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MARY HUBER - TRUSTEE OF THE CHURCH OF SCIENTOLOGY RELIGIOUS TRUSTReturn to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-�4748 Parcel I. D. No. 16-29-15-94896-000-0010 K�IV BURKE, CL�RK QF COURT P�NELLAS CQUNTY FLpR1�A INiS'�# 2D1722S84$ 08024/201'7 �t 99:77 Ah9 QFF REC BK: 173$6 PG; 2363-Z355 �rYPQ�EAS RECORDING: �27,00 GENERAL UTILITY EASEMENT FOR AND IN CONSIDERA710N 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, M A�y /-� uB�lL ___ , as Trustee of the CHURCM OF SCIENTOLOGY R�LIGIOUS TRUST, 319 South Garden Avenue, Clearwater, FI. 33756-5423, ("Granto�") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), a non-exclusive, general utility 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 Lats 8 and 9, GEORGE WASHBURN SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5, Page 23, Public Records of Pinellas County, Florida, as mare particular described and depicted in EXHIBIT "A", appended hereto and by this reference made a part hereof (the, "Easement Premises") This easement is for any and all public utilities installation and maintenance only. 1'he CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described Easement Premises to construct, install and maintain therein any and all public utilities provided by Grantee, and to inspect and alter such utilities from time to time, together with all appurtenances theret�. Grantee shall be solely responsible for abtaining 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 maintain reasonable access for Grantor, Grantors invitees and the general public to Grantor'� facilities at all times during the exercise of rights granted herein, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon campletion af any project undertaken in the exercise of these rights to at least the same quality of candition that existed as of the date Grantee first exercised any of its rights hereunder. Grantee fufther 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 awner of fee simple title to the herein described Easement Premises, and that Grantar 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 af the easement premises. However, nothing contained herein shall be construed to waive or modify the provisipns af 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. C:\DOCUME�1\james\LOCALS-1\7Emp\COS WASHBURN SUB GEN UTIL EAS 0611.doc In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee's facilities constructed within the �asement Premises ta facilitate further development or redevelopment of the property encumbered hereby; then Grantar, its successors or assigns, in cansultation with and upon approval of Grantee, shall provide an alternate easement for the utility facilities constructed within the Easement Premises, and shall at its sole cost and expense reconstruct the utility facilities within the alternate easement. llpon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. 7his 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 af the Easement Premises by Grantee. r� IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this � day of Ti,�r�� . , 2011. Signed, s�aled and delivered in the presence of: �� W I�si ature � �o�a� Print Witne me Trustee �� /% WIT �S signatu Print itness Name STATE OF FLORIDA . : ss COUNTY OF PINELLAS . THE CHURCH �F SCIENTOLOGY RELIGIOUS TRLJST � / By: Pri N e R f�c� , Before me, the undersigned authority, personally appeared � h`vlju as Trustee of the Church of Scientology Religious Trust, whom, being duly authorize by provisions of said Trust and amendments thereto, did execute the foregoing instrument on behalf of said Trust on the aforementioned date, and who acknowl ged the execution thereof to be hr� _ free act and deed for the use and purposes herein set forth, and who s personall known ta me, or who [] did provide as identification. My cammission expires: Notary Public - ate o Type/Print Name NOTAitY PCJBLICSTATE OF �1ARIDA _ ""'�4� Srian A. Asay �Commission #DD824869 .��a Expires: OC'� Q4, 2012 �ONDEP TIiRU ATLANTTC BOX41)IN(S CQ, INC. C:\DOCUME�1\james\LpCALS-1\7emp\COS WASHBURN SUB GEN UTIL EAS 0611.doc W.O. 4567.3 EXHIBIT "A" SECTI ON 1 F, TWP. 29 S., RGE. 15 E. S�ETCH— �F`— LEGAL PINELLAS COUNTY, FLORIDA rio7ES: 1, 'fH15 SKETCH WAa PERFORMEU WIThIOUT THE LENEFIT OF A PIERCE STREET TITLE COMMITMENT. AND IS SUBJECT TO EASEMENTS, RICH7-OF-W�Y, �ND OTHER MATTFRS OF RECOR� TH�T P, �Z OO� TITLE SEAf2CH MIGHT L�ISCLOSE. Al � 0 � �; __ 0 � 0 � _ w � w x � 3 � � a 0 0 N i � � � � � � � a 0 C� 4 u� 0 0 a / C� O JI � N � � 0 3 d 7o��P7 I ,� 7n�(P) THE � LOT 9 N�RTH�RLY I .r LINE OF ° LOT 9 � I Q, � � � U M �J � �oT � o � � � I I 70'(P) �� I I al LOT 7 m �I I 70'(f' 0 z .