RESTRICTED USE OF PROPERTY
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AGREEMENT
THIS AGREEMENT is made and entered into thiS~ay of _fY\oA~ ,2004,
by and between Community Redevelopment Agency of the City of Clearwater ("CRA"), located
at P.O. Box 4748, Clearwater, Florida 33758-4748, and the City of Clearwater, a municipal
corporation of the State of Florida, located at P.O. Box 4748, Clearwater, Florida 33758-4748
("CITY"), collectively (the "PARTIES");
WHEREAS, the CRA is the owner of that certain real property as described in Exhibit
"A", ("CRA Property") attached hereto and made a part hereof;
WHEREAS, CITY is the owner of that certain real property as described in Exhibit "B",
("CITY Property") attached hereto and made a part hereof;
WHEREAS, the CRA and CITY agree that placing certain land use restrictions on the
CITY Property, will accommodate and allow for the required permitting and approval of the
intended development of the CRA Property; and
WHEREAS, the CITY, on behalf of its citizens; encourages and shall benefit from such
development;
THEREFORE, for and in consideration of the mutual covenants herein contained
together with other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the PARTIES agree as follows:
1. It is distinctly understood and agreed to by the PARTIES hereto that the CITY
Property shall not be used for the development or building of any habitable structure, and more
specifically, that the east 30' of CITY Property shall be designated as a zone that limits
construction so as to provide for the applicable code compliance standards required for the
building neighboring on the east (CRA Property) with respect to Table 600 and horizontal
separations, (as provided for in the 2001 Florida Building Code). This restriction shall not be
changed without the approval of the Building Official of the City of Clearwater.
2. That this Agreement shall be recorded in the Public records of Pinellas County,
Florida, to serve as record notice to successors in interest of the restriction on said property.
3. It is agreed that this document contains the entire agreement between the
parties as to the matter herein contained, and the Agreement shall not be modified except by
an amendment in writing signed by all parties hereto.
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Signatories: Agreement for Restricted Land Use
Fr: City of Clearwater, Florida
To: Community Redevelopment Agency
RE: Station Square Park parcels
Countersigned:
CITY OF CLEARWATER, FLORIDA
.14,..""fAJ,-Jr
Attest:
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, Mayor-Commissioner of the
City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof
to be his free act and deed for the use and purposes herein se~ who is personally known to me.
W ESS my hand and offici I ~ I this :3 day of F-'lbrl:lBry 2004.
My Commission Expires:
{L{(soJ
.i'i,\~~V'rU"", Denise A Wilson
.,:rK~:~ MY COMMISSION # CC914107. EXPIRES
._,~..,_ June 18,2004
"Z~,9f.;r...~'" BONDEDTHRU TROV FAIN INSURANCtlNC
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the
City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof
to be his free act and deed for the use and purposes herein set~ who Is personally known to me.
ESS my hand and official se I this 3 day 0 2004.
My Commission Expires:
,"""I, Denise A. Wilson
,4A!'l",.rv.tf~ MYCOMMISSlON# CC914107 EXPIRES
~*::~ June 1 B, 2004
':.':1;~.......gl BONDEDTHRUT~OY fAIN INSUR"'t<C~ lMe.
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Station Sauare Parkina Lot Parcel
Leaal Description
Lots 4,5,6,7,8,9, and 10 of Block 19, Gould and Ewings 2nd Addition to Clearwater
Harbor, Florida, as recorded in Plat Book 1, Page 52, public records of Hillsborough
County, Florida, of which Pinellas County was formerly a part.
Exhibit A
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CERTIFIED TO: BECK DE\lELOPMENT
EAGLECONSU LTANTS
INC.
CONSULTING ENGINEERS . PLANNERS . SURVEYORS
8514 OLD COUNTY ROAD 54
NEW PORT RICHEY, FLORIDA 34653
OFFICE (727) 375-1101 FAX (727) 375-1116
CERTIFICATE OF AUTHORIZATION L.B. NO. 7240
JOB No. D3D133LGL. 2
SEC, 16, TWP. 29 S" RGE. 15 E.
