PURCHASE 52 ACRES FOR DEVELOPMENT
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LAW OFFICES
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RICHARDS, NODINE, GILKEY, FITE, MEYER & THOMPSON, P,A.
RICHARDS BUILDING
12S3 PARK STREET
RALPH RICHARDS (IB93-19BO)
WILLIAM W. GILKEY
JOHN D. FITE
LARRY K. MEYER
DENNIS P. THOMPSON
JOHN E. SLAUGHTER, JR.
EMIL G. PRATESI
J. MA.RVIN GUTHRIE
R. CARLTON WARD
DAVID E,PLATTE
CLEARWATER, FLORIDA 33516
(813) 443-3281
WILLIAM E. NODINE
OF COUNSEL
March 5, 1982
SALLY FOOTE CORCORAN
GARY R. PRESTON
ROBERT O. SAMMONS
ROBERT M. PETRI LLO
PATRICK T. MAGUIRE
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Mr. Anthony L. Shoemaker
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, Fl 33518
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RE: City of Clearwater Agreement with William G. Blackburn
/'~~\S2....\ Dear Mr. Shoemaker:
I {\ (.. it"-.. Closing was held on ~ ,1st on the sale from William Blackburn
il.'.Ji \ J . to. Brandon Nu-West Clearwater Limited. Please send us a copy of the
(,:i.l '-'\'J( ( recorded agreerrent between the City and Mr. Blackburn.
C.,/ Also, as you know, the EscrCM Agreement dated Februa:ry 25, 1982 is
no longer in effect since the transaction is closed.
V~~rulY yo
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RECEIWiP
I 'MAR 09 1.
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RALPH RICHARDS (1893-1980)
WILLIAM w. GILKEY
JOHN D. FITE
LARRY K, MEYER
DENNIS P. THOMPSON
JOHN E. SLAUGHTER, JR.
EMIL G. PRATESI
.), MARVI N GUTHRIE
R, CARLTON WARD
DAVID E. PLATTE
I LAW OF"F"ICES 'I
RICHARDS, NODINE, GILKEY, FITE, MEYER & THOMPSON, P.A.
RICHARDS BUILDING
12S3 PARK STREET
CLEARWATER, F"LORIDA 33516
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(813) 443-3281
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1982 / f!t~~;t/
WILLIAM E. NODINE
OF COUNSEL
February 26,
SALLY F"OOTE CORCORAN
GARY R, PRESTON
ROBERT 0, SAMMONS
ROBERT 1'1, PETRILLO
PATRICK T. MAGUIRE
Mr. 'rony Shoema,ker
City Hall
Clearwater, Florida
Dear Mr. Shoemaker;
Exhibit A to the Agreement between the City, Blackburns and
Jack Russell Oil Company was not attached when Mr. Blackburn delivered
it to you earlier today. I am, therefore, enclosing the Exhibit A for
you to attach to the Agreement.
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Emil G. Pratesi
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Jff'~~""Y O.R. 5 3 2 3 PAGE ~ 8 6 ~
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FLORIDA, a municipal cor-
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82041206
AGREEMENT
THIS AGREEMENT, made this zS' day of
1982, by and between the CITY OF CLEARWATER,
poration, hereinafter referred to as "City," and WILLIAM G. BLA~KBURN
and GLORIA J. BLACKBURN, his wife, hereinafter referred to as
"owners," and JACK RUSSELL OIL COMPANY, INC., a Florida corporation,
hereinafter referred to as "Russell";
WIT N E SSE T H:
WHEREAS, the City and Owners entered into that certain Agreement
dated October 27, 1980, and recorded in O.R. Book 5211, pages 160-164,
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cQ of the Public Records of Pinellas County, Florida (hereinafter
referred to as the "Agreement"); and
WHEREAS, the City is agreeable to the modification as hereinafter
set forth; and
WHEREAS, such modification includes property owned by Russell and
Russell has joined in this agreement for the purpose of making the Agree-
ment as amended herein effective as to the property described on
Exhibit A;
NOW, THEREFORE, in consideration of the sum of Ten and nO/100
Dollars ($10.00) and other good and valuable considerations, the par-
ties mentioned in each of the paragraphs below agree as follows:
1. Exhibit 1 of the above-referenced Agreement is hereby amended
and changed as more particularly described in Exhibit A attached herto
and made a part hereof.
2. City and Owners agree that Paragraphs 4(b) and (c) of the
Agreement are modified as follows:
(b) to pay the City a total of THREE THOUSAND FIVE HUNDRED
DOLLARS ($3,500.00) for each acre, and/or a pro-rated sum
for a portion of acre (example: V2 acre = $1,750.00) of land upon
which development is commenced or which is annexed into the City.
