SEVILLE BLVD AGREEMENT
..
1:
.
11
INST # 93-373727
DEC 27, 1993 5:42PM
Prepared By and p _.~ v:
r
James E. Slater, P.A.
Broad and Cassel
.n{! CL-tlt'Barnett Bank Center
/11"0' ',t> P.O. Box 4961
(]ir, Orlando, Florida 32802-4961
"7tlfL
PINELLAS COUNTY FLA
OFF.REC.BK 8515 PG 947
For Recording Purposes Only
1; S SE~ILLE BOULEVARD AGREEMENT is made and entered into as of this~
day of " :l1<~ (1993, by aod between ZBA, INC., a Florida co1]JOration (hereJilfier
.-.,. -:.. referred' to as "ZBA "), ZOM BA YSIDE ARBORS. LID., a florida limited partnership
,'... (hereioafter referred to as "ZOM"), aod THE CITY OF CLEARWATER, FLORIDA, a
':'.':Pi;aJ. municipal c01]JOration orgaoized aod existing under the laws of the Slate of Florida (hereinafter
1- ~referred to as "City").
SEVILLE BOULEV ARD AGREEMENT
WIT N E SSE T H:
WHEREAS, ZBA is the owner of all or a portion or claims ownership interest of the
fee simple title to a private roadway known as Seville Boulevard (the "Road"), which Road is
located on the lands described on Exhibit "A " attached hereto aod by this reference made a part
hereof; and
WHEREAS, ZBA is the owner of the fee simple title to the westerly most 545 feet of
the Road (the "Front Segment"). which Front Segment is more Particularly described on Exhibit
"B" attached hereto and by this reference made a part hereof; and
WHEREAS, ZOM is the owner of the lands described on Exhibit "C" attached hereto
aod by this reference made a part hereof (the "ZOM Property"), aod is the owner aodJor the
beneficiary of one or more easements OVer the Road providing access for ingress. egress,
regress, and utilities to serve the ZOM Property; and
WHEREAS, ZOM is desirons of developing a 360 unit rental apartment complex (the
"Project") on the ZOM Property, aod the City will grant the pennits aod approvals necessary
to allow for the development of the Project only upon ZBA's aod ZOM's agreement to the terms
and conditions as set forth hereinbelow;
NOW, THEREFORE, for and in consideration of $lO.00,and other good and valuable
consideration, the receipt aod sufficiency of which is hereby acknowledged by each of the
parties, ZBA, ZOM and the City do hereby agree as follows:
~ RE\07648\OOll\1ESDDHIO.13A
1 J 931021
)
~= .: J7 ~ETURN TO, .... ,,;,.
c/'-'~ CLERK
POST OFFICE BOX 4748
EAR WATER, FL 34618-4748
.-
1
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: ~
11/09/93 16:38
'6'407 425 8377
I
BROAD & CASSEL IaJ 002/003
I COUNTY FLA.
PINELLLh PG 948
OFF . RE~_~ BK_ 8 5_~ __
1. Incoq,oration of Recitals. The parties acknowledge and agree that the foregoing
recitals are true and correct, and are hereby ratified and confirmed.
2. Initial Repairs. ZBA hereby agrees to conduct the maintenance and repairs
to the Road as set forth on Exhibit "D" attached hereto and by this reference made a part hereof
(the "Initial Repairs") and to complete said Initial Repairs on or before, and as a condition
precedent to, the issuance by the City of a cert:ificate of occupancy for the first building to be
constructed on the ZOM Property. ZBA further hereby agrees to install an maintain stop signs
and a pedestrian crosswalk at such location as the City may require to facilitate the safe crossing
of the Road by pedestrians to and from the Seville condominiums and the Seville recreational
facilities.
3. Continuing RqJH;~. From and after the time that the Initial Repairs have been
made and completed, ZBA shall thereafter conduct such maintenance, repairs, and replacements
to the Road as may be required to keep and maintain the Road to the City's standards and
requirements for public roads, as such standards and requirements are and may hereafter be in
force, or may be amended, from time to time (the "Continuing Repairs"), subject, however, to
the elimination of ZBA' s obligations for Continuing Repairs on the Front Segment if and when
said Front Segment is dedicated to the City in accordance with the provisions of Paragraph 10
hereinbelow.
4. Rights and Remedies of City. In the event that ZBA does not perform any
of the Initial Repairs or the Continuing Repairs, or commence the performance thereof, on or
before thirty (30) days after receipt of written notice from the City specifying the nature of the
repairs to be performed, then the City shall have the right to seek any and all rights and
remedies against ZBA and ZOM as may be available hereunder or otherwise available under the
laws of the State of Florida, either at law or in equity. The City's rights an remedies shall
include, but shall not be limited to the follOwing:
(a) The City shall have the right, but not the obligations to perform any such
repairs, maintenance, or replacements which are not pedormed by ZBA, and to
thereafter recover, the direct and reasonable costs and expenses thereof from ZBA and/or
ZOM, jointly and severally, pursuant to the provisions of subparagraphs (b), (c) or (e)
of this Paragraph 4;
(b) To file, and to foreclose, a lien against ZBA's and ZOM's properties
pursuant to the provisions of Paragraph 7 hereinbelow;
(c) To seek a jUdgment against ZBA and/or ZOM, jointly or severally, for the
cost and expenses of the maintenance repairs or replacements to the Road which are
required, and which ZBA has failed to perform;
(d) To seek specific performance of this Agreement;
(e) To draw upon the Letter of Credit (as defined hereinbelow) pursuant to
the provisions of Paragraph 6 hereinbelow.
