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CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION INCOPRORATED ~ < INST t 91-065531 _1i'1_~1314 '. 1 991 4 t 3lE't'\ I ._PI~ELLAS COUNTY FlA lr- -. .' '. _ .. · . ... I. .0~~-~~_/'\J~_!~')__F~G_ :L f3;~ 1. KNOW ALL MEN BY THESE PRESENTS that CHURCH OF SCIENTOLOGY EASEMENT FLAG SERVICE ORG., INC., a non-profit Florida corporation, hereinafter referred to as "Grantor", in consideration of the sum of Ten Dollars and other valuable consideration, receipt and sufficiency of which is hereby acknowledged, paid by CITY OF CLEARWATER, FLORIDA, hereinafter referred to as "Grantee", does grant, bargain, sell and convey unto the Grantee, an easement upon and across the following described real property: 11 RECORt)lNCI ACCT (ff'! ~Z~r -. ~.5Q HES . - IHF f'IG PIC DOC INT TOTAL ~ q. D 5' M~ ,50 ~ "- ~ 1'0 ~ ~ ~~LC ,-'~ ,"'" Q.) ~. .~ ;; \<. '-< r~ ~ '0 ~ \ v1 \.~! "" '.'-l " <O'~ ~Q:.~ -..-'" -:J l- -:F ,,- C:: 7'J \.. L'.., :.t 0~'~ rz~:.u'('>Z~/"'1 I2Cfu). v Ui""J.~ 5/.:20/1/ The South twenty-five (25) feet of the following described real property: ~ That part of Government Lot 4 of Section 9, Township 29 South, Range 15 East, and the lands West thereof in Pinellas County, Florida, described as follows: From the Southeast corner of said Government Lot 4 run West along the South line thereof 1721.99 feet to the West line of Osceola Avenue (a 40 foot street) for a Point of Beginning; run thence North 01007120" East 315.80 feet to the South line of Jones Street, (a 40 foot street); thence North 890 34'32" West along the South line of Jones Street; 249.91 feet to the West edge of the existing seawall; thence South 00 26125" West along the West edge of the existing seawall, 5.80 feet to the North edge of the existing seawall; thence North 89023'35" West along the North edge of the existing seawall, 314.50 feet to the West edge of the existing seawall; thence along the West edge of the existing seawall, 296.78 feet along the arcl of a curve to the right, radius 560 feet; chord bearing and distance South 30023'36" West, 293.32 feet; thence South 19013' 07" West along the West edge of the existing seawall, 58.64 feet to the South line of said Government Lot 4 as extended West; thence South 89028'06" East, 725.96 feet to the Point of Beginning; LESS and EXCEPT the South 25 feet thereof heretofore conveyed for street purposes; and also LESS and EXCEPT the Easterly 15 feet thereof conveyed for street purposes. KARLEEN F. DEBLA. .KER'J..'..C1...1 L.._..p....j:.IK... RECOI3_~lnlJER I F I ED n BY t .. Vl t:r. J t/ - () / 1- tJO ~ / cf I , PINELLAS COUNTY FLA. OFF .i';;EC__BK "751_5 PG 1.822 The easement, rights and privileges herein granted shall be used only for the purpose of subsurface drainage, underground utilities, and sidewalk installation and maintenance as hereinafter provided: 1. The easement granted herein shall not interfere with or otherwise obstruct the Grantor's right to use the real property for parking or other lawful purposes. 2. The sidewalk shall be no more than 5 feet in width and shall be constructed adjacent to the curb of Drew street. 3. The easement granted for drainage and utilities hereunder shall be restricted to subsurface drainage and underground utilities, so as not to obstruct the Grantor's use of the property. 4. The Grantee or any such utility companies as may ultimately use the easement for utility purposes shall bear all costs incident to the installation, maintenance and repair of the easement granted hereunder. 5. The Grantee or such utility companies as may ultimately use the easement shall be responsible to repair and restore the premises after the installation of subsurface drainage or underground utilities, or any future repair or maintenance thereof, so that the premises are restored to their prior condition, including but not limited to any repaving or restoration of the parking area or any improvements currently maintained within the area of the easement. 