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FAITH UNITED CHURCH OF CHRIST INC KEN BURKE, CLERK OF COURT PINELLAs COUNTY FLORIDA INST# 2010115370 04/2812010 at 12:58 PM OFF REC BK: 16898 PG: 2659-2663 DocType:EAS RECORDING: $44.00 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Portion of parcel I. D. No. 18-29-16-00000-120-0200 DRAINAGE & UTILITY EASEMENT .11 FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, FAITH UNITED CHURCH OF CHRIST, INC, a Florida not for profit corporation, 2401 Drew Street, Clearwater, Fl, 33765-2816 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), non- exclusive 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 25 FOOT DRAINAGE AND UTILITY EASEMENT lying over, under, across and through a portion of the Northeast 1/4 of Section 18, Township 29 south, Range 16 East, Pinellas County, Florida, as legally described and depicted in EXHIBIT "A', Pages 1 - 2, appended hereto and by this reference made a part hereof ("Easement Premises") This easement is for drainage and utility installation and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain therein drainage facilities, together with appurtenances thereto (collectively, "utility'), and.to inspect and alter such utility from time to time. 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 promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities 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 completioh of afl'work activities in a timely manner Grantor warrants and covenants with Grantee that Grantor 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\FAITH U C OF CHRIST D&U EASE 1109.doc 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 WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this 1 day of 12010. Signed, sealed and delivered in the pre5oAcq of: ,WITNESS signature 1?Cj iWY1 ,?B"r?4?,ea S 1 Print Witness Name WITNESS signature ' rint Witness Name STATE OF FLORIDA COUNTY OF PINELLAS: ss FAITH UNITED CHURCH OF CHRIST, INC., a Florida not for profit corporation By: Print ametAcl\i-_ ?GY Title ft-1) 1 ?Before me, the undersigned authority, personally appeared Mot `w C: as ©o?et Qjyr _ _ of Faith United Church of Christ, Inc., who executed the foregoing instrument as such officer on behalf of said corporation, and who acknowledged the execution thereof to be ham" free act and deed personally and as such officer, for the use and purposes herein set forth, and who [)Q is personally known to me, or who [ ] did provide as identification. Notary ublic - State of Florida Type/Print Name My commission expires: BESTER DEWET MY COMMISSION # DDS36874 EXPIRES: April 07, 2010 1$00-7•NOTARY Fl. Notary Discount Assoc. Co. C:\DOCUME--1\XPUSER--1\LOCALS--1\Temp\TemporaryDirectory 1 for fwdfwdrainageutilityeasement[1].zip\FAITH U C OF CHRIST D&U EASE 1109.doc IF-CONSENT & JOINDER The undersigned being owner and holder of an equitable interest in the real property described herein by virtue of that certain mortgage lien given by Faith United Church of Christ, Inc., a Florida not for profit corporation, as described in that Mortgage and Security Agreement dated April 1, 2008, as recorded in Official Records Book 16206, Pages 1021 - 1033, Public Records of Pinellas County, Florida; does hereby join with Grantor/Mortgagor and consents to the grant of easement as conveyed herein to the City of Clearwater, Florida; and hereby subordinates all of its right, title, interest and claim in the lien evidenced by aforesaid instruments and all other instruments of security as described therein to the easement rights as conveyed by Grantor/Mortgagor. Signed, sealed and delivered In the presence of: _ Print Witne ame ess ign t r ) Print Witness name STATE OF OHIO COUNTY OF CUYAHOGA ss UNITED CHURCH OF CHRIST CORNERSTONE FUND, INC., Indi corporation By: Print Name Go .don Gilles Title President The foregoing instrument was acknowledged before me this 10thday of March 2010 by Gordon Gilles , as President of the United Church of Christ Cornerstone, Fund, Inc., whom, being duly authorized, executed this instrument on behalf of said corporation, and who acknowledged the execution thereof to be hy? free act and deed personally and as such officer, for the uses and purposes therein expressed, and who DC] is personally known to me or who [ ] did provide as identification. '- Notary P-Ublic. 