--NIIIIlDIIl',M
9Jll1.
2
I
I
p r-NE L LAS COUNTY F LA.
OFF.REC.BK 8515 PG 949
Provided, however, and notwithstanding anything contained herein to the contrary, ZBA
shall not be held to be in default hereunder for failure to perform either the Initial Repairs or
the Continuing Repairs within the time required or allowed therefor, so long and ZBA
commences performance of the required repairs on or before the end of thirty (30) days after
its receipt of written notice from the City stating with specificity the repairs to be made, and
thereafter, diligently and continuously pursues such repairs in good faith and in a commercially
reasonably manner until completion, subject, however, to war, strikes, labor disputes, material
shortages, inclement weather acts of God or other conditions beyond the control of ZBA.
5. Guaranty of ZOM. ZOM hereby irrevocably and unconditionally guarantees the
City that ZBA shall fully and completely pay and perform each and every one of its obligations
hereunder. In the event of a failure or refusal of ZBA to payor perform any of its obligations
hereunder, ZOM shall have the right, but not the obligation to payor perform such obligations.
Provided, however, that in the event of any such failure or refusal to perform by ZBA which
results in a default hereunder and which default is not cured within any applicable grace or
curative period, then ZOM shall be liable to the City hereunder, jointly and severally with ZBA
for such damages as are proximately caused the City by such default.
6. Letter of Credit. In order to secure the performance of ZBA's obligations
with regard to the Initial Repairs, ZBA has posted with the City a Letter of Credit, in the face
amount of $125,000.00 (the "Letter of Credit"). As soon as ZBA has completed the Initial
Repairs as required hereby, the City agrees to return the Letter of Credit to ZBA, and, upon the
request of ZBA or ZOM, to execute and deliver to ZBA or ZOM a document in recordable form
acknowledging the satisfactory completion of the Initial Repairs.
7. City's Lien Rights.
(a) In the event that the City exercises its option to perform any repairs
required hereunder and which are not performed within the time allowed therefor. The
City shall have the right to be reimbursed for any and all costs and expenses incurred by
the City in performing such repairs or causing such repairs to be performed. In such
event, the City shall send ZBA and 20M an invoice or invoices for such costs and
expenses together with such supporting details and documentation evidencing such costs
and expenses as may be reasonably requested by ZBA or ZOM. In the event that such
invoice or invoices are not paid by ZBA or ZOM within thirty (30) days from ZBA or
ZOM's receipt of the invoice together with any requested detail and documentation, then
the unpaid balance of such invoices shall thereafter bear interest at the rate of ten percent
(10%) per annum until paid in full.
(b) In the event such invoice or invoices are not paid within the thirty (30) day
period set forth in Paragraph 7(a) above, then, and in such event, the City shall have the
further right to file a claim of lien against the ZOM Property and the Road in the amount
of the unpaid balance of the invoice(s). Such claim of lien shall be foreclosable against
RE\07648\OOll\1ESDDHIO.13A
931021
3
I
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8515 PG 950
the ZOM Property and the Road in the same manner as established in Chapter 713,
Florida Statutes for the foreclosure of construction liens. Any such claim of lien filed
by the City hereunder shall be effective, and shall have priority only from the time that
the same shall have been filed and recorded in the Public Records of Pinellas County,
Florida. Notwithstanding anything contained herein to the contrary, the rights and
remedies of the City hereunder, including any rights, remedies, or priorities arising from
a lien filed pursuant to this Paragraph 7(b) are, and shall always and forever be subject,
subordinate, junior and inferior to the lien of any bona fide institutional first mortgage,
and the rights and remedies of the bonafide institutional first mortgage lender thereunder.
It is the intent of this provisions that in the event of a foreclosure of a bona fide
institutional first mortgage on the ZOM Property or the Road, such foreclosure shall
extinguish any liens or claim of lien by the City for any and all amounts or obligations
incurred prior to the issuance of a certificate of title to the purchaser at the foreclosure
sale. Provided, however, that once a certificate of title has been issued, then new owner
of the Road or the ZOM Property shall thereafter become liable for the obligations of
ZBA or ZOM, as the case may be which arise, or which may be incurred after the date
of the issuance of certificate of title. Provided, further that the foreclosure of a bona fide
institutional first mortgage, or the sale, conveyance or other disposition of title by ZBA
or ZOM shall in no way release ZBA or ZOM for any obligations or liabilities which
shall have accrued or been incurred prior to the date of such foreclosure, sale,
conveyance or dispositions. In the event of such foreclosure, sale, conveyance or other
disposition, ZBA or ZOM, or their respective successors or assigns shall not be liable
for any obligations or liabilities which arise or which are incurred hereunder after the
date that ZBA, ZOM or their respective successors or assigns have parted with or
conveyed title to the Road or ZOM Property, as the case may be, of record.
, --,- --'-."'---,,---...---.---. -'----'-.__._'--._--._,-------------,~
(c) It is intended that the subordination and release provisions of Paragraph
7(b) shall be automatic and self-operative. However, upon the reasonable request of
ZBA, ZOM, their respective successors or assigns, or any bona fide institutional first
mortgage therefor, the City shall execute and deliver such documents in recordable form
as may be requested from time to time to evidence and implement the provisions of
Paragraph 2(b) and/or to set forth whether or not the obligations of ZBA or ZOM
hereunder are current and not in default, or alternatively, the nature of any defaults
and/or the amount of any monies claimed hereunder.