6. The parties acknowledge that at the time of granting this easement certain improvements are currently maintained within the real property subject to this easement, i. e . asphalt 2 .' I I PINELLAS COUNTY FLA. O~F.REC.BK 7515 PG 1823 pavement, signs as well as any other matters denoted on the survey prepared by Cumbey & Fair, Inc., dated March 5, 1990. The Grantee hereby acknowledges and agrees that any such improvements shall not constitute encroachments and that neither the Grantee, nor any utility company or successors in interest shall seek to obtain any judicial order seeking the removal of any such improvements from the easement on the grounds that the improvements constitute an encroachment. 7. The Grantee warrants and represents that the granting of this easement shall not adversely affect the Grantor with respect to any zoning setback requirements for any buildings or improvements presently or hereafter erected upon the property nor will the granting of this easement affect any parking requirements that may be imposed by the City of Clearwater Zoning and Building Department or such other department which has regulatory powers over such matters. That this grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the parties, their heirs, legal representatives, and assigns; provided, however, that the easement granted hereunder shall terminate when, or at such time as, the purposes hereof cease to exist, are abandoned by Grantee, or become impossible of performance. That the Grantor also retains, reserves, and shall continue to enjoy use of the property for any and all purposes which do not interfere with or prevent the use by the Grantee of the within easement. 3 1 _ fINEllAS COUNTY _9~EI'~!::_~_._f{~__Z~J~____E'f.,~~:' ~~; 4 IN WITNESS WHEREOF, the above-named Grantor hereby set its hand and seal this ;?~ day of June, 1990. Signed, sealed and delivered in the presence of: ~o ----L6~''__ ' ~ CHURCH OF SCIENTOLOGY FLAG.,' :~d)!i?~ .1;, ~ "ITS -S~c:'~ETA.ty:; S .', ,I,,, . "ii.; , 11'i COUNTY OF PINELLAS SWORN TO C.fl71fae~C~SJl4aGSh AND SUBSCRIBED before me by on behalf of CHURCH OF SCIENTOLOGY FLAG 1990. ~ NOTARY PUBLIC My Commission Expires: ~~ day of June, ':\'~~'l SERVICE ORG., INC., the Grantor herein, this A/.J~.,tJ: ~" ~:-: 1I:':~- . :,#"':: ."'lIt ,./ ~ ~::!11.~ > ",,;;, '"' _~\j NOTARY PUBLIC. STATE OF FLORIDA. ~IY C'Jj,jj'IIISS10N EXPIRES: APRIL 26:1993'. ltilNw,g THRw N.;,HARY PviU..lc UNDERWRJT'&;~" . .. - . "'.". ... ~ ;,,' :;. { ." . - ~~' " 4 I I PI NELL..AS . OFF REC ..' CO(.JN1 Y FL A ----+-.:'-~_?'S_?_:5 1.:5 _/='(, 1.'8~5 CB = S 30023'36"W CORD = 293.32' RADIUS = 560.0' ARC = 296.78' - / N.T.S. .... W w ex: .... (/). U) en It) N ..... It) .~ I") NOTE: This Is not o Survey 25' ~ It) rt) -I") N 0 en G) z SOo2S'25"W PROPOSED DRAINAGE, 5.8' UTILITY 8 51 DE WALK EASEMENT - - en en .. N ~ = N I") - .. I") 0 en G) % NOlo07'20" E 315.80' OSCEOLA AVE. 1/7/90 AQ J I PINELLAS COUNTY FLA. OFF.REC.BK 7515 PG 1826 state of Florida County of Pinellas AFFIDAVIT OF ALYCIA DANILOVICH Before me, the undersigned authority, personally appeared Rev. Alycia Danilovich, who after being duly sworn, deposed and said: 1. That I am the President of the Church of Scientology Flag service Org, Inc. 2. That Catherine Ross Probst is the Secretary of the Church of Scientology Flag Service Org, Inc. (CSFSO), and that she is duly authorized to sign the attached Easement agreement on behalf of CSFSO, on the 25 foot real property located at 200 N. Osceola Avenue, Clearwater, Florida. Further affiant sayeth naught. :I , ~ {)'l4~~t!~d{ Alyci Danilovich i' i~orn to and Subscribed before W~ this..,'1) day of July 1990. :;)~ y" :'l; 11 / / A _ ,.; :' f. . "'1l4""(- /fI,dlV ,.' .;r; c:ia;y;,..pUPlic, ~ .~~t<<t~ Of Flor~da "" < '..... :1 " .~' ," ..' :;,' ~'i''i..''''puBiSft.STATE OF FLORID~ ~"'..' l(j).. ?~'!...'"'' ,~':cE. XPIRES: APRIL Z6, 199:1. .~;Wt"C9~illLS,O ARY PUBUQ UNDliRlIlfRIT&aa. I, B'uil,iBEO THRU N>it. \ {!~" 'Ii. '\,.t t'~ : i ,.41, .-'!l<.> "",' .~.'... ~. . ~. \ ~ ~:~ ~~ .(;. ;~ INST . 