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FLD2006-04027
FLD2006-04027 2750 THIRD AVE CHAUTAU~UA ON THE LAKE PLANNER OF RECORD: WiV ATLAS # 233A ZONING: LAND USE: RECEIVED: 44/27/2006 INCOMPLETE: COMPLETE: MAPS PHOTOS : STAFF REPORT:~_ D1~C: CI)B: ~~ . C LW CoverSheet ~, ~ t ~ Yr i I ,./.-.,> . ~~,- ; . _ - -- William Sweetnam President Sand Do11ar_Aeve~o~ment Carp. lend Development Project Consulting for builders, contractors and developers ro,t Office B;;x 454, Ozona, Florida 34660 TEL: (72.7) 733-6888 • FAX: (727) 733-7599 CELL: (727) 688-4670 • EMAIL: wsweetnam@aol.com ;. J ~ ~ '~... ~.~ d - ~_~'~ ~d~t~~ U r d A'Iar~C oc o s o ems, lwi 3r ~ i ~ v. w 1 ~ P~ l•+' ~ tel. •. Ft 3y4 $ 72 ~ ~ 7$~. ` /40 S__ FAX NUMBER: 2T ~' L ~SZ ^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION D SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets SUBMIT APPLICATION FEE $ .~z4rg~c vvH I k w CASE #: RECEIVED EY (staff i^itiad~;: . DATE RECEIVED: ..~ ,r~ ~RIGlNA(, ,~ RFG~IVFp A6'~ ~ ~ 4~UU PLAlVIVING DEPARTMEfyT CI'N nr ..~ ~ . _. * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Residential Infill Project {Revised 03/28/2006) PLEASE ~'~'PE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT fNFORMATION: (Code Section 4-202.A) APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: PROPERTY OWNER(S): LRst ALL owners on the deed AGENT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: r ~J Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 -562-45 67 Fax: 727-562-4865 C. ~ r • O. o>I~. d o L Q 727.44e ~ yGr70 FAX NUMBER: TZ7- .~ ~ 7 ~'„ `$Q ~ ~VTO E-MAIL ADDRESS: ~/ 40 ~ , p f B. PROPOSED DEVELOPMENT INFORMATION: {Code Section 4-202.A) PROJECT NAME: h~~/71y~N~l ~~ ~t Lake ~~ PROJECT VALUATION: $ 9 ~~ '~~~ `~o STREET ADDRESS O ~ ~ f .. ~ f e •~- PARCEL NUMBER(S): Lv a , ~ PARCEL SIZE (acres): C~• ~, Alf ~~t,~•4*~ PARCEL SIZE (square feet): LEGAL DESCRIPTION: y~+V[ PROPOSED USE(S): ` ff ~ DESCRIPTION OF REQUEST: ~ ~ , ® ~ ~ ~r ~~ Specifically identify the request (include number of units or square footage of non-residentiaC use and all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) SiPlanning Oepartmen6Applicalfon Formsldevelopment review120U6 FormslResidential Pnfili Project (FLp) 2o~fi.doc Page I of $ ~ ~ ~ ~ '1 ~` ~5 ~ ~ \) City of Clearwater Petition )For Annexation. Applicant: Peter C. & Eileen A. Kraaser on the followirig properties: TRACT 8 -- Lots 1,2,3 and a portion of Lot 4, Block 45, Unit No.l - Sec, A Chautauqua "On The Lake" Tax Parcel Number: 32/28/16/14922/045/0010 TRACT 7 -- Lots 14;13,12 and. a portion of Lot 11, Block 45, Unit No. l - Sec. A Chautauqua "4n The Lake" Tax Parcel Number: 32/28/16/14922/045/0010 TRACT 6 -- Aportion of Lot 4, and Lots 5,6&?,Block 45, Unit No. l - Sec.A Chautauqua "On The Lake" Tax Parcel Number: 32/28/16/14922/045/0010 and Tax Parcel Number: 32/28/16!00000/240/0150 TRACT S -- Lots 8,9,10 and a portion of Lot 11, Block 45, Unit No.l - Sec.A Chautauqua "On The Lake" Tax Parcel Number: 32128/16/14922/045/0010 and. Tax Parcel Number: 32/28/16/00000/240/0140 TRACT 4 -- That portion identified within the following tax parcel: ~ ~~~ Tax Parcel Number: 32/28/16/00000/240/0130 ~~ r TRACT 3 -- That portion identified within the following tax parcel: Tax Parcel Number: 32/28/16/00000/240/0120 TRACT 2 -- Lots 3,4,5 and 6, Block 49, Unit No, l - Sec.A Chautauqua "On The Lake" Tax Parcel Number: 32/28/16/14922/049/0030 and Tax Parcel Number: 32/2$/16/00000/240/0110 TRACT 1 -- Lots 7,8 and 9, Block 49, Unit No.l - Sec.A Chautauqua "On The Lake" ORIGIiVAI. Tax Parcel Number: 32/28/16/14922/049/0030 RECEIVEQ and Tax Parcel Number: 32/28/16/00000/240/0110 ~~~ 2 7 ~~~~ PLANf~1NG pEPARTMENT CfTY OF CLEAR~PdATER City of Clearwater Petition For Annexation I L Applicant: Mark Maconi Homes of Tampa Bay, Inc. on the following properties: TRACT 4 -= Lots 4,5,6&7, Block 46, Unit No.1 - Sec.A Chautauqua "On The Lake" Tax Parcel Number: 32/28/16/14922/046/0040 TRACT 3 -- Lots 8,9,10 and 1.1, Block 46, Unit No.l - Sec.A Chautauqua "On The Lake" Tax Parcel Number: 32/28/16/14922/046/0040 ORIGINAL RECEIVED AP'R 2 7 Z~~16 p~gNNING DEFARTMEN~T CfTY OF CLEARWA~ER u • ORIGINAL Proposed Agreement to Annex RE~EIVEe APP 2 7 20Q6 Memo to: Neil C. Thompson, Development Review Manager PLANING ~EpA,RTM~NT City of Clearwater CIN pF C~~AI2~'JA~ER From: Bill Sweetnam, Sand Dollar Development Corp. (Representative) Date: April 27, 2006 Re: Potential Annexation of Lake Chautauqua land parcel (10 acres +/-) cc: Stephen Doherty, Scott Race, Cky Ready, Steven Brown (City of Clearwater) Bret Krasman, P.E. (Krasman & Associates) Peter C. Krauser (Mark Maconi Homes of Tampa Bay) Mr. Thompson -- On behalf of Peter C. Krauser and Mark Maconi Homes of Tampa Bay, Inc., the owners of the subject overall 9.99 acre land parcels located along the eastern shoreline of Lake Chautauqua, I would like to summarize the annexation issues recently discussed with the City of Clearwater to date, with the intention of creating this written annexation agreement to accompany our application for annexation into the City of Clearwater. To date, we have met a total of three times with City representatives mentioned above, anal have described the current status of the land parcels, which are presently under Pinellas County jurisdiction Although our intention to annex is necessarily tied to City concurrence with certain Pinellas County-granted variances previously obtained for the property, it is our understanding that the ultimate goal will be mutually beneficial to all parties. Specifically, the eight (8} land parcels have been granted several variances before the Pinellas County Board of Adjustment, the specifics of these variances having been provided to Clearwater staff at our initial planning meeting on March 2 1, 2006. A copy of the application and Pinellas County approval letter is included herewith. In summary, we were granted the following: (1} a setback variance for two of the eight lots identified on our site. plan, Tracts 7 & R, so that these tracts would not have adouble-front setback from both First Street East, and the unimproved Second Avenue North and Third Avenue North. (2) A buffer wall height variance to allow us to construct certain buffer wall improvements (the location of which is identified on our variance application to Pinellas County} in excess of 6' in height, with column widths greater than l8" cross-section. Also, a private entry gate is to be installed at the end of Third Avenue North. (3} A variance from the minimum lot frontage requirements normally stipulated under Pinellas County "R-R" zoning. (4) In addition, due to the slight variations in minimum lot size requirements and yard setbacks between Pinellas County's R-R zoning and the City of Clearwater's LDR zoning designations, we will require that the City's LDR lot size and setbacks permitted for this project agree with the current Pinellas County designations which apply to the land, specifically: Minimum Lot Size in R-R: 16,000 sq ft, as compared to 20,000 sq ft in LDR. We wish. to recognize that for only two of the eight total Tracts, (Tracts 7 and S}, that the minimum lot size be reduced to 16,000 sq ft., and Setbacks: Pinellas County Front 25 feet Side 10 feet Rear 15 feet City of Clearwater Front 25 feet Side 15 feet Rear 25 feet ~RIGIIVAL RECEIVED ASR 2 '~ ~QO6 PLANNING ~EP~,RTMEIVT CI e'4° OF CLEARIP~ATER For all eight Tracts, that the applicable setbacks be as recognized by Pinellas County for R-R zoning. (Sj The applicants hereby request that the existing sanitary sewer line located near First Street East be extended by City of Clearwater to the property boundary, as a condition of annexation. This may take the form, of a reimbursement to the applicants of the actual cost of construction, upon successful completion and inspection of the sanitary line extension to the property line by applicants' licensed underground utility contractor. {6) During our discussions with City staff, we came to an understanding that since the subject property is part of an existing plat, that the development of the property will not entail the need for a new final plat. Road access to the land. parcels is via existing Pinellas County and City of Clearwater right of way, and the new, larger lots are based upon combinations of the existing residential lots and property falling within the boundaries of the original plat (Unit No. I - Sec.A Chautauqua Un The Lake, as recorded in Plat Book 9, Page 52 of the public records of Pinellas County). It is our desire that as a condition of annexation into the City of Clearwater, that all of the above conditions (some portions of which are more specifically outlined and stated in our Pinellas County Zoning Variance application. which was approved by the Pinellas County Board of Adjustment on December 8, 2005} be honored and applied to the subject parcel. We understand that a Flexible Development Application will. be required by the City of Clearwater as the necessary vehicle for requesting approval of the above variance items that were previously approved by Pinellas County, and to address any other flexible development standards required of our project. The final acceptance of annexation by the applicants will be based upon the success of this Flexible Development AApplication. DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED} SITE PLAN? YES _ NO ~ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5} SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA -Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. ,~J SCG qil/~rc~'1~+~ nGSA~~S~S 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings ar significantly impair the value thereof. 3. The proposed development wiN not adversely affect the health or safety or persons residing or v~orking in the neighborttood of the proposed use. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, inGuding visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. h RE _FI!/~n n o ~-Lf"V VY ti~~uv ~-- - C41Y OF CLEARWATER S:IPlanning DepartmenHApplication Formsldevelopment revievA2006 FarmslResidential In611 Project (FLDj 2006.doc Page 2 of 8 Flexible Development Application Written Submittal Requirements Answers to Questions 1 through 6 -- GENERAL APFLICABILTTY CRITERIA 1. The proposed project, which will consist of a total of eight single family lots, six of which are overall 1 acre in size, is designed as a low density residential use adjacent to Lake Chautauqua. The intent is to work within the lakefront setting.of the project to create a small enclave of private residences. Six of the eight residences will be fall within a private, gated neighborhood. Our project density will actually be less intense than some of the immediately surrounding properties, but with the property adjacent to Lake Chautauqua, the larger lots are needed to take into account environmental and flaodplain requirements. 2. The proposed project will in all likelihood potentially enhance of the values of surrounding properties, as this vacant land will constitute an "in-fill" development of primarily large single family homesites. The surrounding single family properties lie on somewhat smaller lots overall. 3. The proposed project will introduce only eight homesites on ten acres, and will be accessing existing city and county roadways. Existing City water and sewer utilities are readily available to the project, and are a primary reason for this annexation request. This rather low intensity of development will be harmonious with the existing surroundings. 4. A stated in Item 3, the proposed project will Drily introduce eight new homesites on ten acres, and will access existing city and county roadways. The project will extend an existing roadway to the project entrance within existing road right of way (Third Avenue North). S. The proposed project will well fit within the existing character of the community, by creating a lakefront setting just as other adjacent homesites and projects have done along the western shoreline of Lake Chautauqua. b. The proposed project will primarily sit back from the existing roadways and surrounding homes, and will reside on large oversized lots. A privacy buffer wall and electronic gate entry system serving six of the eight proposed. tracts will further buffer project impacts on adjacent and neighboring properties. ~RIGiIVAL RECEIVED APR 2 7 2006 Ptp,~IIVING DEPARTME(~T CIiY ©F C4-ERRW~TER - WRITTEN SUBMITTAL REQUIREMI=NTS: (Residential Infill Project Criteria} Provide complete responses to the seven (7) RESIDENTIAL iNFILL PROJECT CRITERIA -Explain how each criteria is achieved, in detail: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and development standards. ~I~s - ~ 2. The development of the parcel proposed for development as a residential jnfill project will not materially reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) 3. The uses within the residential infill project are otherwise permitted in the City of Clearwater. 4. The uses or mix of use within the residential infill project are compatible with adjacent land uses. 5. The design of the proposed residential jnfill project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 6. The design of the proposed residential infill project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. ©RIGINAL ost^F~vrn, APR 2 ~ 206 pI,41~i~ING DEPAI~TM~NT CITY OF CLEARI1UATfR S 1Planning DepartmenlVlpplication Formsldevelopment ieview~2006 FormslResidential Infill Project (FLD} 2006.doc Page 3 of 8 • i Flexible Development Application Written Submittal Requirements Answers to Questions 1 through 7 -- RESIDENTIAL IN-FILL PROJECT CRITERIA I. As outlined in the accompanying "Summary ofFlexible Development Request" (copy attached), the proposed project seeks to obtain certain variances for setbacks, minimum lot size, and far project boundary buffer walls, double-fronting lots, and private access gates for this private enclave of residential homesites. Please see the Summary of Flexible Development Request for the details of our request. 2. It is our strong belief that the project will generally enhance the fair market value of abutting properties, by bringing in present-day architecturally designed homes to an area which has had limited new construction over the past years. Existing value of the site: $1,500,000.00 Proposed value of the site: $9,500,000.00 3. The proposed project will be a single family neighborhood of eight homes, in complete character with the prescribed uses within the City of Clearwater's LDR zoning designation. 4. The proposed project of eight homes will work within bath the logical and practical uses as designated by the RS Residential suburban land use category. S. & f. The proposed project, which is tentatively being called "Chautauqua On The Lake" will create a modern day higher end residential neighborhood that will complement the natural setting of Lake Chautauqua and surrounding property, and will seek to provide aloes-impact, high quality private enclave for the future homeowners. 7. As discussed as part of the answer to Question 1, the requested flexible City standards seek only to incorporate and work with the overall design theme of this small private residential community. Also, the double-front setback variance and minimum lot size request pertains to only two of the eight tracts, and will enable these lots to more practically work. by offering the same anticipated home sizes in keeping with the neighboring six homesites that will back to Lake Chautauqua. ORIGINAL RECEIVED ~Y+~r 0 8 206 PLANNING DEPARTIviENT CITY OF CLEARWATER Flexible Development Application Summary of Flexible Development Request (1}Minimum Lot Size adjustment, from 20,000 square feet minimum lot size within the proposed LDR zoning designation, to 16,000 square feet for Tract 7 and Tract 8. {2) A Setback. reduction to 10 feet from 25 feet for Tract 7 and Tract 8, which are considered "double-fronting" lots, due to their fronting on both First Street East (to be considered as the front yard for setback purposes) and on unimproved Second Avenue N., and Third Avenue N., wherein the requested "side yard" setback of 10 feet will apply (3) A reduction in Rear Yard Setback from 2S feet to 15 feet for Tract 7 and Tract 8. (4) A reduction in Side Yard Setback from I5 feet to 10 feet for Tracts 1 through 6. (5) A buffer wall height variance to allow us to construct. certain buffer wall improvements (the location and details of which are identified as Exhibits `B-1' and `B-2') to a height of 6'~8" for columns and entry gate. The main buffer wall will be 6' in height. Column widths will be between 24" and 36" in width. A private entry gate will be constructed at the property boundary on Third Avenue North, for access to Tracts 1 through 6. The private gated entry and private driveway proposed will be maintained by the homeowners association. (6) A variance from any minimum public roadway lot frontage requirements for Tracts 1 through 6, as they will be served by the proposed private driveway. (7) A request that the City of Clearwater extend the existing sanitary sewer line located near First Street East to the property boundary at Third Avenue North. This may take the form of a reimbursement to the applicants of the actual cost of construction, upon successful completion and inspection of the sanitary line extension to the property line by applicants' licenses underground utility contractor. {8) Since the subject Tracts which comprise the approximate 10 acres of property are part of an existing Pinellas County plat, the applicant requests that no re-platting of the property be required as part of the site plan review process. The Tracts will be conveyed via the legal descriptions prepared and submitted. as part of this application, upon successful completion of related sitework improvements. ©RIGINAL RECEIVED SAY 0 8 2006 PLANNING DEf"E~~~'t~;~:~~?' CITY OF CLEARl~/,~TFF~ Fage 1 of 2 - -- Flexible Development Application Summary of Flexible Development Request 1VTinimurn .Lot ,Size variance Tract Current Proposed 7 ~ 20,000 sq ft 16,000 sq ft B 20,000 sq $ 16,000 sq ft Requested setback variances Tract Pront -.Side Rear 1 25 10 25 2 25 10 ~ 25 3 25 10 25 4 25 10 25 5 25 10 25 6 25 10 25 7 25 ~0* ~ ~~° 15 8 25 10* 15 * -- To be applied to :setback from'T3~ird Avenue North and'Second Avenue North ORiGlNAt " RECEIVED ~L#~NNING DEi'kF2TWiENT CITY OF CLEARWATER Page 2 of 2 • E. STORMWATER PLAN SUBMITTAL RE~QUIRIEMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must inGude a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ~RIGIi11A! ^ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. RECEIVED ^ At a minimum, the STORMWATER PLAN shall include the following; p tt C ^ Existing topography extending 50 feet beyond all property lines; ~r ~ 2 7 2U~U ^ Proposed grading including finished floor elevations of all structures; ^ All adjacent streets and municipal storm systems; PLAIVf~ING CEFi4RTMENT ^ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure ICY QF CLEARV,rA'TFR ^ A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ^ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ^ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ^ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ^ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR.. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ^ 51GNED AND SEALED SURVEY (including legal description of property) -One original and 14 copies; ^ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, siae (DBH 4° or greater), and location, including drip lines and indicating trees to be removed) -please design around the exfsfing trees; ^ TREE INVENTORY; prepared by a "certified arbolist°, of aA trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees;. ^ LOCATION MAP OF THE PROPERTY; ^ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; ^ GRADING PLAN, as applicable; © PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided}; ^ COPY OF RECORDED PLAT, as applicable; S:Wlanning DepartmentlApplication Formsldevelvpment reviewl?OD6 FormslResidential Infil4 Project (FLD) 2D06.dac Page 4 of 8 Flexible Development Application Item E. Stormwater Narrative The applicant has retained the services of Bret Krasman, P.E. of Krasman & Associates, Inc. to design and permit the proposed eight (8) homesites within a site plan to be entitled "Chautauqua On The Lake," for submittal to City of Clearwater and the Southwest Florida Water Management District (SWFWNID). It is the intention of the applicants to comply with all requirements for stormwater treatment and attenuation as necessitated by subsequent application to the City of Clearwater and SWFWNID. The site plans are being designed at this time, and will be submitted to the City of Clearwater and SWFWMU within a reasonable period of time, as it is the intention of the applicants to enable the City and S'WFWMD to review the plans for the property during the concurrent review of the Petition For Annexation and Flexible Development Application. ORIG1i~Al. RECEIVED ~1~~ ~'~ ~~~6 PLAi\lf~II~G DEPARTMENT CITY OF CLEARWATER G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): _ Index sheet referencing individual sheets included in package; ORIGINAL _ North arrow; RECEfVE[7 Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; t~ ~~~ 2 ~ 2~~~ All dimensions; Footprint and size of all EXISTING buildings and structures; pLAN~iING DEPARTMENT Footprint and size of all PROPOSED buildings and structures; CITY OF GLEARWATER All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanftary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening (per Section 3-201(D)(i) and Index #701}; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. ~ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces & driveways, expressed in square feet & percentage of the paved vehicular area; Officaal records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio {I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. EXISTING REQUIRE© 0 REDUCED COLOR SITE PLAN to scale (t3 %X 11); ~ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building Tines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; PROPOSED S1Planning DepartmentWpplication Formsldevelopment revievA2006 FormslResidential Infill Project (FLD) 2006.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL RE(~UIREMENTS: (Section 4-1102.A) LANDSCAPE PLAN with the following information (not to exceed 24" x 36"). All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; ORIGIj~gL RECEIVED APR 2 I X006 PLANNING DEPARTMENT CITY OF CLEARVJATER Delineation•and dimensions of all parking areas including-landscaping-islands and curbing;- _ Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of ad existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants inGuding instructions, soil mixes, backftlling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and inferior landscape coverage, exp-essing in both square feet and percentage covered; Conditions of a previous development approval (e.g. condRions imposed by the Community Development Board); Irrigation notes. REDUCED COLOR LANDSCAPE PLAN to scale (8'/z X 11 }; COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shalt exceed minimum Code requirements to offset the areas where minimum Code will not be met. BUILDING ELEVATION PLAN SUBMITTAU REQUIREMENTS: (Section 4-202.A23) ^ BUILDING ELEVATION DRAWINGS -with the following information; . Ali sides of all buildings; Dimensioned; Colors (provide one full sized set of colored elevations); Materials; Sight visibility triangles; ^ REDUCED BUILDING ELEVATIONS -same as above to scale on 8'/a X 11. J. SIGNAGE: (Division 19. SIGNS !Section 3-1806) ^ All EXISTING freestanding and attached signs: Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ^ All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ^ Comprehensive Sign Program application, as applicable (separate application and fee required). '^ Reduced signage proposal (8'/z X 11) (color), if submitting Comprehensive Sign Program application. S:IPlanning DepartmentlApplication Formsldevelopment revieW~2006 FormslResidential Infill Project (FLD) 2006.doc Page 6 of 8 i ORIGINAL '~ - REGFII/Fl1 I{. TRAFFIC IMPACT STUDY: {Section 4-202.A.13 and 4-801.C} ~~~ ~ ~ ~~a6 Q Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: PLANI~ifI~C UFF~RTMENT ^ Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. CIS ~' ~~ :~~ = "' ~ i~"MATER ^ Will generate 100 or more new vehicle directional trips per hour andlor 1000 or more new vehicle trips per day. ^ Wili affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer`s (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Swping Meeting° held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. ~ Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at ail intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to detem~ine if any upgrades are required by the developer due to the impact of this project The water supply must be able to support the needs of any required fire sprinkler, standpipe andlor fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. ~ Acknowledgement of fire flow calculations/waterstucty requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. Fire Flow Calculations/Water Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULAT1ONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. Ef you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made STATE OF FLORIDA, COUNTY OF PINELLAS in this appfcation are true and accurate to the best of my Sworn to and subscribed before me this~vs~day of knowledge and authorize City representatives to visit and i-i , A.D. 20 U t:n to me andlor by photograph the property described in this application. ~ -, 5..,.r n a k.. ,who is Dersonally known has produced .', a e i ri'~" p,,,, JONfJ J. DELANCEY Signature of p erty owner or representative ° p '~~ ~a EXPIRES: November 1, 2006 y Com expires: t BondedThN {~p~gry pablic UndeM'~iters '~'~e:F4`~'` - S:IPlanning DepadmentV\pplication Formsldevelopment revievA2006 FormslResidential Infill Project (FLDI 2006.tloc Page 7 of 8 • L~ N. AFFIDAVIT TO AUTHORIZE AGENT: i. Provide names of all property owners on deed - pF21NT full names: RECEIVED APR 2 7 2006 . ~~~t~ C. lCra~SP~ ., Rn P tV r n~ ~ `- i a ~ i- I C~EA42VJATER //~i-r ace a • /~ov~t_ ~ ~t- f 2. That (I am/we are) the owners}and record title holder(s) ofthe folEowing described property{address or general location): Gnt/sifae _~ OJ~1 ~+-~v S`V 3. That this property constitutes the property for which a request for a: (describe request) _ ~~L'.X4~/O'1... an ~ ...... C /v r: ~ G T. P.JI' l a e.~, tJt 7~ ' ~a ~ . ~ti ~~ ~ ~ F ~~ iPr~ : t c.7~ 4. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That a ,the undersigned authority,.hereby certify that the foregoing is true Property Owner ~ Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Befor me the undersigned, an officer duly commissioned by the_ laws of the State of Florid/a, on this day of ~c2~ personally appeared ~-t7~Gr 9~ ~~~~ /-Cyst r.3~.~ who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. '~~':^v'•• JOHN J. pELANCEY :e4'' ~; s.: .: MY COMMISSIQN # Di713[j480 ;~. a= EXPIRES: November 1, 2006 ,~p~ ~~;~`~ Bondatl Thru Notary Puhlk Underwriters Notary SeaUStamp Notary Pub'c Signature My Commission Expires: ll S:1Poanning ~epartmentlApplicalion Formsldevelopment reviecv12006 FormslResidenlia4lnfill Project (FLO} 2006.doc Page 8 of 8 a~7~`~ ~Er<~ ~1~~ CITY OF CLFARWATER APPLICATION FOR PLAT APPROVAL PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, I(JO SOUTH MYRTLE AVENUE, 2"' FLOOR PHONE (727)-562-4567 FAX (727) 562-4865 PROPERTY OWNER'S NAME e{' (~ VS ~-~ /Y~~- /Vi'4~c~N% '~',s, ADDRESS (?.S'~ ~ I ~~/.M aria-^ G 3YC PHONE NUMBER ,7//Z~]JJ- ! ~~o _ ~(00~ FAX NUMBER _7Z7~ ~~(a -'SZ2~ APPLICAIJTSNAME f'P_TFr" ~. K!'oiVSPr- ADDRESS S~,/VJ ~ PFIONE NUMBER ~SgM ~ FAX NUMBER ~ S4 /~'!