8. Covenants Running With the Land. The obligations of ZBA and ZOM
hereunder are intended to be and shall be covenants running with title to the Road and the ZOM
Property respectively. This Agreement shall be binding upon and shall inure to the benefit of
ZBA, ZOM and the City, and their respective successors and assigns, including, without
limitation, any mortgagees of the Road or the ZOM Property. Provided, however, that it is
expressly agrees that no person, group of persons" entity or group of entities are intended to
be a third party beneficiary or beneficiaries hereunder, and no person, entity or group shall have
any rights, or remedies hereunder or shall have any right to sue any party for breach of or to
RE\07648\OOll \JESDDHIO.13A
931021
4
J J
PINELLAS C
OFF.REC BK 8 OUNTY FLA.
-- .____~15 PG 951
enforce this Agreement, or any provision hereof other than ZBA, ZOM, the City ortlielf----~
respective successors or assigns.
9. ZOM's Certificates of Occupancy. ZOM hereby acknowledges and agrees that
even though the City has issued or may issue in the future building permits with regard to the
development of the ZOM Property, ZOM shall not e entitled to the issuance of any certificate
of occupancy with regard to the ZOM Property until the Initial Repairs shall have been
completed and paid for in accordance with the terms hereof.
10. Dedication of the Front Se~ment. At such time as the Initial Repairs are
completed, ZBA hereby agrees to dedicate the Front Segment to the City and the City hereby
agrees to accept the dedication of the Front Segment from ZBA, subject to the terms and
conditions set forth hereinbelow. As a condition to the obligations of the parties under this
Paragraph 10, the following conditions shall be met.
(a) ZBA shall convey to the City by Special Warranty Deed title to the Front
Segment free and clear of all liens and encumbrances, except for:
(i) Easements and rights of owners of property in the area over,
under, across and through the Front Segment for access, ingress, egress and
regress for vehicular and pedestrian traffic, and for utility purposes;
and
(ii) The Signage Easement specified in Paragraph 1O(c) hereinbelow;
(iii) Such other matters as may be acceptable to the City.
(b) ZBA, at ZBA's sole cost and expense, shall provide the City with a title
insurance commitment and policy issued by First American Title Insurance Company,
or some other title insurance company licensed to do business in the State of Florida;
(c) Prior to the conveyance by ZBA to the City, ZBA shall grant to ZOM a
perpetual, exclusive easement over, under, across and through the median located in the
Front Segment for the purpose of allowing ZOM to construct, install and maintain
landscaping and signage advertising the Project to be constructed on the ZOM Property,
and for directional and informational signage. Such easement shall additionally grant
ZOM the right to run utility lines across the Front Segment to service the signage and
landscaping, and to cross the Front Segment in order to construct, install, maintain,
repair and replace such landscaping. and signage. All signage shall comply with the
applicable requirements of the City's sign regulations as set forth in Chapter 44 of the
Clearwater Code of Ordinances, as may be amended and in effect from time to time
during the term of this Agreement. All landscaping and utility lines shall be installed and
maintained in accordance with plans approved by the City Manager upon the
REl07648\OOII\1ESDDH10.13A
931021
5
J
I PINELLAS COUNTY FLA.
OFF. REC. BK 8515 ~~__~~~__
recommendation and advise of the Public Works Director of the City, which approval
shall not unreasonably be withheld.
(d) ZBA shall have obtained from the owners of the land immediately abutting
the Front Segment to the north, a landscaping, utility and sidewalk easement ten feet
(10') in width in favor of the City, and in form and content reasonably acceptable to the
City.
From and after the date that the Front Segment is conveyed to the City by ZBA, neither
ZBA nor ZOM, nor their respective successors or assigns. shall have any further obligations for
Continuing Repairs with regard to the Front Segment.
11. Notices. Any notice which may be permitted or required hereunder shall be in
writing and shall be deemed to have been duly given as of the date and time the same are
personally delivered or sent via facsimile, with the facsimile receipt confirmed telephonically
by the sender, or three (3) days after depositing with the United States Postal Service, postage
prepaid by registered or certified mail, return receipt requested, or within one (1) day after
depositing with Federal Express or other overnight delivery service from which a receipt may
be obtained, and addressed as follows:
To ZBA at the following address:
ZBA, Inc.
2269 Lee Road
Winter Park, Florida 32789
Attention: Steven W. Patterson
Phone No.: (407)644-6300
Facsimile No.: (407) 740-5769
To ZOM at the following address:
Zorn Bayside Arbors, Ltd.
2269 Lee Road
Winter Park, Florida 32789
Attention: Steven W. Patterson
Phone No.: (407) 644-6300
Facsimile No.: (407) 740-5769
RE\07648\OOll\1.ESDDHIO.13A
931021
6
I
I
with a copy to:
PINELLAS COUNTY FLA
OFF.REC.BK 8515 PG 953
Broad and Cassel
390 North Orange Avenue
Suite 1100
P.O. Box 4961
Orlando, FL 32810
Attn: James E. Slater
Phone No.: (407) 839-4200
Facsimile No.: (407) 425-8377
To the City at the following address:
City Manager
P. O. Box 4748
Clearwater, FL 34618
Phone No.: (813) 462 - 6 7 0 0
Facsimile No.: (813) 462-6720
or to such other address as either party hereto shall from time to time designate to the
other party by notice in writing as herein provided.