91-122908 i;' ..;~~A.. .'f... 9~__~~9~~~?9F'M_I_'. :1 NSn. t. 91--06~;;)29 " l,,,r. I (jOP7-O__m.~,-.n 1 ~!_-=-s>.91 __~! 3ell! .._' .- ,.C.OC-L u/.$. ,QJJ -~ 1 PINELLAS COUNTY FLA. i JIFt- . R I~".l-- . l:{J'\_1 ~ 1- 5 ---'"' ~-.!.8 1: ~5 .' _ . PINELLAS COUNTY FLA. OFF.REC.BK 7565 PG 964 MORTGAGE SUBORDINATION AGREEMENT ,,-,-------~-~-,-~_.._-_.,.-- KNOW ALL ~N BY THESE PRESENTS, that the undersigned, -fV rrJ I _ _ ----"Mark Ingber, Gordon Bolstad and Mari)1 De Leonibus, as Trustees . 'r' { '. I <'" ()O~ u.tJ..' 1'-'_.., ~ f of the UNITED STATES PARISHIONERS TRUST, a trust created by ~-- , ~ that certain Declaration of Trust dated December 16, 1988, '::>. ~ being the owner and holder of a certain mortgage executed by ~ ~ CHURCH OF SCIENTOLOGY FLAG SERVICE ORG, INC., a Florida '" ~ ~ \~ non-profit corporation, in favor of SOCIETE FINANCIERE ~ --i ~ ~ ~ CONCORDE, S.A., dated July 6, 1987, recorded July 6, 1987 in ~ ~ ~ Official Record Book 6533, Page 1365, of the Public Records of ~~ ~ . ~ Pinellas county, Florida, hereby agree to subordinate its -0~25 mortgage to that certain easement to be executed by CHURCH OF a Florida non-profit SCIENTOLOGY FLAG SERVICE ORG, INC., .~ H =9 ~::! .J !." ;,., r.' :i..... FLORIDA, the corporation, to CITY OF CLEARWATER, upon following described real property: 11 RECORDfNG ACCT /000 rt CO( ~ /500 FEES _. MTF << PTG ___ PIC DOC INT TOTAL 15.00 Mtr The South 25 feet of the following described real property: That part of Government Lot 4 of section 9, Township 29 South, Range 15 East, and the lands West thereof in Pinellas County, Florida, described as follows: From the Southeast corner of said Government Lot 4 run West along the South line thereof 1721.99 feet to the West line of Osceola Avenue (a 40 foot street) for a Point of Beginning; run thence North 01 07'20" East along the West line of Osceola Avenue, 315.80 feet to the South line of Jones Street, (a 40 foot street); thence North 89 34'32" West along the South line of Jones Street, 249.91 feet to the West edge of the existing seawall; thence South o 26'25" West along the West edge of the This is being rerecorded to indicate that it was recorded subsequent to the easement. t:JLAK'ER ~K KARLEEN F. ItE.l.' n ...' . - --RECOf(n Vt::~{'.~EIE:I1_l'" .-- ----- KARLEEN F. DEBLAKER, CLERK RECORD VEliIFIED BY t ~ I -2- PINELLAS COUNTY FLA. OFF.REC.BK 7565 PG 965 I uF;lNE[l.~A~r -t~oUNfY -F"-U;-. .~f:~~t;:~~!~~B'i1-~.:-.:c~ ... existing seawall, 5.80 feet to the North edge of the existing seawall; thence North 89 23'35" west along the North edge of the existing seawall, 314.50 feet to the West edge of the existing seawall; thence along the West edge of the existing seawall, 296.78 feet along the arc of a curve to the right, radius 560 feet, chord bearing and distance South 30 23'36" West, 293.32 feet; thence South 19 13'07" West along the West edge of the existing seawall, 58.64 feet to the South line of said Government Lot 4 as extended West; thence South 89 28'06" East, 725.96 feet to the Point of Beginning; LESS AND EXCEPT the South 25 feet thereof heretofore conveyed for street purposes; and also LESS AND EXCEPT the Easterly 15 feet thereof conveyed for street purposes; The undersigned, as subordinating Party, shall have a lien inferior and subordinate to the easement in favor of City of Clearwater, Florida upon the above described real property, it being expressly understood and agreed that this subordination agreement shall in no way and to no extent affect the lien of the mortgage as to the remainder of the property described in and secured by the mortgage hereinabove described. ~J/~~ IN WITNESS WHEREOF, the undersigned hereto sets its seal this J2~ day of ~' 1990. /;J~. Mark Ingber .~ arl.e De Leonibus ~~~ad ~ ------- hand and Witness: " -3- PINELLAS COUNT~!LA. I . '7"" I::' '~'b <"166 , .. OF_~~~-~!C . B~____~)_{~_~I___~~------------ --- , FLA. PINEL.L.AS.. ~Ol:~Nl Y, "' . 4-8"t7 ~~~-:! b________ ..9Ff~_Fl____--- --:'-- ---- ....