Said sums being in lieu of the ten percent (10%) land donation
for parks and recreation. The sums reflected hereon represent a
total cash donation of $182,000.00 based on $3,500.00 for each of
the approximately 52 acres available for development. Actual
acreage is to be determined by a survey, a copy of which must be
provided the City by the Owners prior to any development activi-
ties. The City shall use said sums for parks and recreation pur-
poses. Said sums shall be paid to the City at such time as a
request is made to develop the property or a portion thereof or
such property or a portion thereof is annexed into the City,
whichever shall first occur. Such total sum reflected hereon is
to be completely paid by the end of this Agreement. Development
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I O.R. 5 3 2 3 PAGE 1865
shall be deemed to commence for purposes of this Agreement upon
the issuance of a building permit from the governmental authority
having jurisdiction over the property or upon commencement of the
installation of site improvements, whichever is first. It is
specifically agreed that Owners shall have the right, subject to
the provisions that the entire property described in Exhibit A be
annexed into the City within four (4) years from October 27,
1980, to annex portions or parts of the property described in
Exhibit A into the City.
(c) It is agreed that in no more than four (4) years from
October 27, 1980, the entire property described in Exhibit A
shall be annexed into the City of Clearwater. To carry out this
purpose, it is agreed that Owners may at any time by written
notice to City state a desire to annex the property or any part
thereof. Upon such event, this Agreement shall constitute an
application to annex, and the City will have the right to imme-
diately initiate action to annex the property or such part
thereof into the City. At the end of such four year period, if
Owners have not provided the notice of request to treat this
Agreement as an application or petition to annex the property,
the City will have the right to treat this Agreement as an appli-
caton to annex and proceed to annex such property in the manner
provided in Chapter 171, Florida Statutes.
3. Compliance with the financial portions of this Agreement
shall be obtained by William G. Blackburn and Gloria J. Blackburn
providing their personal note for the full amount of such financial
obligation, namely, a note in the amount of ONE HUNDRED EIGHTY-TWO
THOUSAND DOLLARS ($182,000.00) made payable to the City of Clearwater
in the manner provided herein.
4. The Owners will comply with subdivision requirements con-
tained in the City of Clearwater subdivision ordinance and provide the
City with a copy of the subdivision plat.
5. This Agreement shall not be construed to in any way abrogate
or modify police power possessed by the City of Clearwater. Except
where an application for a building permit has been issued prior to
execution of this Agreement, this Agreement shall not prevent the City
from applying to the property any ordinances, rules or regulations
adopted subsequent to the date of this Agreement.
6. Except as modified herein, the terms and provisions of the
Agreement dated October 27, 1980, and recorded in O.R. Book 5211, pages
160-164, shall remain unchanged.
7. This Agreement shall constitute a covenant running with the
land and shall be binding on the successors and assigns of the
parties.
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O.R. 5 3 2 3 PAGE 186 B
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
By
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Attestcl: '.'.': ,::'.:"/ t:~.<,.-.-. .J,jL'li '.' '\>,.
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. G,jtt-y Clerk .'/"~.(;'
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Signed, sealed and delivered
in the presence of:
c'ijmda ~~, lo-;,Qma1.rP
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"Owners"
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Wllliam G. Blackburn
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"Russell"
JACK RUSSELL OIL COMPANY, INC.
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STATE OF FLORIDA
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COUNTY OF PINELLAS
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I HEREBY CERTIFY that on this ~ day of ~~. ,
1982, before me personally appeared Anthony L. Shoemaker,/Thomas A.
Bustin, Lucille Williams and Charles F. LeCher, respectively City
Manager, City Attorney, City Clerk and Mayor-Commissioner of the City
of Clearwater, Florida, a municipal corporation, to me known to be the
individuals and officers described in and who executed the foregoing
Agreement and severally acknowledged the execution thereof to be their
free act and deed as such officers thereunto duly authorized~ and that
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O.R. 5 3 2 3 PAGE i 867
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the official seal of said municipal corporation is duly affixed
thereto, and the said Agreement is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater,~Ji,\(tttw,
County of Pinellas and State of Florida, the day and ye,~JI'~:\~$~Lif-~p~e
written. () <:' f:t~.~~..,"~;':~~~.
Noh:y~~' c'.' ~~ I>I.~'F.
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My commission expires:'" ":':'.~:'" ","./
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
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l\otary PubkState of Florid~ at large
My Commission Expires Oct. 31, 1983
h!!d~d, 8y Am.ncan fir., &,C.,uilty CompanY.
