PARKLAND DEDICATION TRACT 90 - BILGORE - WINNER TRACTS
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)bARK DEDICATION AGREEMENT
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~S AGREEMENT is made and entered into as of this IV day of
't.-J , 1980, by and between U.S. Home Corporation, a Delaware
corporation ("U.S. Home") and the City of Clearwater, a Florida municipal
corporation (the "City").
WHEREAS, U.S. Home is the owner of certain land in Pinellas County, Florida,
comprising approximately 83 acres more particularly described on attached ExhilJit
A ("Tract 90"), which it intends to develop in multiple phases as a residential
subdivision having approximately 267 lots; and
WHEREAS, the City is willing to approve U.S. Home's overall development plan
for Tract 90, and specifically the platting of Tract 90, Phase I, provided pro~
vision is made by U.S. Home for the dedication and improvement of a park site
within Tract 90;
NOW, THEREFORE, in consideration of the above premises, the mutual promises
of the parties hereafter set forth, and other valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto do mutually
agree as follows:
1. U.S. Home agrees to dedicate to the City, and the City, upon such dedi-
cation, agrees to accept and maintain, the property described on attached Exhibit
B as a park site (the "Park Site"). It is understood and agreed by the parties
that the actual legal description of the Park Site may vary from that given on
Exhibit B due to engineering modifications required for the development or platting
of Tract 90 land adjoining the Park Site. However, land to be dedicated shall con-
tain not less than 4.9 acres unless terms of this contract are renegotiated.
...>( 2. U.S, Home agrees that within thirty (30) months from the date of this
Agreement, or prior to the last permit to be provided to the project by the City,
whichever event occurs first, it will both dedicate the Park Site to the City and
complete or furnish, as appropriate, the improvements required by Paragraph 3
below.
3. The improvements to be made or furnished to the Park Site by U.S. Home
shall be those which are shown on the Park Site Plan to be prepared by U.S. Home
and approved by the City. Such Park Site Plan shall consist of improvements
designed to fit this site including: (a) two (2) unlighted tennis courts con-
structed in accordance with the attached minimum specifications; (b) a parking lot
with eight (8) parking spaces constructed in accordance with the attached minimum
specifications; and (c) playground equipment, picnic tables, grills, trash recep-
tacles, landscaping, earth trail, berm and retention pond improvements. The value
of the improvements described in (c) above shall have an aggregate value of
$25,000.00 if provided on or before September 30, 1981, an aggregate value of
$27,250.00 if provided after September 30, 1981 and before September 30, 1982, and
an aggregate value of $29,702.00 if provided after September 30, 1982.
4. The dedication of the Park Site and constrlUction of Park Site improve-
ments by U.S. Home pursuant to this Agreement shall be without payment to U.S. Home
by the City. It is agreed by the parties, however, that the dedication and pro-
vision of improvements will satisfy all park land requirements of the City for
Tract 90, without regard to whether developed in one or more phases or pursuant
to one or more subdivision plats.
5. The City acknowledges and agrees that U.S. Home shall have the right to
use the existing ground depression on the Park Site as a site for storm water re-
tention, and to make such improvements to the Park Site and retention area necess-
ary to provide adequate drainage facilities and structures for Tract 90 as approved
in advance by the Public Works and Parks & Recreation Departments of the City of
Clearwater. U.S. Home shall have the further right to reserve easements for such
purpose in its deed conveying the Park Site to the City or otherwise designate
drainage easements for public purposes.
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6. This instrument shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the undersigned parties have executed this
Agreement by their duly authorized representatives as of the day and year
,first above written.
Signed, sealed and delivered
in the presence of:
"u.S. Home"
U. S. HOME CORPORATION.."
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LEGAL DESCRIPTION- PHASES I a -2 ---=-'/ R
(Total PrOject Area) ~ It (!.. T '10
T.o lIact~ ~f land lying in Se<tiDn 17, Towns~ip ,8 So~~,
R.U9-tc 16 Ent, (ele.Nater). Pinel1as County, F1oridl.tnd 0 R 5 1 i) 3 PAGE
being more particularly described IS fo11ows~ ' , .!...