~'_ AGENT NAME I, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS represen#ations made in this application Swom to and subscribed before m thiday of are true and accurate to the best of my ~~~ , A.D., to me and/or knowledge. / by ~ ~ E ,who is personally known #o r °yq~,, JOMN J. DELANCEY as ISSIgN # DD 130480 ' r has produced entifieation. . of owner or represen - op EXPIRES: November t, 2006 j.,,pF~ ~,+~ Banded Thru Notary Public Underv+dters N ary ommissian expir Fourteen (14~ copies of the preliminary plat must be submitted. The preliminary plat shall be prepared by a surveyor, architect, landscape architect or engineer drawn to a scale not smaller than 1: 100 and shall not exceed 24" X 36" and include the following information: NORTH ARROW, SCALE AND DATE; TITLE UNDER WHigi THE PROPOSED PLAT IS TO BE RECORDED, NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON PR>rPARING THIE PLAT; IDENTIFICATION CLEARLY STATING THAT THE DRAWING IS A PREL1MiNARY PLAT; LEGAL DESCRIPTION OF THE PROPERTY WfTH U.S. SURVEY SEC710N, TOWNSHIP AND RANGE LINES; EXISTING AND PROPOSED RIGFRS-OF-WAY AND EASEMEI~ITS; PROPOS® STREE r NAA~S~ NAMES, APPROPRIATELY POSITIONED, OF ADJOINING PLATS; ~ ~ ~P~~ Pape I RECEIVED JUN a 5 206 PLANNING DEPARTMEM CI1Y OF ClEARWATER J alwl>=NSIONS AND AREA OF THE FOLLOIMNG: C~ THE OVERALL PLAT AND EACH LOT STREETS RIGHTSOF-WAY, INCLUDING RADII OF CUL-DESACS; OOM6VfON OPEN SPACE OR OTHER LAND TO ~ DEAICATED FOR A PU[3iJC PURPOSE IF ANY. R~~EIVEp Pale 2 ~~ftl U ~ L{~oU PIAIdNING DEPAR'tl•~E(~ Cf1Y OF Cq~, ''I' ~ ~ CITE OP CI..EARWATER 99 ~ 4 PLANNING DEPARTMENT ~q ~' M[Jl1TICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, ~ FLOOR. PHONE (727-552-4567 FAX (727') 562-4576 INFORMATION REQUIRED FOR SUBMITTAL OF FINAL PLAT INSTRUCTIONS The final plat shall be suitable for recording at the office of the clerk of the circuit court. it shall be prepared and sealed buy a land surveyor registered by the state and shall conform with the requirements of Florida Statute, Chapter 777, and the requirements of this subsection. It shall be drawn at a scale of one inch equals 54 feet or other scale determined appropriate by the city engineer. The overall sheet size of the plat shall be consistent with the standards established by the clerk of the circuit court for recording. Each sheet shall be provided wi#h a one-inch margin on each of three sides and athree-inch margin on the left side of the plat for binding purposes. Eighteen (18) copies of the Final Plat must be submitted. ALL FINAL PLATS MUST CONTAIN THE FOLLOWING INFORMATION. NAME OF PLAT; LOCATION OF THE PLAT BY U.S. SURVEY SYSTEM AND POLITICAL SUBDIVISION, INCLUDING SECTION, TOWNSHIP, RANGE, COUNTY AND STATE; NAMES OF EXISTING STREETS ABUTTING RO GIVING ACCESS TO THE PROPOSED PLAT; ALL PLAT BOUNDARIES $ASED ON AN ACCURATE TRANSVERSE, WITH ALL ANGULAR AND LINEAR DIMENSIONS SHOWN. ERROR OF ENCLOSURE OF SUCH BOUNDARY SURVEY SHALL NOT EXCEED ONE FOOT FOR EACH 10,000 FEET OF PERIMETER SURVEY; ALL BLOCKS, LOTS, STREETS, CROSSWALKS, EASEMENTS AND WATERWAYS, WITHIN AND ADJACENT TO THE PLAT, ALL OF WHICH SHALL HAVE ALL ANGULAR AND LINEAR DIMENSIONS GIVEN AND ALL RADII, INTERNAL ANGLES, BEARINGS; POINTS OF CURVATURE, TANGENTS AND LENGTHS OF ALL CURVES, SO THAT NO DIMENSIONS OR DATA ARE MISSING WHICH ARE REQUIRED FOR THE FUTURE LOCATION OF ANY OF THE CORNERS OR BOUNDARIES OF BLOGKS, LOTS OR STREETS, AS LISTED ABOVE. WHEN ANY LOT OR PORTION OF THE PLAT IS BOUNDED BY AN IRREGULAR LINE, THE MAJOR PORTION OF THAT LOT OR PLAT SHALL BE ENCLOSED BY A WITNESS LINE SHOWING COMPLETE DATA, WITH DISTANCES ALONG SUCH LINES EXTENDED BEYOND THE ENCLOSURE TO THE IRREGULAR BOUNDARY SHOWN WITH AS MUCH ~RTAINTY AS CAN BE DETERMINED OR AS "MORE OR LESS", IF VARIABLE. ALL DIMENSIONS SMALL BE GIVEN TO THE NEAREST HUNDREDTH OF A FOOT. TRUE ANGLES AND DISTANCES SHALL BE DRAWN TO THE NEAREST ESTABLISHED OFFICIAL MONUMENTS, NOT LESS THAN THREE OF WHICH SHALL BE ACCURATELY pESCRIBED ON THE PLAT. THE INTENDED USE OF ALL EASEMENTS SHALL BE CLEARLY STATED. CURVILINEAR LOTS SHALL SHOW ARC DISTANCES, AND RADII, CHORp, AND CHORD BEARING. RADIAL LINES SHALL BE SO DESIGNATED. DIRECTION OF NONRADIAL LINES SHALL BE INDICATED; SUFFICIENT ANGLES AND BEARINGS SHALL IDENTIFY THE DIRECTION OF ALL LINES AND SHALL BE SHOWN TO THE NEAREST SECOND; ~~~.r~, 1I `® Pa~e3 JUN a ~ ~OQC PLANNING DEPARTMENT CiIY OF CLEARWATER i '~ ALL RIGHT-0F-WAY CENTERLINES SHALL BE SHOWN WITH DISTANCES, ANGLES, BEARINGS OR AZIMUTH, POINTS OF CURVATURE, POINTS OF TANGENCY, POINTS OF REVERSE CURVATURE, POINTS OF COMPOUND CURVATURE, ARC DISTANCE, CENTRAL ANGLES, TANGENTS, RADII, CHORD, ANp CHORD BEARING OR AZIMUTH, OR BOTH ALL EASEMENTS OR RIGHTS-0F--WAY PROVIDED FOR PUBLIC SERVICES OR UTILITIES, AND ANY LIMITATIONS OF SUGH EASEMENTS; ALL LOT NUMBERS AND LINES. LOT LINES SHALL BE MARKED WITH ACCURATE DIMENSIONS IN FEET AND HUNDREDTHS OF FEET, AND BEARINGS OR ANGLES TO STREET LINES; ACCURATE DESCRIPTIONS OF ANY AREA TO BE DEDICATED OR RESERVED FOR PUBLIC USE WITH THE PURPOSE INDICATED THEREON; TITLE, DATE OF SURVEY, GRAPHIC SCALE OF MAP AND NORTH ARROW. THE BEARING OR AZIMUTH REFERENCE SHALL BE CLEARLY STATED ON THE FACE OF THE PLAT IN THE NOTES OR LEGEND; PERMANENT REFERENCE MONUMENTS SHALL BE PLACED IN ACCORDANCE WITH REQUIREMENTS OF THE SATE OF FLORIDA; EACW PLAT SHALL SHOW A DESCRIPTION OF THE LANDS PLATTED, AND THE DESCRIPTION SHALL BE THE SAME IN THE TITLE CERTIFICATION. THE DESCRIPTION SHALL BE SO COMPLETE THAT FROM IT, WITHOUT REFERENCE TO THE PLAT, THE STARTING POINT AND BOUNDARY CAN BE DETERMINED; THE CIRCUIT COURT CLERK'S CERTIFICATE AND THE LAND SURVEYOR'S CERTIFICATE AND SEAL; ALL SECTION LINES AND QUARTER SECTION LINES OCCURRING IN THE MAP OR PLAT SHALL BE INDICATED BY LINES DRAWN UPON THE MAP OR PLAT, WITH APPROPRIATE WORDS AND FIGURES. IF THE DESCRIPTION 15 BY METES AND BOUNDS, THE POINT OF BEGINNING SHALL BE INDICATED, TOGETHER WITH ALL BEARINGS AND DISTANCES OF THE BOUNDARY LINES. IF THE PLATTED LANDS ARE IN A LAND GRANT OR ARE NOT INCLUDED IN 1HE SUBDIVISION OF GOVERNMENT SURVEYS, THEN THE BOUNDARIES ARE TO BE DEFINED BY METES AND SOUNDS AND COURSES. THE POINT OF BEGINNING IN THE DESCRIPTION SHALL BE TIED TO THE NEAREST GOVERNMENT CORNER OF OTHER RECORDED AND WELL-ESTABLISHED CORNER; ALL CONTIGUOUS PROPERTIES SHALL BE IDENTIFIED BY PLAT TITLE, PLAT BOOK AND PAGE OR, IF UNPLATTi=D, LANG SHALL BE SO DESIGNED. IF THE AREA PLATTED IS A REPLATTING OF A PART OR THE WHOLE OF A PREVIOUSLY RECORDED PLAT, SUFFICIENT TIES SHALL BE SHOWN TO CONTROLLING LINES APPEARING ON TH£ EARLl1=R PLAT TO PERMIT AN OVERLAY TO BE MADE AND REFERENCE TO THE. REPLATTING SHALL BI= STATED AS A SUBTITLE FOLLOWING THE NAME OF THE PLAT WHEREVER IT APPEARS ON THE PLAT; ALL LOTS SHALL BE NUMBERED EITHER BY PROGRESSIVE NUMBERS OR, IF IN BLOGKS, PROGRESSIVELY NUMBERED OR LETTERI=D IN EACH BLOCK, EXCEPT THAT BLOCKS IN NUMBER ADDITIONS BEARING THE SAME NAME MAY BE NUMBERED CONSECUTIVELY THROUGHOUT THE SEVERAL ADDITIONS; PARK, RECREATION AND OPEN SPACE PARCELS SHALL BE SO DESIGNATED; ALL INTERIOR EXCEPTED PARCELS SHALL BE CLEARLY INDICATED AND LABELED "NOT A PART OF THIS PLAT"; THE PURPOSE OF ALL AREAS DEDICATED MUST BE CLEARLY INDICATED OR STATED ON TH£ PLAT; WHEN IT 15 NOT POSSIBLE TO SHOW CURVE DETAIL INFORMATION ON THE MAP, A TABULAR FORM MAY BE USED. THE FOLLOWING DOCUMENTATION MUST BE SUBMITTED WITH THE FINAL PLAT: A TITLE OPINION OF AN ATTORNEY LICENSED IN THE SATE OR A CERTIFICATION BY AN ABSTRACTOR OR A TITLE COMPANY STATING THAT THE COURT RECORDS IDENTIFY THAT THE TITLE TO THE LAND AS DESCRIBED AND SHOWN ON THE PLAT IS IN THE NAME OF THE PERSON EXECUTING THE DEDICATION. IN ADDITION, A DOCUMENT ENTITLED CONSENT TO PLATTING OF LANDS AND PARTIAL RELEASE OF MORTGAGE SHALL BE FILED TOGETHER WITH THE FINAL PLAT FOR EACH PERSON OR CORPORATION Pale 4 R~GE~1/E~ ~uN o 5 zoos PLANNING QEPARTMENf CITY OF CLEARWATER HOLDING A MORTGAGE ON ALL LAND INCLUDED ON THE PLAT, WHERE SUCH PERSON HAS NOT SIGNED THE FINAL PLAT. THE TITLE OPINION OR CERTIFICATION SHALL SHOW ALL MORTGAGES NOT SATISFIED OR RELEASED OF RECORp NOR OTHER WISE TERMINATED BY LAW; CERTIFICATION BY A REGISTERED LAND SURVEYOR THAT THE PLAT REPRESENTS A SURVEY MADE BY THAT INDIVIDUAL, THAT ALL THE NECESSARY SURVEY MONUMENTS, LOT 51ZES AND LOT DIMENSIONS ARE CORRECTLY SHOWN THEREON, AND THAT THE PLAT COMPLIES WITH ALL OF THE SURVEY REQUIREMENTS OF CHAPTER 177 AND THIS DEVELOPMENT CODE. IMPRESSED ON THE PLAT AND AFFIXED THERETO SHALL BE THE PI=RSONAL SEAL AND SIGNATURE TO THE REGISTERED LAND SURVEYOR INCLUDING THE REGISTRATION NUMBER OF THE SURVEYOR, BY WHOM OR UNDER WHOSE AUTHORITY AND DIRECTION THE PLAT WAS PREPARED; A BOUNDARY SURVEY OF THE PLATTED LANDS. HOWEVER, A NEW BOUNDARY SURVEY FOR A REPEAT I5 REQUIRED ONLY WHEN THE REPEAT AFFECTS ANY BOUNDARY OF THE PREVIOUSLY PLATTED PROPERTY OR WHEN IMPROVEMENTS HAVE BEEN MADE ON 1}-IE LANDS TO BE REPLATTED OR ADJOINING LANDS. THE BOUNDARY SURVEY MUST BE PERFORMED AND PREPARED UNDER THE RESPONSIBLE DIRECTION AND SUPERVISION OF A PROFESSIONAL SURVEYOR AND MAPPER PRECEDING THE INITIAL SUBMITTAL OF THE PLAT TO THE 'LOCAL GOVERNING BODY. THIS SUBSECTION DOE5 NOT RESTRICT A LEGAL ENTITY FROM EMPLOYING ONE PROFESSIONAL SURVEYOR AND MAPPER TO PERFORM AND PREPARE THE BOUNDARY SURVEY AND ANOTHER PROFESSIONAL SURVEYOR AND MAPPER TO PREPARE THE PLAT, EXCEPT THAT BOTH THE BOUNDARY SURVEY AND THE PLAT MUST BE UNDER THE SAME LEGAL ENTITY; CERTIFICATION THAT ALL REAL ESTATE TAXES HAVE BEEN PAID; EVERY PLAT OF A SUBDIVISION OR CONDOMINIUM FILED FOR RECORD SHALL INCLUDE ANY REQUIRED DEDICATION BY THE APPLICANT. THE DEDICATION SHALL BE EXECUTED BY ALL OWNERS HAVING A RECORD INTEREST IN THE LAND BEING PLATTED, IN THE SAME MANNER IN WHICH DEEDS ARE REQUIRED TO BE EXECUTED. ALL MORTGAG>=E5 HAVING A RECORD INTEREST IN THE LAND PLATTED SHALL EXECUTE, IN THE SAME MANNER IN WHICH DEEDS ARE REQUIRED TO BE EXECUTED, EITHER THE DEDICATION CONTAINED ON THE PLAT OR 1N A SEPARATE INSTRUMENT JOINING THE RATIFICATION OF THE PLAT AND ALL DEDICATION AND RESERVATIONS THEREON IN THE FORM OF A CONSENT TO PLAT FROM ALL MORTGAGE INTERESTS ACCEPTABLE TO THE CITY ATTORNEY. WHEN A TRACT OR PARCEL OF LAND- HAS BEEN PLATTED AND A PLAT THEREOF BEARING THE DEDIGATION EXEGUTED BY THE DEVELOPER AND APPROVAL OF THE CITY HAS BEEN SECURED AND RECORDED IN COMPLIANCE WITH THIS DIVISION, ALL STREETS, ALLEYS, EASEMENTS, RIGHTS- OF-WAY AND PUBLIC AREAS SHOWN ON SUCH PLAT, UNLESS OTHERWISE STATED, SHALL BE DETERMINED TO HAVE BEEN DEDICATED TO THE PUBLIC FOR THE USES AND PURPOSES STATED THEREON, NOTWITHSTANDING ANY SEPARATE ACTION BY RESOLUTION OF THE CITY COMMISSION TO FORMALLY ACCEPT SUCH OFFERS Of DEDICATION; ANY EXISTING OR PROPOSED PRIVATE RESTRICTION AND TRUSTEESHIPS AND THEIR PERIODS OF EXISTENCE SHALL BE FILED AS A SEPARATE INSTRUMENT AND REFERENCE TO SUCH INSTRUMENT SHALL BE NOTED ON THE FINAL PLAT; AFTER A FINAL PLAT HAS BEEN APPROVED, THREE PRINTS OF AS-BUILT DRAWINGS SHOWING THE IMPROVEMENTS THAT HAVE BEE CONSTRUCTED ACCORDING TO THE APPROVED SUBDIVISION CONSTRUCTION PLANS AND A COPY OF THE FINANCIAL GUARANTEE FOR COMPLETION OF REQUIRED IMPROVEMENTS SHALL BE FILED WITH THE CITY ENGINEER BEFORE SUCH PLAT SHALL BE RECORDED. FINANCIAL GUARANTEE: UNLESS ALL REQUIRED IMPROVEMENTS HAVE BEEN SATISFACTORILY COMPLETED, AN ACCEPTABLE FINANCIAL GUARANTEE FOR REQUIRED IMPROVEMENTS SHALL ACCOMPANY EVERY PLAT WHICH I5 TO BE REGORDED TO ENSURE THE ACTUAL SATISFACTORY COMPLETION OF CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS WITHIN NOT MORE THAN TWO YEARS FOLLOWING THE DATE OF THE RECORDING, OR ONE YEAR IF SIDEWALKS ARE THE ONLY REQUIRED IMPROVEMENT TO BE COMPLETED FOLLOWING THE DATE OF RECORDING. AN ACCEPTABLE FINANCIAL GUARANTEE FOR REQUIRED IMPROVEMENTS SHALL BE IN AN AMOUNT NOT LESS THAN THE ESTIMATED COST OF THE IMPROVEMENTS, A5 APPROVED BY THE CITY r~~ s R~~E~VE~ JUN ~ 5 2~~~ PLANNING DEPARTMENT city nc rv eea~~eTee ~. ENGINEER, AND MAY BE REQUIRED 70 BE INCREASED IF THE CITY ENGINEER DETERMINES IT APPROPRIATE AND MAY BE REDUCED FROM TIME TO TIME IN PROPORTION TO THE WORK COMPLETEq AND MAY TAKE ONE OF THE FOLLOWING FORMS, SUBJECT TO THE APPROVAL OF THE CITY ENGINEER AND THE CITY ATTORNEY; CASH, TO BE HELD IN A SEPARATE ESCROW ACCOUNT BY THE CITY; OR AN IRREVOCABLE LETTER OF CREDIT WRITTEN BY A BANK CHARTERED BY THE SATE, THE UNITED STATES GOVERNMENT, OR ANY OTHER STATE OF THE UNITED STATES IF THE BANK IS AUTHORIZED TO DO BUSINESS IN TWE STATE OF FLORIDA, AND ACCEPTABLE TO THE CITY MANAGER. THE LETTER OF CREDIT SHALL INCLUDE AMONG OTHER THINGS, AN EXPIRATION DATE NOT EARLIER THAN ONE YEAR FROM THE DATE OF ISSUANCE; A PROVISION REQUIRING THE ISSUER OF THE LETTER OF CREDIT TO GIVE AT LEAST 30 DAYS WRITTEN NOTICE TO THE GITY PRIOR TO EXPIRATION OR RENEWAL OF THE LETTER; AND A PROVISION THAT THE LETTER IS AUTOMATICALLY RENEWED FOR A PERIOD OF TIME EQUALING ITS ORIGINAL TERM OF THE REQUIRED NOTICE IS NOT GIVEN; OR A SURETY BOND ISSUED BY A SURETY COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE. THE SURETY BOND SHALL INCLUDE, AS A MINIMUM, THE PROVISION REQUIRED FOR LETTERS OF CREDIT. P2~E f1 ~~~. ~d~~ Ju~ O ~ i~0~ P1AIdNING DEp,~ CITY OF CLEARWATER Lot # ~ ' ' Farcel~# .address Lot area I.~t ~~ idth Front Setback Side Setback Rear Setback 1Sll West: 10' {bldg) 1 /0010 1'79 ~ 579.84 South: 10' (bldg) ; East: 25' North: 10' % (78,158) preservation (bldg) ~ldg~__ 1.75 North: 10' (bldg) ' East 25' 2. /0020 (76 273) 535.38 West: 10 (bldg) ;South: 10' (bldg) jion pre , .. {b ~g .. 1.51 ~ North 10' (bldg) ' East 25' 3. ~ /0030 (65 896) 133 West: 10 (bldg) ~ South: 10' {bldg) preservation , _< t_.. (bldg) __._ ~ . .. 4 /0040 3 1.48 2750 3~d Ave 139 3 i North: 10' (bldg) West: 10' (bldg) ; ' East: 25' Preservation ({4,390) (bldg) ~ South: 10 5 /0050 ~ 1.43 ; 134 North: 10' (bldg) ~ West: 10' {bldg) ' East: 25' pres e ahon . ...... __ ( ) 62,263 _ ....._.. _____.~ ..~ .._..__.._. ; ._. .. _._...._.._.. South 10 (bldg) I _...__.._...._._........._... _ __.. b a _.._.. _... _..... __._ _ .. __ ....-_....__..-_w . .... ........._-._-......... _. _.. West: 10' (bldg) !, 6 /0060 1.'29 43 453 ;North: 10' (bldg} East: 25' N/A .: (56,025) . ;South: 10' (bldg) ~ preservation i (bldg) South.: 10' (bldg) E , 7. ~ /0070 103 '' East: 10' {bldg) :North: 10' (bldg) N/A ~ (15961) ~} .s . `West: 10' ~bld . ------_~__ __._.____ ____ ___ .~__.-___-_.___._._-_._.___ _-__.___ ...-_...~.... _. _ ~ , _ __„ .~ ~ North: 10' (bldg) 8. /0080 .37 103 East: 10' (bldg) ;South: 10' (bldg) ~ N/A (16 025) ' West: 10' (bld BOARf) OF COUNTY COMMISSIONERS John Morront -Chairman Kenneth T. Welch -Vice Chairman Ronnie ~. Duncan Calvin D. Harris Susan latvala Karen wElfiams Seel Robert B. Stewart December 9, 2005 p1f7~~~aS t®unt DEV EI.OPMENT REVIEW SERVICES Mark Maconi Homes of Tampa Bay, Inc. 31111 US Highway 19 North Palen Harbor, FL 34584 Re: Board of Adjustment Case No. BA-9=12-OS Parcel No. 32/28/16/14922/049/0030 Dear Applicant: Please be advised that by action of the Pinellas County Boazd of Adjustment on December 8, 2005, your request to permit development of this property with private roads where public roads are required, to ~rmit two proposed double frontage fats to have a l0 ft setback from the "side" line where a 25 ft setback is required, and to permit a gated entry, walls and columns over 6 ft in height and with a column cross section width in excess of I 8 inches at a zero front setback where a 25 ft front setback is required in an RR zone was conditionally approved, as follows: I. Applicant shall obtain all required permits including the appropriate impact and/or other fees. 2. Full site plan review. 3. The two lots shown on the submitted plan shall have a 10 ft. setback from the "side" lot lines. The applicant is notified thatthe Decision Letter Addendum {attached) explains standard Board con tttons;-policies and procedures which are a part of the official decision and conditions regarding your Boazd of Adjustment case. If you have specific questions, please feel free to contact us. Sincerely, The Pinellas County Department of Development Review Services cc: William ]. Sweetman Attachment BA05-00222 ®RIGIfVAI. RECEIVED APR 2 7 2Q~6 PL4NNfNG DEPARTMERIT _ CITY OF CLEARWATER PLEASE ADDRESS REPLY TO: 310 Court Street Clearwater, Florida 33756 Phone: {727) 464-3888 FAX: (727} 464-3981 TDD: (727} 464-4431 drsgroupQca.pi neflas.fl. us 1Nebsite: www.pinellascounty.org/DRS i Pinellas County Board of Adjustment Application for Public Hearing -Variance 10!26/05 Single Family Lots zoned "1~R", Lake Chautauqua, Pinellas County, FL APPLICATION QUESTIONS ~RIGIf~At. RECEIVED APR ~ 7 2006 I'LAN{VIIVG DEPARI'ME(VT Ci71( OF GLEI~,RVd,ATER 1. ®wner: Mark Maconi Homes of Tampa Bay, Inc. (As to Tracts 1, 2, 3 and 4) Mailing Address: 31111 US 19 North, Palm Harbor, FL 34684 Telephone Number: 727-786-1605 and (Jwner: Peter C. Krauser & Eileen A. Krauser (As to Tracts 5, b, 7 and 8) Mailing Address: 31111 US 19 North, Palm Harbor, FL 34684 Telephone Number: 727-786-1605 2. Representative's Name: William J. Sweetnam 11~Iailing Address: P.O.Box 454, Ozona, FL 34660 Telephone Number: 727-733-6888 2A. If the owner is a corporation, partnership, or trust, list all persons (i.e. partners, corporate officers, all members of the trust) who are a party to such, as well as anyone who may have a beneficial interest in the property which would be affected by any ruling in their application: Mark MacQni Homes of Tampa_BaX Inc. a Peter C. Krauser, President, Secretary ,~ , Specify interest held: Fee Simple 2B. Ts there an existing contract for sale on subject property? NO If so, list names of all parties to the contract including all partners, corporate officers, and members of any trust Is contract conditional or absolute? N/A 2C. Are there any options to purchase subject property? NIA If so, list names of all parties to option including all partners, corporate officers, and members of any trust? NIA 3. Hearing requested to consider: A X Variance or B~ Special Eaceptioa To allow the following: C~ variance: (A) A variance request to permit reduced public roadway frontage for certain large R-R Tracts, to be served in the alternative by a common private driveway. and (B) A variance to permit a reduced setback on two double-fronting Tracts, permitting a reduction from the standard 25' front setback on what will be considered the "side" lot line adjacent to existing road right of way (unimproved) >1Q a 10' side yard setback for Tracts 7 and Tract 8. and (C) A variance request for a gated entry with perimeter buffer wall and columns, wherein the columns will be over b" in height with a column cross section width in excess of 18". The planned gated entry will be located within 25' of existing road right oFway. C~ J 4. Location of Subject Property: The subject Tracts are located along the western boundary of Lake Chautauqua near First Avenue North, east of U. 5.19 and south of Enterprise Road in Clearwater, FL. (See Exhibit `A', Pages 1 tbru 3) 5. 6 Legal Description of Subject Property: See attached surveys of the subject Tracts 1 thru 8. Lot Size: Tract 1 = 1.79 acres Tract 2 = 1.75 acres Tract 3 = 1.51 acres Tract 4 = 1.48 acres Tract 5 = 1.43 acres Tract 6 = 1.29 acres Tract 7 = .37 acres (16,000 sq ft) Tract 8 = .37 acres (16,000 sq ft) A QRIGIf~AI QI:CEIV~D ~~'K ~ ~' ~~~~i ~~N pF CLt~~'d~ `RI G 7. 8 Present Zoning Classification: R-R Present Land Dse Plan Designation: RS Residential Suburban Present structures and improvements on property: Vacant land • 9. Proposed use of property will be: • Single-family residential homesites 10. We believe that the Board of Adjustment should grant this application because: (include grounds or reasons with respect to law and fact for granting the appeal, special excepfion or variance}. The applicants are presently planning for the subject property, a remnant of an old Pinellas County plat known as Chautauqua "On the Lake", to be reconfigured into a total of 81arge single family homesites generally complying with the zoning restrictions of the RR designation, with the following variance requests: Please note that the applicants have previously petitioned to vacate portions of older roadway rights of way that have enabled the configuration of the 8 large Tracts which comprise this particular variance request. The applicable road rights of way were successfully vacated through both Pinellas County and the City of Clearwater earlier this year. (Copies of Resolutions attached hereto) Variance (A) For Tracts 1 thru 6, which are all adjacent to each other, the intent is to create a decorative gated driveway entrance, common use private driveway and privacy wall as depicted on the attached site plan (see Exhibit KB-1 and B-2"). nth this configuration, several of the Tracts do not presently contain the normal roadway frontage for R-R zoned lots. The private driveway (20 ft wide asphalt} will create a logical means of access to the six Tracts, and will be designed to accommodate fire access concerns with fhe half-hammerhead terminations at both the north and south end of the driveway, The sliding gate entrance will contain the county-required Knox entry system for EMS and fire access. For Tracts 1 thru 6, the required roadway frontage in R-R zoning is ninety (90) feet. The current roadway frontage configuration of Tracts 1 thru 6 is as follows: Tract Y = 30 feet of roadway frontage ORICP~L ~~~~~~~~~ Tract 2 = 74.97 feet of roadway frontage Tract 3 ^ 30 feet of roadway frontage ~~'K 2 '~ ~~36 Tract 4 = 30 feet of roadway frontage Tract S = 30 feet of roadway frontage PLANNING DEP~4RTMEN~ Tract 6 = 213.87 feet of roadway frontage (©Kj CITY' OF GLEA,RiPJATER The applicants respectfully request the variance for minimum roadway frontage, based upon this planned .private driveway access for Tracts i thru 6. Upon approval of this variance request, the applicants will supply proof of a recorded ingress/egress easement across each subject Tract, 4: w. following the alignment of the common private driveway. At the time of initial building permit application, the common private driveway shall demonstrate compliance with standards for emergency access. Variance (B) For Tracts 7 and 8, both of these properties contain a double roadway frontage condition. Both Tracts will be constructed with homes facing the existing First Street East, with the adjacent roadway frontage on First Street East being considered the "front yard" (25' setback). The remnants of the platted but unimproved road right-of way adjacent to Tract 7 on the south side (Second Avenue North) and Tract 8 on the north side (Third Avenue North) poses a hardship, as by current code this setback is also considered a front yard setback of 25'. The applicants request consideration for designating the setback from unimproved Third Avenue North for Tract 7 and from unimproved Second Avenue North for Tract 8 at l0 feet, rather than 25 feet. The 10' wetback is the normal side yard setback designation within the R-R zoning classification. ORIGINAL. RECEIVED APR 2 7 2006 Variance {C) pLp,Rlf\lIf~IG DEPARTM!EI~T CITY OF CLEARV'JATER The applicants intend to construct a decorative entry access at the proposed main driveway entrance on Third Avenue North. The decorative entry features are comprised of a single sliding aluminum gate with a pair of wing walls located on either side of the main entry drive, combined with decorative columns to support the aluminum ingresslegress gate controlled by an electronic operating system. The included exhibits (see Exhibits `B-1', and `B-2') illustrate the relationship between the main entrance driveway and proposed location of the entry wing walls and buffer wall for the benefit of Tracts 1 thru 6. The entry gate and wing walls will fall technically within the 25' setback from road right- of-way, the road right-of--way in question being the platted but unimproved remnant of Third Avenue North. Concerping the height variance issues, for the buffer wall running along the western property tine, the actual wall sections will be 6' in height, but the decorative columns will be primarily 6'-8" in height, which exceeds the b' height maximum. in addition, the buffer wall columns have across-sectional dimension of 24" rather than the 18" standard, but are scaled to reinforce the entire architectural design of the proposed wall and entrance. 11. Has any previous application or appeal been filed in connection with this property i within the last two years? Nfl 12. Exhibits: See attached (Exhibits `A', `B-1' and `B-2'}. 13. Date Property Acquired: August 2004 and Qctober 2005 • 14. Does the applicant own any property contiguous to the subject property? NU 1 S. N/A (Question pertains to variance from minimum lotlparcel area requirements) 16. Have you been notified o€ a violation from:(various agencies listed) N4 ORIGINAL {2ECEIVED APR 2'7 2006 p~NNING DEPARTMENT CITY OF CLEARWATER ~ i CERTIFICATION I hereby certify that I am the owner and record title holder or trustee of the property described herein; that I have read and understand the contents of this application, and that this application, together with all supplemental data and information is a true representation of the facts concerning this request; that this application is made with my approval, as owner and applicant, as evidenced by my signature appearing below. It is hereby acknowledged that the filing of this application does not constitute automatic approval of the request; that the burden is on the undersigned to provide substantial and competent evidence to show that relevant criteria is met prior to any approval being granted; and further that f the request is approved, I will obtain all necessary permits and comply with all applicable orders, codes, conditions, and rules and regulations pertaining to the use of the subject property. I further understand that any misrepresentation of the facts contained herein may render action on this request by Pinellas County to be null and void. The issuance of a setback variance for an offer the fact stracture does not negate the requirement t© obtain a building permit or compliance with the current building code. Substantial improvements and/or engineering may be required by the Building Department for issuance of a building permit. ignature of Owner or Trustee *(See note below) Date: / STATE OF FLORIDA; COUNTY OF PINEI.LAS The foregoing instrument was acknowledged before me this..day of ~~~~/ __, 20j~ by ,~~ ~~cc ~ Sv ~" ~vho is known to me or has produced as identification and who did (did not) take an oath. Notary Public (seal) ~~~"" •°~%''•• JOHN J. DELAIYCEY ~_ _•; MY COMMISSION Ir DD 130480 Notary services are not provided by the Department of DRS. ~~~ ExPI~ES: November 1, zoos *Applications which are filed by corporations must bear the seal of the co off cer authorized to act on behalf of the corporation. ORIC~iN,P+L RkC~ila~f~ ~~-~~ 2'~ c~~6 P CITY OF CDEARVdA ERT 4 • • CERTIFICATION I hereby certify that I am the owner acid record title holder or trustee of the property described herein; that I have read and understand the contents of this application, and that this application, together with all supplemental data and information is a true representation of the facts concerning this request; that this application is made with my approval, as owner and applicant, as evidenced by my signature appearing below. It is hereby acknowledged that the filing of this application does not constitute automatic approval of the request; that the burden is on the undersigned to provide substantial and competent evidence to show that relevant criteria is met prior to any approval being granted; and further that f the request is approved, I will obtain all necessary permits and comply with all applicable orders, codes, conditions, and rules and regulations pertaining to the use of the subject property. I further understand that any misrepresentation of the facts contained herein may render action on this request by Pinellas County to be null and void. The issuance of a setback variance for an after the fact stricture does not negate the requirement to obtain a building permit or compliance with the current building code. Substantial improvements and/or engineering may be required by the Building Department for issuance of a building permit. Stg>Eiature of Owner or Trustee *(See note below) ' Date: U STATE OF FLORIDA; COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this~~~ay of ~~~-~ , 20(~ by ~~~~~ ~~ dfc~- who is known to me or has produced identification and who did (did not) take an oath. Notar (seal) Notary services are not provided by the Department of DRS. *Applications which are filed by corporations must bear the seal of the officer authorized to act on behalf of the corporation. ~^~ JOHN J. DEtANCEY ~`• ~': :.; :.