4:5t?te ?f Ohio Type/1rantifat1 - - My Commission Expires: NICHOLETTE. I. KOLLER Notary Public for the State of Ohio Geauga County My C unmission Expires 4/15/2014 C:\Documents and Settings\gillesg\Local Settings\Temporary Internet Files\OLKF58\FAITH U C OF CHRIST DU EASE 1109 (3).doc scoie.• >'•-'oo' EXHIBIT "A" This is not o survey NORTH P. o. C N.W. Corner of N.E. 1/4 Section 18/29/16 -1 S 89'38'49" E 32.42' W W O O E? W w D z w Q 0 0 0 z x W'• LL- 3 / N O 0 ? Lo I oL LCD e J T 4 0 H m ?a W Q Q ? I ? Ln N O I I? O /1 CYID TEAKWOOD DRIVE I I I N. Boundary Line Northeast 1 /4 Section 18-29-16 S 89'38'49" E 25.00' S. Right Of Way Line 1 DREW STREET rr P. o. B. C:Z) I I ? I I 25' I I I I I I I I to 0 I I 12/02 I Q I O ? ? I I ?n O N I I ° I I 25' I I I I F S 89'38'49" E I I I 25.00' I I I L? -J 1 -----_- ____..___? c , I ( 1 I r----J r-? I -L .? ? -- --- I ` I L_J L - - - - LEGAL DESCRIPTION / DRAINAGE & UTILITIES EASEMENT BASIS OF BEARING REFERENCE: S89038'49"E, ALONG THE NORTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, PER OFFICIAL RECORD BOOK #1567, PAGES #728 & #729, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE S8903849"E, ALONG THE NORTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF 32.42 FEET; THENCE S00025'31"W, A DISTANCE OF 50.00 FEET, TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF DREW STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S00025'31"W, ALONG THE EAST BOUNDARY LINE OF EASTWOOD TERRACE THIRD ADDITION SUBDIVISION, PLAT BOOK #51, PAGE #65, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 485.00 FEET; THENCE S8903849"E, ALONG A LINE PARALLEL WITH SAID NORTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF SECTION 18, A DISTANCE OF 25.00 FEET; THENCE N00025'31'E, ALONG A LINE PARALLEL WITH SAID EAST BOUNDARY LINE OF EASTWOOD TERRACE THIRD ADDITION SUBDIVISION, A DISTANCE OF 485.00 FEET, TO A POINT OF INTERSECTION WITH SAID SOUTH RIGHT OF WAY LINE OF DREW STREET; THENCE N89038'49"W, ALONG SAID SOUTH RIGHT OF WAY LINE OF DREW STREET, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. r AFFIDAVIT OF NO LIENS STATE OF FLORIDA . : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared Mollie R. Bucy, Director/Moderator of Faith United Church of Christ, Inc., a Florida not-for-profit corporation, whom, being first duly sworn, does depose and say: 1. That aforesaid corporation is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: The South 485 feet of the North 535 feet of the East 255.47 feet of the West 287.89 feet of the Northwest'/. of the Northeast'/. of Section 18, Township 29 South, Range 16 East, Clearwater, Pinellas County, Florida. 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 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 and Security Agreement dated April 1, 2008 given in favor of United Church of Christ Cornerstone Fund, Inc, as recorded in Official Records Book 16206, Pages 1021-1033 of the Public Records of Pinellas County, Florida. 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. UAEasementMAITH U C OF CHRIST D&U EASE 1109.doc ,F 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 the easement herein being conveyed to encumber the above-described property. Signed, sealed and delivered In the presence of: - CL ITN S signatur Print Witness Name W TNESS signatur Print Witness Name FAITH UNITED CHURCH OF CHRIST, INC., a Florida not for profit corporation By: f _ - Print ame MO vim,( Title ?-- Sworn to and subscribed to before me this o rr day of ('uvu , 2010. Notary P lic - State of Fla Print/Type Name My Commission Expires MY COMMISSION # DD536874 F1490-3-NM RESTER DEWET F.Xp,Ma April 07, 2010 FI. Notary Di,rp , A, a , Co. AKY C:\DOCUME-1\XPUSER-13LOCALS-1\TemplTemporary Directory 1 for fwdfwdrainageutilityeasemengil.zip1FAITH U C OF CHRIST D&U EASE 1109-doc