ANNEXATION
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AGREEMENT
WHEREAS, ESTELL L. REAGAN and ESTHER L. REAGAN, a/k/a
ESTHER REAGAN, his wife, as owners, and LaMONTE-SHIMBERG COR-
PORATION, as contract purchaser, have requested the City of
Clearwater, a municipal corporation of the State of Florida to
annex the following described lands, to-wit:
That part of the SE 1/4 of the NW 1/4; AND that part
of the E 1/2 of the SW 1/4; AND that part of the NW 1/4
of the SE 1/4; lying South of the Seaboard Coastline
Railroad Right-of-Way all lying and being in Section 8,
Township 29 South, Range 16 East, Pinellas County,
Florida; LESS: The South SO feet of the SE 1/4 of the
SW 1/4 of Section 8, Township 29 South, Range 16 East;
ALSO LESS the North 466.76 feet of the South S16.77
feet of the East 466.76 feet of the SE 1/4 of the SW 1/4
of Section 8, Township 29 South, Range 16 East, Pinellas
County, Florida (TRACT I)
and have also requeS:ed that said property be zoned R-3(c); and
WHEREAS, ANTHONY S. BATTAGLIA, as Trustee and LaMONTE-
SHIMBERG CORPORATION, the pre s e n tow ner, have requested the
City of Clearwater, a municipal corporation of the State of
Florida, to annex the following described lands, to-wit:
Commence at the Northeast corner of the SE 1/4 of the
NW 1/4 of Section 8, Township 29 South, Range 16 East,
said corner being a concrete monument on the Southwest
corner of Virginia Groves Estates, as recorded in Plat
Book 36, Pages 68 and 69, of the Public Records of
Pinellas County, Florida, the Point of Beginning;
thence S. 89033'07" E., along the Southerly line of
Virginia Groves Estates, 13S6.09 feet, to a concrete
o
monument; thence S. 89 3S'40" E., 379.67 feet; thence
S. 00046'49"W., 1339.19 feet; thence N. 89037'S4" W.,
379.24 feet, to an iron pin; thence N. 89016' 20 "w. ,
1204.21 feet; thence N. 080S2'36"E., 112.12 feet; thence
N. 81007'24"W., 90.00 feet; thence N. 100SS'24"E.,
o
110.07 feet; thence N. 81 07'24"W., 132.02 feet; thence
S. 01026'27"W., 237.67 feet, to the Northerly right of
way line of the Seaboard Coast Line Railroad; thence
N. 8100S'39"W., along said Northerly right of way line,
603.44 feet; thence N. 01011'31"E., 1318.99 feet, to the
Southerly line of Virginia Groves Estates First Addi-
tion, as recorded in Plat Book 47, Pages 41 to 43,
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inclusive,of the Public Records of pinellas County,
Florida; thence S. 89040'17" E., along the said Southerly
line, 464.20 feet, to the Westerly right of way line of
Calamondin Lane; thence S. 01029'02" W., along said
Westerly right of way line, 74.14 feet; thence S. 890
37' 58" E., 159.98 feet, to the Southeasterly corner of said
Virginia Groves Estates First Addition; thence S. 010
46'10" W., 15.22 feet, to the Point of Beginning, and
containing 71~829 acres, more or less. (TRACT II)
and further requested that said property be zoned R-l(d); and
WHEREAS, the Planning and Zoning Board of the City of Clear-
water did recommend such annexation and zoning pursuant to notice
and public hearing, subject to certain conditions hereafter set
out; and
WHEREAS, the City Commission of the City of Clearwater did
thereafter favorably consider both matters on the 19th day of
July, 1971, at a public hearing, and by motion unanimously passed,
did instruct the City Attorney to prepare an appropriate Annexation
Ordinance for all of the above described property; and further, that
such Ordinance grant the requested zoning, provided an Agreement
could be reached with the Owners and/or LaMONTE-SHIMBERG CORPORATION,
with respect to limitation on residential density, road connections
and rights-of-way, paving for Drew Street, railroad crossings, 9
acre City Park South of railroad tract and acreage for City Park North
of Railroad tract and adjacent to City owned parcel, bounded by Apple-
Fairwood A venue
wood Drive/and Park Trail Lane noted on plan dated June 3, 1971, and
availability of City gas.
