOCIATIONr
successor to SunTrust Bank, a Georgia
banking corporation, as Trustee
Y:
Print Name:
Title: a '
STATE OF FLORIDA
COUNTY OF PINELLAS
ss
OW aq
The f r going i strument was acknowledged before me this 21 day of a
2009 by
as C/Vl0(.LY'MOm- _
of the PINELLAS COUN Y EDUCATIONAL FACILITIES AUTHORITY, who executed the foregoing
instrument by and on behalf of said authority, and who acknowledged the execytion thereof to be
h free act and deed for the uses and purposes therein expressed, and [ ?] who is personally
known to me, or [ ] who provided
as identification.
Notary public - ate of Florida
WAM R.
Type/P t Name
STATE OF FLORIDA
: ss
COUNTY OF DUVAL :
My Commission Expires:
MEGAN R. YARASHAS
^+: ;r MY COMMISSION 1 DD 544943
'3e EXPIRES: Ap?II 26, 2010
" ;Pp 1 emdad ThN Nabq N* lkndrNVbm
The foregoing instrument was acknowledged before me this 28th day of May ,
2009 by Cristina G. Rhodebeck as Vice President of the U.S. Bank National
Association, who executed the foregoing instrument by and on behalf of said corporation, and who
acknowledged the execution thereof to be h free act and deed for the uses and purposes therein
expre ed, and [ X ] who is personally known to me, or [ ] who provided
as identification.
-L' - ai?
Notary Public - State of Florida
Sarah Banker
Type/Print Name
My Commission Expires:
SARAN BANKER
Notary Public - State of Fwdda
• Uy Comm. Expires Aug 1 S. 2M2
Co wssten iR DD 8141607
Best ihtsWb N?tlaeil N "AML
Scale 1 "400' EXHIBIT "A"
This is not o survey
.19?
NORTH
AFFIDAVIT OF NO LIENS 1?
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
BEFORE E, the undersigned authority, person I appeared
d as rlv S k trw of
Clearwater Ch ' tian College Private School, Inc., a Florida not-for-profit corporation,
whom, being first duly sworn, does depose and say:
1. That said corporation is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit:
That certain parcel of land described as beginning at the NE corner of
Government Lot 4 in the NE1/4 of Section 16, Township 29 South,
Range 16 East, Pinellas County, Florida; run thence South 558.44 feet,
thence West 300.00 feet, thence South 41°29' West, 453.31 feet;
thence South 82°38' West, 302.52 feet; thence North 2263.78 feet;
thence East 900.02 feet to the East line of said NE114; thence South
1322.53 feet to the Point of Beginning, LESS Bostrom Road and that
part of Government Lot 1 lying in Section 15, Township 29 South,
Range 16 East, 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 than those
that will be paid during the normal course of business, except: (if none, enter "NONE".
If no entry, it will be deemed that Affiant has entered `NONE")
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:
That certain Mortgage and Security Agreement dated the 1St day of September 2001
given in favor of the Pinellas County Educational Facilities Authority, as recorded in O.
R. Book 11567, at page 2561, et al, of the public records of Pinellas County, Florida.
1
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.
WIT1?E S Si ??qq
Va,1 2%,e
By: a
Print Name ivi s a
Official Title IVA ':;? Ali--f
WIT SS Print d Name
c
? ? J.
WITS Stature
WITNESS Printed Name
Sworn to and subscribed to before me this . & day of
2009.
Met, Soy o
Not ry Public - S6 f Florida My Commission Expires
VAT121 PATMIA SQUIRES
Print/Type Name * * MY COMMISSION I?DD516974
EXPIRES: March 24, 2010
Bonded 11w Budget Notary Services