PINELLAS COUNTY. FLORIDA
N
Eel
SOUTH LINE .oF LCT 2, CLEARWATER TCWER,
PLAT BOOK 1.04. PAGES 8' AND 827
N 88"30'40"/ E
24.19
SCALE: I" = 3D'
LEGAL DESCRIPTION'
THAT PORTION OF UNPLATTED LAND LOCATED IN SECTION 16. TOWNSHIP 29 SCUTH. RANc;E
IS EAST. PINELLAS COUNTY. FLCRIDA. BEING MORE PARTICULARLY DESCRIBED AS roLLCWS,
BEGIN AT THE SCUTHWEST CCRNER .oF LOT B. BLCCK 19. GCULD AND EWING'S 2ND ADDITION
TO CLEARWATER HARBCR. FLCRIDA. AS RECCRDED IN PLAT BCOK 1. PAGE 52. .oF THE
PUBLIC RECCRDS .oF HILLSBCRCUGH CCUNTY. FLCRIDA. .oF WHICH PlNELLAS CCUNTY WAS
roRMERL Y A PART, THENCE SCUTH SB' 47' .os' WEST ALCNG THE WESTERLY EXTENSION llF
THE SCUTH LINE .oF SAID BLCCK 19. SAME LINE BEING THE NCRTHERLY RIGHT .oF WAY LINE
.oF CLEVELAND STREET <A 8.0.0.0 FCOT RIGHT OF WAY>. 9.22 FEET, THENCE NCRTH .01' 12'
52' WEST 197.74 FEET T[) THE SCUTH LINE .oF LOT 2. CLEARWATER TOWER. AS RECCRDED
IN PLAT BOCK 104, PAGES al AND a2 OF THE PUBLIC RECCRDS .oF P1NELLAS CCUNTY,
FLCRIDA, THENCE ALCNG SAID SCUTH LINE NCRTH sa' 30' 40' EAST. 24.19 FEET TO THE
WESTERLY LINE OF LOT 7. BLCCK 19, GOULD AND EWING'S 2ND ADDITION TO CLEARWATER
HARBCR. FLORIDA, THENCE SCUTH 03' 06' 40' WEST. ALCNG THE WEST LINE OF SAID
BLCCK 19, 19S.42 FEET TO THE POINT .oF BEGINNING.
CONTAINING 33.04 SQUARE "EET MCRE .oR LESS
CLCSURE O. co GDW
F.I.R.
S.I.R.
F.I.P.
F.N.o.
S.N.D.
F.C.M.
F.R.M.
P.C.P.
P.I.
P.C
P.o,g,
R/W
TYP.
pp
O.R.
P.S.M
____ WESTERLY LINE OF LCT 7. aLCCK 19
____ GOULO ANO EWING'S 2NO ACOITICN
TC CLEARWATER HARBCR. FLCRIDA
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WESTERLY EXTENSION or THE
SOUTH LINE OF BLOCK 19, AND
THE NORTH RIGHT OF WAY LINE
.oF CLEIof:LAND STREET
SOUTHWEST CCRNER OF LCT 8,
BLOCK 19, GOULD AND EWING'S
2ND ADDITION TC CLEARWATER
HARBOR
S 88.47'08" W
9.22
BASIS .oF BEARINGS: N. R/W LINE .oF CLEVELAND ST. BEING S B8'47'.o8" W (PER PLAT BCOK 1.04, PAGES Bl & 82).
ABBREVIATION LEGEND:
'" FOUND IRON ROD (SIZE INDICATED)
'" SET IRON ROD 1 /2" LB 7240
'" FOUND IROt4 PIPE (SIZE INDICA TED)
'" FOUND NAIL & DISK
'" SET NAIL &: DISK LB 7240
'" FOUND CONCRETE MONUMENT
'" PERMANENT REFERENCE MONUMENT
.. PERMANENT CONTROL POINT
'" POINT Of INTERSEcnON
'" POINT OF CURVE
'" POINT OF BEGINNING
z;' RIGHT-OF-WAY
'" TYPICAL
= POWER POLE
.. OFFICIAL RECORDS
'" PROFESSIONAL SUR\Jf:YOR &: MAPPER
SEC. = SECTION
TW? == TOWNSHIP
RGE "" RANGE
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(M) = MEASURED
(CF\ = CALCUL~ TED
( "" FIELD
(R = RAOIAL
PB. "" PLAT. BOOK
PG. "" PAGE
CONe. "" CONCRETE
cov. "" COVERED
ASPH, "" ASPHALT
PVMl '" PAVEMENT
(LEV. "" ELEVATION
CERTIFIED AS A SKETCH & LEGAL DESCRIPTION
UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS
DRAWING, SI(ETCH, PLAT OR MAP IS FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT VALID.
/'] '7 /7
,ktf(ll~
1/28/04
DATE:
EDWARD C. ELLIOTT, P.S.M. # 3983
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EXHIBIT
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