12. General Provisions. No failure of either party to exercise any power given
hereunder or to insist upon strict compliance with any obligation specified herein, and no custom
or practice at variance with the terms hereof, shall constitute a waiver of either party's right to
demand exact compliance with the terms hereof. This Agreement contains the entire agreement
of the parties hereto. Any amendment to this Agreement shall not be binding upon any of the
parties hereto unless such amendment is in writing and executed by the parties hereto and any
Mortgages of record of the Road and the ZOM Property. The provisions of this Agreement
shall inure to the benefit of aIld be binding upon the parties hereto and their respective heirs,
administrators, executors, personal representatives, successors and assigns, including, without
limitation, any mortgages of the Road or the ZOM Property. Time is of the essence of this
Agreement. This Agreement may be executed in multiple counterparts, each of which shall
constitute an original, but all of which taken together shall constitute one and the same
agreement. The headings inserted at the beginning of each paragraph are for convenience only,
and do not add to or subtract from the meaning of the contents of each paragraph. The parties
do hereby covenant and agree that such documents as may be legally necessary or otherwise
appropriate to carry out the terms of this Agreement shall be executed and delivered by each
party upon the reasonable request of any other party. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
REl07648\0011 IJESDDH10.13A
931021
7
J
~
Y FLA.
PINEL S COUNTpG 954
OFF.REC.BK 8515
13. Severability. This Agreement is intended to be performed in accordance with,
and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If
any provision of this Agreement or the application thereof to any person or circumstance shall,
for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement
and the application of such provision to other persons or circumstances shall not be affected
thereby but rather shall be enforced to the greatest extent permitted by law.
14. Litigation. In the event that any party fails or refuses to perform any obligation
required of it hereunder, or in the event of any other breach or default hereunder, any non-
breaching party shall be entitled to seek, pursue and obtain any and all rights, remedies or relied
which may be available to it at law or in equity under the laws of the State of Florida, including,
without limitation, the right to obtain specific performance hereof, or injunctive relief either
mandatory or prohibitory. In the event of any litigation arising out of resulting from or
concerning this agreement its enforcement or enforceability, its interpretation, or its termination,
cancellation or rescission, the prevailing party or parties shall be entitled to recover from the
non-prevailing party or parties its or their costs of litigation, including, without limitation,
attorneys, and paralegals' fees, whether or incurred before, during or after trial, upon any
appellate level, or in any administrative, bankruptcy or insolvency proceeding.
15. No Joint Venture. Neither this Agreement, nor any actions taken in performance
hereof shall be deemed or construed to create any partnership or joint venture or similar
relationship by or among the parties hereto or any of them.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as
of the day and year first above written.
"ZBA"
1;;S~~
Print Name: . L.6/iss"..,
~Jl~
rint Name: . J fYJ(J(Jrw
ZBA,
(Corporate Seal)
By:
RE\07648\OO11\JESDDHIO.13A
931021
8
I
b/~~tJjMr-:,
Pnnt Name: eU.w L- 6 J I $5 on
'dJ!J-~
'ntNa e: . .' ].IJJ~
By:
Name: Ri ta Garvey
Its Mayor-Commissioner
By:
Name:
Its City Attome
REl07648\OOII\JESDDHIO.13A
931021
By:
I
PINELLAS COUNTY FL~;5
OFF.REC.BK 8515 PG __
"ZOM"
ZOM BAYSIDE ARBORS, LTD., a
Florida limited partnership
By:
'---.::11"":1
,<~J/ ->!
, ~.'"..
(CORPORATE~~AJ:j ..
,'~"
"
.'
.'
",'"
!; G 1,
~'i:~.
;~~:;;.
::~(",- ".
"CITY"
CITY OF CLEARWATER
A, a municipal corporati n
-
AITEST:
Name:
~ts
9
J
I
STATE OF FLORIDA
COUNTY OF
PINELLAS COUNTY FLA.
OFF.REC.BK 8515 PG 956
The foregoing instrument was acknowledged before me this g~ day of
J)ft.e-YllhW ,1993 by STEVEN W. PATTERSON, as PresidentofZBA, Inc., who executed
the foregoing instrument and acknowledged before me that he executed the same for the uses and
purposes therein expressed and who is personally known to meeT who has produced
as idtmtificatioll'.
~~~tfV
Sij?nature. .
z;L~ L- 6";; S$t>i}
~m~ (Printed, Ty~, or Stamped)
10 1l..C4" Adm ,11 J sirdu,
Title v
Commission Expires:
Serial
'"
S
STATE OF FLORIDA
COUNTY OF
~
The foregoing instrument was acknowledged before me this tB day of
1~hM , 1993 by STEVEN W. PATTERSON, as President of ZOM Communities"
Inc., general partner of ZOM Bayside Arbors, Ltd., who executed the foregoing instrument and
acknowledged before me that he executed the same for the uses and purposes therein expressed
and who is personally known to me or wAo Ras produced &8-
idc.ntificatiun.
~
-~
Signature .
gLLe-r. '- .
Name (PrintiJJyped., ' or Stamped)
Pro) t.,d- mYlJ"5dY'a:t61
-J '
Title
Commission Expires:
Serial N 1I~ ""-(if ap~lftmle);L1SS0N
(~ n olary PUblic, Stale of Florida
My comm. expires Feb. 25,1996
No. CC182S02
RE\07648\OO11\JESDDHIO.13A
931021
10
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the
named city, who acknowledged that she executed the foregoing instrument.
personally known to me and did not take an oath.
/5
~
STATE OF FLORIDA
COUNTY OF PINELLAS
WITNESS my hand and official seal this
~Lill3Jil
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8515 PG 957
above-
She is
day of November, 1993.