� N$9°56'17"E 0 v N v � '��--- N� CORNi f� OF LOT 9 TH E �- EASTERL.Y N LINE OF � LOT 9 !� "' � � M � � � � o � W ° ° � ° ° Q � � � 2� � LLl 70'(P) � N89°59' 17"W � LOT 8 Q 12.00' � � W a,7 � � J O � J � � O z � 70'(P FR.ANKLIN STREET � N � r I = � 0 � TH E �ASTERLY I�INE OF L�T 8 � 50 r..�—I SCALE: 1" = 50' LEGEND - POB = Point of Beginning bFSCRIPTION: q°. A PORTION OF' �_C�TS 8 ANb 9, GEORGE WASFIE�URN SUBD!VISION, ACCORDING 1'O Th•IE MAP OR f'I..AT TI-iEREOF' A5 RECURDEU IN PLA'f BUOK 5, PAGE ?3 0� THE f'UBLIC RECORDS OF PINELLAS COUNT`f, FLURIDA, BEING A 12� WIDE STRIP MORE PARTICULARL7' �ESCRIB�D A5 FOLLOWS: COMMENCE AT THE NOf�THEA� f CORNER OF LOT 9, GEORGE WASHBURN SUBDIVISION, ACCORDING TU 7HE MAP bR PLAT THEP.EOF AS RECORDED IN PLA1 800K 5, F�AGE 23 OF TFIE PUBLIC R[CORDS OF PINELLAS COUNT'Y, FLORIpF� FOR A POIPJT OF BEGINNIN;;; THENCE 50D'UO'�13"W, ALONG Tf-I� EASTERI..Y UNE UF SAID LOTS. 8 ANU 9, 142.41 FEET; 'rHENCE DEPARTir�G SAID EaSI'f:RLY LINE, N�i9'S9�17"w!, 1Z.00 F��_T; Tf-iENCE' N00'00'43"E, ALUNG A�.INE �2 FEET WEST OF AND F'ARALLEL 1C) SAIU EAS�rERLY LINF OF SAID LOTS 8 F��ID 9, � 142.4Q FCET TQ A POIN'i ON THE NURTf-IER�,_Y � LINE OF S�ID LOT 9; TWENCE N89'56'17"E, 4LGNG � SAID NOR fHERLY LINE', 12.OU FEET, BACK 70 THE ° �'OINT OF BF'GINNING. a CONTAINING 1709 SOUARE FEE I' MO�E OR LESS w � m w N � SURVEYOF2'S CERTIF'IC'/�TION: _-- - . � I DF.NNIS J. EYRE, THE SURVEYQF2 IN RESPO �, E C+1A1vC,�; HEREBI' CE:RTIFY THqT THE" �" � 5KE7CH REPRESEN7ED HER�ON IS ACCUR 70 Hi �'F57 OI�MY.kh10WLEDGE AfJG � BELIEF. SKETCH NOT VFlL,I(� WITHOUT T SIGNA r�2,F, XaND T�+-IE OF�GIN U SEF.L � OF r`, FLORIpA LIC�DJ;EU SURVEYOR U MAPP�R -' � a L � _ -,. ' �'� - ' . . W 'J. EYf?E, (. . F�• kE�: No. 2865 June 3,'�" ` °RAwNBY. �.�� GE�DATA SER�ICES \�' � �� V � �"��"EO �'� 1822 DREW ST. SUITE 8 pATE: June � 20>> CLEARWATER, FL 33765 sNEEr � of � PHONE: �727� 447-1763 ✓oe No.. �ss� LB 7466 m w a' T } �2 C� Z � Q � �� �� z . � �- ::; _ �� w � 0 ,� STATE OF FLORI�A �'� C�UNTY OF PW�LLAS : AFFIDAVIT OF NO LIENS BEFORE ME, the undersigned authority, personally appeared �2�, NU(3ElZ as Trustee of the Church of Scientology Religious Trust, whom, being first duly sworn and authorized by provisions of and amendments to said Trust, does depose and say: That the Church of Scientology Religious Trust is the owner af legal and equitable title to the following described property in Pinellas County, Florida, to wit: Lots 8 and 9, G�ORGE WASHBURN SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5, Page 23, Public Records of Pinellas Caunty, Florida That said property is now in the possession of the record owner. 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, ather that thosE which will be paid during the normal course of business, except: (list, or if none, insert "N�NE". If no entry, it will be deemed that "NONE" has been entered.) '- � 4. That there are no liens ar encumbrances of any nature affecting the title of the property herein described, except leasehold tenancies, easements and restrictions of record, any encroachments, overlaps ar other rights of third parties which would be shown by a current survey, except: (list, or if non�, insert "NONE". If no entry, it will be deemed that "NONE" has been entered.) _ _ T, _ _ , , ,_ _ , ,,,� _ ,_,.,� That no written notice has been received for any public hearing regarding ass�ssments for improvements by any government, and there are na unpaid assessments against the above described praperty for improvements thereto by any government, whether or not said assessments appear of record. C:\DOCUME--1\james\LOCALS--1\Temp\COS WASHBURN SUB GEN UTIL EAS 0611.doc C� 7 That there are no outstanding sewer service charges or assessments payable to any government. That the representations embraced herein have been requested by the CITY OF CL�ARWAT�R, its agents, successors and assigns to rely thereon in connectian with the granting of a drainage and utility easement to encumber the above-described property. Signed, sealed and delivered In the presence of: �� �ES signature� Q � Print W.�r a Print Witness Name THE CHURCH �F SCIENTQLOGY RE U$ U T� . ay: - Prin e � ,Trustee Sworn to and subscribed to before me this s� day of , 2011. My Commission Expires: Notary Public - a e of Florida 7ype/Print Name NOTARY PUBLIC-STRTE OF FLORIDA �'"•,•ay Brian A. Asay „�Commissioa #DD824869 � Fxpires; OCT. 04, 201� BONDSU TIiAU ATLANTtC BONDING C0., iNC. C:\DQCUME-1\james\LOCALS-1\Temp\COS WASHBURN SUB GEN U71L EA5 0611.doc