__ MY COMMISSION # DD 130480 a EXPIRES: November 1, 2006 '•'Q, a ~ry,. Bondee Thru Notary Pudic UnOerwriien ORIGINAL RECEIVED APB 2'7 2006 PLANNING DEPARTMENT CITY OF CLEARVNATER as 4 • CERTIFICATION I hereby certify that I am the owner and record title holder or trustee of the property described herein; that I have read and rinderstand the contents of this application, and that this application, together with all supplemental data and information is a true representation of the facts concerning this request; that #his application is made with my approval, as owner and applicant, as evidenced. by my signature appearing below. It is hereby acknowledged that the filing of this application does not constitute automatic approval of the request; that the burden is on the undersigned to provide substantial and competent evidence to show that relevant criteria is met prior to any approval being granted; and further that f the request is approved, I will obtain all necessary permits and comply with all applicable orders, codes, conditions, and rules and regulations pertaining to the use of the subject property. I further understand that any misrepresentation of the facts contained herein may render action on this request by Pinellas County to be null and void. The issuance of a setback variance for as aker the fact stricture does not negate the requirement to obtain a building permit or compliance with the current building code. Sibstandal improvements aid/or engineering may be required by the Building Department for issuance of a building perini'it.~ .~~..:''`~•,, Signature of Owr-er or Trustee ' ~; •=;i ' _ - ` . ~~_~ - *(Seenote below) - `• ~ - s-'-' " -~ ~ Date: ~ ~~~ !~ OO-- - STATE OF FLOIZ.IDA; COUNTY OF PINELLAS ~~ ~~ The foregoing ins ent was acknowledged before me thisXi~ciay of Qcn~6a .'" , 20 U,'by ~ l ~~/% ~/_sP~'ho is known. to me or has produce identif cation and who did (did not) take an oath. as Notary Public ~, ,1pE{N~. pELANCEY ~4'~ ~ seal ( ) ' = _~; _ MY COMM1SSfON ~ DD 13048p ` ~'• ' = EXPfRES: November i, 2006 lE...r~~ •~ BaraedT' " ~~ Notary services crre not provided by the Department of DRS' °`~"P'~'cunaan~Me~s "" ~'"~'~ *Applicatians which are filed by corporations must bear the seal of the corporation over the signature of an officer authorized to act on behalf of the corporation. Q~RICIiVAL RECEIVED APR 2 7 2066 p1ANR11NG DI=PARTMENT CITY OF CLE~RVdATER 4 MOT PEAi7F0 ~av e ea~e77 * .p r Ar ~Ip~ „ i~'ai'y s~6eiS ' i ~ .el ~~ppn{ 1ER' a .... _._ ~._~ ~.._.._. ~R S ~9",58~'38'E 14 {.LC~ h ~E• 1Ea[TT 111 d23t M[!X ~A .. _ _.. a 1M SP ._... +caeu[a !a0 ~~i 1 PT. _r .._ .__ r0I tg. u4A {ARN 1N l/7Ytl{r0 I ~ dV _ iNF,/7 l cdc.pt ii ~E \~ ~~ II ~1U `~ ~.1 ri.rc ,..' qc~ yic',d \~. ,xx rt ~ 4 if ~ A _~.__ ,... ~~, I 1 ,1 ._ + kC.PT. + ss .inv. ~ _ .rm .m _..... .__Jrrr'V+. - +,, #fPr/~r la2ero ,n' wm vr~ ~I , 72a LY'a„~ a~ ,FOURTH AVEN ~~~ ~~qq~~ (n0 Rh /qT r-IIOY[ .. _...•OALCAT. 'CALC.PT: "_.______.., __'_"'___ LBI.~.._-_.._. .._._.__. ...._... I, ~ ~,h' ~,K ~ ~~ ~a a ,~ ~~ ,: II W ~~ ~~, __ - -. ,~s __ ~~ w ~ :i~~ 'dam ~ I; i i ---._. - ~ ~ --- ----- --__ cn +~' od I~e ~ ~ !p1 M{ pORm LE.E, {,E. M.f. /~, {ECTIw y-7l-,{ TRACT 1 re roans TRACT 2 .w{nc7la+At EEtwa I+u N 89'SO'41'W 7 1 ~ TRACT s am ~ '~y~ ~ N ~I ~ ~ - ~ _ _ `` _. _ -- ~ ~ x ,F TRACT 4 ~ C ~ ~i+ a/s/e eu+ ` ~' THIRD yw• , ' ' . lal lanoxo) a.{,{r (c> 100 P P ~ c e ~~ 02 E {_. sna S89'52 349.82 p„ ~I I ~ W00' 9it1p~ r01 WI ~ ,rp1 wf ~ ~A I i 1w f SIR °' _ ' f ~ E aar i I + TRACT 7 „ ~ ,~ ~: _~1 ` ~ ,I ~ ~s~ aeR I !TRACT 5 Z ' ' ' ~J °' i ~ ~++dor cj ' , 1 a N89 42 Nf 33 ~ ~ 3~. 1 j~ ~:? ~ --- '" ' ~ ~ , ~ c 8 3 ' , S89 ~ 2 E 1 tje ~ ~•4e' ~ s,aor' c S 9 3 . I ~ ~ ~ TRACT • B . ~ .. ~'~ I TRACT a ~.~: ~.~ • , rtl nh` N 8 ~$_4 48 w j~ ~. ~ ~ 289.48 u{.aeyc~ ~ ~ ru '~ s .n.•+ . C _ _ u'~ SECOND AVENUE NORTH °~" ' ~~ oclcP! N 89'5 ~ ~ ` (eo' +h rat {wo7.t o) ' ! ~ .~_-- - i k`~ > ~ ~~ ~~M ~onsm nua{ ~ x mrr. w w~ awa 5 nv9e~aY'E (+) 359.03' N 124 ~~ ~pT V,CF^{~AtC~ T u4 202,9 Q~P ~I,4 ~J G {.r.Ll' (E~ M.[- LGRH[~ Gd. 1/~ Z ~ cs~ us w ~ g N ~ ~ _ ~• W J Ld.! U U ~~' ~ ~ ~ _ 1 O 1. V .~ K ~,z ' • • 5TH AVE - 80 I 100 70 J R-R ~ m R-R 3RD AVE N 120 - w t- 70 1 2ND AVE N R-R R-R R-R R-R 2ND AVE N R-R R-R R-R UZ R-R UZ .. uZ R-R ,; _. R-R ~xl~~~,'~ ~9 i°Q ~ 2 0~3 . 1 ORIGINRL RECEI~E~ APB 2 ~°~ ~~~~ [ L.t~~ PLANNING DE~~""~t`~~= N7 CIN OF CL~K'ddATER r ~ ~'X ~~ I ~./~ // / / C ~ ~~~ RECEN ~ ARR 2'7 20Q6 p~ANNING DEPARTMENT CIN OF CLEARVdATER ~'/~>->j ~ ~1 n LUKE BROTHERS IlriC. LAN ~6GAPE $E I?V ICES 5532 AuLD LAniE • HOLIDAY, FL 34680 Phone (727)937-5448 Fax (727)937-6458 May 25, 2006 Mr. Bill Sweetnum Sand Dollar Development Re: Tree inventory for Lake Chatauqua -Tracts 1 ~-8 "Chatauqua on the Lakes" Bill, The Tree inventory was completed on May 23, 2006 for Section 32, Township 28 S and Range 16 E in Pinellas County Florida. The inventory is recorded by tract and plotted on the attached plan. if you have any questions, please contact me directly at 727-937-6448 ext. 230. Sincerely, Marie Dodson Aquatic & Env. Services Division Manager Luke Brothers, Inc. OR~GIfiIAL RECEIVED MAY 2 5 2006 PIANNIi~G DEPARTMEi~T CITY OF CLEARWi4TER f Tract 1 Tract 2 Tract 3 Tract 4 S ecies DBH Count DBH Count DBH Count DBH Count Oak 12" 18 12" 46 10" 34 Willow 10" 1 Mulber 8" 1 Palm 10" 4 10" 3 8" 7 Ba 10" 2 12" 2 Ma nolia Citrus 12" 1 Ear 10" 63 10" 10 10" 2 10" 2 S camore Pine 10" 18 16" 5 16" 6 Cedar Chinaber 12" 3 Ma to 8" 5 Pine 14" 6 18" 2 Dead Pine 1 Ma le 10" 14 10" 2 Ear 12" 12 12" 17 8" 3 Ear 18" 3 18" 1 16" 1 BP 10" 3 Palm 10" 2 Oak 14" 6 14" 12 12" 9 Total 99 90 70 6 8 Tract 5 Tract 6 Tract 7 Tract $ S ecies DBH Count DBH Gount DBH Count DBH Count Oak 10" 9 10" 5 10" 4 10" 4 Willow 8" 2 Mulbe 8" 1 8" 1 Palm 10" 9 10" 2 10" 8 Ba 12" 1 12" 3 Ma nolia 10" 1 10" 1 Citrus 6" 2 Ear 8" 4 8" 3 S camore Pine 10" 6 10" 3 10" 2 10" 2 Cedar g" 4 Chinaber 10" 2 Dead Pine 1 Oak 20" 6 Palm 12" 4 12" 3 Oak 12" 11 12" 3 12" 2 12" 1 Pine ~ 14" 10 Pine 22" 16 Total 4 6 32 25 33 ORIGIN,41 RECEI'1/ED MAY 2 ~ 2006 PlANNING DEEARTMENT CITY OF CLEARWATER . a. ~:~, -;- - . 1onJ~ j C7RIGIl~A,L RECEII/L~D APR 2 7 2006 PLANNING DEPARTMENT CITY OF CLEAR~'JATER THIS INSTRUMENT PR1rPARED BY AND RETURN TO: ROGER A. LARSON, ESGl. JOHNSON, POPE, BOKOR; RUPPEL & BURNS, LLP POST OFFICEBOX 13fi8 CLEARWATER, FL 33757-13fi8 KARLEEN F. DE BEAKER; CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 20D4315554 08/0512004 at 05:14 PM OFF REC BK: 13753 PG: 332-337 DacType:DEED RECORDING: 552.50 D 13OC STAMP: Sfifi50.OD SPEDIAL WARRANTY DEED THIS INDENTURE is made on 2004, between LAKE CHAUTAUQUA, INC., a Florida corporation ("G ntor"}, whose post office address is 1200 Gulf Boulevard, Unit 1403, Clearwater, Florida 33767, and PETER C. KRAUSER and EILEEN A. KRAUSER, husband and wife ("Grantee"), whose post office address is 2295 MacKenzie Court, Clearwater, Florida 33765. WITNESSETH: Grantor, for and in consideration. of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee°s heirs, successors and assigns forever, the following described land situated in Pinellas County, Florida: . SEE EXHIBIT "A" ATTACHED HERETO THIS DEED IS SUB,fECT TO: SEE EXHIBIT "B" ATTACHED HERETO -• -• Grantor does hereby fully warrant the title to said fund and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. The tax parcel numbers for the aforedescribed property are: 32/28/16/14922/045/001 "0 32/2/316/ 14922/045/0020 32/28/ 16/00000/240/0150 32/28/16/14922/045/0130 32/28/ 16/14922/045/0140 32/28/16/14922/045/0080 32/28/ 16/ 14922/045/0140 32/28/16/14922/049/0030 32/28/16/14922/049/0050 32J28/16/00000/240/fl 110 ORIGIi~1RL RECEIVED APR 2'7 2006 PIA~INING DEPARtMEMS CI'~Y OF CLE~RU'JATER IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and .year first above written. Signed, sealed and deliaered in the presence of: ~~~ ~~ Signature Print name Signature LAKE CHAUTAUQUA, INC., a Florida corporation Roy E. Shaffe , r. As its President (Corporate Seal) Print name -2- := i. STATE OF FLORIDA ) COUNTY OF PINELLAS ) -~ QRIGINAL . RECEIVED ASR 2 7 2006 PLANNING DEPARTMENT CITY OF CLFJ-4RVJATER The foregoing instrument was acknowledged be#ore me this ~ day of 2004, by ROY E. SHAFFER, JR., as President of LAKE. GHAU UQUA, INC., a Florida corporation, on behalf of the corporation. He [is personally known to me] [}mss-wed n]' Notary Public Print name: My Commission Expires: #322773 v1 - LakeChautauquaMaconiDeed ;a;=.ry'•. Andrea B. Bunker _.. •. '~~' ~' = M'f COMMISSION ar CC999864 EXPIiZES y•. •- May 23, 2x05 -~~~'~~`~ HONbED THRU TROY EAIN INSURANC4 INC -3- - ~ ORIG1NAI- . . REC~I~IED ASR ~z ~ zoas Exhibit "A" p~NN1NG DEPARSMEN~ GIiY OF CLF~R~AIER PARCEL 1: LOTS 1,2,3,4,5,6 & 7, BLOCK 45, UNIT NO. 1-SEC, A CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT TI~REOF AS RECORDED W PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PTNELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCELROAFNGAND EO ~TTP~r "t ~ OUNTYO, F1.ORIDA1BEiIVG ORE PART C5ULI,AROY DESCRRIBED ASOFOLLOWS$ SOUTH, CONIIvIENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH (60'12IW) AND THE WEST RIGHT OF W AX LINE OF LAKE SHORE DRIVE, BOTH BEING SHOWN ON THE PLAT OF UNIT NO. 1-SEC_A CI-iAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF pINELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH,S.$9°54'48"E., 80.87 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE; AND THE POINT OF BEGINNING; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 133.17 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1462.85 FEET, A CENTRAL ANGLE OF OS°12'57", (CHORD BEARING AND DISTANCE N.fl5°40'21"E., 133.12 FEET); THENCE LEAVING SAID EAST RIGHT-QF-WAY LINE, S.89°53'42"E.,189.75 FEET; THENCE SOUTH, 132.43 FEET TO THE EASTERLY EXTENSION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SAID SECOND AVENUE NORTFI (60'RfW); THENCE ALONG THE EASTERLY EXTENSION OF THE CENTERLINE OF RIGHT-OF-WAY FOR~SAID SECOND AVENUE NORTH, N.89°54'48"W., 202.91 FEET TO THE POINT OF BEGINNING- . PARCEL 2: LOTS 8,9,10,11,12,13 and 14, BLOCK 45, UNIT NO.1-SEC.A_ CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT TFIEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 114 OF THE NORTHWEST I/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE lb EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMIv1ENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH (60'R/W) AND THE WEST RIGHT-OF-WAY LINE OF LAKE SHORE DRIVE,BOTH BEING SHOWN ON THE PLAT OF UNTT~ NO.1-SEC.A CHALTTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINEL.LAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH, 5.89°54'48"E., 80.87 FEET TO THE EAST RIGHT-OF-WAY LANE OF SAID LAKE'SHORE DRIVE; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 133.17 FEET ALONG THE 'ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1462.85 FEET,. A CENTRAL ANGLE OF OS°12'57", (CHORD BEARING AND DISTANCENAS°40'21"E., 133.12 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE EASTRIGHT-OF-WAY LINE OF SAID LAIC SHORE DRIVE, NORTHERLY 133.07 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVII~IG A RADIUS OF 1462.85 FEET, A CENTRAL ANGLE OF OS° 12'43" (CHORD BEARING AND DISTANCE N.00°27'30"E., 133.02 FEET}; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, S.89°50'59"E., 188:69 FEET; THENCE SOUTH, 132.88 FEET; THENCE N.89°53'42"W., i 89.75 FEET TO THE POINT OF BEGINNING. PARCEL 3: LOTS 3,4,5,6,7,8 and 9, BLOCK 49, UNIT N0.1-SEC.A. CHAUTAUQLTA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, TOGE'T'HER WITH A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 114 OF SECTION 32, TOWNSHIP 2$ SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH {60'RJW) AND THE WEST RIGHT-OF-WAY LINE OF LAKE SHORE DRIVE; BOTH BEING SHOWN ON THE PLAT OF UNIT N©.1-SEC.A CHALiTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC • -~ ORIGINAL RECEIVED APR ~ 7 2006 PLANNING DEPARTf1~EN~ CIiY OF CLEARV'JATER RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH, S.89°54'48"E., 80.87 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 521.66 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 14b2.85 FEET, A CENTRAL ANGLE.OF 20°?5'S5" (CHORD BEARING AND DISTANCE N.Ol°56'08"W-, 518.90 FEET') TO A POINT OF COMPOi7ND CURVATURE; THENCE NORTHERLY, 13.50 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1535.72 FEET, A CENTRAL ANGLE OF 00°30'27" (CHORD BEARING AND DISTANCE N.11°50'06"W., 13.60 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTHWESTERLY 281.94 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE WEST' AND HAVING A RADIUS OF 1535.72 FEET, A CENTRAL ANGLE OF10°31'07" (N.17°20'53"W., 281.54 FEET) TO THE NORTH LINE OF THE SOUTHEAST 114 OF THE NORTHWEST 1J4 OF SAID SECTION 32; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST 114 OF THE NORTHWEST i%4 OF SAID SECTION 32, 5.89°58'38"E., 359.03 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH, 25934 FEET;L THENCE N89°50'41"W., 275.08 FEET TO THE POINT OF BEGINNING. ~?RIGIf~. . RECEIVEC7 APR ~'~ 206 PLAN~!!NG DEPARTMERIT << „ EXHIBIT Cli~(QE CI.E~RtpdATER 1. Taxes for the year 2004 and ail subsequent years. 2. Restrictions as contained in Deed recorded March 28, 2003, in O.R. Book 12632, Page 1261, public records of Pinellas County, Florida. 3. All notes, statements, easements and restrictions as shown and set forth on the . map or plat of Unit No. 1, Sec. A, Chautauqua, recorded in Plat Book 9, Page 52, public- records of Pinellas Gounty, Florida. -5- OWNER'S POLICY OF TITLE INSURANCE is~tted by Commonwealth Land Title Insurance Company POLICY NUMBER ~ LandAmeriea Commonwealth Land TitlelnsuranceCompanyisamemberofthe ~ ~ 2 - ~- 0? `~ ° 9 ~ Commonwealth LandAmericafamilyoftitleinsuranceunderwriters. SUBJECT TO T1iE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCI-iEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being. vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as_ insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHIEREOF, COMMONWEALTH. LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. ORIGINAL. RECEIVED COMMONWEALTH LAND TITLE INSURANCE COMPANY APR 2 7 2006 ~ - Attest: ~ By: pl.F,{,I~t ~,G D_~J,RTMENT ,~ ~a,--r~ j~/ Secretary President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. {a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii} the character,, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value witheut knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or {b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA Owner's Policy (t0/17f92) with Florida Modifications Form 1190-21 B ORIGINAL Valid only if Schedules A and B are attached - R64t1Vf:L- ~~ ~P~ 2 7 2Q~6 ., CONDITIONS AND STIPUL ' DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The Lability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. {b) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. ` (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including 9itigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for toss or damage until there has been a fiinal determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. i0. REDUCTION OF fNSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. !t is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or I'ten on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. ATiONS -continued PLANNING OE~ARTMI=NT CITY ~C3F ~L~R~W TES The Company shall be subrogated to and a anti led~a a I rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shalE transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proporion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without. limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by bath the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect. at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered In any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Mules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, .whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or vaEidating officer or authorized signatory of the Company. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been Post or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest. in the Company unaffected by , any act of the insured claimant. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. A11 notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Bax 27567, Richmond, Virginia 23261-7567. . ! ~~' . Policy of Title Insurance Commonwealth Land Title Insurance Company Schedule A Order Number: 41279285CA Policy Number: A02-1024994 Amount of Insurance: $300,000.00 Date of Policy: The date shown below or the date of recording of the instruments referred to in Item 3, whichever is the later. October 13, 2005 at 10:02 A.M_ 1. Name of Insured MARK MACONI HOMES OF TAMPA B AY, INC., a Florida corporation 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: MARK MACONI HOMES OF TAMPA BAY, INC., a Florida corporation, by virtue of Warranty Deed recorded in Official Records Book 14672, Page 1163, of the Public Records of Pinellas County, Florida_ 4. The Land referred to in this policy is described. as follows: (See attached Exhibit A for legal description) ORIGINAL RECEIVED Johns~~`, Pope, Bo or, Rup ei & Burn,,ss~LP -.,~'~ APB 2'7 2~~6 PLANNING DEPARTMENT 911 Chestnut Street CITY OF CLEARIPJATER Clearwater, FL 33756 This policy is invalid unless a cover sheet and Schedule B are attached. Exhibit A policy Number: A02-1024994 LOTS 4, 5, 6 and 7, BLOCK 46, UNIT NO. 1-SEC. A CHAUTAUQUA "ON THE LAKE" acordina to the map or plat thereof as recorded in Plat Book 9, page 52 of the Public Records of Pinellas County, Florida, Together with a parcel of land lying within the Southeast 1/4 of the Northwest i/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, And vacated rights of way tying adjacent thereto, being. further described as follows: Commence at the Northwest corner, Block 46, Unit. 1-Sec. A Chautauqua "On The Lake" as recorded in Plat Book 9, page 52 of the Public Records of Pinellas County, Florida; thence South 89°59'56" East, along the North line of said Block 46, 135.00 feet to the Northwest corner of Lot 11 of said Block 46; thence South 00°00'04" East, along the West line of said Lot 11, 103.16 feet to the Southwest corner of said Lot 11, also being the Northwest corner of said. Lot 4 and the POINT OF BEGINNING; thence South 89°50'50" East, along; the North line of said Lots 4, 5 and 7 and the Easterly extension thereof, 48352 feet; thence South, 133.16 feet; thence North 89°50'59" West, along a line 30 feet South of and paraltel with the South right of way line of Third Avenue North (60 foot vacated right of way per Resolution No. OS-108 as recorded in O.R. Book 14426, page 14) and the Easterly extension thereof, 483.52 Feet; thence leaving said South line, North 00°00'04" West, along the West line of said Lot. 4 and the Southerly extension thereof, 133.18 feet to the POINT OF BEGINNING. ~RIGIi~AL RECEIVED APfid 2 7 2a~6 PLP~NSVING DEPARTMENT CITY C)F CLEAR'~JATER Schedule B Policy Number_ A02-1024994 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)' which arise by reason of: 1. Easements or claims of easements not shown 1?ythe`Public Records, boundary line disputes, overlaps; encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 2. Taxes and assessments for the year 2005 and subsequent years. (NOTE: Taxes for the year 2004 were assessed under Tax LD. No. 32/28/16/14922/046/0040 and Tax LD. No. 32/28/16/00000/24010130 and have been paid:) (NOTE: The above tax assessments do not include vacated right of way, which is part of the insured premises, in that said rights of way were not vacated until July 20x5.) 3. Restrictions set forth in County Deed recorded in O.R. Book 12632, page 1261. 4. Easement in favor of Florida Power Corporation recorded in O.R. Book 3217; page 413. 5. Easement in favor of Florida Power Corporation recorded in O.R. Book 4744, page 878. 6. Notwithstanding the legal description in Schedule A, this policy does not. insure against rights of the State of Florida based on the doctrine of the state's sovereign ownership of lands lying below the ordinary high water line of any navigable waters. 7. Rights of upper and lower owners in and to the use of the waters of Lake Chautauqua and to the continued uninterrupted flow thereof. 8. Rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the publicly used area from the upland private area.. 9. Any land described in Schedule A which is artificially filled land in what was formerly navigable waters, is subject to the rights of the United States government, arising by said government's control over navigable waters involving navigation and commerce. 10. Any existing leases and or tenancies. NOTE: All recording references in this commitmenilpolicy shall refer to the Public Records of Pinellas County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Commonwealth Land Title Insurance Company Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FT, 32801 Telephone 407-481-8181. ORIGINAL RECEiVEQ RPR 2'7 Z0~6 pLANNII~~C D1EpARTNIEMT CITY OF Ci_ERIZWATER CONDITIONS AND t. DEFINITfON OF TERMS. The following terms when used in this policy mean: - (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, chose who Succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or.notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive. notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and Erom the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmentat protection liens filed in the records of the clerk of The United Slates district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTiNUAT10N OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only sa long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in savor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAlM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title tv the estate or interest, as insured, and which might cause loss or damage far which the Company may be liable by virtue of this policy, or (iii) if title to the estate or irterest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF tNSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those staled causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those. causes of action which allege matters not insured against by this policy. (b) The Company shall Have Ehe right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable io establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent STIPULATIONS jurisdiction and expressly rese s the right, in ifs sole discretion, to appeal from any adverse judgment or order.' (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shatl secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. When ever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary nr desirable to establish the Title to Ehe estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shakl terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable limes and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the lass or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. AA information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration pf 1he claim. Failure of the insured claimant to submit for examination under oath,. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shah terminate any liability of the Company under this policy as to chat claim. ii. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILifiY. in case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. .Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, ether than to make the payment required, shalk terminate, including any liability or obligation to defend, prosecute,. or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other panics for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or oihenvise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either o6 the options provided. for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or~blK~a~o defend, prosecute or continue any litigation. REGElVED APR ~'7 206 PLANNING DEPARTMENT G{TY OF GtEAR1AfATER I?Ff ~11/t=t9 OWNER'S POLICY OF TITLE INSURANCE .. Issued b Commonwealth Land Tltle Insurance Company pCITY aF CLF~,RVJATER Y POLICY NUMuBER '~ ~.andAme riea Commonwealth Land Tiffe Insurance Company is a member of the ~ O ~ - ~ ®~ 4 Commonwealth LandAmerica tamlly of title insurance underwriters. SUBJ~G7 TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; ' 4. Lack of a right of access to and from the Land. The Company also will pay the costs, attorneys' fees and expenses incurred in detense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WETNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and sea! to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized of#icer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: ~ By' Secretary President i EXCLUSIONS FROM COVERAGE The following matters are expressly excluded From the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a} Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations} restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;. (iii) a separation in ownership, or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or {iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless Halite of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suf#ered, assumed or agreed to by the insured claimant; (b) Hat known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing'to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or {b) the transaction creating the estate or interest insured by this policy being deemed a pre#erential trans#er except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA Owner's Policy (10/17/az) w~tn rionoa moamcauvns Fort~n y 190-21 B ORIGINAL V81id only if Schedules A and S are attached _ RE~EINED: ~~ ~ APR 2 7 2D06~ _ ~ CONDITIONS AND STIPULATIONS -continued P~.ANNI!'~C; DEE'~R'"f~~N~' /'•E^.rQ,l` ~k ("'4 t=~tataQn#~~.3r1? DETERMINATION AND EXTENT'OF L°IABIL'ITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only io the extent herein described. (a) The liability of the Company under this policy shalt not exceed the feast of: (i} the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy, (b) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. t3. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Data of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes th'e title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals there#rom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determinatian by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any. insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro lento. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule 6 or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. i2. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable withim30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation.. Whenever the Company shall have settled and paid a claim under this policy, ail right of subrogation shall vest in the Company unaffected by any act of the insured ciaimant. The Company shalt be subrogated to and be entitled to al! rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. kf requested by the Company, the insured claimant shalt transfer to the Company all rights and remedies against any person or property necessary in order to -perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these righ#s or remedies. If a payment on account of a claim does not fully cover the toss of the .insured claimant, the Company shatl be subrogated to these rights and remedies in the. proportion which the Company's payment -bears to the whole amount of the 9oss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. {b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bands, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded 1f agreed to by bath the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured, arising out of or relating to this policy, any service of the Company in cannection with its issuance or the breach of a policy provision ar other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator{s} may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a,whole. {b) Any claim of loss or damage, whether or not based. on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. {c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable taw, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES INHERE SENT. Ali notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567: Policy of Title Insurance Commonwealth Land Title Insurance Company Schedule A Order Number: 41279998CA Policy Number: A02-1024993 Amount of Insurance: $250,000.{}0 Date of Policy: The date shown below or the date of recording of. the instruments referred to in Item 3, whichever is the later. October 7, 2005 at 1:34 P.M. 1. Name of Insured MARK MACONI HOMES OF TAMPA BAY, INC., a Florida corporation 2. The estate or interest in the land described herein and- which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: MARK MACONI HOMES OF TAMPA BAY, INC., a Florida corparation,.by virtue of Warranty Deed recorded in Official Records Booh 14661, Page 1365, of the Public Records of Pinelias County, Florida. 4. .The Land referred to in this policy is described as follows: (See attached Exhibit A for legal description) Johnson Fope okor, ,ppel & B s, L P ~` -~ _ 911 Chestnut Street Clearwater, FL 33756 This policy is invalid unless a cover sheet and Schedule B are attached. oRrorr~ RECEdVI_D A~'i~ ~ 71~~6 P1Ai~I~ING DEP,ARTMt_NT CrTY Or+ CiEARWATER Exhibit A Policy Number: A02-1024993 Lots 8, 9, 10 and 11, Block 46, UNIT NO. 1, SEC. A CHAUTAUQUA "ON THE LAKE" according to the map or plat thereof as recorded in Plat $ook•9, page 52 of the Public Records of Pinellas County, Florida. Together with a parcel of land lying within the Southeast 114 of the Northwest 1/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, And vacated rights of way lying adjacent thereto, being further described as follows: Commence at the Northwest corner, Block 46, Unit 1-Sec. A Chautauqua "On The Lake'' as retarded in Plat Book 9, page 52 of the Public Records of Pinellas County, Florida; thence South 89°59'56" Bast, along the North Iine of said Block 46, 135.00 feet to the Northwest corner of said Lo[ 11 and the POINT OF BEGINNING; thence North 00°00'04" West along the Northerly extension of the West line of said Lot 11, 30.00 feet; thence South 89°50'41" East, along a line 30 feet North of and parallel with. the South right of way line of Fourth Avenue North (60 foot vacated right of way per Resolution No. OS-108 as recorded in O.R. Book 14426, page 14) and the Easterly extension thereof, 535.38 feet; thence leaving said line, South 3.23 feet; thence South 45°00'00" West, 73.34 feet; thence South 77.92 feet to a point on Easterly extension and the South line of said Lots 8, 10 and 1 l; thence North 89°50'50" West along said Easterly extension and the South line thereof, 483.52 feet to the Southwest. comer of said Lot 11; thence North 00°00'04" West, along the West line of said Lot 11, 103.16 feet to the POINT OF BEGINNING. ORIGINAL RECEIVED APR 2 7 2006 PLANNING DERARTM)=Nr CITY OF CLEARWATER E c Schedule B Policy Number: A02-1024943 This policy does not insure against loss ar damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Easements or claims of easements not shown by the Public Records, baundary line disputes, overlaps, encroachments, and any rnatters not of record which would be disclosed by an accurate survey and inspection of the premises. 2. Taxes and assessments for the year 2005 and subsequent years. (NOTE: Taxes for the year 2004 were assessed under Tax LD. Nos. 32/28116/14922/046)0080; 32/28/16/14922/046/0090; 32/28/16/14922/04610110 and Tax LD. No. 32/28/16/00000/240/OI20 and have been paid.) (NO'T'E: The above tax assessments do not include vacated right of way, which is part of the insured premises, in that said rights of way were not vacated. until July 2005.) 3. Restrictions set forth in County Deed recorded in O.R. Book 12632, page 1261. 4. Easement in favor of Florida Power Corporation recorded in O.R. Book 3217, page 413. 5. Notwithstanding the legal description in Schedule A, this policy does not insure against rights of the State of Florida based on the doctrine of the state's sovereign ownership of lands lying below the ordinary high water line of any navigable waters. 6. Rights of upper and lower owners in and to the use of the waters of Lake Chautauqua and to the cantinued uninterrupted flow thereof. 7. Rights, if arty, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the publicly used area from the upland private area. 8. Any land described in Schedule A which is artificially filled land in what was formerly navigable waters, is subject to the rights of the United States government, arising by said government's control over navigable waters involving navigation and commerce. 9. Any existing leases and or tenancies. NOTE: All recording references in this commitmendpolicy shall refer to the Public Records of Pinellas County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Commonwealth Land Title Insurance Company Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801. Telephone 407-481-$1$1. ORIGII~4L RECEIVED APB 2 ~ 2006 PLARINI4~G DEPARTMENT CITY OF CLEARWATER CONDITIONS AND STIPULATIONS • - 1. DEFINITION OF TERMS. The following terms when used in Ehis policy mean: (a) "insured°: the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant"; an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The tens "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interesC, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, inrst deed, or other security instrument. (f} "public records": records established under-state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect io Section t(a)(iv) of the Exclusions From Coverage. "public records" shall also include environmental protection liens filed in the retards of the clerk of the United States distract court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted #ram coverage, which would entitle a purchaser of She estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i} in case of any litigation as set forth in Section 4(a) below, (i) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title~or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this polity. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and wit[ not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at Its own cost, fo institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. Ii the Company shall exercise its rights under this paragraph, It shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i} in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settkement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to famish the required cooperation, the Company's obligations Eo the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, yr continue any litigation, with regard to the matter or matters requiring such cooperation: 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof o€ loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the tailure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend: prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, kedgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, ii requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability o€ the Company under this policy as to that claim. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attomeys' tees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations Eo the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay ar otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attomeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; ar ' (ii) to pay or otherwise settle with the insured. claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated.to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b}(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other th~~~~a,,,...r~~)tel~enls required to be made, shall terminate, including any liability or obltg~~~nv~o~defend, prosecute or continue any litigation. I~~If~C APR 2'7 Za~6 pLANN1NG DEPARTMENT C1N pF CLEARV"JATER OWNER'S POLICY OF TITLE INSURANCE American Land Title Association (10117!92) {WITH FLORIDA I~ODIFICATIOIVS} Issued by Commonwealth Land Title Insurance Company THANKYOU. Titie insurance provides for the protection of your real estate investment. We suggest you keep this policy in a safe place where it can be readily available for future reference. If you have questions about title insurance or the coverage provided by this policy, contact the office that issued this policy,. or you may call or write: Commonwealth Land Title Insurance Company ConsumerAffairs P.0. Box 27567 Richmond, Virginia 23261-7567 telephone, tot! free: 800 446-7086 web: www.landam.com We thank you for choosing to do business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. LandAmerica Commonwealth LandAmerica Financial Group, Inc. 101 Gateway Centre Parkway Richmond, Virginia 23235-5153 www.landam,com Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. "~ LandAmerica Commonwealth ORIGINAL OWNER'S POLICY OF TITLE INSURANCE ASR 2 7 ZQO6 isst,ed by Commonwealth Land Title Insurance Company PLj4~#NING ~EPARTNIENT POLTICnYFNU~MBERaT~R LandAmerica Commonwealth Land7i8elnsurance Companyisamemberofthe ~ O ~ - ~ O ~ ~ ~ ~ ~` Commonwealth LandAmerica familyoffitle insurance underwriters. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule ~A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; , 4. Lack of a right of access to and from the land. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized o#ficer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: ~ By. ~~ ~nz~,~ -~ ~ ~ Secretary President EXCLUSIONS FROM COVERAGE The fotlowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii} a separation in ownership or a change in the dimensions or area of the land or any parcel of which the [and is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof ar a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c} resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction. vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or {b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer, or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA Owner's Policy (10!17!92) with Florida Modifications Form 1190-21 B ORIGINAL Valid only if Schedules A and B are attached CONDITIONS AND STIPU DETERMINATION AND EXTENT OF LIABILITY. " This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: ('r) the Amount of Insurance stated in Schedule A; or, ___ (ii)- _ the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The Company wiEl pay only those costs, attorneys' fees arid expenses incurred in accordance with Section 4 of these Conditions and Stipulations: 8. APPORTIONMENT. If the land described in Schedule A consists of two or more. parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including IitigaGon and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) to the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for foss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not- be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of lass or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT, (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. _ ~ APR 2 7 2006 CATIONS -continued PLANNING DEPARTMENT CITY CbE GI.Efil~4°J6~TER The Company shall-be subrogated to and a entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant; the Company shall. be-subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured tp indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. . 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association-may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the Yaws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the sites of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can 6e made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. i6. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy. shall be deemed not to include that provision and all other provisions shall remaih in full force and effect. 17: NOTICES WHERE SENT. All notices required io be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. -_ Policy of Title Insurance Commonwealth Land Title Insurance Company Schedule A Order Number: 41215750CA Policy Number: A02-1024951 Reference Number: 43655.105395 Amount of Insurance: $950,000.00 - Date of Policy: The date shown below or the date of recording of the instruments referred to in Item 3, whichever is the later: AUGUST 5, 2004 AT 5:14 P.M. 1. Name of Insured PETER C. KRAUSER and EILEEN A. KRAUSER, husband and wife. 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: PETER C. KRAUSER and EII.EEN A. KRAUSER, husband and wife, by virtue of Special Warranty Deed recorded in Official Records Book 13753, Page 332, of the Public Records of Pinellas County, Florida. 4. The Land referred to in this policy is described as follows: (See attached Exhibit A for legal description) Johnson pe, B kor, Ru pel & Buzrrs', I;LP (3~IClNta,1 ~~~'r11E:'r'~ Liu 911 Chestnut Street Clearwater, FL 33756 PE.ARIMII~G D~P,4f2TMENT CITY 4F CLEARVJATER This policy is invalid unless acover-sheet and Schedule B are attached. ~~c~~~~~ _ APR 2 ~pp~ PLANNING DEPARTMENT Exhibit A CITY OF CLFAR~PJATER Policy Number: A02-1024951 PARCEL 1: LOTS 1,2,3,4,5,& & 7, BLOCK 45, UNIT NO. 1-SEC, A CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9; -PAGE 52; PUBLIC RECORDS OF PINELLAS COUNTY,,FLORIDA, TOGETHER_WITH_A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 114 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH (60'R/W} AND THE WEST RIGHT OF WAY LINE OF LAKE SHORE DRIVE, BOTH BEING SHOWN ON THE PLAT OF UNIT NO. 1-SEC.A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC. RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH,S.$9°54'48"E., 80.87 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE; AND THE POINT OF BEGINNING; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 133.17 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1462.85 FEET, A CENTRAL ANGLE OF OS°12.'57", (CHORD BEARING AND DISTANCE N.OS°40'21"E., 133.12 FEET); THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, 5.89°53'42"E.,189.75 FEET; THENCE SOUTH, 132.43 FEET TO THE EASTERLY EXTENSION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SAID SECOND AVENUE NORTH (60'R/W); THENCE ALONG THE EASTERLY EXTENSION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SAID SECOND AVENUE NORTH, N.89°54'48"W., 202.91 FEET TO THE POINT OF BEGINNING. PARCEL 2: LOTS 8,9,10,11,12,13 and 14, BLOCK 45, UNIT NO.1-SEC,A. CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 2$ SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH (60'R/W) AND THE WEST RIGHT-OF-WAY LINE OF LAKE SHORE DRIVE,BOTH BEING SHOWN ON THE PLAT OF UNIT NO.1-SEC.A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH, S.89°54'48"E., 80.87 FEET TO THE EAST RIGHT-OF-WAY LIINE OF SAID LAKE SHORE DRIVE; THENCE ALONG THE EAST~IGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 133.17 FEET ALONG THE ARC OF A CURVE CONCAVE 'TO THE WEST AND HAVING A RADIUS OF 1462.$5 FEET, A CENTRAL ANGLE OF 05°12'57", (CHORD BEARING AND DISTANCENAS°40'21 "E., 133.12 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY 133.07 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1462.85 FEET, A CENTRAL ANGLE OF OS°12.'43" (CHORD BEARING AND DISTANCE N,00°27'30"E., 133.02 FEET); THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, S,89°50'59"E., 188.64 FEET; THENCE SOUTH, 132.88 FEET; THENCE N.89°53'42"W., 189.75 FEET TO THE POINT OF BEGINNING. PARCEL 3 LOTS 3,4,5,6,7,8 and 9, BLOCK 49, UNIT N0.1-SEC.A. CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 2$ SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH (60'R/W} AND THE WEST RIGHT-OF-WAY LINE OF LAKE SHORE DRIVE, BOTH BEING SHOWN ON THE FLAT OF UNIT NO.1-SEC.A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTI-I, 5.89°54'48"E., 80.87 FEET TO THE EAST RIGHT-0F-WAY LINE OF SAID LAKE SHORE DRIVE; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 521.66 FEET ALONG _THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1462.85 FEET, A CENTRAL ANGLE OF 20°25'55" {CHORD BEARING AND DISTANCE N.O1°56'08"W., 518.90.FEET) TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY, 13.60 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1535.72 FEET, A CENTRAL ANGLE OF 00°30'27" (CHORD BEARING AND DISTANCE N.11°50'06"W., 13.60 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTHWESTERLY 281.94 FEET ALONG THE ARC OF SALD CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1535.72 FEET, A CENTRAL ANGLE OF10°31'07" (N.17°20'53°W., 281.54 FEET) TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST lf4 OF SAID SECTION 32; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST lf4 OF SAID SECTION 32, 5.89°58'38"E., 359.03 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH, 269:34 FEET;L THENCE N89°50'41 "W., 275.08 FEET TO THE POINT OF BEGINNING. ORIGINAL RECEIVED APR 2 ~ 2006 p~,Nf~IIVG [7EPART~IiEfVT CIT1( OF CLEARIPJATER Schedule B Policy Number: A[}2-1024951 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses}.which arise by reason of: Taxes and assessments for the year 2004 and subsequent years. (NOTE: Parcel 1: Taxes for the year 2003 were paid under the following Parcel Numbers in the corresponding gross amounts: 32/28/16/14922/445/0010 -Lot 1, Block 45 $201.76 32/28/16114922/045/0020 -Lots 2-7, Block 45 $3,617.90 32/28/16100000/240/0150 -Sectional Land - no taxes for 2003}. (NOTE: Parcel 2: Taxes for the year 2003 were paid under the following parcel Numbers in the corresponding gross amounts: 32/28/16/14922/045/0130 -Lot 13, Block 45 $201.76 QRIGl~9AL 32/28/16114922/045/0140 -Lot 14, Block 45 $139.86 t4ECEIVED 32/28/16/14922/045/0080 -Lots 8-12, Block 45 $2,425.69 32/28/16/00000/240/0140 -Sectional Land - no taxes for 2003). 2 p t~~R ~ ~ 2~~6 003 were paid {NOTE: Parcel 3: Taxes for the year under the following parcel numbers in the corresponding gross amounts: 32/28/16/14922/049/0030 -Lots 3&4, Block 49 $598.40 R'LAi~PVI~C D~Pp~TMENT 32/28/16%14922/049/0050 -Lots 5-9, Block 49 $1,251.82 C1T1( p~ CLEF,1ttf~ATER 32/28/lb/00000/240/0110 -Sectional Land -. no taxes for 2003). 2. Notwithstanding the legal description in Schedule A, this policy does not insure against rights of the State of Florida based on the doctrine of the state's sovereign ownership of lands lying below the ordinary high water line of any navigable waters. 3. Rights of upper and lower owners in and to the use of the waters of Lake Chautauqua and to the continued uninterrupted flow thereof. 4. Rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the publicly used area from the upland private area. 5. Any land described in Schedule A which is artificially filled land in what was formerly navigable waters, is subject to the rights of the United States government, arising by said government's control over navigable waters involving navigation and commerce. 6. Any existing leases and or tenancies. 7. Restrictions as contained in Deed recorded March 28, 2003 in Official Records Book 12632, Page 1261. $. All notes, statements, easements and restrictions as shown and set forth on the Map or Plat ofUNIT NO. 1, SEC.A, CHAUTAUQUA recorded in Plat Book 9, Page 52. 9. Mortgage from PETER C. KRAUSER and EILEEN A. KRAUSER, husband and wife to AMSOUTH BANK, dated August 4, 2004 and recorded August 5, 2004, in Official Records Book 13753, Page 338, of the Public Records of Pinellas County, Florida, in the original principal amount of $675,000.00.{As to Parcels 1 & 2) 10. Mortgage from PETER C. KRAUSER and EILEEN A. KRAUSER, husband and wife to LAKE CHAUTAUQUA, INC.,a Florida Corporation, dated August 4, 2004 and recorded August 5, 2004, in Official Records Book 13753, Page 350, of the Public Records of Pinellas County, Florida, in the original principal. amount of $180,000.00.(As to Parcel 3) NOTE: All. recording references in this commitmendpolicy shall refer to the Public Records of Pinellas County, FIorida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Commonwealth Land Title Insurance Company Regional Office, 201 South Orange Avenue, Suite 1.350, Orlando, FL 32801 Telephone 407-4$1-8181. 1. DEFINITION OF7ERMS. The following terms when used in this policy mean: ' (a) "insured': the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase inclutling, but not limitetl sa, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or °known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term °tand" does not include any property tieyond the-lihes of the area described-ar referred to.in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein steal! modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section t(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, net excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring. the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Pokicy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or Conveyance of the estate or interest. This policy steal! not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interesk, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extenC of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other. matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any ocher counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action. which allege matters not insured against by this policy. (b) The Company shall have the right, of its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest,. as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. II the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought art action or interposed a defense as required or pelTnitted by Ehe provisions of this policy, the Company may pursue any litigation to fine! determination by a court of competent ssly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shaft secure to the Company the right to. so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, sha8 give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall 'terminate, including any liability or obligation to defend, prosecute, or continue any .litigation,-with regard_to_the matter or matters requiring such _. _ cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the [acts giving rise to khe loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured, against by this policy which constitutes the basis of loss or damage and steal! -state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the porky shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, khe insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce. for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any Lability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWESE SETTLE CLAIMS; TERMINATION OF LIABIL[TY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the' Amount of Insurance. To pay or tender payment of the amount of insurance under this policy Eogether with any costs, atlomeys' fees and expenses Incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, alt liability and obligations to the insured under this policy, other than to make the payment required, ehali terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, atlomeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any casts, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shalt terminate, including any liability or obligation to defend, prosecute or continue any litigation. 4RIGIN~L R~CEIN~'~ APR ~'; ~~~~ PLANNING ~_~.~,~ " ~~':;~T NDITIONS AND STIPULATIONS ~. jurisdiction and expre ~.,,,,, rt .-.~ .. y t..~' ~~ w ~, ~~ ~ ~ cve ~ ~ _ (' W ~ ~ ~ ~ (,~ Oqe Q ~W ~ ~ ~ ~ s ~, Form 8119Q-2tB OWNER'S POLICI~ OF TITLE INSURANCE American Land Title Association {10117!92} {WITH FLORIDA MODIFICATIONS} Issued by Commonwealth Land Title Insurance Company Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. \ LandAmerica Commonwealth LandAmerica Financial Group, Inc. 101 Gateway Centre Parkway Richmond, Virginia 23235-5153 www.landam.com THANK YOU. Title insurance provides for the protection of your real estate invesfinent. We suggest you keep this policy in a safe place where it can be readily available for future reference. If you have questions about title insurance or the coverage provided by this policy, contact the office that issued this policy, or you may calf or write: Commonwealth Land Title Insurance Company Consumer Affairs P.0. Box 27567 Richmond, Virginia 23261-7567 telephone, toff free: 800 446-708fi web: www.Iandam:com We thank you for choosing ko do business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. \ LandAmerica Commonwealth ~ ~ PLT2006-00003 2750 THIRD AVE Date Received: 06/05/2006 CHAUTAZTQZJA ON THE LAKE ZONING DISTRICT: SAND ~[.TSE ATLAS PAGE: 233A PLANNER o~ REC®RD: ,IVY CLWCoverSheet MARK MACONI HOMES OF TAMPA BAY, INC. Invoice # Date Descri Lion 060106 06/01/06 d39 57424 Amount Discount Net Due 600.00 600.00 r 3 06/D1/D6 Clc #: 57`d23 CITY OF CLEARWATER Page 1 of I 600.DD ~~,p~a 6isi2ao6 ``I'' ~ Receipt #: 1.200600000000005773 3:37:23PM ~ =- Date: 06105/2006 r Line Items; Case No Tran Code Description Revenge Account No Amount Paid PLT2006-00003 Preliminary Plat 010-341240 600.00 Line Item Total: $600.00 Payments: Method Payer Initials Check No Contirm No How Received Amouut Paid Check MARK MACONI HOMES OF R_D s7424 In Person 600. TAMPA BAY INC Payment Total: $600.00 THIS IS NOT A PERMIT, This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cCieceipt.rpt Page 1 of 1 MARK MACONi HOMES OF TAMPA BAY, iNC. • ~ 7 p 1 g Invoice # Date Descri~ Amount Discount Net Due APP FEE 04/27/06 1,205.00 1,205A0 ORIGINAL RECENED A~f~ 2 '~ 2006 PLANf~lNG DEPARTMENT GI~V Ofi CLER,ROIJATER 04/27/06 Ck #: 5'7019 CITY OF GLEARWATER Page 1 of 1 1,205.00 SQL" 4!2712006 •tl~• ~ receipt #; X200600000000004437 3:2s:11PM - =` ` r Date: 04/27/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLD2006-04027 04 Flexible Commercial 010-341262 1,205.00 Line Item Total: $1,205.00 Payments: Method Payer Initials .Check No Confirm No How Received Amount Paid Check MARK MACONI HOMES OF RD_ 57019 In Person 1,205. TAMPA BAY INC Payment- Total: $1,205.00 . _ .. -- 4RjGIl•IAL ~ RECEIVED ~!~ . APR ~ '~ 1006 PLANNING DEPARTMENT CITE OF CL~RWATER THIS ES NOT A PERMIT. This is a receipt for an application far a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceipt.rpt Page 1 of 1 • • Sand Dollar Develo went Co P i'P ~` ORiGINAi. RECENED SEP 2 "f' 20D1 September 25, 2007 Mr. Wayne M. Wells City of Clearwater Planning Dept 100 South Myrtte Avenue Clearwater, FL 33756 RE; Fle~ble Development Application FLll2006-04027/PLT20Q6-Od003 "Chautauqua On The Labe" Dear Mr. VNells: RIANNfNG DEFARTFyiENT t;:RY OF CLEARWA~R On behalf of the applicants, the above referenced applications are hereby being withdrawn from consideration at this time. In addition, we are withdrawing the associated annexation request ANX2006- 04014 at this time . Your letter of September 4, 2007 is attached hereto for reference. Thank you for participation and cooperation concerning our initial plans, however market conditions dictate that we reconsider our options at this time. Should you have any further questions, l~indly contact me at 727-(i88-4670. Thank you. Sincerely, Bill Sweetnam President Enclosure Post Office Box 454, Ozona, Florida 34~i0 TEL: (727) 733-6888 • FAX: (727) 733-7599 • • ' ~ ~'yJ1.9~< ~ J °'o V$.1 ~i,l ~ ~~d =o ~~y~T ,y~ ~ 5 .