""""" DENISE A. WILSON
l~:&'/'M~'f.;. tIN COMMISSION /I CC 201408 EXPIRES
i-: :~E June 18, 1996
~,.,.....i~; BONDED TtlRU TROY FAIN INSURANCE, INC.
'ij:..Cffu~\
BEFORE ME personally appeared Michael J. Wright, the City Manager of the above-
named city, who acknowledged that he executed the foregoing instrument. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal this
&1Ir'f? '{d./~~JI tfu)
Notary Public
/~ day of November, 1993.
""""" DENISE A WILSON
..' ~'i' PY!i1 .
/!''Ii;:'f;~ MY COMMISSION /I CC 201408 EXPIRES
k:~.:~' June 18. 1996
-;;/>....... i}~ BONDED TtlRU TROYF~N INSURANCE, INC.
'r",~rlt~\'
11
f
EXHIBIT A
lEVILLE BOULEVARD
I
OFF~~;~~;:S85CI05VNTY FLA.
- PG 958
A parcel of land, from U.S. 19 to the A.E.L. Partnership tract of land which lies at the Eastern
",'\d of said Boulevard. Said parcel being within Section 17, Township 29 South, Range 16 East,
Pinellas County, Florida, and is more particularly described as follows:
Commence at the Southwest comer' of said Section 17; thence North 01003 '04 to East (North
01003'30" E field) with the Westerly boundary line of said Section 17, a distance of 810.00 feet
(810.93 feet field); thence depaning said Westerly boundary line South 88057'02" East, a
distance of 100.00 feet to a point, said point being on the Easterly right-of-way line of U.S. 19
State road number 55, and also being the Westerly boundary of a tract of land to Clearwater
Seville Ltd. as found on record in O.R. Book 3362 at Page 349 of the Public Records of Pinellas
County, Florida, said point being the Point of Beginning; thence North 01 003 '04" East (North
01003'30" E field) along said right-of-way line and tract boundary line, a distance of 50.00 feet;
thence South 88057'02" East, a distance of 99.98 feet; thence departing said right-of-way line
and continue with said tract boundary line South 88057'02" East, a distance of 742.60 feet;
thence departing said tract boundary line and running with the Northerly edge of a concrete
valley gutter which lies at the North side of existing Seville Boulevard South 88054'42" East.
a distance of31.46 feet; South 89024 '32" East, a distance of 94.39 feet; thence South 79047' 51 "
East, a distance of 67.86 feet; thence South 75015'59" East, a distance of 24.49 feet; to a point
of intersection with a non-tangent curve, concave to the North, said curve having a radius of
78.90 feet and a central angle of 28051 '23"; thence East along the arc of said curve to the left,
a distance of 39.74 feet, said curve being sUbtended by a chord which bears South 89038'36"
East, a distance of 39.32 feet; to a point of intersection with a non-tangent curve, concave to
the South, said curve having a radius of 172.90 feet and a central angle of 25009'22"; thence
East along the arc of said curve to the right, a distance of 75.91 feet, said curve being Subtended
by a chord which bears South 83035' 11" East, a distance of 75.30 feet; to a point of intersection
with a non-tangent curve, concave to the North, said curve having a radius of 332.60 feet and
a central angle of 17035'47"; thence East along the arc of said curve to the left, a distance of
102.15 feet, said curve being subtended by a chord which bears South 8r49'14" East, a
distance of 101.74 feet to the point of intersection with a non-tangent line; thence North
87054'01" East, a distance of 26.07 feet; to a point of intersection with a-"lon-tangent curve,
concave to the North, said curve having a radius of 350.50 feet and a central angle of
06005'58"; thence East along the arc of said curve to the left, a distance Of 37.31 feet, said
curve being subtended by a chord which bears North 85047'54" East, a distance of 37.30 feet;
to a point of intersection with a non-tangent curve, concave to the North, said curve having a
radius of 155.60 feet and a central angle of 10007'36"; thence East along the arc of said curve
to the left, a distance of 27.50 feet, said curve being subtended by a chord which bears North
80044'17" East, a distance of 27.47 feet; to a point of intersection with a non-tangent curve,
concave to the South, said curve having a radius of 104.10 feet and a central angle of
58032'38"; thence East along the arc of said curve to the right, a distance of 106.37 feet, said
curve being subtended by a chord which bears South 75010' 14" East, a distance of 1 0 1. 80 feet;
to a point of intersection with a non-tangent curve, concave to the North, said curve having a
radius of 68.40 feet and a central angle of 41035'14"; thence Southeast along the arc of said
curve to the left, a distance of 49.65 feet, said curve being subtended by a chord which bears
South 70045'33" East, a distance of 48.56 feet; to a point of intersection with a non-tangent
eurve, concave to the South, said curve having a radius of 269.00 feet and a central angle of
&4 "34'46" thence East along the arc of said curve to the right, a distance of 21.50 feet, said
.ettrve being subtenQ.~ by a chord which bears South 88011'56" East, a distance of 21.49 feet
'.' to the point of intersection with a non-tangent line; thence South 85037'52" East, a distance of
2'4.93 feet; thence South 84000'45" East, a distance of 42.16 feet; thence South 78018' 43" East,
a distance of 19.46 feet; to a point of intersection with a non-tangent curve, concave to the
South, said curve having a radius of1385.60 feet and a central angle of 02025'22"; thence East
along the arc of said curve to the right, a distance of 58.59 feet, said curve being subtended by
a chord which bears South 74035'12" East, a distance of 58.59 feet to the point of intersection
..
~'076.c8\OOII \JESJNH07 .!SA
930715
~
'-'-:/~'
,
c'
EXHIBIT A (Con' t)
dhPINELLAS COUNTY FLA.