>J I STATE OF CALIFORNIA COUNTY OF LOS ANGELES The foregoing instrument was acknowledged before me this 24th day of June, 1990 by Mark Ingber and Gordon Bolstad, Trustees of the UNITED STATES PARISHIONERS TRUST, a trust created by that certain Declaration of Trust dated December OFFICIAL SEAL L YNNSOMMERVILLE Notary Public-Callfornla LOS ANGELES COUNTY :/<1 " I ~~ 16 , 1988. My Comm. Exp. April 17, 1992 Expires: STATE OF CALIFORNIA COUNTY OF LOS ANGELES The foregoing instrument was acknowledged before me this 24th day of June, 1990 by Marie De Leonibus, a Trustee of the UNITED STATES PARISHIONERS TRUST, a trust created by that certain Declaration of Trust OFFICIAL SEAL GLEN EDWARD sma NOTARY PUBUC . CAUFORNIA LOS ANGELES COUNTY My Comm. Expires May 15.1992 dated ~er 16, 1988. );~,cJ, G N TARY PUBLIC My Commission Expires: :=.- r-~-~-~..I .., I AFFIDAVIT OF NO LIENS I STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared CATHERINE ROSS PROBST. REPRE"ENTATIVB OF THE CHURCH OF SCIENTOLOGY FLAG SERVICE ORG.. INC.. A NON-PROFIT FLORIDA CO~ORATION , who, being first duly sworn, depose and say: 1. That it is the owner(s) of l~gal and equitable title to the following described property in Pinellas County, Florida, to wit: The South 25 feet of the following described tract: That part of Government Lot 4 of Section 9, Township 29 South, Range 15 East, and the lands west thereof in Pinellas County, Florida, described as follows: From the Southeast corner of said Government Lot 4 run West along the South line thereof 1721.99 feet to the Point of Beginning: run thence North 010 07' 20" East 315.80 feet to the South line of Jones Street, (a 40 foot street): thence North 890 34' 32" West along the South line of Jones Street: 249.91 feet to the West edge of the existing seawall; thence South 00 26' 25" West along the West edge of the existing seawall, 5.80 feet; thence North 890 23' 35" West along the North edge of the existing seawall, 314.50 feet to the West edge of the existing seawall; thence along the West edge of the existing seawall, 296.78 feet along the arc of a curve to the right, radius 560 feet: chord bearing and distance South 300 23' 36" West, 293.32 feet; thence South 190 13' 07" West along the West edge of the existing seawall, 58.64 feet to the South line of said Government Lot 4 as extended West; thence South 890 28' 06" East, 725.96 feet to the Point of Beginning; LESS and EXCEPT the South 25 feet thereof heretofore conveyed for street purposes; and also LESS and EXCEPT the Easterly 15 feet thereof conveyed for street purposes. 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 insert "none"): There has been no labor or mat~rials furnished on South 25 feet of the described tract; however, labor 1S being performed on the remaining portion of the tract. 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except (if none insert "none")1 Mortgage with US Parishioner's Trust 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 property for improvements thereto by any government, whether or not said assessments appear of record. 6. That there is no outst9nding sewer service c~arges or assessments payable to any government. 7. That the representations embraced herein are for the purpos~ of inducing CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. ~..,......N~~*L~ " 0= ~ J \.~V ^ J. .....;~./I . -4r---....... i , ',~.1 ., l..- '. -,WITNESS CHURCH OF SCIENTOLOGY FLAG SERVICE. ORG., INC. A NON-. ~"DA co:o CATHERINE ROSS ROB ITS SECRETARY swo:n~";Cland_'sUbscribed to before me this --.M day of &~.<..~{1t[i-.c:-/ A.D.', -_~'9lf ... .~ ~. "~., :~ '!' ,r~~ , NGt:try Public, Side of I";'.:-:':' c.,, My . Cb/ll?\~S ~ ton Expires: My C()n:L~,:;"~:' ,.. , J .;....." .,., / t-/ -01 /~()- Jf? ..... ..-. ,." ' I ~ ~ ~ .' ; .f . './ ---J I .~.-~ CB:S 30023'36''W CORD: 293.32' RADIUS: 560.0' ARC r 296.7B' I .AJI -.-- N.T. S. - III HOTE: This Is 1101 <r 0 Survey ptl ~ = III ptl -ptl N 0 17l CD z SOo26'2S"W 3:" 5.8' W PROPOSED DRAINAGE, 0:: UTILITY 8 SIDEWALK 0 EASEMENT - - 17l 17l <r N ~ = N ptl . <r ptl 25' 0 17l CD z POB~ NOt007'20" E 315.80' OSCEOLA AVE. 1/7/90 !\Q