~a a - O(r .~ ~1 ` ~.c~y~. ,~~ d~ ~-.:~~y~,g~~~ Qo °~~~~~11+ II4 p0 ~ooon u9 PIANNING DEPARTMENT I'I"Y CAF '~ I.E~.~W1~`T'~R POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BIfILDLNG, lO0 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx {727) 562-4865 William J. Sweetnam Sand Dollar Development Corp. PO Box 454 Ozona, FL 34660 Re: FLD2006-04027/PLT2006-00003 2750 Third Avenue, Clearwater, FL Dear Mr. Sweetnam: September 4, 2007 On April 27, 2006, the above applications were filed with this office. These applications are in conjunction with an application to annex into the City of Clearwater (Case No. ANX2006-04014), which is currently on hold. The Development Review Committee (DRC) reviewed these applications on June 29, 2006. My last correspondence for these applications was on January 29, 2007. No resubmittal has been received to-date. Unless a complete resubmittal of the necessary information (one original and 14 copies of the application package) is received by this office by noon on October 1, 2007, this application will be deemed withdrawn. Alternately, prior to this date you may submit a letter withdrawing this application from further consideration. Should you have any questions, feel free to contact me at 727-562-4504 or wayne.wells(a),myclearwater, com. Slinjcerely, ~~ Wa ne M. Wells, AICP Planner III S: (Planning Departmentl C D BlFLEX (FLD)lPending caseslReviewed and Pendtngl3rd Ave N 2750 Chautaugua on the Lake (LDRf - Ob-19-Ob (JYS - WW)lLetter to W. Sweetnam re status of application 9.9.07.doc FRAM{ HlBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNC€LMEMBER BILL JONSON, COUNCIIMEMBER CAREEN A. PETER$EN, COUNCELMEMBER ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" Forest Floor ~ • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, September 17, 2007 2:56 PM To: Clayton, Gina Cc: Porter, Catherine Subject: ANX2006-04014 Gina/Catherine - I sent a letter to the applicant on September 4, 2007, giving them until October 1, 2007, to submit a revised FLD2006-04027 application to get back into the pracess or the, application will be deemed withdrawn (or they could submit a letter of withdrawal earlier). Have not heard anything yet. Wayne -----Original Message----- Fram: Clayton, Gina Sent: Thursday, April 05, 2007 1:02 PM To: Wells, Wayne Cc: Porter, Catherine Subject: RF: ANXZ006-04014 What's the status of this case? thanks. -----Original Message----- From: Ready, Cky Sent: Wednesday, March 07, 2007 4:07 PM To: Clayton, Gina Cc: Porter, Catherine Subject: ANX2006=04014 Gina, I discussed the status of FLD2005-04027 with Wayne (who replaced John 5 as case planner}. It looks like we received a request for a six month extension on January 29, 2007. Wayne is going to contact the applicant and see where they are and what their wishes are at this point. Cky Ready Planner II City of Clearwater (727) 562-4553 9/17/2007 • Welts, Wayne From: Porter, Catherine Sent: Tuesday, September 04, 2007 2:31 PM To: Wells, Wayne Subject: RE: ANXZ2006-04014, 2750 Third Avenue Wayne, it is on hold, so no one has it assigned to them right now. Maybe you can update me on this tomorrow on the way to Orlando and I can make a decision???? -----Original Message----- From: Wells, Wayne Sent: Tuesday, September 44, 2007 7:39 AM To: Porter, Catherine Subject: ANXZ2006-04014, 2750 Third Avenue Catherine - Cky was the case planner for the above referenced application. f do not know who this application has been reassigned to in Long Range Planning. Could you let me know? I have sent a letter to the applicant requesting the companion cases FLD2006-04027/PLT2006-00003 to be resubmitted by October 1, 2007, to get these applications going, as nothing is happening. Thanks. Wayne Jan 29 07 12:18p ' Bil4 Sweetnam 727-733-7599 p.1 ~~ f i ' • i ' ; ' ~~~ TRANSIVIISSI~ N SAND DOLLAR DEVELOA.MF~YT CORD ' ' P.O,Box 454 • OZOww, FL 34680 t 727-733-6888 ~'ax: 7Z7-733-7599 " i i r To: Wayne Wells, Carty of Gearwater Date; January 29, 2407 i Fax #: 562-4865 Pages: 13, including; this cover sheet. Frnm: Bill Sweetnam Subject: Chautau9ua Qn The Lake (FL,D2006-44027} • i CONIlVCENTS: ~ ~ ~ Mr. Wells -- I just wanted to coir-rnunicate with you concerning my client's intention (Krauser Construction, Inc.) to request an extension of the ongoing case before the City of Clearwater far "Cha:~txuqua Qn The~Lake." Please see attached previous correpondence to our prior assigned city planner, John Schodtler. ' • How should we proceed with the request for a time extension? Will this email. su#Tice? Thanks. . Bill Sweetnarr~, President Sand Dollar Development Corp.: ~~r ~.r • 0 } _~_ U CITY OF. CLEARWATER I'I_.ANNIIiTG DEPARTMEliTT' 100 S. MYRTLE A'VE., 2nd Floor CLEAR'WATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 FAx: ?3~-: 7S9'~ Phone• ..tza FRAM: J o N ~ Su~o vrr.~trt. Phone: ~G ~ `" "~'~~'~] DATE: ~ 2 2 G D CO SUBJECT: Na~~ri c~. aF Pt~A~~1E.~, cNg,~6.~ " v~' `G~4515 ~~6 - 042'] . MESSAGE: ~Ln~r r' r.~r.4~~ ~~- ~y oZ.'1 . W C1'.~ ~ ~' L1 VLY1lJL' i~ Vl' 1 hl7r1ir7 X11\I~L U.l.lll tllT 11117 ~tlVL' J i ",~ . ~` Tr smiss~-ion Report Date/Time 12-26-06; 3:27PM - Local ID 7275624796 LOCa! Name - ~ Company Lo¢b This document was confirmed. ,;reduced samel~ and details I~elow) Document Size Letter-~ FAX COVER MEl1!~O crrY of CLFARWATF,~ . PLANNING DEPAR~'114E1VT - - .100 5. MYRTLE AYE,, 2°a Floor . CLEAR'WATER, FL 33756 (727) 562-45G7 FAX: (727) 562-4865 m •• 1~lL:L S~~,rm~n FAS~ ? 33- '? 4 ~ Fhonb: Fnonq: ~ o ~ Sca~ovra~t¢: ate: ~G~ : 9~.~7 DA'LT: 2. ~ ~ 6 b (o ; : lJo71G~s ' Q~ Gf A~l~ `' FbOZoOb n.vr . ea~.d 7a.? ~StL- L15D NUD4BEFt OF PAGTS(.In CLUDIIVG TICS FAGS Total Pages Scanned i Total Pages Confirmed - 7 NO. Doc Remote Station Start Tlme DU ratlOn Pages Mode Comments Results 1 302 97337599 72-26-D6; 3:26PM 23° ~/ a EC CP 28.8 Notes EC' Error Correct RE: Reseed PDc Polled by Remote MB: Receive to Mailbox BC: Broadcast Send MP: Multi-Poll PG: Polling a Remote PI Power Interruption CP: Completed RM: Recelve to Memory DR: Documen t Removed TM: Terminated by user HS: Host Scan HP: Host Print FO: Fprced Output WT: Waiting Transfer i-IF: Host Fax HR: Host Recelve FM: Forward Mailbox Doc. WSc Walting Send. - - ~ Page 1 of 1 Schodtler, John From: Schodtler, John Sent: Wednesday, November 15, 2006 1:58 PM To: 'WSweetnam@aol.com' Cc: Ready, Cky Subject: RE: Chautauqua On The Lake -project status r Bill: `, i With regards to the Flexible Development case, you will receive a six month no a vity letter on January 29, 2007. This letter will state that you have 30 days to address the remaining comments or the application will become withdrawn. You may request an extension of the Community Development Coordinator for your application. John Schodtler Planner II -----Original Message----- From: Ready, Cky Sent: Wednesday, November 15, 2006 9:20 AM To: Schodtler, John Subject: FW: Chautauqua On The Lake -project status -----Original Message----- From: WSweetnam@aol.com [mailto:WSweetnam@aol.com] Sent: Monday, November 13, 2006 8:17 AM To: Ready, Cky Subject: Chautauqua On The Lake -project status Cky....We have been basically on hold for a period of time on the project, but I wanted to see if any deadlines were approaching concerning the status of our applications (Flex Development and Annexation) wherein we would need to communicate to the City our wishes for time extensions, etc. Please let me know when you get the chance. Bill Sweetnam Sand Dollar Development Corp 727-688-4670 cell WSweetnam@aol.com 11/16/2006 Page l of 1 Schodtler, John from: WSweetnam@aol.com Sent: Wednesday, November 15, 2006 2:00 PM To: Schodtler, John Subject: Re: Chautauqua On The Lake -project status Thanks very much for getting back to me, John. f appreciate the explanation of procedure. Bill Sweetnam Sand Dollar Development Corp 727-688-4670 cell WSweetnam@aol.com 1 in~i2oa6 q u. August 14, 2flfl6 CITY OF CLEARWATER PLANNING DEPARTMENT Post Office Box 4748, Clearwater, Florida 33758-4748 Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephone (727} 562-4567 Fax {727) 562-4576 SAND DOLLAR DEVELOPMENT -WILLIAM SWEET POBOX454 OZONA, FL 34660 RE: FLD2006-04027 (Located at 2750 THIRD AVE) Dear : SAND DOLLAR DEVELOPMENT -WILLIAM SWEETNAM There has been no activity with regards to your application, case number: FLD2006-04027 in the last thirty (30) days. Please find attached comments related to this case that are still outstanding. Please contact our office with the status of your resubmittal prior to August 29, 2006 Please contact Sherry Watl~ins, at 727-562-4582 should you have any questions. Thank you for your assistance in this matter. Sincerely, John Schodtler, Planner II cc: File 30 Day No Activity Letter n ,r,~,'~~~ Conditions Associated With "`~ "'r~°~ ~ "' FLD2006-04027 ~,~~ - ,,~~' ~' 2750 THIRIJ AVE Engineering Condition Steve Doherty 562-4773 06/15/2006 Prior to CDB, please revise plan or acknowledge as applicable the following: 1. Sheet #2 will be reviewed when submitted as part flf a building permit application; no review/comment will be provided at this time. 2. Show sanitary laterals for Lots #1, #7, and #8. 3. Provide individual water service lines far Lots #7 & #8. 4. Minimum water main pipe diameter shall be 4-inches. 5. Loop water main along Fourth Avenue to First Street East. 6. Provide permanent blowoff assemblies at the extreme north and south ends of proposed water mains. 7. The City of Clearwater will provide water tap, and a B.F.P.D. (back flow preventor device) if applicable. Applicant is responsible for all associated fees and all other installation fees. 8. Construc# sidewalks along both sides of Third Avenue North and along at least one side of the proposed private street. Sidewalks shall be a minimum of four-feet wide or five-feet wide if at back of curb. Sidewalks and sidewalk ramps adjacent to or a part of the project shat! be designed and constructed consistent with City of Clearwater Contract Specifications and Standards Index #109, including the A.D.A. (Truncated domes per D.O.T. Index #304.) 9. Provide a copy of an approved health permit for the installation of the domestic water main prior to issuance of a building permit. The health permit applica#ion forms} can be found at: www.dep.state.fl.us/water/drinkingwaterlforms.htm 10. Provide a copy of an approved D.E.P. permit for the installation of the sanitary sewer extension prior to issuance of a building permit. 11. Ali sanitary sewer lines to be installed under pavement shall be epoxy lined (Protecto 401) ductile iron pipe. 12. Please delete "Repair of Pavement Cuts" detail, (pg.6) and use Index #104 of the City's Construction Standards. These standards can be found on our web site: www.myclearwater.com/gov/depts/pwa/engin/Production/stddet/index.asp . 13. Water meters for Tracts 7 and 8 shall be installed in the easement to avoid public water line being installed beneath proposed wall. 14. If the driveways for Tracts 7 and 8 will provide access from First Street East, the street shall be upgraded to provide a paved surface a minimum of 24-feet wide. 15. Provide a copy a County Right-of-Way Permit for all work proposed to be performed proposed to be performed in County rights-of-way. General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Underground Utilities John Schodtler 727-562-4547 Not Met 05126/2006 Revise site plans to show all utility facilities existing and proposed throughout the property served Not Met or to be served. Also note on site plans: All utility facilities, including but not limited to gas, water, wastewater collection, electric, telephone and television cables, except major transmission lines and transformers, shall be located underground. The city may require that existing aboveground utility facilities in the public rights-of-way be relocated and/or placed underground when the property which the utilities serve is redevekoped. Environmental Condition Heather Faessle 562-4897 06/13/2006 1. Please revise the narrative statement in the stormwater management report to read "Only and Not Met all exotic species will be removed with development of the site" and included this statement on the CaseConditons Print Date: 08/14/2006 Page 1 of 4 FLD2006-04027 2750 THIRD AVE Environmental Condition Heather Faessle 562-4897 site demolition plans. 2. Any activity conducted in the wetland buffer zone or wetland areas shall be done under the supervision of a certified environmental professional. All of the above to be resolved or acknowledged prior to CDB. Fire Condition James Keller 562-4327 x3062 06/19/2006 No Issue Land Resource Condition Rick Albee 727-562-4741 Not Met 06/20/2006 The tree inventory is incomplete. Provide the size, canopy, and condition of each tree. Once this Not Met data is received a thorough review can be conducted. At such time comments will be generated which may require modifications to the plans. No review will be performed until the inventory is received. Provide prior to CDB. 06/20/2006 Provide a Tree Preservation Plan prepared by a certified arborist, consulting arborist, landscape Not Met architect or other specialist in the field of arboriculture. This plan must show how the proposed building, parking, stormwater and utilities impact the critical root zones (drip lines) of trees to be preserved and how you propose to address these impacts i.e.; crown elevating, root pruning and/or root aeration systems. Other data required on this plan must show the trees canopy line, actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required), and the tree barricade detail. And any other pertinent information relating to tree preservation. Provide prior to building permit. 06/20/2006 Show all trees on all civil plan sheets prior to CDB. Not Met Parks 8 Recs Condition Debbie Reid 562-4818 06/15/2006 Open space/recreation impact fees are due prior to issance of building permits or final plat (if Not Met applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4824 to calculate the assessment. Storm Water Condition Bob Maran 562-4592 06/09/2006 Prior to CDB: Not Met 1. The engineer shall demonstrate that the construction of the retention pond berm will not adversely affect the 100 year flood plain. Prior to issuance of a building permit: 1. The applicant is to provide a copy of the approved SWFWMD permit. Solid Waste Service That service be arranged with the Solid Waste Department prior to the issuance of an Not Met occupational license or certificate of occupancy. Please contact Tom Glenn - 727-562-4930 Traffic Eng Condition Bennett Elbo 562-4775 06/15/2006 Provide improved alignment for westerly T-intersection . Not Met 2. Provide stop signs where necessary per current MUTCD standards. All of the above to be addressed prior to CDB. General Note: At building permit, driveways shall be a minimum of 18-feet in length measured from either the back of sidewalk or edge of roadway. General Note(s): Print Date: 08/14/2006 CaseConditons Page 2 of 4 FLD2006-04027 2750 THIRD AVE Traffic Eng Condition Bennett Elbo 562-4775 1) Comply with the current Transportation Impact Fee Ordinance and fee schedule. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. General Applicability Criteria #1 John Schodtler 727-562-4547 06/15/2006 Explain, How the proposed development of eight new single family homes (with reduced setback, Not Met lot size reductions, etc...) are in harmony with the scale, bulk, coverage, density, and character of ADJACENT properties? Reply to each seperately. '`'`Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. General Applicability Criteria #2 John Schodtler 727-562-4547 06/15/2006 Explain, How the proposed development of eight new single family homes (with reduced setback, Not Met lot size reductions, etc...) will not discourage or hinder the appropriate development and use of adjacent land and buildings or significantly impair the value thereof? *Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. We have no idea how small or large any of these homes will be. General Applicability Criteria #5 John Schodtler 727-562-4547 06/15/2006 Explain, How the proposed development of eight new single family homes are consistent with the Not Met community character of setbacks, lot size reductions, etc...with in the immediate vicinity? "*Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. General Applicability Criteria #6 John Schodtler 727-562-4547 06/15/2006 Explain, How the proposed development of eight new single family homes minimize adverse Not Met effects, including visual, acoustic, olfactory, and hours of operation impacts, on adjacent properties? Reply to each seperately. `*Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be nor their impacts to adjacent properties. Zoning Condition John Schodtler 727-562-4547 06/06/2006 Include in the site data table on page 4 the required and proposed Impervious Surface Ratios for Not Met all lots. 06/15/2006 Provide the existing and proposed values of the site to complete Residential Infill Project criteria Not Met #2. The one dated April 27 was left blank. Provide site data table for each lot. Not Met 06/15/2006 Explain how the two lots with lots area of less than 20,000 square feet are meeting Residential Not Met Infill Project Criteria #1. 06/15/2006 Provide typical building elevations if individual proposed plans are not available. Elevations Not Met should include all sides of the building, dimensions, colors, and materials. 06/15/2006 Note: Survey provided of entire property by Polaris has a coordinate incorrect. "S89 50'41 "E" Not Met should be "N89 50' 41"W". It is located on the north side of Forth Street along the south side of lot 3. 06/15/2006 Explain how 10 foot side setbacks for all lots is meeting Residential Infill Project Criteria #1. Not Met Provide 15 copies of a site plan with all the requirements listed in section G of the application. Not Met (page 5 of the application) 5/1/2006 Print Date: Ca 08/14/2006 seConditons Page 3 of 4 FLD2006-04027 2750 THIRD AVE Zoning Condition John Schodtler 727-562-4547 Provide locations of all driveways and sidwaiks on all plans. Not Met Provide locations of all accessory structures (swimming pools) on all plans. Not Met Residential Infill Criteria #1 John Schodtler 727-562-4547 06/15/2006 Clarify. Explain or demonstrate how the development or redevelopment of the parcel proposed for Not Met development is otherwise impractical without deviations from the intensity and development standards. **Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. Residential Infill Criteria #2 John Schodtler 727-562-4547 06/15/2006 Clarify. Explain how the development of the parcel proposed for development as a residential infill Not Met project will not materially reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) *Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. We have no idea how small or large any of these homes will be. Residential Infill Criteria #5 John Schodtler 727-562-4547 06/15/2006 Clarify. Explain how the design of the proposed residential infill project creates a form and Not Met function tha# enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.**Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. Residential infill Criteria #6 John Schodtler 727-562-4547 06/15/2006 Clarify. Explain how the flexibility in regard to lot width, required setbacks, height and off-street Not Met parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whale. `*Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. Print Date: 08/14/2006 CaseConditons Page 4 of 4 Aug. 14 2@@6 FJ3:12PM YOUR LOGO YOUR FAX N0. 7275624865 N0. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT Q1 97337599 Aug. 14 03:1@PM Q2'a1 SND 05 OK TO TURN OFF REPm2T, PRESS ' MENU' #I04. THEM SELECT OFF BY USING '+' OR '-'. FOR FAX AI?VANTAGE ASSISTANCE: PLEASE CALL 1-I~B0-+IELP-FAX C435-7329). LL~~ ~` CITY ~~F CLE~RWA,TER a : ~~~,~~r PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING ~ 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPI-TONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER.COM June 06, 2006 Sand Dollar Development -William Sweetnam P. O. Box 454 Ozona, Fl 34660 RE: PLT2006-00003 -- 2750 THIRD AVE -- Letter of Completeness Dear Sand Dollar Development -William Sweetnam The Planning Staff has entered your application into the Department's filing system and assigned. the case number: PLT2006-00003. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on June 29, 2006, in the Planning Department conference room -Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated. by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4547 or John. Schodtler@myclearwater.com. Sincerely yours, . j ~.~.`~ John Schodtler Planner II Letter ofCompleteness - PLT200d-00003 - 2750 THIRD AVR' LL ~'CIT~~ O{F CLE~RWATER o ~~~~,ter PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING ~ 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: {727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER.COM June 06, 2006 Sand Dollar Development -William Sweetnam P O Box 454 Ozona, F134660 RE: FLD2006-04027 -- 2750 THIRD AVE -- Letter of Completeness Dear Sand Dollar Development -William Sweetnam The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2006-04027. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on June 29, 2006, in the Planning Department conference room -Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will 'be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date far the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments maybe generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4547 or John. Schodtler@myclearwater.com. Sincerely yours, t~ John Schodtler Planner II Letter ofCompleteness - FLD200fi-04027- 2750 THIRD .4 YE ~ •. ~ Sun. 06 2006 08:30AM YOUR LOGO YOUR FAX N®. : 7275624865 NO. OTHER FACSIMILE 5TRRT TIME USAGE TIME MODE PAGES RESULT 01 97337599 Jun. 06 08:29AM 00'56 SND 02 OK TO TURN OFF REPORT, PISS 'MENU' #04. TF~I SELECT OFF BY USING ' +' OR ' -' - FOR FAX ADVANTAGE ASSISTANC~,•PLEflSE CALL 1-P-FAX C435-7329]. `~ ~CIT~' OrF CLE~RWA.TElI~ °~ e~~rwat~r May 26, 2006 PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING ~ 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER.GOM Sand Dollar Development -William Sweetnam P O Box 454 Ozona, Fl 34660 RE: FLD2006-04027 -- 2750 THIRD AVE -- Letter of Incompleteness Dear Sand Dollar Development -William Sweetnam The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2006-04027. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. A subdivision preliminary plat application is required. Please resubmit the preliminary plat application so it can be processed concurrently with the Annexation and Flexible Development application. (Application is attached -the fee is $600) -Only the plat plan was reed on 05/08/06 2. Provide 15 copies of a site plan with all the requirements listed. in section G of the application. (page 5 of the application) 5/1/2006 3. Provide setback dimensions to site plan (page 4). 4. Provide site data table for each lot. 5. Provide locations of all driveways and sidwalks on all plans. 6. Provide locations of all accessory structures {swimming pools) an all plans. 7. Remove all references to Pinellas County Codes from all plans. (Example: Site Data on Coversheet). Section 4-202 of the Community Development Code states that if an application. is deemed incomplete, the deficiencies of the application. shall. be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed , complete. Please resubmit by Tuesday, June 6, 2006 (1.2:00 noon). If you have any questions, please do not hesitate to contact me at 727-562-4547 or John. Schodtlcr@myclearwater. com. Sincerely yours, John Schodtler Planner II Letter of]ncompleteness - FLD2006-04027 - 2750 THIRD.4YE ~~~ ~~r~5 ,. wI ~a.c S r,: . May. 26 2085 02:37PM YOUR LOGC] YQUR FAX ND. 7275624865 ND. DTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT Q1 97337599 May. 26 02:36PM 80'4D SND 01 DK TD TLA~I OFF RH"IlF2T, PRESS ' MENIJ' #04. TF~I SELECT OFF BY USING. ' +' OR ' -' . FOR FAX ADVANTRGE ASSISTANCE, PLEASE CALL 1-~FiELP-FAX 0435-73291. Sand D®l~ar Development Corp. May 8, 2006 Mr. Sohn Schodtler City of Clearwater Planning Dept 100 South Myrtle Avenue Clearwater, FL 33756 ItE: Flexible Development Application -Supplemental Information "Chautauqua Ou The Lake's Dear Mr. Schodder: On behalf of the applicants, attached hereto are bftcen (15j copies of requested supplemental information to accompa~ the submitted Flexible Development Application for the subject 10 acre parcel entitled "Chautauqua On The Lake." l have included further explanatory notes and a table depicting various setback requests as they apply to certain of the Tracts within the proposed project. Also included, as requested, is a copy of the proposed Preliminary Plat for the project. Should you requiare az~y additional information, kindly contact me at 727-688-4670. Thank you. Sincerely, ill Sweett~ani President Enclosure ®RIGINAiI. ~E~EIVE~ MAY o ~ 106 PIANRIIi~C ~EPAFt`i~IIEIVT ~IiY CiF ~LEARWATEI~ Post Office Box 454, Ozona, Florida 34660 TEL: (727) 733-d$88 • FAX: (727) 733-7599 »: , r i LL CITY OF CLEARWATER > ~ ~~,~,~~~ PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING ~ L00 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER.COM May 03, 2006 Sand Dollar Development -William Sweetnam P O Box 454 Ozona. Fl 34660 RE: FLD2006-04027 -- 2750 THIRD AVE -- Letter of Incompleteness Dear Sand Dollar Development -William Sweetnam The Planning Staff has entered your application. into the Department's filing system and assigned the case number: FLD2006-04027. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. ~ I. Complete (initial) the :'Acknowledgment of Stormwater Plan Requirements" portion of the application. See page 4 of the application, letter E, Stormwater plari submittal requirements. [! 2. Provide two copies of a TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) -please design around the existing bees; ~[ 3. Provide two copies of a TREE INVENTORY; prepared by a "certified arborist", of all trees S" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; 4. A subdivision preliminary plat application is required. Please resubmit the preliminary plat application so it can be processed concurrently with the Annexation and Flexible Development application. (Application is attached -the fee is $600)' [~, 5. Provide 15 copies of a site plan with. all the requirements listed in section G of the application. (page 5 of the application) . 6. Provide building elevations.. 7. Complete (initial} the "Acknowledgement of Traffic Impact Study Requirements". Page 7, Section K of the application. [~ 8. Complete {initial) the "Acknowledgement of Fire Flow Calculations/WaterElow Study Requirements". Page 7, Section L of the application. Section 4-202 of the Community Development Code states that. if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by Friday, lvlay 5, 2006 (4:00 pm). If you have any questions, please do not hesitate to contact me at 727-562-4547 or John. Schodtler@myclearwater.com. Sincerely yours, Letter of lncomplelerress - FLD2006-04027 - X750 THIRD AVE • ~J FAX COVER MEMO CITY OF CLEAR~-~VATER PLAN~ITING DEPARTMENT 100 S. MYRTLE AVE., 2~'a Floor CLEARWATER, FL 33754 (727) 562-4567 FA7~: (727) 562-4865 TO: ~ ~. !~ 51-~.Ti.~M FAX: ?33 - X14 FROM: Jt~-4+1~ ~c.4-~~Tt.~tt.. ~ Phone: DATE: OSO80 Gs SUBJECT: L~.EIA u-r A~lCil~- or.~'i Nom, 1.. n Dom, ~,~,.:~.,...- n,~vw,,.s..~P t ~vl.r6~ ~ ~s.~. ~.,~.a~r- -~ F - ~5 ~ 0 (v ~ 1 2 M79tr~' t,'v u.•~, c,ati. w-.-u c-~..e-~ er- t,Q~aw_ r,.e.~~- c.