NOW THEREFORE, in consideration of the premises, as well as
other good and valuable considerations, the undersigned parties,
as their interests appear, but subject to the limitations here-
after set forth, do hereby agree as follows, to-wit:
1. The City Commission of the City of Clearwater shall
promptly adopt an Ordinance annexing and zoning the above described
property referred to as TRACT I to R-3 (c) and as to TRACT II
thereof to R-l (d) subject to the Owners duly executing a record-
able formal Restriction on said TRACT I and TRACT II limiting the
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residential density thereof to not more than an average of 10
units per acre, gross, (including rights-of-way) or 11 units, per
acre, net, (exclusive of rights-of-way) computed on the basis of
plus or minus
combining the acreage ~n both said tracts (190 acres)/or a maximum
of 1650 residential units to be ultimately constructed on TRACT I
less the number of single family residences constructed under R-l (d)
zoning as to TRACT II.
2. LaMONTE-SHIMBERG CORPORATION shall pay its proportionate
share, not to exceed $15,000.00, for the paving of a two-lane
through-traffic artery, extended East from U. S. Highway No. 19
to Bay Shore Boulevard on Tampa Bay or such part thereof as the
City shall elect to construct, commencing at the terminus of
Drew Street at U. S. Highway No. 19, extended East adjacent and
contiguous to the North boundary of the right-of-way heretofore
taken from the above described property; moreover, that the LaMONTE-
SHIMBERG CORPORATION portion of such paving contemplated by the
City of Clearwater shall not exceed the above total; provided
further, in no event shall said funds become due and payable at
any earlier date than
30
days prior to the actual commencement
of paving the same by the City or its agents; and, provided finally,
that the aforesaid pav~ng obligation to the City shall not be or
constitute a lien against any of the lands described in the premises.
3. The undersigned Owners have concurrently executed and
delivered to the City of Clearwater the Restrictive Covenant
referred to in Paragraph #1 above, a copy thereof being hereto
attached as Exhibit "A" and made a part hereof by reference.
4. That LaMONTE-SHIMBERG CORPORATION and/or the Owners shown
herein shall, upon request of the City, execute appropriate deeds
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for rights-of-way (or otherwise dedicate the same by plat) through
the subject property so as to connect North-South and East-West
through traffic with the existing municipal and/or other public
rights-of-way; and as their interests shall appear, they shall
also deed a 50 foot right-of-way North of, parallel to, adjacent
and contiguous with the existing railroad right-of-way for additional
right-of-way through the development contemplated by LaMONTE-
SHIMBERG CORPORATION.
5. The City of Clearwater, at no expense to LaMONTE-SHIMBERG
CORPORATION, will obtain installation and cause to be provided
adequate traffic controls for all subdivision streets hereafter
installed on TRACTS I and II by LaMONTE-SHIMBERG CORPORATION
where same intersect and cross the existing railroad rights-of-way;
provided however, LaMONTE-SHIMBERG CORPORATION shall pave such
rights-of-way to and across such railroad crossings at its expense.
6. LaMONTE-SHIMBERG CORPORATION shall make available through
appropriate arrangements with the City of Clearwater natural gas
to serve customers in its proposed development who may prefer or
desire such servicesp in accordance with attached letters of intent executed by
the aforesaid corporation, which are attached hereto, made a part hereof by reference.
7. LaMONTE-SHIMBERG CORPORATION shall convey to the City of
Clearwater, at no expense to the City, not less than 9
Soutblof the railroad and.ap~roximatelY 2~1/2 acres
ral roaQ, as set torth ln reml es
land/for publlC use as a Clty pa k, t~e exact location
acres of
North of the
of said
land being in the vacinity of the Eisenhower School property or
such other place as may be mutually agreed between the City and
LaMONTE SHIMBERG-CORPORATION.
DATED at Clearwater, pinellas County, Florida this
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day of August A. D., 1971.
Signed, sealed and delivered
in the presence of:
(SEAL)
( SEAL)
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Witnesses as to LaMonte-
Shimberg Corporation
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LaMONTE-SHIMBERG CORPORATION
BY: CLtr F~J/.
