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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 ?'+?? ??° Bonded Thin Budget Notary Servkes 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