~.rZ-~~ . NUMBER OF PAGES(INCLUDING THIS PAGE) May. O8 2886 12:33PM YOUR LOGO YOUR FAX NO; 7275624865 NO. OTHER FACSIMILE START TIME ~ USAGE TIME MODE PAGES RESULT 01 97337599 May. 08 12:32PM 00'54- SND 82 DK TO TURN OFF REPORT, PRESS 'MENU' #t84. THEN SELECT C]F F $`o' LPS I NG ' +' OR ' -' - FOR FAX RBVANTAC~E ASSISTANCE: PI-E~E CALL 1-I~-HELP-FAX C435--7329] . LL ~ r~ L • WA o, CITE' OF C EAR TES. F ~~,~~~~ PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING ~ 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727} 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER.COM May 03, 2006 Sand Dollar Development -William Sweetnam ~ °X~ P O Box 454 ~~~ Ozona, Fl 34660 ~ o~ s~ RE: FLD2006-04027 -- 2750 THIRD AVE -- Letter of Incompleteness °V~ ~ ~ ~~ Dear Sand Dollar Development -William Sweetnam : ~ The Planning Staff has entered your application into the Department's filing system and assigned the ~ case number: FLD2006-04027. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Complete (initial) the "Acknowledgment of Stormwater Plan Requirements" portion of the application. See page 4 of the application, letter E, Stormwater plan submittal requirements. 2. Provide two copies of a TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) -please design around the existing trees; 3. Provide two copies of a TREE INVENTORY; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; 4. A subdivision preliminary plat application is required. Please resubmit the preliminary plat application so it can be processed concurrently with the Annexation and Flexible Development application. (Application is attached -the fee is $600) 5. Provide 15 copies of a site plan with all the requirements listed in section G of the application. (page 5 of the application) 6. Provide building elevations. 7. Complete (initial) the '"Acknowledgement of Traffic Impact Study Requirements". Page 7, Section K of the application: 8. Complete (initial) the "Acknowledgement of Fire Flow Calculations/Water Flow Study Requirements". Page 7, Section L of the application. Section 4-202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by Friday, May 5, 2006 (4:00 gm). if you. have any questions, please do not hesitate to contact me at 727-562-4547 or John. Schodtler@myclearwater. com. Sincerely yours, ~~ Ltryvr~~~ Letter of Incompleteness - FLD2006-04027 - 2750 THIRD AVE • r ~ __ ~ May. 03 2806 08:04AM YOUR LOGD . YOUR FAX N0. 7275624865 N0. OTHER FRCSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97337599 May. 03 08:03AM 00'44 SND ®1 OK TO TLIf~J OFF REPORT, PRESS ' MEhAJ' #~L. TF-IB~1 SELECT OFF BY USING ' +' OR ' -' . 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PLT2006-00003 Sites: 2750 Third Avenue Property Size Acres : 9.89 Atlas Pa e: 233A PINS: 32/28/16/14922/049/0030,32/28/16/14922/046/0080,32/28/16/14922/046/0040, 32/28/16/14922/045/0010,32/28/16/00000/240/0110,32/28/16/00000/240/0140, 32/28/16/00000/240/0150. • f A eriat M ap Owners: Peter C. & Eileen Krauser Cases: FLD2006-04027 Mark Marconi Homes of Tam a B ,inc. PLT2006-00003 Sites: 2750 Third Avenue Property Size(Acresi: 9.89 Aflas PINS: 32/28/lb/14922/04910030,32/28/16/14922/046/0080,32128/16/14922/046/0040, 32/28/16/14922/045IOOi0,32/28/16/00000/240/0110,32/28/16/00000/240/0140, 32/28/16100000/24010150. • • ~, - 7 7 a~274 N ~j . P - 7..~ ry ~"' was ~, ~, ~a~ - - - - ..~:: - - 1 (1 19 18 17 1 8 15 4 •'1~ {•' ~. 46' - - T - .2- - - -i:}rr' ~. -- - - ~~ ~ - 8 7 8 9 O 1 2 3 _ '$8 .. • 4: ~.; - - _ _ :•$:. -:'. ~.. ..:: - ~i.....~•cM~. _ - '::-~'Z:7~7'e~ ~ lq..•'':; "•;'•!i'-. : - :'„~; - _ - ;~:- N - -- - -- -- - . H ~. ~;;:: ..~• - - zt 19 1a 1z . 5 .4.. . 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A . K•• - •~ ..:•. .. • • : . A - : S.• - •~ - - - - • b N .tJQ _'+ '~~ - - sf 38 6 75 4 _ 1 9 1 "^:'0 9 '. :.'r4 _ : •~ - _- :~: -- ,•~ s ~ s s to tt 72 to - -- - - - .~o .- , ~: u ~ . {::.... - °P • • .. . . •• . • . : %~ ~~wq ~~ :•I1 :L - - - 7T~L++pri~~, - P :~ _ •.4 - Q : P - '' iKEB -:•-~~ ~ . ~~ 24 ~ss~ ~ ::: o g 2349 22 ~° N n zs - - ~:~ Exis~`ing Land Use Ma~- Owner. Peter C, 8. Eileen Krauser and Mark Marconi Case: FLD2006-04027 8~ Homes of Tam a Ba ,Inc. PLT2006-00003 Sites: 2750 Third Avenue Property Size Acres : 9.99 Atlas Pa e: 233A PINS: 32/2$/lb/14922/049/0030,32/28/16/14922/04b/0080,32/28/1 b/T4922/046/0040, 32/28/16/14922/045/0010, 32/2$/1 b/00000/240/0110,32/28/16/00000/240/0140, 32/28/1 b100000/240/4150, 5:\Planning Department\C D B\FLEX (FLD]\Pending cases\Up for the next iJRC: \Ihird Ave z/5u C=naurat~gua on the Lake (LDR] - 06-01-06 (JyS]\Map Request Form.doc • • Wells, Wayne From: Wells, Wayne Sen#: Tuesday, September 04, 2007 7:39 AM To: Porter, Catherine Subject: ANXZ2006-04014, 2750 Third Avenue Catherine - Cky was the case planner for the above referenced application. I do not know who this application has been reassigned to in Long Range Planning. Could you let me know? have sent a letter to the applicant requesting the companion cases FLQ2006-04027/PLT2006-00003 to be resubmitted by October 1, 2007, to get these applications going, as nothing is happening. Thanks. Wayne .- i~ r 1:10 pm Case Number: FLD2006-04~ ~ - 2750 TH1RD AVE Applicant Peter ICrauser 31111 Us Hwy 19 N Palm Harbor, Fl 34684 TELEPHONE: 727-7$6-1605, FAX: No Fax, E-MAIL: No Ernail Representative: Sand Dollar Development -William Sweernam P O Box 454 Ozona, Fl 34660 TE~,EI?:HONE: 72.7-688-4670, FAX: 727-733-7599, E-MAIL: wsweernam@aol.corn Location: 9.99 acres located east of the intersection of Third Avenue North and First Street East (west of Lake Chautauqua). Atlas Page: 233A Zoning :District: Request: Flexible Development approval to construct eight single family residences in the Low Density Residential (LDR) district in conjunction with a Preliminary Plat (PLT2006-00003) with the following deviations: A reduction. to the minimum lot size for lot #7 from 20,000 to 15,961 square feet; A reduction to the minimum lot size for lot #$ from 20,000 to 16,025 square feet; A reduction to front (south) setback on Lot #1 from 25 to 10 feet (to building/accessory structure (a_s.)); A reduction to side (west) setback on Lot #1 from 15 to 10 feet (to building/a.s); A reduction to the rear (north) setback on Lot #1 from 20 to 10 feet (to building/as.); A reduction to the front (west) setback. on :Lot #2 from 25 to 10 feet (to building/a.s.); A reduction to the (north & south) side setbacks on Lot. #2 from 15 to 10 feet (to building/a.s.); Areduction to the front (west) setback on Lot #3 from 25 to i0 feet (ta building/a.s.); Areduction to the (north & south) side setbacks on Lot #3 from l 5 to 10 feet (to building/a.s.); reduction to the front (west) setback on Lot #4 from 25 to 10 feet (to building/a.s.); Areduction to the (north & south) side setbacks on Lot #4 from 15 to 10 feet (to buildingfa,s.); reduction to the front (west} setback on Lot #5 from 25 to 10 feet (to building/a.s.); Areduction to the (north & south) side setbacks on Lot #5 from 15 to 10 feet (to building/a.s.};Areduction to the front (north & south) setbacks on Lot #6 from 25 to 10 feet (to building/a.s.); Areduction to the side (west} setback on Lot #6 from 15 to 10 feet; Areduction to the front (south, east & west) setbacks on Lot #7 from 25 to 10 feet (to building/a.s.); Areduction to the side (north) setback on Lot #7 from 15 to 10 feet; Areduction to the front (north, east & west) setbacks on Lot #8 from 25 to 10 feet (to building/a_s.); Areduction to the side (south) setback on Lot #8 from 15 to 10 feet; and a six foot tall residential subdivision wall and gate located in a front setback; as Residential Infiil Project, per section 2-103B; and also includes a comprehensive landscape plan for landscaping the residential subdivision wall, per section. 3-1202.G. Proposed Use: Detached dwelling Neighborhood Clearwater Neighborhoods Coalition. Association(s): Clearwater, F133758 P O Box $204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Country Park Homeowners Association Association(s): Clearwater, F133766 Po Box 15242 TELEPHONE: 727-726-4135, FAX: No Fax, E-MAIL: dgrutchl@tampabay.rr.com Presenter: John Schodtler, Planner lI Attendees Included: The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda -Thursday, 3une 29, 2006 ;Page 34 1 . Prior to CDB, plea revise plan or acknowledge as applicable the wing: l .Sheet #2 will be reviewed when subnvtted as part. of a building permit application; no review/comment will be provided at this time. 2. Show sanitary laterals for Lots #l, #7, and #8. 3. Provide individual water service lines for Lots #7 & #8. `, ~~p 4. Minimum water main pipe diameter shall be 4-inches. ~borj~5. Loop water main along Fourth Avenue to First Street East_ S ~t. 6. Provide permanent blowoff assemblies at the extreme north and south ends of proposed water mains. 7. The City of Clearwater will provide water tap, and a B.F.P.D. (back flow preventor device) if applicable- Applicant is responsible for all associated fees and all other installation fees. ~-'~ .Construct sidewalks along both sides of Third Avenue North and along at least one side of the sl, l- proposed private street. Sidewalks shall be a minimum of four-feet wide or fve-feet wide if at ~ /-~ y~ back of curb. Sidewalks and sidewalk ramps adjacent to or a part of the project shall be designed S ~/ and constructed consistent with City of Clearwater Contract Specifications and Standards Index I #109, including the A.D.A. (Truncated domes per D,O.T. Index #304.} 9. Provide a copy of an approved health permit for the installation of the domestic water mai^ prior to issuance of a building permit. The health permit application form(s) can be found at: www.dep. state.fl.us/water/drinkingwater/forms.htm 10. Provide a copy of an approved D.E.P, permit for the installation of the sanitary sewer extension prior to issuance of a building permit. 1 1. All sanitary sewer lines to be installed under pavement shall be epoxy lined (Protecto 401) ductile iron pipe. 12. Please delete ":Repair of Pavement Cuts" detail, (pg.6) and use Index # 1.04 of the City's /~ Construction Standards. These standards can be found on our web site: 5' R' ~ www.myclearwater.com/govldepts/pwa/engin/Production/stddet/index.asp . 13. Water meters for Tracts 7 and 8 shall be installed in the easement to avoid public water line being installed beneath proposed wall. ,~•'- l4. If the driveways for Tracts 7 and 8 will. provide access from First Street East, the street shall J~ "'~ be upgraded to provide a paved surface a minimum of 24-feet wide. 15. Provide a copy a County Right-of--Way Permit for all work proposed to be performed proposed to be performed in County rights-of--way. General Note: if the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. if underground water mains and hydrants are to be installed, the installation. shall be completed and in service prior to construction in accordance with Fire TDeparhnent requirements. General Note: DRC review is a prerequisite for Building Permit. Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: 1 . 1. Please revise the narrative statement in the stormwater management report. to read "Only and ~~~ GS all exotic species will be removed with development of the site" and included this statement on ~ N~ ~ ~ the site demolition plans. ~ 2. Any activity conducted. in the wetland buffer zone or wetland areas shall be done under the supervision of a certified environmental professional. All. of the above to be resolved or acknowledged prior to CDB_ Fire: l , No Issue Harbor Master: No Comments Legal: No Comments Land Resources: Development Review Agenda -Thursday, June 29, 2006 -Page 35 1 , The tree inventor s incomplete. Provide the size, canopy, and coil~Rion of each tree. Once this „P,~'~, data is received a thorough review can be conducted. At such time comments will be generated (~`~'~ which may require modifications to the plans. No review will be performed until. the inventory is received. Provide prior to CDB. 2 , Provide a Tree Preservation Plan prepared by a certified arborist, consulting arborist, landscape 1 architect or other specialist in the field of arboriculture. This plan must show how the proposed building, parking, stormwater and utilities impact the critical root pones (drip lines) of trees to be preserved and how you propose to address these impacts i.e.; crown elevating, root pruning / and/or root aeration systems. Other data required on this plan must show the trees canopy line, actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required), and the tree barricade detail. And any other pertinent information relating to tree preservation. Provide prior to building permit. 3 , Show all trees on all civil. plan sheets prior to CDB. Landscaping: No Comments Parrs and Recreation: 1 , Open space/recreation impact fees are due prior to issanee of building permits or final plat (if applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4$24 to calculate the assessment. Stormwater: 1 . Prior to CDB: 1. The engineer shall demonstrate that the construction of the retention pond berm will not adversely affect the 1.00 year flood plain. Prior to issuance of a building permit: 1. The applicant is to provide a copy of the approved SWFWMD permit. Solid Waste: 1 , That service be arranged with the Solid Waste Department prior to the issuance of an occupational license or certificate of occupancy. Please contact Tom Glenn - 727-562-4930 'Traffic Engineering: 1 , Provide improved alignment for westerly T-intersection . 2. Provide stop signs where necessary per current MUTCD standards. (~ All of the above to be addressed prior to CDB. g~ ~~k+. P General Note: At building permit, driveways shall be a minimum of 18-feet in length measured from either the back of sidewalk or edge of roadway. General Note(s): 1) Comply with the current Transportation Impact. Fee Ordinance and fee schedule. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Planning: Development Review Agenda -Thursday, June 29, 2006 -Page 36 1 . Explain, How the posed development of eight new single family~nes (with reduced setback, / lot size reductions, etc...) are in harmony with the scale, bulk, coverage, density, and character of ADJACENT properties? Reply to each seperately. **Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. 2 . Explain, How the proposed development of eight new single family homes (with reduced setback, 1~ lot size reductions, eta..) will not discourage or hinder the appropriate development and use of adjacent land and, buildings or significantly impair the value thereof? *Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. We have no idea how small or large any of these homes will. be. 3 . Explain, How the proposed development of eight new single family homes are consistent with the ~~'" community character of setbacks, lot size reductions, etc...with in the immediate vicinity? **Without building elevations or footprints it is very diff cult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. 4 . Explain, How the proposed development of eight new single family homes minimize adverse -~ effects, including visual, acoustic, olfactory, and hours of operation impacts, on adjacent properties? Reply to each seperately. **Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You. have not demonstrated how small or large any of These homes will be nor their impacts to adjacent properties. 5 . Clarify- Explain or demonstrate how the development or redevelopment of the parcel proposed for development is othervrise impractical without deviations from the intensity and development standards. **Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. 6 . Clarify. Explain how the development of the parcel proposed for development as a residential Infill project will not materially reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) *Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. We have no idea how small or large any of these homes will be. 7 . Clarify. Explain. how the design of the proposed residential Infill project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.**Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. 8 . Clarify. Explain how the flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. **Without building elevations or footprints it is very difficult to understand how you are meeting this criteria. You have not demonstrated how small or large any of these homes will be. 9 . Include in the site data table on page 4 the required and proposed Impervious Surface .Ratios far all lots. IO . Provide the existing and proposed values of the site to complete Residential Infill Project criteria #2. The one dated April. 27 was left blank. 11 . Provide site data table for each lot. 12 . Explain how the two lots with lots area of less than 20,000 square feet are meeting Residential Infill Project Criteria #1. 13 . Provide typical building elevations if individual proposed plans are not available. Elevations should include all sides of the building, dimensions, colors, and materials. l4 . Note: Survey provided of entire property by Polaris has a coordinate incorrect. "S89 50'41"E" should be "N89 50' 41 "W". It is located on the north side of Forth Street along the south side of lot 3. 15 , Explain how 10 foot side setbacks for all lots is meeting Residential Infill Project Criteria # 1. 16 . Provide 15 copies of a site plan with all the requirements listed in section G of the application. {page 5 ofthe application) 5/1/2006 17 . Provide locations of all driveways and sidwalks on all plans. 1 S .. Provide locations of all accessory structures (swimming pools) on all plans. Other: Development Review Agenda -Thursday, June 29, 2006 -Page 37 $1 . Revise site plans tTSfiow all utility facilities existing and proposed ~ughout the property , served or to be served. Also note on site plans: All. utility facilities, including but not limited to gas, water, wastewater collection, electric, telephone and television cables, except major transmission lines and transformers, shall be located underground. The city may require that existing aboveground utility facilities in the public rights-of--way be relocated and/or placed underground when the property which the utilities serve is redeveloped. Notes: Development Review Agenda -Thursday, June 29, 2006 -Page 38 1.10 pm Case Number: PLT2006-40-- 2750 THIRD AVE Applicant Mark Maconi Homes 3I 111 Us Highway 19 N Palm Harbor, Fl 34684 TELEPHONE: No Phone, FAX.: No Fax, E-MAIL: No Email Representative: Sand Dollar Development -William Sweetnam P. O..Box 454 Ozona, F134660 TELEPHONE: 727-733-6888, FAX: 727-7337599, E-MAiL: wsweetnam@aol.com Location: 9.99 ACRES LOCATED EAST OF TFIE INTERSECTION OF THIRD AVENUE NORTH. AND FIRST STREET EAST (WEST OF LAKE CHAUTAUQUA). Atlas Page: 233A Zoning District: , Request: Preliminary Plat for the platting. of eight single family residential lots to be called "CHAUTAUQUA ON THE LAKE" in conjunction. with FLD2006-04027. Proposed Use: Detached. dwelling Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: John Schodtler, Planner II Attendees Included: The DRC reviewed this application with the following comments: General Engineering: 1 . Prior to CDB: 1. Show on the plat names of adjoining plats. 2. Fully dimension the Access/Utility easement. Environmental: No Comments Fire: 1 No :Issue Harbor Master: No Comments Legal: No Comments Land Resources: No Comments Landscaping: No Comments Parks and Recreation: 1 . Open space/recreation impact fees are due prior to issance of building permits or final plat (if applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4824 to calculate the assessment. Stormwater: No Comments Solid Waste: No Comments Traffic Engineering: 1 , See FLD2006-04027 for site conditions. Planning: No Comments Other: No Comments Notes Development Review Agenda -Thursday, June 29, 2006 -Page 39 1034.8 .. _._._...._.. --.._._ 53FHAVE ... .. _ I I I I I I I I 1 I I I 25 i 24 ~ 23 i 22 ~ 21 ~ 2p 1 1919 ~ 18 1 17 ~ 16 ~ 15 ~ t U 2 ~ 3 i 4 ~ 5 ~ 6 i 71~~ 8 ~ 9 ~ 10 ~ 11 ~ 12 ~ 13 I I I I I I I I I I I I ~ 1 ~ I I ~ 6051 I I I I I 11001 I 11flD I I 1 t0fll I 11001 I I 10a I I 10a I I25~ 2aI23~ 21212 I19~18 ~17~16 15~ T--1 I -7--~- I ;---L I ~- J- I 1--L- i I --J co I 12 ~ I I 3 I4 j I I 16 j7 I I 18 19 I I 110j tT 1 I 12j oN 113 ,aDl i1DDl i lool i , I 11001 1o I fi0 -- ~ 90 ~ 1 I I ~ I I I I 11 ~ t0 9 8 ~ 7 ,~ ~ ~- ~ I 9" ~{----- ~ o I N 1 2 3 ~ 4 ~-6 ___ I I" 5 90 45 I I o M 2fi0.3 SO 535.3 N 11351 I I I I -~1 I I r I 1..-- Nt4~ 13 I ~~ t0 ~ 8 ~m I I 4 o-T-- I N t l 2 j 3 v, .,4 1 5 L- 7 1 j o~ I j 6 1135 ~' 1 a83.5 - 3RD AVE N c°o 0 294.8 I 2td7.5 I I 202.6 1 I I I I I I I I I I I I I I I I I 3 125 ~ 2a X23 X 2 1 212 ~ 79 ~ 18 ~ 17 ~ 1fi 15 14 w 1 _l.w_I _,1_-I _ I -I-_ I---1--I - _ I_ v+ ~ I 1 I I I °N ~° 0 1 2 ~ 3 I q ~ 5 1 g ~ 7 I g ~ 9 110 X 1 1 12 j 3 r ~' I I ILL~ I ~ I ~ I I I I ~_ I 297.5 ~ - _ I _ ~ I, _ .:1202._ I 1Da 60 - - 2ND AVE N ., ui t 85 I 141 ~•Cy I "' ~ I I I I I~ I ~ ~^ I 1 ~ F o I I ~ I I I 1 j I ~ 125 124 123 22 1 2i 120 119118 117 1 161 15 114 I I I I 1 1 I ^O'`h ~ N ~ 58aL7UCEBREEZE LN N 331 765.5 114.5 ~ 91.8 70 70 7a 96.4 7~ 7qQ 6 J2 2ND AVE N 138.4 24 m 23 42 6 100 N N 506.6 420.1 760 ~n t 88.69 n i 8 y.7~ WATE R Map Output. ~ ~ Fage 1 of 1 FLD200fi-04027 RJOC „ ^ +~' ~ ~, s g FCirJF~'CM a a y a ^ 0 0 0 ^ 1-- C'G ° TO41 RD .-.-_~ ~---~ P 4 ! ~ _ ~^' I ~/ ~4 ~ 4 `~ ~ ~ 1 • ® ~ ~ LAKEBREEZE ( C RJt)JR ~ I ~ ~~. ~ '" ~ I v i O ,fl~~ • ate" -~-~--~z._ ~ ~ ~ ~~ ~ ~ _ - ~ ~ ~ 4 O C 'F w ® ~ ~ --J • ~, ~ a o- o- ~ J WATER http:/Jpublicgis.mycleacwater.com/servlet/com.esri.esrimap.Esrimap? ServiceNaxne=OVMa... 6/15/2006 Pinellas County Pxoperty Appr~er Information: 32 2$ 16 14922 049 OO~Q Page 2 of 5 26-Feb-2007 Jim Smith, CFA Pinellas County Property Appraiser 08;5$;42 Ownership Information Vacant Property Use and Sales KRAUSER, PETER C ggK: 13753 OPG; 0332 KRAUSER, EILEEN A 2295 MAGKEH2IE GT CLEARWATER FL 33765-2241 EVAG; Han-EVAC Comparable sales value as Prap Addr: D of Jan 1, 2006, based on Gensus Tract: 268.13 2004 2005 - ; sales from 309,OOD Sale Date OR BaakJPage Price (GEua1JUnU} VacJImp Plat Information 8 J?,004 13,753{ 332 950,000 (M} U 1925: gook 009 Pgs 052- 3 J2,DD3 12,632{1,329 215,OOD (M} U 0000: Book Pgs - D J1,976 4,440{1,057 1,500 (U} I 0000: Book F'gs - D /0 0} 0 D ( } 2006 Value EXEMPTIONS JustJMarket; 28D,700 Homestead: HO Ownership ~ .000 Govt Exem: H0 Use ~: .000 AssessedlGap: 288,700 Institutional Exem: HD Tax Exempt ~: ,000 Historic Exem: 0 Taxable: 288,700 Agricultural: 0 2006 Tax Information Distriot: CTF Seawall: Frontage: Clearwater Fire View: Q6 Millage, 21.4553 Land Size Unit Land Land Land Front x Depth Price Units Meth d6 Taxes: 6,194.15 l} 9D x 100 i, DDO. DD ~ 90. DD F Special Tax . OD 2} i0D x 110 1, D00. OD 100. 00 F 3} 160 x 100' 1, 000,. 00 160. 00 F Without the 5ave~Our-Homes 4} D x 0 1.00 31, 546. OD S cap, 2DD6 taxes will be 5} D x D .DD .00 6, 1 94.15 6.3 0 x D . DD DO Without any exemptions, 2006 taxes will be 6, 194.15 Short Legal CHAUTAUQUA-SEC R UNIT i BLK 49, L OTS 3-9 & VAC 5 Description 30FT OF FIFTH AUE H DH H & H i{2 DF UAC FOURTH AUE H Building Information. http://136.174.1$7.13/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &i-.16&s=4&t3=1 &u=0&p=32... 2/26/2007 ,, Pinellas County Property Apper Information: 32 28 16 1.4922 049 OO~,Q Property and Land Use Codefdescriptions. ~~~ ~ ~~ l ~~7 ~ ~~~~~ ~ ~~~ ~ ~~~~ Page 3 of 5 26-Feb-?aa7 Jir*i Smith, GFA Pinellas COunty Property Appraiser as:58:d~ Vacant Parcel Property Use: aaa Land Use; 00 V~ca.n-t Extra F~a~ur~s [7escription Dimensions Price Units Value RCQ Year 1} . Da a a a a ~} . as a a 0 a 3} .00 a a a a ~} . ao o a o 0 5} , o0 o a a a ~} . oa o a o 0 TOTRL RECORD VALUE: a Map With Property Address (non-vacant) LJ®~~®~ http://13&.174.187.13/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &~=.16&s=4&t3=1 &~=0&p=32... 2/26/2007 ~` Pinellas County Property Appr~er Information: 32 28 16 14922 049 00'1 Page 4 of 5 ~G~G 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-scr3?o~l&a--1&b=1&c=1&i=.16&s=4&t3=1&u=0&p=32... 2/26/2007 ,, Pinellas County Property Appr~r Information: 32 28 16 14922 049 00 Page 5 of 5 Pinellas County Froperty Appraiser Parcel Information Back to Search Page An explanation of this screen g ~:: http:// 136.174.18'7.13/htbin/cgi-scr3?o=1 ~a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=32... 2/26/2007 ;_ , .Pinellas County Property Appr user Information: 32 28 16 14922 049 00~ ~ Page 2 of 5 26-Feb-2D07 Jim Smith, CFA Pinellas County Property Appraiser D8:59:54 Ownership Information Vacant Property Use and Sales KRAUSER, PETER C OBK; 13753 OPG; 0332 KRAUSER, EILEEN A 2295 MACKEN2IE CT CLEARWATER FL 33765-2241 EVRC; Non-EVAC Comparable sales value as Prop Addr: 0 ' of Jan 1, 2406, based an Census Tract: .00 sales from 2004 - 2405: 0 Sale Date DR Book/Page Price {QuallUnq) VaclImp Plat Information $ 12,004 13,753{ 332 95D,000 {M} V 0000: Book Pgs - 6 12,OD3 12,841{ 392 2,7D0 {U} U 0000: Book Pgs - 6 12,D03 12,820{1,339 B,OOD {U} V OD00: Book Pgs - 4 (2,003 12,672{ 724 8,000 {U} V 2006 Value EXEMPTIONS ' JustlMarket: 8,200 Homestead: ND Ownership ~ .000 Gnvt Exem: NO Use ~; .ODD AssessedJCap; 8,200 Institutional Exem: NO Tax Exempt ~; .000 Historic Exem: 0 Taxable: 8,20D Agricultural; 0 2006 Tax Information District: CTF 5eawa1l: Frontage: Lake Clearwater Fire View: 06 Millage; 21.4553 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 175.93 S) 0 x 0 5, 000. DO i. 93 A Special Tax .OD 2} 0 x 0 .00 .00 3} 0 x 0 .OD .40 l~ithvut the Save-Qur-Homes 4} 0 x 4 OD .00 cap, 2006 taxes will be 5) 0 x 0 .00 .00 175. 93 6} D x 0 .00 . 00 lJithvut any exemptions, 2006 taxes will be : 175. 93 Short Legal UNPLATTED LAND IN NW i{4 DESC BEG INTR DF N LINE OF Description SE 1{4 OF FIW 1{4 & E R{W OF LAKE SHORE DR TH E Building Information httpJ/136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3-1 &u=0&p=3... 2/26/2Q07 . PinelJ,as County Property Apper Information: 32 28 16 14922 049 0~ ~~ ~ ~~ ~ ~~ r a~ooo ~ ~~~ ~ o~.~o Page 3 of 5 26-Feb-2DD7 Jim Smith, CFR Pinellas County Property Appraiser 88:59:54 Vacant Parcel Property Use: ODD Land Use; 95 Vacant E~~ra ~'~a~ur~s Description Dimensions Price Units Value RCD Year 1) DO D D 0 D 2) . oo D D o 0 s) . DD D o n o ~) . 00 0 , D o D 5) . 00 0 0 o a 6) . DO 0 D 0 0 TOTAL RECORD VRLUE: 0 1l~ap V6'ith Property Address (non-vacant) ! I®~®~ http://136.1.74.~1$7.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&f3=1•&u=0&p=3... 2/26/2007 Pinellas County Property Appr,~er Information: 32 28 16 14922 049 OOjQ Page 4 of 5 1/8 Mite Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1.&u=0&p=3... 2/26/2007 Pinellas County Property Apper Information: 32 28 16 14922 049 0~ Page 5 of 5 Pinellas Count Pro ert A raiser ` Y A Y PP ~~~ Parcel Information ~ f~:. http:f/136:174.187.13/htbiiv'cgi-click?o=1 &a=1 &b-1 &c--1 &x.16&s=4&t3=1 &u=08cp=3... 2/26/2007 ~• „.P,inellas County Property App~er Information: 32 28 16 00000 240 0~ Page 2 of 5 3-~ ~ Z$ f 1~ ~ ~49~~ l~ ~4~ /~ 00$0 25-Feb-?007 Jim Smith, GFR Pinellas County Property Appraiser 09.00.19 ownership Information Uacant Property Use and Sales MACDNI, MARK HOMES OF TAMPA BAY IHC OBK; 14551 OPG; 1355 31111 US HIGHWAY 19 N PALM HARBOR FL 34504-4438 EVAC: Missing EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Gensus Tract; .00 2004 - 2005 l f : sa es rom 195,200 Sale Date DR BooklPage Price {Qua11UnQ} Vacl2mp Plat Infnrmatinn 1012,005 14,551/1,3 55 250,000 {Q} U 1925; Book OD9 Pgs 052- 0 10 01 0 0 { ) 0000; Book Pgs - 0 10 0# 0 0 { OODD; Book Pgs - 4 1D D/ D 0 { ) 2006 Value EXEMPTIONS Just/Market; i$4,OOD Homestead: HO Ownership ;~ DDD Govt Exem: HO Use ~: .000 AssessedlCap: i$4,OD0 Institutional Exem: NO Tax Exempt ~; DDD Historic Exem: 0 Taxable; 184,000 Agricultural; D 2006 Tax Inf©rmation District: CTF Seawall: Frontage; Lake Clearwater Fire View: 06 Millage: 21.4553 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 3, 947. 