IIINNER TRJoCT
44
81lGORE TRACT
A tract of land lyinC),;1t tfIe Slll/.of"s.cUan 11. TownShip 2a
Sollt~, Range 16 Ent, Plne11n CouRt)'. ".ri9. being the E
1/2 of the HW 1/4 of the SW 1~4, and the W 1/' of the NE II.
of the $V 1/4, lesa the II 10 feet thereof. aRC the W 1/2 of
the Nil 1/4 of the SE 1/4 of the SW 1/4, Ind the E 1/1 of the
$V 1/4 of the 51i llZ. Ind the S 15 feet of tile S 1/2 of the
$V 1/4 of the SW 1/4, leu County R~d Right-of.W.y and .,re
:loIrticul&"y desc:ritled as follows: !EGIN at tile $V carner of
said Section 17: thence" 0.23'00" II along the w.st line of
said Section 17. far lS.00 feet; thence S 89.54'54" ~, for
667.56 feet; thence N 0'2S'17" II, for 2654,73 feet: thence
S 89'48'3," E, for 520.44 feet, to I point on the southerly
r'9~t-of-way line of State Iload 586 (Curl.. R~~ thence
\out~e.sterly along said right-of-way line and the arc of I
curve that is conClve to the northeast haYing I radlus of
1~9.S6 feet and a central angle of 13'47'OS', for 473.93 feet;
t~ence S 0'Z8'44' E, for lZ74.01 feet; thence S 89'Sl'43" E,
tor 10.00 feet; thence S 0'Z8'44' E, for 666.98 feet; t~ence
~ 89'53'19' II, for 333.56 feet; thence S 0'Z7'35' E, for 667.13
f~et; thence ~ 89'S4'S4' II along the South line of said Section
~1, for 133S.14 feet, .to the POINT Of BEGINNING, and containing
55.66 .cres.
The E 3'4 of the ME 1'C of the SiI 1/' of Section 17, To..-,sMp 28
SouUl, Range 16 E.st. ANO the E 10 het of the V llC of the liE
. 11. of the SE 11' of Section 17. To~ship 28 Sovth, Range 16 East.
LESS AHO EXCEPT approxilll&uly Z.4 Icres in the NW corner of the
. . described property consisting of 239 feet frentage on Curlew R~d
and being 440 feet deep (said eJCeptian being.more PArticwllrly
described as follows: COW.[HC[ at the. Center of said Section 17.
thPnce S O'32'lZ. E along the tlst line of the NE 1/4 of the SW
1'4 of uid Sectio/t 17, far SO.OO feet; t~l!ftce If 89-48' 32- Ii
along the southerly right-of_y11ne of State Raad S86, for
_ 769.73 feet, to the POIKT OF BEGINNING. t~ence continue N 890&8'3Z.
II along said line, for 12S.47 feet; thence S 0"11'Z8" .. for 10.00
feet: thence N 89'48'3Z' W, for 99.92 feet. to a pOint of Cllrvatyre
of I cur.... that is concave to the Northeast: thence along the a",
of said curve haYing a radius of 1969.86 feet and a central angl.
of 0"Z3'35",. far 13.52 feet: thence, lelYing said right-of-way linl!,
S 0'28'44' W, for 430.08 feet. thence S 89"48'3Z' E, for 239.02 I
feet; thence N 0'Z8'44" W, for 440.03 feet, to t~e POINT OF BEGINNING.
a/td containing Z.J88 acres) AHO ALSO LESS County Road Right-of.Way,
being mere particularly described as follows; C~ENCE at the Center
of said Section 17. thence S 0'32'1Z' E along the East l1ne of the
NE 1'4 of the SII 1'4, for 50.00 feet, to the POINT OF eEGINNI~G:
thence continue S O'32'lZ" E alon9 said East line. for lZ83.OC feet:
t~ence N e9"Sl '43" II along t~e South line of said NE 1/' of the SW
1/4, for 1010.02 feet; thence" o-ZS'44' ii, for SA3 93 feet. thenc
S 89'48'32" E, for 239.0Z feet; t~ence N 0'28'44. iI' for 440.03 fe:t.
t~ence S 89'48'3Z'E along the southerly right-of-w~y line of SU'e '
Road 586, for 769.73 feet, to the POINT Of 8EGINNl1IG. and conuininq
Z7.J3 acres.
