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CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INCReturn to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 RE: Parcel No. 01-29-15-16488-000-0080 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2008292677 10/29/2008 at 10:41 AM OFF REC BK: 16414 PG: 816.818 DocType:EAS RECORDING: $27.00 11 SIDEWALK 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: The West 20 feet of the followinsa described parcel: Lot 8, CLEARWATER INDUSTRIAL PARK, according to the map or plat thereof as recorded in Plat Book 44, Page 46 of the public records of Pinellas County, Florida, the same being 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 a public sidewalk. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to maintain thereon a public sidewalk, 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 public sidewalk. 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, U:\Easements\CHURCH OF SCIENTOLOGY FSO SW EAS. 10037.doc expenses, losses, suits and actions, including attorney's fees resulting from the installation, operation, maintenance, repair, use, replacement or removal of GRANTEE'S public sidewalk 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 Area 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 14-? day of 573?? ??, „n 200_&. Signed, in the p Print Witness WITNES gna ur Print Witness Name STATE OF FLORIDA COUNTY OF PINELLAS : ss By: The foregoing instrument was acknowledged before me this -1±? day of LS)3o ut,,3&a , 2005 by 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 exe ution thereof to be her free act and deed for the uses and purposes therein expressed, and who [ is personally known to me, or [ ] who produced as identification. Notary Public - State of Florida Type/Print Name L-"? My Commission Expires: GLEN E. STILO MY COMMISSION # DD761165 EXPIRES: February 21, 2012 14W3-NOTARY Fl. Notary Discount Anne, Co. C:\Users\lluser\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\Y4KV5I07\CHURCH OF_SCIENTOLOGY FSO_SW EAS._10037[l].doc CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not-for-profit corporation Scale 7 "=200' EXHIBIT $$A" Thus is not a survey NoFrm La SUNNYDALE BLVD d ti 7 34/45 34/8,4 W_ CALUMET STR ET 2f?' SNOW971k ? > ? Easem?n t $ s U.P.S. 34 34f= CALUMET STREET W J W LU _ 34/32 2U 16 34/33 43/D„ C[TT OF CLFAUWAII-R. FLORIDA hNOPINWING ULPARTWO7 LECAL 5lfER7H 0, IONS ULM-E9 of=N 20' 5OEWALK EAMWE I EPMER FLWG E?1r. CAWhEr , IT l WN ea4wrw 'gIGy- 1-231HE M-6 P A C:\Users\lluser\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\Y4KV5I07\CHURCH OF_SCIENTOLOGY FSO_SW EAS._10037[l].doc y STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT OF NO LIENS : ss 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: Lot 8, CLEARWATER INDUSTRIAL PARK, according to the map or plat thereof as recorded in Plat Book 44, Page 46, public records of 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, 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. C:\Users\lluser\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\Y4KV5I07\CHURCH_OF_SCIENTOLOGY FSO_SW_EAS._10037[1].doc 7. That the rep ,49entations embra ed herein are for the purpose of inducing the CITY OF CLEARWATE FLORIDA 'ts age successors and assigns to rely thereon. CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., IT S i r& re a Florida not-for-profit corporation ITNES ?J ame By: Mary haw, resi en WITN i a ure WITNESS Printed Name Sworn to and sub d to before me this 6471" day of SFr777,200k. 4Notary Public - ate of Florida es ,qf 2 o. P rint/Type Name C:\Users\lluser\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\Y4KV5I07\CHURCH OF_SCIENTOLOGY FSO_SW EAS._10037[l].doc