78 1} 100 x 98 i, 000. DO 10D. 00 F Special Tax . DD 2} 95 x 100 1, 000. 00 95. OD F 3} 0 x 0 i. 00 15, 372. 00 5 LJithout the Save-Our-Homes 4} 0 x 0 5, D00. 00 . 58 A cap, 2006 taxes will be : 5} 0 x 0 .00 .00 3, 947.78 6} 0 x D . 00 . 00 LJithout any exemptions, 2006 taxes will be ; 3, 947. 7$ Short Legal CHAUTAUQUA-SEC A UNIT i BLK 45, LOTS 8 THRU 11 8c Description VAC RfW~5 & UHPLATTEO LRHO OM E TO LAKE OESC A5 BEG Building >Cn~ormat~ion http://136.1.74.187.13/htbin/cgi-click?o=1 &a=1&b=1 &c=1 &z=.16&s=4&t3=1 &u=0&p=3... 2/26/2007 -~ Pinellas County Property App~er Information: 32 28 16 00000 240 0~ i 32 / 28 I 16 I 14922 1 046 / 0080 26-Feb-2007 Jim Smith, CFA Pinellas COunty Property Appraiser 09:00:19 Vacant Parcel Property Use; 000 Land Use: 00 Page 3 of 5 Vacant Extra F~a~ur~s Description Dimensions Price Units Value RCD Year 1) . 00 0 0 D 0 2} .00 0 0 0 0 3} .00 0 0 0 0 4} .00 0 0 0 0 5} .00 0 0 0 0 6} .00 0 0 0 0 TOTAL RECORD VALUE: p Map With Property Address (non-vacant) ~~~~®® http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=3... 2/26/2007 Pinellas County Property Appr ~ er Information: 32 28 15 00000 240 0 ~~3~~.~ ~~m,._T_r~.,. F. :~~._ ,~ A. C ~• ~~' SN~~E ~ p ~ ~'4~~'[?tl ~.L~ i ~. ~;~ Page 4 of S ~~ . 2,~5•~ ~~ ~ ~ C r 5+ ,- f ~~~~~ N ~~ ~~ . ~ ~ i 1 r~ f ~ 1 f~l {{~~ .~~tJ ~ ~/ ~i~ /~ ~ - ~ ~~e~.~~ i ~'~~~ E ~ f ~ .- ~_ --~~~~ ~~ . ~, _, 1/8 Mite Aerial Photograph (2Q02} http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1~&u=0&p=3... 2/26/2007 ~~~~~ •, Pinellas County Property Apper Information; 32 28 1 b 00000 240 O 1~} Page 5 of 5 ~-~` '" ~' s- ~` ~.~~ http://1.3b.174.187.13/l~tbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=3... .2/2b/2007 o , , Pinellas County Property Appr~#y~er Information: 32 28 16 14922 04b 0 Page 2 of 5 ~~ 3~ ~ 28 ~ ~.~ / 1422 ~ 04~ I Q~4~- 25-Feb-2007 Jim Smith, CFA Pinellas County Property Appraiser 09:00:48 Ownership Information Vacant Property Use an d Sales MACOHI, MARK HOMES OF TAMPA BAY INC DBK: 14672 OPCi, 1153 31111 US HIGHWAY 19 H PALM HARBOR FL 34684-4438 EVAC: Hen-EVAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract: 258.13 2004 20D5 sales from - : ?03,300 Sale Date OR Bvvk/Page Price {Qual/Un~} VaclImp Plat Information 10l?,005 14,67?/1,153 300,000 {Q} V 1925: Book 009 Pgs 052- 3 !?,003 12,63211,329 215,000 {M} U 0000: Bvvk Pgs - 0 f0 0/ 0 0 { } 0000: Boak Pgs - 0 10 01 0 0 { } 2006 Value EXEMPTIONS Just/Market: 190,400 Homestead: HO Ownership ~ .DOD Govt Exem: HO Use ~: .000 Assessed~Cap: 190,400 Institutional Exem: NO Tax Exempt ~: .000 Historic Exem: 0 Taxable; 190,400 Agricultural: D ' 2006 Tax Information District: CTF Seawall: Frontage: Lake Clearwater Fire View; 06 Millage: 21.4553 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 4, 085. 09 i} 95 x 10D 1, 000. 00 95. 00 F Special Tax .00 2} 100 x 112 1,000.00 100.00 F 3} 0 x 0 i. 00 15, 885. 00 S LJithout the Save-Our-Homes 4} D x 0 5, 000.00 . 59 ~ A cap, 2006 taxes will be 5} 0 x 0 .QO .00 4, 085. 09 6} 0 x 0 , 00 . 00 lJithout any exemptions, 2006 taxes will be ; 4, 085. 09 Short Legal CHAUTAUQUA-SEC A UNIT i BLK 45, L OTS 4 THRU 7 $c Description UAC R/W'S & UHPLATTED LAHD OH E TO LAKE DESC AS BEG Building Information http://13b.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c =1 &~. l b&s= 4&t3=1 &u=0&p=3... 2/26/2007 Page 3 of 5 Pinellas County Property Appr~, ,er Information: 32 28 16 14922 046 00,$,Q 26-Feb-2007 .Jim Smith, CFR Pinellas County Property Appraiser 08:00:8 Vacant Parcel Property Use: 000 Land Use: 00 ~J'acar~_t F~crtra F~a~urss ^escription ^imensinns Price Units Value RC^ Year 1) . 00 o a o 0 2) .00 0 0 0 0 3) = QO 0 0 0 0 ~} .DO 0 0 0 0 5} .00 0 0. 0 0 6) - .00 0 0 0 0 TOTAL RECOR^ VALUE: 0 Map With Property Address {non-vacant) ®®®~~~ http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c-1 &r=.16&s=4&t3=1 &u=0&p=3... 2/26/2007 - Pinellas County Property Apper Information: 32 28 16 14922 046 0~ ~ ~~~~~ ~..L~ IV ~3.~U ~~c}~~ ~ __ _ ~ ~ - f~''s+ E ~. ~ ~ ~~ ,,,~~ ~3s~.r;~ c'33~1 Page 4 of 5 . ~ ~ --. r .- rr~ , ` ~ ~' ' ~~ + C~) i I ~ ~!. ~ ~ ---- i ~~ ~~i~! _ car ~'~ r~ ~ -~ ~'~~:~~ „..-. ~~ r 1/8 Mile Aerial Photograph (2002) ~ `' ``' ~~-"C~tl ~' 7~.C~c~ http://136.174.187.1-3/hfbin/c~,i-click?o=1 &a=1 &b-1 &c=1 &r=.16&s=4&t3=1 &u=0&p=3... ~ 2/26/2007 ~~~l~E I~~~L Pagc 5 of 5 ,~ ~. _. Pinellas County Froperty Appraiser ~ ~~~ ~' .~ ~~ ,_ - Parcel Information ` '~ ~~ . " A ~ ~ http://136.1'74.1$7.13/htbn/cgi-click?o=1 &a-1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=3...., .2/26/2002 Pinellas county Property Apper Information: 32 2$ 16 14922 046.0 c,, , K`P,inellas County Property Apper Information: 32 28 16 14922 046 0 Page 2 of 5 ~~ ~ ~~ ~ z ~ ~.~~~~ ~~ ~~~ ~ ~~10 ?5-Feb-2047 Jiro Smith, CFA Pinellas County Property Appraiser 09•Di•17 Ownership Information Vacant Property Use and Sales KRAU5ER, PETER C OB44; 13753 OPG: 033? KRAUSER, EILEEH A ?295 MACKENZIE CT CLEARLdATER FL 33765-?241 EVAG: Hon-EUAC Comparable sales value as Prvp Addr: 0 of Jan 1, 2006, based on Census Tract: 268.13 sales from 2004 - 2005: 661,804 Sale Date OR Sook}Pa ge Price {Qual}UnQ~ Vac}Imp Plat Information $ }?,404 13,7531 332 950,000 {M) U 1925: Book 009 Pgs 05?- ? }2,003 12,5411 7 32 ?4,D40 {U) U 0000 Book Pgs - 0 }0 O1 D 0 { ) 4000: Baok Pgs - 4 /D 01 0 0 { } 20D6 Value E3CEMPTIONS Just}Market; 57D,440 Homestead; HO Ownership ~ .400 Govt Exem. HO Use ~: ,DDO AssessedlCap: 574,440 Instituti©nal Exem: HU Tax Exempt ~; .000 Historic Exem: 0 Taxable: 570,404 Agricultural: 0 2006 Tax Information District; CTF 5eawa1l: Frontage: Clearwater Fire View: 06 Millage: 21.4553 Land Size Unit Land Land Land Front x Depth Price Units Meth Ob Taxes: 12,238.14 Special Tax .00 l) 50 x 100 2) 190 x iD4 i, 000. 00 50. OD 1,044.04 190.00 F F 3} 204 x 104 i, 000. 00 2D0. QO F LJithout the Save-Our-Homes 4} 1.90 x 100 1,444.00 190.00 F cap, 2006 taxes will be : 5) 50 x 100 600.00 50. 4D F 12, 238.10 6) 0 x 4 i. 04 27, 76?. 00 5 lJithout any exemptions, 2006 taxes will be ; 12, 238.10 Short Legal CHAUTAU[}UA-SEC A UNIT 1 BLK 45, LUTS i-14 $c 5 112 Description OF VAC THIRD AUE N LYIHG N DF LUTS 9, 10 & ii & H OF Building Information http://136.174.187.13/htbin/cgi--click?o=1&a=1&b=1&c-1&r=.16&s=4&t3=1&u=0&p=3... ~ 2/26/2007 Pinellas County Property App 'ser Information: 32 28 16 14922 046 0 ~~ ~ ~~i ~ ~~] / ~~~~~ I ~~J ~ ~~~~ Page 3 of 5 2G-Feb-~D07 Jim Smith, CFA Pinellas County Property Appraiser 09.Oi:i7 Vacant Parcel Property Use: OOD Land Uee; OD • ~lacant Extra F~atur~s Description Dimensions Price Units Value RCD Year 1) . OD 0 0 D 0 2) DO 0 D D 0 3} . 00 0 D 0 0 ~~ . 00 D D D 0 5) DO D 0 0 0 ~~ DD 0 0 0 0 TOTAL RECC]RD VALUE: 0 Map Wath Property Address {non-vaunt) L` lI F IL a 1~~~ http://1.36.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 ~4rc=1 &r=.16&s=4&t3=1 &u=0&p=3... 2/26/2007 Pinellas County Property Apper Information: 32 28 16 14922 046 0~ ~~~~~ '~ 1.~1..~ 35s~ L~if~.E ~HGF?E Pale 4 of 5 ~~~,~~ C f r i~ ~~?~" cj~ ~~ r~ ~ ~ - ~~~.CI~ L~"-1 ~J I~F. f ~ r ~~~~.t~ ~ ~ -~ ~-, ~~~~.~i ~~~~ , ~_. -~ ~ ~~:` ~'`~~~+~ ~ LUE'VV~TE € ~ `~ ~~+~ j 4 ~? `~. Lt~ev~~~;-~e~ ~ ~ E ~~ 1/8 Mile Aerial )Photograph (2002) http://1.36.174.1$7.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r°.16&s=4&t3='1 &u=0&p=3:.. 2/26/2007 I~~~~~ . Pinellas. County Property App~er Information.: 32 28 16 14922 046 OQ~Q .- 1 ' rt A rai r ~ "-~ ::- -- P><nellas County Prope y pp se ~ - Parcel Information ~ ~ ~ ~' Page 5 of 5 http://136.174.1$7.13/htbin/cgi-click?o=l &a-1 &b=1 &c=1 &r=.16~.s=48it3=1 &u=0&p=3... 2/26/2007 t; ,; ~,Pixiellas County Property Appr 'Ser Information: 32 28 16 14922 045 00 Page 2 of 5 ~~ ~ ~~ ~ ~~ ~ ~~~~~ ~ ~~~ ~ ~~~Q 26-Feb-2007 Jim Smith, CFA Pinellas County Property Appraiser 09:01:39 , Ownership Information Uacant Property Use and Sales KRAUSER, PETER C ~ OBK: 13753 OPG: D332 KRAUSER, EILEEN A 2295 MACICEN2IE CT CLEAR4JRTER FL 337.65-2241 EVRC: Flan-EUAC Comparable sales value as Prop Addr: '0 of Jan 1, 2406, based on Census Tract: .00 4 D5 - 20 : sales from 200 0 Sale Date OR Book{Page Price {4ual{UnQ) Vac}Imp Plat Infnrmaticn' $ }2,D04 13,753f 332 950,000 {F7) U 0000: Book Pgs - 6 }2,003 12,841{ 540 1,400 {U} I 0000: Boak Pgs - D }0 0~ 0 D { ~ DD00: Boak Pgs - 0 14 0{ 0 0 ~ ) 2006 Value EXEMPTIONS Just{Market: 2,400 Homestead: ND Dwnership ~ .OOD Govt Exem: NQ Use ~; .D00 Assessed}Cap: 2,4D0 Institutional Exem; Fi0 Tax Exempt ~; .004 Historic Exem; 0 Taxable: 2,400 Agricultural: D 2006 Tax Information District: CTF Seawall: Frontage: 'Lake Clearwater Fire View: 06 Millage: 21.4553 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 51.49 1~ 0 x 0 5, 000. QO . 57 A Special Tax . 00 2} 0 x D . OD . 00 3} D x 0 .OD .OD Without the Save-Our-Homes 4} 0 x D DO .00 cap, -2006 taxes will be : 57 0 x 0 DD .00 5f.49 ~ 6) 0 x 0 .OD . 00 Without any exemptions, 20D6 taxes will be : 51.49 Short Legal UNPLATTED LAND IN NW i{4 DESC FRDM INTER OF CJL OF Description 2ND AVE H & E R}lal DF LAKE SHURE DR TH CUR LT RAD Building Ynformation http://136.174.187:13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p-3... 2/26/2007 .Pinellas County Property Appr~ser Information: 32 28 16 14922 04S 0010 Page 3 of 5 26-Feb-~OD7 Jim Smith, CFR Pinellas CDunty Property Appraiser 09:01:3) Vacant Parcel Property User 000 Land Use: 95 ~la.~an~t Extra F~a~tur~e~ Description Dimensions Prics Units Value RCD Year 1) .00 0 0 D D 2) . 00 0 0 0 D 3} .00 D 0 0 0 4) . 00 0 0 0 D 5) . 00 0 0 0 0 6) . 00 0 0 0 0 TOTAL RECORD VALUE; 0 Map Wath Property Address (non-vacant) ®L_.~__1 L"J http://136.174.187.13lhtbin/cgi-click?o=1 &a=1 &b=1 &c=1 &~=.16&s=4&t3=1 &u=0&p=3... .2126/2007 f Page 4 of 5 ,, r " ~.~~3 y ~' ,F',~ v ~ i g i ~ 1/S Mile Aerial. Photograph (2002) http://136.174.187.13/htbn/cgi-click?o=1 &a=1 &b=1 &c-1 &r=.16&s=4&t3=1 &u=0&p=3... 2/26/.2007 Pinellas County Property Appr~'ser Information: 32 28 16 14922 045 0~ ;: Pinellas County Property Appr3Ler Information: 32 28 i6 14922 045 0~ • - ~~ P>~nellas County Property Appraiser ~~' -.~ _ Parcel Information ` ~ -~~ R , Page 5 of 5 http://1.3b.174.1$7.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=. l b&s-4&t3-1 &u=0&p=3... 2/2b/2007 ~,,_ Pinellas County Property Appr~er Information.: 32 28 16 00000 240 O1~ Page 2 of 5 32 / ~+~ ~ 10 ~ 00000, 1 2'40. ~ 0150 26-Feb-?447 Jim Smith, CFA Pinellas County Property Appraiser 49:0?: 04 Ownership Information Uacant Property Use and Sales KRAUSER, PETER C OBK: 13753 OPG: 433,2 KRAUSER, EILEEH R ?295 MACKEH2IE CT CLEARWATER FL 33765-??41 EVAC: Hon-EVf1C Cgmparable sales value as Prop Rddr: 0 of Jan 1, 20D6, based on Census Tract: .00 f 2004 2005 l rom - : sa es D Sale Date OR BoaklPage Price {Qual/UnQ) VaclImp Plat Information $ 1?,444 13,753/ 332 950,000 {M} V D000: Book Pgs - 6 1?,043 1?,441 496 1,404 {U} I 4004: Book Pgs - 0 l0 01 0 0 { } 4DOD: Book Pgs - • 0 IQ 4/ 0 D { } 2006 Value EXEMPTIONS Just{Market: ?,54D Homestead: HO Ownership ~ aao Govt Exem: HO Use ~; .000 AssessedfCap: 2,5D0 Institutional Exem; ND Tax Exempt ~; .4tl0 Historic Exem: D Taxable: 2,54D Agricultural: 0 2006 Tax Information District, CTF Seawall: Frontage; Lake Clearwater Fire View: D6 Millage: 21.4553 Land Size Unit Land Land Land Front x Depth Price Units Meth D6 Taxes; 53.64 1} tl x D 5, 040. DO . 59 A Special Tax. . DO 2} D x 4 . 44 . 44 3} 0 x 0 .OQ . 04 bJithout the Save-Our-Homes 4} 0 x D .00 DO cap, 2006 taxes will be : 5} D x 0 .00 .00 53. 64 ~} 4 x o . Da . 44 LJithout any exemptions, 2006 taxes will be : 5 3. 64 Short Legal UMPLATTED LAHB IH NW 1~4 BESC BEG INTR OF CIL OF Description 2ND AUE H & E RJW OF LAKE SHDRE DR TH ALG E'LY R{W Building Information http:!/1.36.1.74.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=3... 2/26/2007 Pinellas County Property Appr~;er Information: 32 28 16 00000 240 01,4[ Page 3 of 5 ~6-Feh-2D07 Jim Smith, GFR Pinellas County Property Rppraiser D9: 02: 04 Vacant Parcel Property Use; ppp Land Use; 95 }lac2irtt Extra Fea~ur~s Description Dimensions Price Units Value RCD Year 1) . DO 0 0 0 0 ~} .00 0 0 D D 3} .00 0 0 0 0 ~) .00 0 D 0 0 5} .00 0 0 0 4 6) DO D 0 0 0 TDTRL RECORD VALUE, 0 Map With Property Address {non-vacant) http://136.174.187.13/hfbin/cgi-click?o=1&a=1&b=1&c=1&r=:16&s=4&t3=1&u=0&p=3... 2/26/2007 f Pinellas County Property App~er Information: 32 28 16 00000 240 OI~,Q Page 4 of 5 ~. r ~, ~ k Y i ~ Tr1 [~ d i` f }' ~ ~~:`~0~ t1 f ~," I'+") ~, ~ - r t~,4 1~~.7~ t7 ~ ~ ~ ~- rri ?t:~15 ~~o -~t _ ~~,~ -~ ~~~) ~GGI~J`~ _ _ ~i s~~~` ~ r q -~ t , i rte' . ~ ~ ,~. ~^ fr-'~ ~" ~34~ 3 L U E'd4~,K ~ ~ 'fit A-'~, 1/8 Mile Aerial photograph (2002) ,. - http://136.174.187.13/htbin/cgi-click?o=1&a=1&b=1&c=1&r=-.16&s=4&t3=1&u=0&p=3... 2/26/2007 ~'inellas County Property Appr~er Information: 32 28 16 00000 240 O1~Q Page S of S Pinellas County Property Appraiser Parcel Information http:/I136.174187.13/htbn/cgi-click?o=1 &a=1 &b=1 &c=1 &t=.16&s=4&t3=1~&u-0&p=3... 2/26/2007 Chautauqua on the Lake S#andard General Environmen#al Resource ~ermi# for Minor Sys#ems CITY OF CLEARIeVATER, PINELLAS COUNTY, FLORIDA Prepared For: Krauser C©nstruction, Inc. 31111 US 19 N Palm Harbor, Florida 34fi84 Prepared By: AKA 1 KFtASMAN & ASS©CIATES, INC. 1714 County Road 1, Suite 14 Dunedin, FL 34698 Ph©ne (727} 738-0359 Fax (727} 73$-0380 Ma 2006 ORIGINAL Y RECEIVED SAY 2 ~ zaas Job # 06052 ~~`'t-.~.ry~. ~ ° Y. .•.;` -` ` ~;.,, , PLANNIN(~ DEPAI~TI111ENT ; ,t ~_, CITY OF CLEARWATER °` ~ ~ ~ ~. ~ w i ~ ~ ` 1 C : A ;1.~ - _ ~, , ~ ,._ ~ ~ ~ J , ~• S- ,' 4 \ l `/ ` . Ji, t ~ e ' ` ~ ; . ^ ' ~ 4;~ 4 i ~~~ •• ':~ C ;,} f .. .iii. .,~,aj~'xYy n Chautauqua on the Lake City of Clearwater, Pinellas County, Florida STORMWATER MANAGEMENT REPORT I. Overview This report contains the necessary drainage calculations and data to support the permitting and construction of the proposed "Chautauqua on the Lake" residential site located in, Pinellas Gounty, Florida. The site is immediately~adjacent to Lake Chautauqua on the east. The site is a small Pinellas County enclave; annexation to the City of Clearwater has been requested. The project is located east of the intersection of Third Avenue North and First Street East in Section 32, Township 28 South, Range 16 East. The project will consists of the constructian of a private drive, the associated stormwater management system and 8 residential home sites on existing platted lots within the County. The property is 9.98 acres MOL with approximately 5.63 acres MIL being upland the remaining property is within Lake Chautauqua. II. Existing Topographic and Surface Drainage. Patterns The topography of the site varies between elevations of 90 to 83 feet NGVD 1929 according to the boundary and topographic survey prepared by Polaris Associates,.lnc. These elevations concur with the SWFWMD contour aerial photograph. The existing runoff pattern is generally from west to east. Runoff originally crossing the site from west to east will be routed through the site by swale. III. Description of Existing Caver The site is currently vacant with some scattered trees throughout. A single family home was removed from the site last year. The former yard is now overgrown. All exotic species will be removed with the development of the site. IV. Geotechnical Description The Soil Conservation (SCS) Soil Survey for Pinellas County was referenced to determine the onsite soil type and to provide an estimate of the groundwater characteristics. The project is comprised of Astor Soils (Au), Immokalee fine sand (Im), Myakka fine sand (My) and Made Land in the area directly adjacent to the Lake. Astor Soils are described as nearly level, very poorly drained sandy soils in QRIGINAP. swamps. RECEIVED MAY 2 5 20Q6 PLANNING DERARTME~IT CITY QF CLEARWATER r Immokalee fine sand is described as of nearly level poorly drained soil on broad flats. The water table normally is at a depth of 10 to 40 inches. It is within a depth of 10 inches for 1 to 2 months during rainy periods and is below 30 inches during prolonged dry periods. Myakka fine sand is described as nearly level poorly drained soil on broad flats between sloughs and swamps. Made Land is area of previously worked sails. A geotechnical report has been provided by Central Florida Testing Laboratory, Inc. Seasonal High water elevations were approximately 0.5 - 1 feet below existing ground in the area of the pond. A seasonal high of 84.0 was utilized for the drainage calculations which is approximately the normal lake level. V. Environmental Considerations The site is adjacent to Lake Chautauqua. There are no environmentally sensitive areas located within the proposed improved areas of the site. There will be no environmental impacts of any wetlands with the development of the site. VI. Flood-Plain Considerations All exotic species will be removed with the development of the site. According to the FEMA Flood Zone Map of the area, the project lies within Flood Zone X and A. Please refer to FEMA Community Panel #12103C 0088G, Revised September 3, 2003. FEMA Flood Zone X and A represents areas with the base flood elevation described. The Flood elevation as determined is 86.74. VII. stormwater Treatment Desi n Water quality treatment of the stormwater runoff from the proposed site will be accomplished in the proposed retention area located adjacent to lake on the east side of the property. The stormwater treatment system is designed to treat 1" of runoff from the site and will be bled down through an orifice sized according to the SWFWMD design criteria. Water quality treatment will be accomplished through biological filtration within the proposed littoral zone area. In addition to water quality, the City of Clearwater requires the attenuation of the ORIGIfVAI. 25-year 24-hour storm with discharge at the pre developed rate. An outfall RECENED structure has been provided. MAY 2 5 2006 PIpiVNfNG 4EPARTMENT G4TY OF CLERRWATER Chautauqua on the Lake List of Information A. Location Map & Legal Description B. sWFWMD /~-erial Photo C. Geotechnicallnformation D. FEMA Flood Zone -Map E. Drainage Calculations F. Evidence of C)wnership ORIGINAL RECEIVED MAY ~ 5 2006 pLpNNING DEPARTMENT CfTY OF CLEP+R~IJATER Location Map & Legal ®escription ~RIGII~I. REGEfVED MAY 2 5 2U06 PLAP~NfNG DEPARTMENT CfTy OE C~Ep,R1~JATER LOCATION MAP •_ o [ ~: ,_ _:.• c ~ L:: : r -_r - noon „ . `z ~ ~r 4 tk a., d: B o- ~.M~ FT - ~ ... ~ _ m S r b ~ ~ T R " ~ . T ~ .._ _ , , n~s«, z r , ~~t.~ w .. _ _ . .Q .; a . ~ ~ 3~r.a+ tr.' - s.,.. ~ Vtia:w.V , -?i~mare~ nay _ i ~ ,~ ~ _ ~ .' ~ _ ,1d.L N. ~ ,... cv^.mxeR ~ ,' ... .- - .} .. ,i. 3A .a 1 i d a ~ , ; ... ig w u Pru.ar [spa - , e ., - c y'c,aca., o. Z ~. a f ~ Hh 1HC ~ k _ Wrsyet YAY ii .~ - ~ m ~ = ~ acwpee - -.. ~ '. q 7 '.. '.~. ~ s E . n. c1.i, Cir 9t -: . ' ~ E~.y m~~ era...:. ~ P ~ I _ .. „ ~ ~. q•m~.m~ rt a c a- w g ~ o~smm wm , ~ ,r ne~ R> -- tr:Si]BMaeOSm+R hfe .. CdunGa.Or .. _ .. _ , .' :. . . ~ ::' M008 NriYlEG ®RIGINAL RECEIVED MAC 2 5 2006 PLANNING DEPARTMENT CITY OF CLEARWATER ~ LEGAL DESCRIPTION 1 u A PARCEL OF LAND LYING WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION 32, N.89'S8'38"W., 636.76 FEET TO THE POINT OF BEGINNING; THENCE LEAVING THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32, 5.00'00'00"E., 272.57 FEET; THENCE S.45'00'00"W., 73.34 FEET; THENCE S.00'00'00"E., 476.39 FEET TO THE EASTERLY EXTENSION OF THE CENTERLINE OF SECOND AVENUE NORTH {60 FOOT R/W) AS SHOWN ON THE PLAT OF UNIT No. 1 -- SEC. A CHAUTAUQUA ON THE LAKE, RECORDED IN PLAT BOOK 9, 'PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID CENTERLINE AND IT'S EASTERLY EXTENSION THEREOF, N.89"54'48"W., 618.73 FEET; THENCE LEAVING SAID CENTERLINE, N.00'OS'41"E., 235.93 FEET; THENCE 5.89'52'02"E., 134.82 FEET; THENCE N.00'00'04"W., 326.37 FEET; THENCE N.00'16'S8"E., 238.10 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE. NORTHWEST 1/4 OF SAID SECTION 32, S.89'S8'38"E., 534.20 FEET TO THE POINT OF BEGINNING. CONTAINING 9.9695 ACRES, MORE OR LESS. CRIGINAC RECEIVED MAY 2 5 20€16 PLANNING DEPARTMENT CITY OF CLEARWATER SWFWMD Aerial Photo ORIGINAL RECEIVED MAY ~ 5 2006 pLAI\1N4NG DEPARTMENT CIN OF CLEARWATER ~~~ ~~? `; ~` A Ifs. 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X~ ~ ~ _ ~ ~ , ~' f 1 r9_ 'a~1i~~~ .,~.T'i rtl i'a~' YS3f =1+, . r 3 ~`~~; j ~~~~; e zz a (Joins sheet 9) ' T. 2$ S. ' "~ ~• PINELLAS COUNTY, FLORIDA N0. 8 Land division corners are approximately positioned on this map, 1'INELLAS COIINTY, FLORIDA t Representative profile of Astor fine sand: A11'0 to 14 inches, black (lOYR 2J 1} fine sand; weak, fine, crumb structure; very friable; many fine roots; medium acid; clear, wavy boundary. A12-14 to 26 inches, black (lOYR 2J1), rubbed finelOYR common coarse pockets of Light brownish gray 6f 2); weak, fine, crumb structure; very friable; many fine roots; slightly acid; gradual, wavy boundary. CI--26 to 40 inches, light brownish-gray (LOYR 6J2) fine sand; single grain; loose; few fine roots; slightly acid; gradual, smooth boundary. C2-40 tv 80 inches, grayish-brown (lOYR 5J2) fine sand; single grain; loose; few fine roots; slightly acid. The A horizon ranges from black to veryy dark gray or very dark brown and is 24 to 36 inches thick. It is 5 to 15 percent `organic matter. The A horizon. is slightly acid to medium acid. In places a layer 3 to 6 inches thick, consisting of mixed material from the A and C horizons, is just below the A horizon. The upper part of the C horizon is commonly light brownish gray or Light gray but grades to darker colors m the lower part. _ The C horizon is slightly acid to mildly alkaline. The water table is typically within a depth of 10 inches for 2 to 9 ' months of the pear. Daring wet periods it rises to the surface and the soils are often flooded. Dunng dry periods it is usually at s depth of 20 to 40 inches. The Astor soils mapped in Pinellas County are more acid in the C horizon than the range defined for the series, but this does not appreciably affect use or management. Astor soils are associated with Immokalee, Myakka, Placid, and Pompano soils. They are more poorly drained than Immokar Lee and 1Vlyakka soils and have a thicker Al horizon and no dark- brown stained underlying layer. They have a thicker surface layer than Placid and Pompano sails and are less acid than Pompano soils. Astor fine sand (At).--This is a nearly level, very poorly drained soil in depressions and sloughs. It has the profile . escribed as representative for the series. The water table ~s within a depth of 10 inches for more than 6 months most ears. Shallow water covers many areas during wet periods. Included in mapping are small areas near the outer ges of depressions where the surface layer is less than 20 ches thick. These inclusions make up no more than 15 percent of any mapped area. Also included are small real that have loamy layers at a depth of 40 to fi0 inches nd small areas of Placid soils. Neither of these inclusions akes up more than 5 percent of any mapped area. V9here water control can be establlshed, and drainage utlets are available, this Astor soil is well suited to im- raved pasture and to trunk. and flower crops. It is also vell suited to 1aFVns and ornamental plants. It is poorly suited to citrus because of difficulty in maintaining adequate water control. (Capability unit IIIw-3; wood- ~land group 8) Astor soils (Au).-These are nearly level, verp poorly drained sandy soils in swamps. They were no E Investigated in enough detail to map the component soils separately because many areas are Inaccessible or are covered with water. IxI about 40 percent of the acreage the surface. layer is black, medium acid sand 10 to 20 inches thick; in about 20 percent of the acreage it is black medium acid sand zn.ore than 20 inches thick; and in about 15 percent it is black acid sand 10 to 20 niches thick. The surface Layer is underlain by brown or light-brown sand that extends to a depth of nacre than 80 inches. One or more of these soils makes up at least 75 percent of any mapped area. The proportion of each soil varies from area to area. About 25 percent of the acreage is made up of several kinds of Ivet 9 sandy soils. Pater covers these soils 2 to 9 months most years and 9 months or more during vet years. Dense swamp vegetation sold very poor drainage make these soils unsuited to farming. They are suited mainly to wildlife habitat. (Capability unit VIIiv-1; a*oodland group 8) Charlotte Series The Charlotte series consists of nearly level, poorly drained sandy soils that formed in deep beds of marine sands. These sails occur ffi weakly defined drainage~va3-s and shallow depressions. Typically, the surface layer is dark-gray fine sand about 5 inches thlck. It is underlain byy a layer of light bro~vnish- grayfine sand fi inches thick. Below this is yellowish-brown to pale-yellow fine sand that extends to a depth of 29 inches. Layers of nearly ~cvhite and Light-gray fine sand extend to a depth of SO inches. Reaction is medium acid to a depth of F6 niches and slightly acid below. The water table is at a depth c,f about 10 inches far a few months in most years. Charlotte soils have very rapid permeability, very low available water capacity, low organic-matter content, and low natural fertility. Representative profile of Charlotte fine sand: Al-0 to 5 inches, dark-gray (lOYR 4/1), rubbed fine sand; weak, fine, crumb structure; very friable; mixture of organic matter and light-gray sand grains that has asalt-and-pepper appearance; many fine roots; medium acid; clear, smooth boundary. A2-5 to 11 inches, light brownish-gray (iOYR 6J2) fine sand; single grain; loose; common fine and. medium roots; medium acid; clear, smooth boundary. $2ir-11 to 25 inches, coarsely mottled, yellowish-brown (10YR 518) and strong-brown. (7.5YR 518) fine sand;. single grain; loose; few fine roots; yellow coatings, on sand grains; few iron concretions 1 centimeter or less in size; medium acid; clear, smooth boundary. $3ir-25 to 29 inches, pale-yellow (2.5Y 7{4) fine sand; single grain; loose; few fine roots; thin yellow coatings on most sand grains; medium acid; clear, smooth boundary. C1-29 to 66 inches, white (2.5Y 812} fine sand; single grain; loose; medium acid; gradual, smooth boundary. C2-66 to 80 inches, light-gray (2.5Y 7/2) fine sand; single grain; loose; slightly acid. The Al horizon ranges from dark gray or dark grayish brown: to black and is 4 to 7 inches thick. The A2 horizon is dark gray or light brownish gray to nearly white and is 5 to 12 inches thick. A Bir horizon is below the A horizon. It has shades of brown and yellow and is 7 to 30 inches thick. The upper part of the C horizon is light gray or white, and the lower part commonly is grayish brown. Reaction ranges from medium acid to moderately alkaline in all layers. The water table is within a depth of 15 inches for 2 to 6 months in mast years. During wet periods it rises to the surface and floods the soils. During dry periods it is at depths below 20 inches. Charlotte soils are associated with Astor, Felder, 1~2yakka, and Pompano soils. They do not have the thick black A horizon typical of Astor soils. They do not have a loamy Layer within a depth of 30 inches as do Felder soils. They do not have the Soils InlhavinyPa yellow to st ong browhn B2 ff horizon Pompano C11arlotte fine sand (Ch).