Orr.REC.BK 8515 PG 959
---~-- - - -~-- ~----
I
'.,
with the Westerly boundary line of the A.E.L. Partnership tract of land, thence with same Due
South to the Northerly boundary line of Seville Condominium Number 12, as shown on a plat
or map thereof on record in Condominium Plat Book 22 at Page 98 in the Public Record of
Pinellas County, Florida, being a distance of 30.29 feet; thence along the common boundary line
between said condominium and A.E.L. Partnership tract of land South 75018'15" East, a
distance of 184.76 feet; thence South 43033 '32" East, a distance of 63.70 feet; thence South
27002 '39" West, a distance of 8.64 feet; thence departing said boundary line and running with
the Southern edge of a concrete valley gutter lying at the South edge of existing Seville
Boulevard North 64027'33" West a distance of 5.86 feet; thence North 63034'45" West, a
distance of 52.42 feet; thence Nonh'69017'35" West, a distance of 194.15 feet; thence North
77053'07" West, a distance of 95.28 feet; to a point of intersection with a non-tangent curve,
concave to the South, said curve having a radius of 915.00 feet and a central angle of
03049'11"; thence West along the arc of said curve to the left, a distance of 61.00 feet, said
curve being subtended by a chord which bears North 85056'26" West, a distance of 60.99 feet;
to a point of intersection with a non-tangent curve, concave to the North, said curve having a
radius of 57.70 feet and a central angle of 62046'57"; thence West along the arc of said curve
to the right, adistance of 63.23 feet, said curve being subtended by a chord which bears North
71035 '04" West, a distance of 60.11 feet; to a point of intersection with a non-tangent curve,
concave to the South, said curve having a radius of72.30 feet and a central angle of70017'33";
thence Northwest along the arc of said curve to the left, a distance of 88.70 feet, said curve
beingsubtended by a chord which bears North 74020'23" West, a distance of 83.24 feet; to a
point of intersection with a non-tangent curve, concave to the North,said curve having a radius
of 133.60 feet and a central angle of 14050'24"; thence West along the arc of said curve to the
right, a distance of 34.60 feet, said curve being subtended by a chord which bears South
80057'53" West, a distance of 34.51 feet to the point of intersection with a non-tangent line;
thence South 87000'30" West, a distance of45.62 feet; thence South 88024'49" West, a distance
of 30.16 feet; to a point on the Easterly boundary line of Seville Condominium Number 7, as
shown on plat or map thereof found on record in Condominium Plat Book 5 at Page 97 of said
Public Records and being the point of intersection with a non-tangent curve, concave to the
North, said curve having a radius of 73.60 feet and a central angle of 00037'56"; thence West
along the arc of said curve to the right, a distance of 0.81 feet, said curve being subtended by
a chord which bears South 86041 '51" West, a distance of 0.81 feet; to a point of compound
curvature with a curve, concave to the North, said curve having a radius of 73.60 feet and a
central angle of 10058'02"; thence West, along the arc of said curve to the right, a distance of
14.09 feet, said arc subtended by a chord which bears North 87030'10" West, a distance of
14.07 feet to the point of intersection with a non-tangent line; thence North-S3054'52" West,
a distance of 4.42 feet; thence North 82034'15" West, a distance of 31.30 feet; thence North
81014'12" West, a distance of 2.34 feet; to a point of intersection with a non-tangent curve,
concave to the North, said curve having a radius of 274.00 feet and a central angle of
10033'55"; thence West along the arc of said curve to the right, a distance of 50.53 feet, said
curve being subtended by a chord which bears North 77016'50" West, a distance of 50.45 feet;
to a point of intersection with a non-tangent curve, concave to the South, said curve having a
radius of 123.60 feet and a central angle of 37056'26"; thence West along the arc of said curve
to the left, a distance of 81.85 feet, said curve being subtended by a chord which bears South
88053'22" West, a distance of 80.36 feet; to a point of intersection with a non-tangent curve,
concave to the North, said curve having a radius of 199.20 feet and a central angle of
17031'55"; thence Southwest along the arc of said curve to the right, a distance of 60.25 feet,
said curve being subtended by a chord which bears South 72046'10" West, a distance of 60.72
feet to the point of intersection with a non-tangent line; thence South 82013'44" West, a distance
of 14.92 feet to the Easterly boundary line of Seville Condominium Number 2 as shown on a
plat or map thereof on record in Condominium Plat Book 5 at Page 57 of said Public Records;
thence South 82013'44" \Vest, a distance 0[24.64 feet; thence South 87021'29" West, a distance
of 168.84 feet; then~ North 88056'51" West, a distance of 45.23 feet to the Easterly boundary
line of Seville Condominium Number 1 as shown on a plat or map thereof on record in
Condominium Plat Book 5 at Page 2 of said Public Records; thence North 88056'51" West, a
distance of 44.73 feet; thence North 89013 '32" West, a distance of 20.61 feet; thence North
88056'30" West, a distance of 90.80 feet; thence North 88044'35" West, a distance of 62.73
feet to the Westerly boundary line of said Seville Condominium Number 1; thence North
88044'35" West, a distance of 69.62 feet; thence North 89008'10" West, a distance of 120.84
- -.- ---.,--'-'-'-~,--._--
R.E\07648\OOII \JESINH07 .lSA
930715
<I.:". _~
EXHIBIT A (Con' t) PINELLAS COUNTY FLA.