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared WILLIAM G. BLACKBURN and
GLORIA J. BLACKBURN, his wife, to me known to be the persons described
in and who executed the foregoing Agreement and acknowledged before me
that they executed the same.
WITNESS my hand and OfftSial. seal in the County and State last
aforesaid this l(,'fi> day of ~ah1".' 19B2. 1..
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~ry Public . .....
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My commission. eXJ?ires: j~;':.i"\~" ~I~~
l~...J.~..y ~~q;~ :;i\~~~ o"J...!JiC't "'~.,.{.(: ~"1,;"",j ,
.~;' Com;i~~i:>~::~;~;;;cs't~vi 1*; 1'131..-
Bondeo By .A-m~~,cP'::l.'lne, & Cas\.iidt l:Q~)~nY.
STATE OF FLORIDA
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COUNTY OF PINELLAS
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Before me, the undersigned authority, this day personally
appeared J'icJ:.. ~ ~~(.,U. J'f'. to me well known and known tome to be
t~e individual described in and who executed the foregoing instrument
asff>resident of JACK RUSSELL OIL COMPANY, INC., a Florida corporation,
and he acknowledged to and before me that he executed said instrument
on behalf of and in the name of said corporation as such officer: that
the seal affixed to said instrument is the corporate seal of said cor-
portion and that it was affixed thereto by due and regular corporate
authority: that he is duly authorized by said corporation to execute
said instrument and that said instrument is the free act and deed of
said corporation.
IN WITNESS WHEREOF I havJ.z~7to set my hand and aff~"'..."my
official seal this ~S't- day of , 1982. ."",,\.~ \1~ ~.:..'"
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tfataf)tPl8or SIIre'atAor1dB at Large
My commis sion expir1lfGommisSion-EiplreS,AUa3, 1984
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,'~ " '.. ........,~~..-~--..l..,.~.:..y~:-,;,;:;<".~. ..'.-.'> ......,..'.,:':,t. . . O.R......-:tlP,AGE.~~.6 ..:.':.::~
h~e ea~tf' 1~2 qf the Sf: 1/4 ofSect1o;;'&'-~'.'lessth; e-~';t.l'~~ :0"'0' "f ....::~~ii.
e.reooL 0.. road r1ght-of-~aYi au~ that . eet. ~:j'
E 1./4 of Section 7,t lying north.' of the pa.rt of the east I/?, of. t'he':'''r~,
tate Road No.. 590-A, less .the east' 10 ' north~rly right-of-way line of::.
f~vay,Township 29 South, Ra~ge J6Ea~~~Op{~et t~ereof for ~oad rlght~
ess that prope~ty .descrih.ed1n the foll" 1 n~,;,~.e!lS County, 'F.L.or1;da, ,'and
.:R.Book 1456. page',lS6.: and:O.R;Book"49;~' ng,~",,':O.R.B~ok33,~7, page 2~~,.t
.t Pine Ila s .co'un tYbt: F 10 rid a.'" S b]" "'~"~- , p g~ )-988, P~b 1i c R eco rq5~,~,'_..
f. rcccrd. " .' . ", ,'~ ~.,.~5~~"~~~k.:;'~s.;~.;.~.~.sc ,and~ rights-of-~ay~~.~,,~'"
..~~..... ... and:'~,':~: ~"JI.~:~~~ft'.lilji€B=L;~~.~t~ . . . _ ..:,
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COiii'i'lence _at the so..u.thea s1.. ~orner of Sect i 0'; .6) Townshi p 29 South, ..Bange 16 Ea s t
PinellasCounty,u F]oriqa_.?o.Jlct.gQ.N. 0)0-08'-4511 E.~ ]84.23 .feet,'along the east
boundary of-the S.L 1/4 of said Section 6 - the centerline of U.S. High....,2y No. 19;
thence N. 89c-481-1J" W., 100.01 feet, to a point"on the west right-of-way line of
U.S. Highway No. 19 for a Point of Beginning; thence N. 890:48'-11" W., 208.71 feet;
thence S. 010-081 -45" W., 305.08 feet, to .a 'I. poi nt' on the northwesterly ri 9 ht-of-way
'line of FI..E. Coachman Road; thence S~ 5?O-21 '-12" W.; 952:21 feet, along said
north.....es terl y ri ght-ef -way 1 i ne toa point on the eas.:t/'ri ght-of -way line of a
certa in Fl or; da Power Corpora ti on Ri g ht":of -Way as recorded 'i n Offi cia 1- Records BOOK
No. 1466, Pages 156 and 157 of.the Public Records of,Pinellas County, Florida; thence
~long said east right-of-way line; N. boo-58~-03" E., 884.B~ feet; thence
N. 010-12'-20" E. ,216.55 feet, to ~ point on the south right-of-wai~ine of Stag Run
Boulevard; thence leaving the aforemention'ed east right-of-way'line, S. 880-43'-14" E.