EXHIBIT A
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EXHIBIT B
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A tract of land lying in the Southwest 1/4 of Section 17, Township 28 South,
Range 16 East, Clearwater, Pinellas County, Florida, being more particularly
described as follows:
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Commence at the Northeast corner of the Southwest 1/4 of said Section 17;
thence S 00032112" E. for 50.00 feet, to the southerly right-of-way line of
Curlew Road (State Road 586); thence N 89048132" W along said right-of-way
1 i ne, for 895.20 feet; thence S 00011' 2811 W, for 10.00 feet; thence
N 89048132" W, for 99.92 feet. to the point of curvature of a curve concave to
the North; thence westerly along the arc of sai d curve havi ng a radi us of
. 1969.86 feet and a central angl e of 0023' 35", for 13.52 feet, to the POINT OF
BEGINNING; thence S 00028144" E, for 430.08 feet; thence S 8904813211 E. for
64.91 feet; thence S 00008'1]'1 E, for 163.82 feet; thence N 89051'4311 W. for
322.43 feet; thence N 56015' OOIlW. for 120.00 feet; thence N 00025'17" W. for
150.00 feet; thence S 8903414311 W, for 100.00 feet; thence N 00025'1711 W. for
20.00 feet; thence N 8903414311 E, for 89. 74 feet; thence N 12015 133" E>> for
383.56 feet. to a point on the southerly right-of-way line of said Curlew Road
(State Road 586). said point being on the arc of a curve concave to the North-
east; thence easterly along sai d ri ght-of-way 1 i ne and said curve havi ng a
radi us of 1969..86 feet and a central angl e of 8015' 5811 ~ for 284.19 feet. to
the POINT OF BEGINNING, and containing 4.90 acres. more or less.
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CI~'Y OF CLEARWATER
Interdepartment Correspondence Sheet
FROM:
Ream Wilson, Director, Parks & Recreation Department
TO: Sue Lamkin, Assistant City Clerk
COPIES:
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SUBJECT: Countryside Tract 90
DATE:
December 1, 1980
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Attached, as per your request, are extra copies of the parking
lot and tennis specifications for the above subject development
Also attached is a copy of the legal descriptions which were
forwarded to me by U. S. Homes. However, I am not sure that the
legals are any better than the ones you already have.
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Please advise if further information is desired.
RW:fp
Attachs.
RECEIVED
DEe ? 1980
CITY Cl.EJuc
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LEGAL DESCRIPTION'- PHASES I 52 ,/';'
(Total PrOJect Area) ~ (R IJ c... 'T q ~
Two t1ctS of land lying in SectiOn 17. Townshi~ 2S South.
Range~6 E.st. (Clearwate~). Pinel1asCounty, Florida. ~d
being ~~. particularly described as foll~;
WINNER TR.AtT
BllGORE TRACT
The E,3/4 of the ME 1/4 of the SV 1/' of Section 17. T~shlp 2S
South. Range 16 [.Ast. AND the E 10 feet: of the \I 114 of the NE
_ 1/. of the SE 1/' of Section 17. Township 2S South. .ange 16 East;
lESS AHO EXCEPT .p~roxi...uly Z.t .cns in the llW co""r of the
. . described property consisting of 239 fret fronuge on Curl... Road
.nd being 440 feet dee~ (s.id exception being more part1cul.~1y
described IS fo"~: (llW,EHCE.t the Center of s.id Section 17;
thence S 0.32'12- E .10ng the East line of the NE 1/4 of the SW
1/4 of said Section 17. for SO.OO feet. thence H 89-48'32- W
along the .0uthe~ly Mght-of_y line of State Road 586. for
769.71 feet. to the POINT OF BEGINNING. thence continue N 89.48'32.
W along Slid line. for 125.47 feet. thence S 0.,1'2S- W. for 10.00
feet; theftce N 89.4S'3Z- W. for 99.92 feet. to . point of curyat~r.
of . curye that is concay. to the Northeast; thence along tile .rc
of said curye haYing a r.dius of 1969.86 feet and a centr.l .ngl.
of 0-Z3')5-. for 13.SZ feet; thence. leaying said right-of-w.y linf.