CORPORATE SEAL
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THE FOREGOING PUBLIC BENEFITS AND
GIFTS APPROVED AND ACCEPTED:
BY
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Witnesses as to City
Approved as to form and
correctness:
~/~-
lty Attorney
CITY OF CLEARWATER,
CLEARWAT FLORIDA
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ATTEST:
JJel'~t~
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Ci ty CleJ;:)<
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(CITY SEAL AFFIXED)
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LaMonte.Shimberg Corporation
7345 Jackson Springs Road, Tampa, Florida 33614 . (813) 884-1481
July 21, 1971
Mr. M. Morgan
City of Clearwater Gas Department
Clearwater, Florida
Dear Mr. Morgan:
Thank you for your presentation explaining the advantages
of the use of natural gas for our future projects.
We would like to confirm that we intend to use natural gas
in our proposed subdivision of approximately 300 single
family homes adjacent to and south of Virginia Grove Estates.
Although the extent of this usage in each home will not be
finalized until firm construction costs are determined,
the probable alternatives are listed below:
1. a)
b)
c)
2. a)
b)
c)
Gas hot water heaters in all homes.
Gas heating in 3 bedroom homes.
(approximately 60-65% of project)
Gas or electric ranges in all homes.
Gas hot water heaters in all homes.
Gas heating in all homes.
Gas or electric ranges in~all homes.
It is also our intention to use natural gas in the development
of the balance of our property. The extent has not been
determined as yet and must be based on economics, but it seems
that alternate No.2 above is most likely.
We hope this may be of assistance in your projections for
the future. If you should need any additional information
please do not hesitate to call.
Very truly yours,
LaMONTE-SHIMBERG CORPORATION
t~v~
--Frank D. Vasti
Contract Administrator
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A Wholly Owned Subsidiary of~MGIC Investment Corporation
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RESTRICTIOi',:::;
VJHJ':J~E:l\~:3, the u nders igned are the own:; rs of rc~corc1, respec-..
tively, of the following described property, to-wit:
TRACT I
1~at part of the SE 1/4 of the NW 1/4; AND THAT part
of the E 1/2 of the S\-'I 1/4; AND that part of the N'\\T 1/4
of the SE 1/4; lying South of the Seaboard Coastline
RE.l=L1Lc)ad l~igTlt..of-,\'~I(-;lY. all l~'in.g 3.1'1c1 beill(J i.n. Sectic>n f3,
'rownship 29 South, T<ange 16 Bast., Pinellas County,
Florida; LESS: The South 50 feet of the SE 1/4 of the
SW 1/4 of Section 8, Township 29 South, Range 16 East;
ALSO LESS the North 466.76 feet of the South 516.77
feet of the East 466.76 feet of the SE 1/4 of the SW 1/4
of Section 8, rrownship 29 South, Range 16 East, pinellas
County, Florida
same being owned by ESTELL L. REAGAN and ESTHER L. REAGl\N, a/k/a
ESTHEl~ REAGAN, his '..-1ife; and
TRACf I I
Commence at the Northeast corner of the SE1/4 of the
m~ 1/4 of Section 8, Township 29 South, Range 16 East,
said corner being a concrete monument on the Southwest
corner of Virginia Groves Estates, as recorded in;plat
Book 36, Pages 68 and (,9, of t118 Public Records of
pinellas County, Florida, the Point of Beginning;
thence S. 89033'07" E., along the Southerly line of
Virginia Groves Estates, 1356.09 feet, to a concrete
monument; thence S. 89035'40" E., 379.67 feet; thence
S. 00046'49"W., 1339.19 feet; thence N. 89037'54" W.,
379.24 feet, to an iron pin; thence N. 89016'20"W.,
1204.21 feet; thence N. 08052'36"E., 112.12 feet; thence
N. 81007'24"W., 90.00 feet; thence N. 10055'24"E.,
110.07 feet; thence N. 81007'24"W., 132.02 feet; thence
S. 01026'27''W., 237.67 feet, to the Northerly right of
way line of the Seaboard Coast Line Railroad; thence
N. 81005'39"W., alonq said Northerly right of way line,
603.44 feet; thence N. 01011'31"E., 1318.99 feet, to the
Southerly line of Virginia Groves Estates First Addi-
tion, as recorded in plat Book 47, Pages 41 to 43,
inclusive, of the Public Records of pinellas County,
Florida; thence S. 89040' 17" E., a long the said Sou the rly
line, 464.20 feet, to the Westerly right of way line of
Calamocldin Lane; thence S. 01029'02"W., alonq said
o
Westerly right of way line, 74.14 feet; thence S. 89
37' 58" E., 159.98 feet, to the Southea.sterly corner of said
Virginia Groves Estates First Addition; thence S. 010
46' 10 "V~., 15.22 feet, to the Point of Beginning, and
containing 71.829 acres, more or less.