OFf.REC.BK 8515 PG 960
feet; thence North 880571s8" \Vest, a distance of 198.68 feet;-ttlnce North 88056'50" West,
a distance of 102.39 feet; thence Nonh 88056'50" West to the aforesaid Easterly right-of-way
line of U.S. 19, a distance of 54.47 feet; thence North 01003'04" East (North 01003'30" E
field) with same, a distance of 47.78 feet to the Point of Beginniug.
LESS AND EXCEpt:
Any and all lands which are a part of Seville Condominium I, as recorded in Condominium Plat
Book 5, Pages 1 through 5 inclusive, Seville Condominium 2, as recorded in Condominium Plat
Book 5, Pages 56 through 60, inclusive, Seville Condominium 7, as recorded in Condominium
Plat Book 5, Pages 96 through 100, iJ?clusive and Seville Condominium Plat Book 7, Pages 97
through 106, inclusive, all of the Public Records of Pinellas County, (collectively, the
"Condominium Lands") but only to the extent that said Condominium Lands lie southerly of the
paved road ("Road") which comprises a portion of Seville Boulevard and which meanders across
the northerly portion of the Condominium Lands, it being the intent hereof to exclude from this
conveyance only that portion of the Condominium Lands which lie southerly of the southerly
edge of the pavement of the Road, together with any of the southerly abutting improvements to
the Road, such as driveways, carpons, sidewalks, landscape or other common elements or
limited common elements which are located on the Condominium Land and which are located
southerly of any contiguous to the Road.
..-
."
......
"
'.
....
...
RE\0764B\OOII\JESINH07.I5A
930715
J:::JU1 HHT B
.TtiIS IS l!Q! A SURVEY I Sheet-1-o~
S~Qle: I": 100' Job Nuler 1/4Z- OOI-~.
Doarlngs oro basod upon: Wc.sT BO(./NDA/i!:Y LINt: OF
.seCTION 17 - zt:1-/~.
~~
~I ~
I ~
t !,!t
~~I ~
~ t~
~~I:
~~
~
.')..
~a
~~
~ ~,
:t~~
~~I~
:"t,s1(1
'4i
~
~
~ ~
~ 8
I!) .Ci
~'O
?S
~
,~ ~
I~ ~
I~ ~
~~~.57'oz"e
seCIIO"-LLfownShlP Z9 Soulh,Rano. 1(6 East.
PINeLL.A5 Count YI Florldo.
,^,0.er;..1 eND OF 10' 03ANITAIZ.Y .scW6.e
i!iA~cMclVT. ~' 80TH .s,Dt5fj OF
CENTl!E.IZ.t..INe. (a.Ii!. eJaox; .!!JZ-73, P~4:
Z54) So' NO.erw 0.<=' ceNTclZLlNe OF
seVIt..Lt!: l!X>uLeVAIZD AND 419./7'
cA:Jr OF We~Te/i!LY BDuNDAR.Y
LINE ~ ...see Tlcvv 17 -l!J9 _ /('p.
545. t:!13'
~ \i. ~
~, ~ ~
~ ~ ~
~~t;:~~
(()
CL6AIi!WATe 6eVIt.Li:
:2 ,s"'S" e7'oz"s
,
5 --(.AND~CA.Pe. ---Me.DIAN____
.:seVILLe ~ (Q.e. 33&"2, I
,(/88- 57'~" -...41
,vSS.S(';'50"w 198. (,pS' (~I
IOe. !Jt9' I
,vee- ~' ~"JV I
54:47' ~I.
€ 64..sEMsNr
I, Nor03'04"c
~
~
TlZAcr.
~ff'
~ ~. ,
\rr rn~'
~ ~r-:
IQ \. 't-
~ ~ i\
~ ~ i
~ ~~
~ I
~i
N8eI'44 '.35~ W
,v--=,'" ~' /0" W
"-'7 t?I. ~ Z'
IZa84'
II :JQ
~
IClIO
~
FfbINT OF COMMi:NceMI!:NT
SW cOle.Nee of ,sEC. 17 -Z9-/~.
SCALe: lit. /00'
LBOAL DBSCRIPnON
PINELLAS COUNTY FLA.
OFF.REC.BK 8515 PG 961
A parcol of laud 1110S wllhlo SeedoD 17. TowaahJp 29 South, Raulo 16 Baar.. PineU..
County, Florida aud belos more partlcularl1 delcribed as (oUows:
Commence at tho louthwest comer of saId Section 17, thence NOl.0J'JO"S along the w06t
boundary Une of lald Seellon 17 a distance of 810.93 feet; thence departing said westerly
boundary line SSS057'02"E, a distance of 100.00 feet to a point on the easterly right-oC-way
line oC U.S. Highway 19, Slale Road No. 55, and also being the westerly boundary of a tracl
oC land to Clearwater Seville Ltd. as Cound on record in O.R. Book 3362, Page 349 oC the
pubUc records oC Pinellas County, FloridajsaJd point being the POINT OF BEGINNING;
thence N01.03'30"B along said right-oC-way line and tract boundary line, a distance of 50.00
Ceet; thence SSS.57'02"E a distance of 545.98 feet; thence SOI.02'58"W a distance of 97.60
Ceetto a point on the northerly boundary line oC Seville Condominium Number 1 as shown
on a plat or map thereoC on record in Condominium Plat Book 5, Page.2 of said public
records; thence N88044'35"W a distance of 69.62 feet; thence N89008'lO"W a distance of
120.S4 feet; thence NSsoS7'SS"W a distance of 198.68 Ceet; thence N88056'50"W a distance
of 102.39 feet; thence N880S6'SO"W to the aforesaid easterly right-of-way line of U.S.