310.72 feet, along said south right-of-way lirie of Stag Run Boulevard; thence
continuin9.. alon,9 said ~outh..right-of-way 1 ine) along a curve to the left that haS
a Radius .~f 470.00 feet, an Arc, 1en~th of 247.19'feet, a Chord length of 244.35 feet,
a-Chord Bearing of N.760-l2'-46" E.'; thence N. 610-08,'-45" E., l47~05 feet; thence
along_a curve to the right th.at has' a Rod,ius o,f 475.0q feet..,? an Arc length of
,..248..71 feet, a Chord length of .245.88 feet) a: Chord Bearing ofN. 760-08'-45" E.
.thence S. 880-51.'-15"'L.>..100.00'"feef, t6'a point on the west right-of-way line of .
U.S'. Highway No. 19;' thence ',eaving 'the soutli right-of-way line of S:tag Run Boulevard:
s. 0l0-08'~45': W.,"476.55 feet) along"sai.d west right':"of-way line of U.s. Highway
No. 19 t? the Point of Begin0ing'-<::'.:,--"_',---"" ::~. ,~ '
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CO}7l..IrlenCe 'at the' Southeastcorn.er. of Section, 6,
TO'wnship 29 South, Range 16 East and run North
E;90 52,' 55 n \Vest along the section, line 100
feet to a point on the West right-o~-~ay line
of S.R. ;55 and u.s. High\..'ay -i19 (a 200 foot
right-af-way) an~principal place of BEGINNING;
thenc"e North 10 07' 23 "Eas t along saic rioht-
of-\-:ay line 184.23 feet .to a jj'lonu~ent; the~ce
North 89052'55" )';est 208.71 feetto.a ;&lonu~
ment; thence. South 10 07' 23"1';est 326'.14 feet
toa monUliient on the !~orther1y riyh t-of-v;av
line of S. R. ~590 (a .66 fqot right....o'f~,\,..ay);
thence ~orth S80 23' 05" East along said richt-
cf-\.:ay li~e'248.07 feet to a DOn'.1J-::e:nt and p~int
0& ~ J,.. ..... .................. h.....t: l'
J.. ,'" n ...12 ~sec...1. on "".~ en. ...r. e \",e s... r~S.. ...-OJ.. -\,'ay. ~ne
of S.P.. ~55 end U.S. Highl,.,'ay ~19; t!1ence ::;oJ:th
10 D7' 23" East along said West r~ght-of-~ay
line 11.41 feet to the Place or 3EG-II~NING; said
p~opeity being shown and delineated asTr~ctl '
cr.c Tract 2 on Plat 'of Survey by George F. Ycunc,
:1 c., C 2 t e d November 8, 19 6 ? .' . '. ..
. _'.~_~'-.:.~<-:;_;.~:.#~.:-,---.. :;-;-::--_ ~~-J .
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Exhibit
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COPIES:
SUBJECT:
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Ii~::S A. Bustin, Cit'\' Attorne-:
E.l-_:...;.~burn h.greement - Coachman Ji..i..dge
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=h~ p~rchasEr of a portion of the Llackburn property at
Coachman Ridge intends to have a development called, "Loehmann's
Plaza." In the purchase contract, the Blackburns agreed to
pay the appropriate parkland fees and other items to the City
of Clearwater when required. We received $69,818 for the
Loehmann Plaza property. This donation was computed on the
basis of $3,500 for 19.948 acres.
Southeast Bank holds the D1('Y t ~.azEc- c: :-,-,- J",v o. :'--::.c-;,t aLe is
requiring the O\-;TIeY tc.< pruvi;jc Ci lL__C1_": --<:,~j:J~- -.iJ:1: :11<:
parkland comrritment is satisfiec. Tins reJ..case is attached
and has been reviewed by the Public ;iorks Department for its
accuracy. Will you please see that all parties sign the release
and return the copies to me so that I can forward them to the
developer.
Thank you.
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8/6/82
To: Betty Haeseker
,
From: Sue Lamkin '~A-- ~
Attached is original recorded copy of Partial Release, as
requested. We have kept a copy for our files.
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