same being owned by LaMONTE-SHIMBEl~G CORPORATION, a Florida
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cor["01:atioll; and
I'vliETZEl\[:.>, tIle LHj(j(~rsigne(1 c}cE,irc, as their interests appe':lr,
to place certClin restrictions upon said T'raC1::,8 I Clnd II, which
shall be covenants running with the land for the protection of
themselves, persons and corporatj.ons purchasing said property
from tl12m, or their assigns and the ci ty of Clean-va tel~, Florida,
a municipal corporation;
NOW THEREFOH,E, KNm^iT ALL MEN BY 'rI{ESE PI~ESEN'rS, that in
consideration of the foregoing premises and other good and valuable
considerations between the parties, the receipt and sufficiency
thereof being acknowledged, the undersigned, ESTELL L. REAGAN
and ESTHER L. REAGAN, a/k/a ESTHEE REAGAN, his wife, and LaMONTE-
SHIMBERG CORPORATION, as respective owners of the aforesaid
Tracts I and II, same being real property situated in Pinellas
County, Florida, do hereby jointly and severally, as their interests
appear, adopt and promulgate the restrictive covenants hereinafter
set forth, restricting and limiting the residential density as
to Tract I and Tract II described above, as follows:
1. These restrictions and limitations are to be regarded
as covenants running with the land, regardless of whether they
are specifically mentioned in any deeds or conveyances subsequently
executed by either of the parties as to their respective Tracts.
2. The residential density of Tracts I and II described
abov~ is hereby limited to not more than an average of 10 units
per acre, gross, including rights-of-way; or 11 units per acre, net,
exclusive of rights-of-way, computed on the basis of combining the
plus or minus
acreage in both said Tracts (190 acresVor a maximum of 1650 re-
sidential units to be ultimately constructed on Tract I less the
number of single family residences constructed under R-l (d) zoning
as to 'l'ract II.
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3. '1'1-1C[;C COTJCn~lnt[; and rcsLrict.iolL: [:}1(Clll be binding upon
all I)dltiC:'s and all persons claiming under them, und no exception,
variation or termination of these restrictions shall be authorized
or effective without the prior written consent of the City of
Clearwater, modifying or vacating the same pursuant to a duly
adverUE3cd public hearing of the Ci ty COlamission pucmant to a
favorable vote of not less than a Hlajori ty .of the Commissioners
In session duly and regularly assenililed for said purpose.
IN WITNESS WHEREOF, the undersigned owners have caused these
presents to be executed as the same pertains to or may be rela ted
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to their respective Tracts, this -ft?day of August A. D. I 1971.
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( SEAL)
Witnesses as/to Reagans
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Estell L. Reagan
f2~1IMi>/)~ (SEAL)
sther L.- Re~g~.kf:-jJ,
Esther Reagan, his wi~
LaMONTE-SHI~IDERG CORPORATION
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BY:
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ATTEST:
President
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." ".J. 1/)0'; .." '<">n (SEAL)
Secretary
Witnesses as to LaMonte-
Shimberg Corporation
,
CORPORATE SEAL
STA TE OF FLORIDA
COUNTY OF PINELLAS
I hereby certify that on this pfti day of August, 1971
before me personally came Estell L. Reagan and Esther L. Reagan,
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his wifn, to me known to be the individuals described in and W110
executed the foregoing document and acknowledged before me that
they executed the same for the purposes therein expressed.
WIT~~SS my hand and official seal at Clearwater, said County
and State, on the day and year above written.
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Notary Public
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My Commission Expires:
STATE OF FLORIDA
COUWEY OF PINELLAS
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I hereby certify that on this
day of August A. D.
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1971/ before me personally appeared
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President and Secretary respectively
of LaMONTE-SHI~ffiERG CORPORATION, a corporation under the laws of
the State of Florida, to me known to be the persons described in
and who executed the foregoing document and severally acknowledged
the execution thereof to be their free act and deed as such officers,
for the uses and purposes therein mentioned; and that they affixed
thereto the official seal of said corporation, and the said instru-
ment is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the
County of pinellas and State of Florida, the day and year last
aforesaid.
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Notary Public
My Commi ssi on Expires:
PI mly rubne Stato (')f norlda lit tarr,a
#y-Commlssion Expires Au/!.. 17, 1914
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