S 0.2S'&4- W. fo~ '30.08 feet. thence S 89.4S'3,- E. fo~ 239.02 I
feet. thence N 0.2S'U. W. for '40.03 feet. to the POlh~ OF BEGINNING.
and containing Z.lB8 acres) AHa ALSO lESS County Road Right-of.Way,
being more pa~t1cullrly described as follows: C~ENCE.t the Center
of s.1d Section 17. thence S 0.32'1,- E along the East llne of tne
NE 1/4 of the 5W 1/4. for SO.OO feet. to the'POINl OF BEGINNING:
thence continue S O.32'IZ. ( .10ng s.id East line, for 1283.04 feet;
thence N 89.51'43. W .10ng t~e South line of said HE 1/4 of the SW
1/'. for 1010.02 feet; tnence N 0-2S'&4- W for 843 93 feet" t~C
5 89.48'J2-_E',fO~ 239.02 feet; thence H 0:2B'44- W~ for 440.03 f~:t~
th~nce S 89 48 32 E along th~ southerly right-of._ay lin~ of 5ta'e
Road 586. for 769.73 feet. to the POIMT OF 8EGINNIIlG, .nd. contalnin9
27. J3 a"lS.
A tract of land ly1n91n die SW 1/4 o~ 1K'1on 17. TownSll1p 211
~th. Range 16 East. Pinel1as eou-ty. "erid., belhg the E'
lIZ of the IN 1/4 of the S'oI 1,14, and the W \/4 of the ME 1/4
of the SII 1/4. 1esi the W 10 feet thereof. an4 the W 1/2 of
tile N'oI H' of the SE 1/' of tile SW 1/4. and tile E. 1/2 of the
5W 1/4 of the ~ l/Z. and the S 15 feet of tile S 1/2 of the
S\I 1/' of tile SW 114. less County Road Rlgllt-of-\lay and IIOre
~rtlcular11 described as follows: B!GIM at tile SW corner o~
\ald Section 17; thence M Q-23'oo- W .10ng the w.st line of
\ald 5ection 17. for 15.00 feet; t~ce S S9.54'sa. E. for
667.56 feet; thenCe N 0.2S'17- W, for Z654.73 feet~ thence
S 89'48'3Z' E, fo~ 520.44 feet. to . point on tht SDuther1y
r'g~t.of...y line of State Road 586 (Cu~11W ROI~ thence
\Out~!.\terly .10ng said r,ght-af-_ay lin. and the arc of ·
curve that is concave to the northeast having. radius of
:169.B6 feet and a central .n91e of 13.47'05-, for 473.93 feet;
t~ence 5 0.Z8'44" E, for 1274.01 f~et; thence S 69.51'43' E.
'or 10.00 f~et; th~nce S 0'ZS'44- E. for 666.98 feet; thence
~ 89'53'19" W, for 333.56 feet; tllence 5 0'27'35- E. for 667.13
'eet; thenc~ N 89"54'54" W along the South ltne of said Section
17, fo~ 1335.14 feet,.to the POINT OF 8EGINNING, and containing
55.66 acres.
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c1Irv OF CLEARWATER
Interdepartment Correspondence Sheet
~o:
Thomas Bustin, City Attorney
Department ~
FROM:
Ream Wilson, Director, Parks & Recreation
COPIES: Anthony L. Shoemaker, City Manager
SUBJECT: Agreement between U.S. Home and City - Countryside Tract 90
DATE: October 17. 1980
The City Connnission, at their last regular meeting, approved the
preliminary plat of Phase I for Countryside Tract 90. A condition
of that approval was that U.S. Home and the City would formulate an
agreement which would specify the City's parkland dedication require-
ments. Attached is an agreement to serve this purpose.
Please note that paragraph 3 has been revised to incorporate your
suggestion of requiring the dedication and development to be completed
within 30 months, or prior to the last permit to be issued to the
proj ect.
Also attached is a letter from Mr. Paul Corace, Project Development
Manager, regarding the agreement.
If you deem appropriate, I would appreciate your placing this agreement
on the next City Commission agenda for consideration.
Please contact me if I can be of further assistance.
RW: fp
Attachs.
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t US-Home"]
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Florida Land Development I Central Division
One Countryside Office Park · Suite 400
P. O. Box 5088 · Clearwater, Florida 33518
(813) 796-0911
October 15, 1980
Mr. Ream Wilson
Parks & Recreation Director
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33518
RE: Tract 90 Park Agreement
Dear Ream:
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Enclosed please find the referenced agreement between U. S. Home and
the City which has been executed by U. S. Home.
Please forward the agreement to the City Manager's office for appropriate
action and return a fully executed copy for our files, along with another
set of specifications for parking and tennis courts marked with some reference
to approval as part of the subject agreement.
Please contact me if I can be of further assistance.
Sincerely,
U. S. HavIE CORPORATION
FLORIDA LAND DEVELOPMENT/CENTRAL DIVISION
jJ~ ,d.~
Paul H. Corace
Ptoject Development Manager
PHC : am
Enclosure
04-090-205
04-192-205
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