Highway 19 a distance of 54.47 Ceet; thence NOI003'30"E a distance of 47.78 Ceet to the
POINT OF BEGINNING.
. CoDtaJnlna 1.224 acres, or 53335.57 square feet, ~ore or less.
DATE CALCULATE
DRAWN CHECKED ITEM
I "e,.ellr cectl1r that lh. .1,,0.,.. ...Lch .'N
"..G'l"lrtlon ...l. the- .1nllNf' LKhnl4:Jel atalNla..,I.
.. ..t CDC'U. &lr .:....~ raoclcJ. .Dln' 0' ',o'...Iun4ltl1
L...... .wruro.. t.. n..p/..r 21 ,.,-&. florid.
Adalnlotut h. <:0.1<>, "'''\oftr.t to ''"'t1ooo <<12. an
Flodd.. It.tw~... ....t.... ~ ....Iou d,.....
.nd o.ba..... tit. "1ft' ...a
7/9/9.3 ew~
.ewe ewe 6KETCH
5HE:cT I 0': 2.
EXHIBIT C
I
PARCEL A
LEGAL DESCRIPTION
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8515 PG 962
From the Southwest corner of Government Lot I, Section 20, Township 29 South, Range 16 East
run thence North 0052'25" East along the West section line of said Section 20, 600.00 feet; run
thence South 89013'12" East along a line 600.00 feet Northerly and parallel to the South line of
said Government Lot I, 1,400.00 feet; thence run North 0052'25" East, 733.92 feet along the
East line of the Westerly 1,400.00 feet of Government Lot I; thence run South 89057'02" East
along the South line of Section 17, Township 29 South, Range 16 East, 280.00 feet; thence run
North 27"02'39" East 43.67 feet for a Point of Beginning. Thence continue North 27"02'39"
East along the East line of Seville Condominiums 14 and 12, 684.33 feet; thence run North
43033'32" West 63.70 feet; thence run North 75018'15" West, 184.76 feet; thence run North
329.15 feet; thence run North 36"29'07" East, 439.88 feet; thence run South 43011'54" East,
736.36 feet; thence continue South 43011'54" East, 1,220.07 feet; thence run South 14"03'39"
West, 574.62 feet; thence run North 76"35' 16" West, 1,130.45 feet; thence run North 52"50'19"
West 149.74 feet; thence run North 52"36'49" West, 197.47 feet; thence run North 54019' 17"
West, 207.80 feet; thence run North 48"27'54" West, 6.79 feet to the Point of Beginning.
AND
PARCEL B
LEGAL DESCRIPTION
From the SW corner of Section 17 (Being also the NW corner of Section 20), Township 29 S,
Range 16 E, run S88057'02" East along the north line of said Section 20,400.00 feet for a Point
of Beginning; Run thence North 1"03'04" East along a line 400 feet easterly of the West line of
said Section 17, 254.00 feet; run thence S88057'02" East along the South line of Seville
Condominium 4 (see Condominium Plat Book 7, Page 55-59, Public Records of Pinellas County,
Florida), 313.13 feet; run thence North 52"06'17" East 40 feet to a Point on the Centerline of
Pearce Drive (see O.R. Book 3421, Page 223, Public Records of Pinellas County, Florida); run
thence Southeasterly along a curve to the left of 100 feet radius (chord bearing South 63"25'23"
East, chord distance 86.19 feet), 89.11 feet; thence continue along the centerline of Pearce
Drive, South 88057'02" East, 588.08 feet (also being the South line of Seville Condominiums
3,8,11 & 14); run thence Southeasterly along a curve to the right of 166.63 feet radius (chord
bearing South 67"38'32" East, chord distance 121.11 feet) 123.95 feet; run thence South
46"20'02" East, 237.90 feet; run thence North 27"02'59" East, 2.61 feet; run thence South
48"27'54" East, 6.78 feet; run thence South 54019' 17.0" East along the South line of that certain
tract conveyed toA.E.L. (See O.R. Book 5232, Page 1130, Public Records of Pinellas County,
Florida), 207.80 feet; run thence South 52"36'49" East, 197.47 feet; run thence South 52050' 19"
East, 149.74 feet; run thence South 76"35'16" East, 1,130.45 feet; run thence South 14"03'39"
West, 200 feet; Run thence North 89013'12" West, 1,812.30 feet; run thence North 0052'25"
East along the East line of the West 1,400 feet of said Section 20, 733.92 feet; run thence North
88"57'02. West 1,000.00 feet to the POB.
Subject to easements for ingress and egress, drainage and utilities, over Pearce Drive, as
recorded in O.R. Book 3421, Page 223 and O.R. Book 3051, Page 586, Public Records of
PineIlas County, Florida, arid subject to easements for City of Clearwater sanitary sewers, as
recorded in O.R. Book 1704, Pages 684-687 and O.R. Book 3273, Pages 254-255, and subject
to easement to Florida Power Corporation for existing power lines, and subject to easement for
existing water mains serving Seville Condominiums.
Together with an easement for ingress and egress over Seville Boulevard and Pearce Drive. as
recorded in O.R. Book 3051, Pages 586-587 and O.R. Book 3421, Page 223, Public Records
of PineIlas County, Florida..
.
I
I
EXHmIT D
PINELLAS COUNTY FLA
~~F.REC.BK 8515 PG 9~3
------------------ -
Seville Boulevard Roadway Improvement Plan as prepared by King Engineering Associates, Inc.
dated August 23, 1993.