-Tlus is a nearly level, poorly drained soil in grassy sloughs and shallow depresslons in the flatwoods. The water tale is within a depth of 10 inches for 2 to 6 months in most years. It rises to the surface during wet periods, and the Boll is flooded for a short time. During dry periods It is 20 to 40 inches be~~IGti e~surface. i~ECEIVED PI~4NNING DEPARTMENT ; CITY OF CLEARWATER ~' ~~ SOIL SIIFtYEY Fellowship soils have medium available water capacity and moderately high organic-matter content and natural fertility. The underl~ring layers are very slowly permeable and have a high shrink-swell potential. Representative profile of Fellowship Ioamy fine sand: All-0 to 6 inches, black (lOYR 2/1) Ioamy fine sand; weak, fine, crumb structure; very friable; many fine and coarse roots; very strongly acid; clear, smooth boundary. A12--6 to 11 inches, very dark gray (LOYR 3/1) loamy fine sand; common, fine faint, Ight-gray mottles and few, medium, black (10~'R 2J1) mottles; weak, flee, crumb structure; friable; common fine and medium, roots; very strongly acid; abrupt, smooth boundary. B21tg-11 to 23 inches, grail (10YR 5/1} fine sandy clay; common, fine, distinct, light-gray (1DYR 7J1) mottles and common, fine, prominent, yellowish-red (5YR 5/6) mottles; moderate, coarse, subangular blocky structure; plastic; many flee and medium roots and few coarse roots; common clap films along ped faces and root channels; very strongly acid; gradual, smooth boundary. B22tg-23 to 49 inches, gray (lOYR 6J1) clap; common, medium,. distinct, yellow (lOYR 7/6} mottles and common, coarse, prominent, yellowish-red (5YR 4/6) mottles; coarse, suban~°ular blocky structure; firm; few fine and medium roots; common clap films along ped faces and root channels; strongly acid; clear, smooth boundary. Cg-49 to 70 inches, light olive-gray (5Y 6/2) clay; common, coarse, prominent, yellow (lOYR 7J6) mottles; few, coarse, faint, gray (lOYR 5J1) mottles of fine sandy loam; massive; plastic; few fine and ~ medium roots; medium acid. The Al horizon ranges from 10 to 20 inches in thickness and from very dark grayish brown to black in color. It is friable to very friable. The B2tg horizon ranges from sandy clay loam to sandy clap in the upper part and clay loam to clap in the lower part. Reaction is strongly acid to veep strongly acid in the upper 23 inches and medium acid to strongly acid below this to a depth of 70 inches. During wet periods the water table is perched at a depth of less than 10 inches. Fellowship soils are associated with Astatula, Felda, Manatee tiVabasso, and Wauchula soils. They are more poorly drained and finer textured than Astatula soils. They have a thicker Al horizon than Felda soils. They are not so poorly drained as Manatee soils. They do not have the highly leached A2 horizon or the organic-matter stained Bh horizon typical of Wabasso and Wauchula soi]s. Fellowship loamy fine sand (Fh).-This is an undulatixlg poorly drained soil on uplands. The water table is perched at a depth of about 10 inches during wet periods. Included in mapping are a few areas where slopes are 5 to 8 ercent. In about 10 percent of the acreage the surface layer is gray and more than 20 inches thick. ~Pa- basso fine sand anal a few areas around sinkholes where slopes are 5 to 8 percent make up about 5 percent of some ma ped areas. This soil is moderately well suited to row clops, citrus, improved pasture,. lawzl grasses, and ornamental plants. Intensive erosion control is needed. A small acreage is in citrus, but most areas are in native vegetation. (Capability unit IIIw-4; woodland group 6) Immokalee Series The Immokalee series consists of nearly level, poorly drained sandy soils that formed ul thick beds of acid marine sands. These soils occur mostly in broad areas between sloughs in the flatwoods. Typically, the surface layer is black fine sand about 5 inches thick. It is underlain by gray to white fine sand about 31 inches thick. Below this is dark reddish-brown fine sand about 14 inches thick. The upper part of this layer is weakly cemented, friable, and slightly darker colored than the lower part. This layer is underlain by very pale brown fine sand that extends to a depth of more than. 80 inches. Reaction is strongly acid to a depth of 36 inches, very strongly acid between 36 and 50 inches, and strongly acid below this to a depth of 80 inches. The water table i s normally at a depth of about 30 inches.' Tmmokalee soils have very lo~v available water capacity, low or snit-matter content, anal low natural fertility. Permeability is raid to a depth of 36 inches, moderate between 36 and 50 inches, and rapid below this depth. Representative profile of Immokalee fine sand: Al-0 to 5 inches, black (lOYR 2/1) fine sand; weak, fine, crumb structure; very friable; mixture of organic matter. and light-gray sand grains has a salt-and- pepper appearance; many fine, medium, and coarse roots; strongly acid; clear, smooth boundary. A21--5 to 11 inches, gray {lOYR 6/1) Sne sand; single grain; loose; common fine and coarse roots; strongly acid; clear, smooth boundary. A22-11 to 36 inches, white (10YR 8/1) fine sand; single grain; loose; common fine roots; few vertical streaks of very dark gray (lOYR 3/1} along root channels; strongly acid; clear, wave boundary. B21h-36 to 41 inches, dark reddish-brown (5YR 2J2) fine sand; weak, fine, crumb structure; very friable; weakly cemented; many fine and few coarse roots; most sand grains coated with organic matter common coarse fragments of weakly cemented black (5YR 2J1) along root channels; very strongly acid; clear, wavy boundary. B22h-41 to 50 inches, dark reddish-brown. (5YR 3/4) fine sand; weak, fne, crumb structure; very #riable; weakly cemented common fine roots; sand grains well coated with organic matter; few coarse, weakly cemented, black (5YR 2J1) fragments along root channels; very strongly acid; gradual, wavy boundary. C-50 to 80 inches ~-, very pale brown (lOYR 7/4) fine sand; single grain; loose; strongly acid. The Al horizon ranges from gray to black is color and from 4 to $ inches in thickness. The A2 horizon ranges from gray to white in color and from 27 to 36 inches in thickness. It is typically darker just below the Al. horizon. Few to mane narrow vertical streaks of gray to very dark gray are along root channels. A transitional horizon, 34 inch to 2 inches thick, is commonly between the A2 horizon 'and the Bh horizon. A very dark brown to black, organic stained horizon is at a depth of 30 to 60 inches. It is 4 to 19 inches thick and is loose to weakly cemented. The C horizon ranges from dark grail or gray to yellowish brown and very pale brown. It extends to a depth of 80 inches or more. Reaction ranges from strongly acid to very strongly acid in all layers. The water table is at a depth of 1D to 40 inches most of the year. It is at less than 10 inches for 1 or 2 months during wet seasons and is below 40 inches during prolonged dry periods. Immokalee soils are associated with Adamsville, Myakka, Placid, Pomello, St. Isucie, and wauchula soils. They are not so well -drained as St. Lucie and Adamsville soi]s. They are more poorly drained than Pomello soils. They are similar to ' Myakka soils, which have an organic layer at a depth of less than 30 inches. They are better drained than Placid soils. They do not have loamy layers below the organic-stained Bh horizon as do Wauchula soils. Immokalee fine sand (Im).-This is a nearly level, goorly drained soil on broad fiats between sloughs. It also occurs in small areas at higher elevations in associa- tion with better drained soils. The water table normally is at a depth of 10 to 40 inches. It is within a depth of 10 inches for 1 or 2 months during rainy periods and is below 30 inches during prolonged dry periods. Small areas of similar soils that have tb~~hter RECEIVED MAY 2 5 2Q~16 PLANNING DEP~4RTMENT CITY OF CLEARV`~ATER PIi~FLLLAS COU1'rTI', PLQRIDA. colored, organic-matter stained underlying layers make up no more than 15 percent of any mapped area. Pomello 'and Nlyakka soils each make up about 5 percent of some. mapped areas, and smaIl areas tivhere slopes are 2 to 5 percent make up less than 1 percent. .Im~nokalee fine sand is suited to truck crops, special flo+ver crops, and improved pasture if the water-control system is well designed and fertilization is adequate. This soil is also stuted to lawn grasses and ornamentals but ,requires water-control practices and-heavy fertilization. 'It is poorly suited to citrus. Severe limitations result from ~retness and poor inherent soil qualities. (Capability unit IVw-1; woodland group 4) Made Land Two types of Made land are mapped in Pinellas County. They are described in the following paragraphs. Made land (M a) consists of mixed sand, clay, hard rock, shells, and shell fragments that have been transported, reworked, and leveled by earth-moving equipment. Many areas consist ,of material that has been dredged from the bay and used to fill diked areas. Coarser sludge materials are deposited near the outlet of discharge pi es and finer materials settle in more distant positions. Rocks }2 inch to 12 inches in diameter are common. Numerous silicified oyster shells and some animal fossils occur in these ma- terials. Stratification is apparent in the mater-transported they usuallyaare sand erna.nd do oG contain silicified shells 's and fossil . Made land is underlain at a depth of 2 to 8 feet by vari- ous kinds of material. In some areas it is underlain by the sandy bay bottom, and in others by Tidal swamp that has layers of fibrous peat 20 inches or less thick. Some of_the material transported by truck has been deposited over solid rubble consisting of chunks of concrete, discarded appliances, and broken aslihalt. Made land occurs mainly in urban areas, along the coast and keys, and as manmade islands built in shallow water. In coastal areas it has been built up~ to provide desirable locations for residential development. Recently deposited material shows very Little profile development and has severe limitations for plants. Topsoil, irrigation, and special fertilizers are needed for good growth of Lawns and ornamental plants. (No capability classification; wood- land growp 9) M d consists of sand, clay, Made land, sanitary fill ( ) ~. ro ortions de- shells, and shell fragments in varyinb p p posited over refuse and garbage. Holes 12 to 36 feet deep are filled with refuse and garbage and then topped with 3 to 6 feet of soil material. The surface material is reworked and leveled. This mass of mixed material is highly com- pacted in the surface layer but is very loose in the underly- ing refuse. Most of these holes have been dug in soils that have a high water table, and most of the refuse is below water. The tivaterlogged refuse has low bearing capacity. (No capability classification; woodland group 9) Manatee Series The Manatee series consists of nearly level, very poorly drained sandy soils that have a Loamy subsoil. These shoe s are in shallow depressions and broad drainageways. T y 13 formed in beds of loamy marine sediments under wet conditions. Typically, the surface layer is black to very dark brolvn loamy fine sand about 18 inches thick. Belotiv this is grayish-brown fine sandy loam, about 16 inches thick, that is mottled with yellowish brown, very dark grayish brown, and light gray. The next layer is grayish-brown fine sandy loam, about 10 inches thick, that is mottled with dark yellowish brown, yellowish bro4vn, and. gray. This layer has accumulated clay-sized carbonates. that coat the sand grains; it also has scattered nodules and pockets of white marl, Belotiv this is light brownish-gray, nonsticky fine sand that extends to a depth of 72 inches or more, All layers are mildly alkaline. The water table nor- mally is within a depth of 10 inches. Some areas are covered with shallow water most of. the year. Manatee soils have very high available water capacity,. high org~ni~-matter content, and high natural fertility. Permeability is moderately rapid to a depth of about 18 inches, moderate between 18 and 44 inches, and rapid below this depth. ~~ Representative profile of Manatee loamy fine sand: Ap--0 to 11 inches, black {lOYR ~/friable~maay finer Dots,- $~ Sne, crumb structure; very to 12 percent organic matter; mildly alkaline; clear, smooth boundary. Al-11 to 18 inches, very dark brown (10YR 2J2) loamy fine sand; weak, fiae, crumb structure; very friable; many fine roots; mildly alkaline ;clear, irregular boundary. B21tg~1$ to 34 inches, grayish-brown {lOYR 5J2) fine sandy loam; common, medium, distinct, yellowish-brown (lOYR 5Js) mottles; few, fine, .faint, light-gray and very dark grayish-brown mottles; weak, medium, subangular blocky structure; very friable; sand grains coated and bridged with clay; many fine roots; mtldls~ alkaline; gradual, wavy boundary. fine B22tgca-34 to 44 inches, grayish-brown (lOYR 5/2) sandy loam; common, medium, faint, dark pellowish- brown (10YIi, 314) mottles; common, medium, dis- tinct, yellowish-brown (lOYR 5J8) mottles and com- mon, coarse, faint gra (lOYR 5f 1) mottles; many coarse white (lOYR 8J~) splotches of fine sandy loam marl; moderate, medium, crumb structure;~tick d grains coated and bridged. with clay; slightly ., y; mildly alkaline; calcareous; gradual, wavy boundary. Cg--44 to 72 inches, light brownish-gray (lOYR 6J2) fine sand; siagle grain; mildly alkaline. .~ The Al' and Ap horizons range from black to very dark brown and are 10 to 20 inches thick. The Btg horizon is dark grayish brown to light gray, is mottled with lighter and darker colors, and ranges from 12 to 2$ inches in thickness. The C horizon is light brownish-gray or nearly white sand that extends to a depth of 72 inches or more. Reaction ranges from slightly acid to mildly alkalise in all layers. The water table is within a depth of 15 inches for 6 months or more in most years. Soils in depres- sions are covered with shallow water for more than 9 months. Manatee soils are associated with Astor, Felda, Myakka, Pompano, and wabasso soils. In contrast with Astor and Pom- pano soils,. they have a Btg horizoa. They have a finer textured mo tpoo 1y drainedothan Myakkaaand Wabasso soils. They are Manatee loamy fiae sand. (M n).JThis is a nearly level, very poorly drained soil that has a loamy subsoil. It occurs in depressions and. along broad draanageways: The water table commonly is at a depth of less than 10 inches. Sails in depressions are covered with water far more than 6 months in most years. Included in mapping are smaII areas of'similar soils that are finer textured throughout. These inclusions make up about I5 percent of any mapped area. Als~ are a RECEfVED ~~~ 2 ~ 206 PLANNING DEPARTMENT CfTY OF CLEARWATER 14 SOIL SURVEY few small areas that are strongly acid tln•oughout and do not have marl accumulated in the lower layers. This soil responds well to artificial drainage. If properly designed water-control practices are used, it is well suited to truck and flower crops and improved pasture. It is poorly suited to citrus unless intensive water control is established. (Capability unit IIIw-3; tivoodland group 7) Myakka Series 1 1 f i The Myakka series consists of nearly level, poorly drained sandy soils that formed in thick beds of acid ma- rine sands. These soils are an broad low ridges between sloughs and swamps in the flatwoods and in small areas on the upland ridge. Typically, the surface layer is black fine sand about 4 inches thick. Belo`v this is loose gray fine sand about 12 inches thick. The next layer is or anic-matter stained, weakly cemented, friable fine-sand a~out 14 inches duck. The upper part of this layer is black, the middle part is dark reddish brown, and the lower part is dark yellowish brown. Below this is lighter colored fine sand that extends to a depth of more than $4 inches. Reaction is very strongly acid to a depth of about 2Q inches and strongly acid below this to a depth of 84 inches. The water table normally is at a depth of 24 inches. Myakka soils have very low available water capacity, low organic-matter content, and low natural fertility. Permeability is rapid to a depth of about 16 inches, mod- erate between 16 and 25 inches, and rapid below this depth. Representative profile of Myakka fine sand: i i i i i Al-0 to 4 inches, black (10YR 2/1) rubbed fine sand; weak, fine, crumb structure; very friable; mixture of organic matter and Iighv-gray sand grains has asap--and- pepper appearance; many fine and coarse roots; very strongly acid; clear, smooth boundary. A2-4 to 16 inches, gray {lOYR 6/1) fine sand; single grain; loose; many medium and coarse roots; very strongly avid; clear, smooth boundary. B21h-16 to 2~ inches, blsck (5YR 2/1) fine sand; weak, fine, crumb structure; weakly cemented; most sand grains well coated with organic matter; many fine and me- ~ium roots and tew coarse roots; very strongly acid; clear, smooth boundary. B22h-20 to 25 inches, dark reddish-brown (5YR 2/2) fine sand; weak, fine, crumb structure; weakly cemented; sand grains well coated with organic matter; common fine and medium roots; common fragments of weakly cemented black (5YR 2/1) along root channels; strongly acid; clear, wavy boundary. B3&Bh-25 to 30 inches, dark yellowish-brawn (lOYR 3/4) fine sand; few, medium, distinct, dark reddish-brown {5YR. 2/2} mottles and few medium; faint, brown (10YR 5/3) mottles; single grain; loose; most sand grains are weakly coated with organic matter; few fine and medium roots; strongly acid.; gradual, wavy boundary. C1T30 to 54 inches, light yellowish-brown {lOYR 6f4) fine sand; single grain; loose; common coarse roots; few fragments of brown (7.5YR 4/4) along root channels; strongly acid; gradual, wavy boundary. CZ-54 to 84 inches, very pale brown (lOYR 7/3) Sne sand; single grain; nonsticky; strongly acid. The Al horizon ranges from gray to black and is 3 to 9 inches thick. The A2 horizon is gray and grayish brown to white and is 6 to 27 inches thick. In places it has few to many narrow vertical streaks of gray to very dark gray along root channels. Com- monIy atransitional horizon ~ inch to 2 inches thick is between the A horizon and the B horizon. The organic-matter stained Bh horizon is at a depth of 12 to 30 inches. It is very dark brown to black, is 4 to 19 inches thick, and is loose to weakly cemented. The C horizon is gray to very pale brown, light yellowish brown, and brown. It extends to a depth of 80 inches or wore. Reaction is slightly acid to very strongly acid in all layers. The water table is at a depth of 10 to 30 inches for 4 to 6 months every near and at less than 10 inches for 1 to 4 months. It is below a depth of 30 inches during dry periods. Myakka soils are associated with Adamsville, Astatula, Immokalee, Placid, and Pomello soils. They have a Bh horizon, whereas Adamsville soils do not. They are more poorly drained than Astatula and Pomello soils. They are similar to Immokalee soils but the organic-matter stained Bh horizon is closer to the surface. They are better drained than Placid soils. Myakka fine saad (My).-This is a nearly level, poorly drained soil on broad flats between sloughs and swamps. In places it is gently sloping. The water table is normally at a depth of 10 to 30 inches. It rises to the surface for a short time during wet periods and falls below 30 inches durin extended dry periods. Inc~uded in mapping are small areas of similar soils in which the layer stained with organic matter is only weakly defined. These inclusions make up no more than ZO percent of any mapped area. Small areas of Immokalee soils make up no more _than 10 percent of any mapped ,area. Small areas of Wabasso, Wauchula, and Oldsmar soils, which have loamg undexlyixlg layers in places, make up no more than 5 percent of any mapped area. If good water control is practiced and the soil is fertilized and limed, Myakka fine sand is suited to truck crops, special flower crops, and improved pasture. It is poorly suited to .citrus and is only moderately well suited to lawns and ornamental pls,nts. (Capability unit Nw-1; woodland group 4) Okeechobee Series The Okeechobee series consists of nearly level, very poorly drained organic soils that formed in thick beds of aquatic plant residues. These soils are in depressions and low swampy areas. Typically, the surface layer is black muck about 26 inches thick. Below this is very dark brown and dark reddish-brown felty peat that extends to a depth of 65 inches. Reaction is slightly acid to a depth of 26 inches and medium acid below this depth. The water table is within a depth of IO inches or the soil is covered with shaIIow water most of the year. Okeechobee soils have rapid permeability, very high available water capacity, very high organic-matter content, and high natural fertility. Representative prole of Okeechobee muck: Oa-0 to 26 inches, black (N 2/0) muck; weak, coarse, crumb structure; friable; less than 5 percent fiber, rubbed and unrubbed; about 80 percent organic matter; many fine roots in upges part of the horizon; sodium p ophosphate extract color is dark brown (10YR 3~ ; slightly acid; gradual, smooth boundary. Oel-26 to 34 inches, very dark brown {lOYR 2/2) partly decomposed organic material; soft, feltp, fibrous peat; black (lOYR 2/1) when rubbed; massive; 64 percent fiber when unrubbed, 15 percent fiber when rubbed; about 85 percent organic matter; sodium pyrophos- phate extract color is light' gray (lOYR 7/2) ; medium acid; gradual, smooth boundary. Oe2-34 to 65 inches, dark reddish-brown (5YR 3/4) partly decomposed organic material; soft, felty, fibrous peat; dark reddish brown {5YR, 3/2) when rubbed; massive; 60 percent fiber when unrubbed; 20 percent fiber when rubbed; about 90 percent organic matter; medium acid. The Oa horizon is black or very dark bra} 20 to 30 inches thick. The Oe horizon is dark-brog,~ reddish- MAC 2 5 X006 QLAfVNING DEPARTiVIENT CITY OF CLEARWATER Central Florida Tes#ing Laboratories, Inc. JE~.tLYLL], ~~v~Co~mEn.t anct c~E~~x2eh 12625//- 40th. Street North Clearwater, Florida 33762 TAMPA BAY AREA (727) 572-9797 FLORIC3A 1-800-248-CFTC FAX (727) 299-0023 Lake Chatauqua Pre-Design Testing of Soils May, 200fi Lab No: 183707 Prepared For: Krauser Construction., Incorporated P.O. Box 14257 Clearwater, Fl 33766 Issued to: Krauser Construction, Incorporated Sand Dollar Development Krasman & Associates, Incorporated ORIGIi~,B-I. RECEIVED MAY 2 5 20~~ PIAI~NING DEPARTMENT CITY OF CLEARVJATER Central Florida Testing Laboratories, Inc. 12625 - 40th Street North, Clearwater, FL 33762 ' Central 1=iorida Testing Laboratories, Inc. J ES.GLYLq 1~E(7ELO~LI7ZEYli, LU7.d C~ES,EGGZL'h 12625/- 40TH STREET N~R7~i CLEARWATER, FL 33762 TAMPA BAY AREA X727) 572-9797 FLORIDA 1~-800-248-CFTC FAX (727) 299-0023 May 22, 2006 Mr. Peter C. Krauser C7R~G~~IAL Krauser Construction, Incorporated RECEIVE P.O. Box 14257 Clearwater, F133766 MAY 2 5 2006 Re: Lake Chautauqua Property Pl,p,~NiIVG DEPARTMENT Preliminary Geotechnical Investigation - Report No. 183707 CIN OF CLEARVJATER Dear Mr. Krauser: As authorized by your office and coordinated with Mr. Bill Sweetnam of Sand Dollar Development Corporation, we have completed our preliminary pre-design soils testing of the proposed roadways and drainage ponds at the above noted project. SCOPE OF SERVICES Our Scope of Services included conducting shallow auger borings at estimated locations (approximately 200' intervals) in proposed roadways, classifying the twenty-two (22) soil samples identified by these borings, recording existing water tables and noting indicators of seasonal high water table levels, and recording soil profiles, water table levels and estimates of seasonal high water levels in the proposed retention ponds. 'GENERAL SITE CONDITIONS This project is located in the central portion. of Pinellas County, just east of US Highway 19, west of East Lake Road, north of Sunset Point Road, and south of Enterprise Road in the Countryside area of northern Clearwater. More specifically, the site is situated on the west side of Lake Chautauqua, east of First Street East. The site consists mainly of undeveloped land with asingle-family residence present in the southern portion of the property. It is wooded with large oak trees and sparse pines along with low growing vegetation throughout the majority of the site. A chain link fence was found along the western perimeter of the site, with access gained through an open gate located in the center of the property. Less dense vegetation was observed in the eastern section, with open areas present where drainage ponds are planned. DISCUSSION OF LABORATORY TESTING Samples obtained in the field were visually classified following NRCS (Natural Resource Lake Chautauqua -Preliminary Geotechnical Investigation Report No. I83707 Page Conservation Service) guidelines, which closely resemble ASTM D-24$8, titled "Description and Identification of Soils". This visual method is used to describe samples encountered in the field, which are labeled and brought back to our laboratory in sealed containers and inspected by our Staff Geologist. All soils are then dried to a constant weight and prepared for the appropriate testing, which may consist of any or all of the following: ORIGINAL. 1. Sieve analysis per AASHTO Designation T 27-93 RECEIVED 2. Atterburg Limits of Soils - AASHTO T 89-94 & T 90-94 MAC 2 ~ ~~~~ p4A,NNfNG ©EPART~E'NT ' 3. Organic Content of Soils - AASHTO T 267-86 CITY OF GtE,p,RWgTER Based on results of appropriate tests,. the soils are classified per AASHTO M 145-91. ROADWAY PROFILE BORINGS The four (4) profile borings detailed on the accompanying pages of this report, identified fourteen (14) granular fine sands and granular fine sands with a trace of roots listed as A-3, two (2) non-plastic slightly clayey sands, one (1) low plasticity (P.1.=5) clayey sand, and one ' moderately plastic (P.L=13) clayey sand listed as A-2-4, and one (1) soil with a sufficient amount of organic matter (6.5%, by weight) to be classified as A-3/A-8 by the AASHTO Classification System. These soils are all described in the Soil Description key found on page 4 ' of the accompanying report. The borderline organic rich soil, sample #3, was encountered at location HA-1 at a depth of -1.5 to -1.9 feet bls (below land surface) and should present no problem at this organic level to the roadway if mixed with underlying granular soils during initial grubbing and stripping operations. Once surface vegetation and underlying root systems are removed, this layer will be more accessible and can be blended more easily using a dozer or other suitable equipment. The moderately plastic clayey sand, sample #13, was encountered at a depth of 5.5 feet at location #3 and was found to extend to the termination depth, of 6.0 feet bls. Due to the depth at which this soil was encountered, it should present no problem to the constructed roadway but may need to be removed if present at or above proposed utility lines. This determination should be made in the field once trench lines are dug, exposing the questionable plastic soils. WATER TABLE DETERMINATIiON5 In the proposed roadways, existing water tables were found from -4.8 to greater than -6.0 feet below existing ground, with estimates of historical seasonal high ground water levels recorded from -0.6 to -1.4 feet. For reference purposes, the NRCS (Natural Resource Conservation Service) shows the western portion of the property, prior to development, as containing the following predominant soil series with associated SHWT levels: Inc. Central Florida Testing laboratories, 12625 - 401n Street North, Clearwater, FL 33762 ' Lake Chautauqua -Preliminary Geotechnical Investigation Retort No. 183707 Soil Series Myakka SHWT (ft) <10„ Season Occurring 1 to 4 months Page 3 Based on conditions found, underdrain will be required unless the site is raised to levels that will eliminate the need to artificially lower the ground. water levels to protect the roadway. This determination, however, needs to be made after f nal construction drawings are reviewed to compare estimated seasonal high groundwater levels versus final roadway grades. Field evaluation of the site during construction operations could also be performed to provide additional data to~help in this evaluation. Replacement of natural soils back into excavated trench Lines will require that soils are at a moisture content that will allow required density to be obtained. Generally, a maximum of 2% over established. optimum moisture is considered acceptable to allow proper compaction to be obtained. Ideally, soils compacted at optimum moisture need less compactive effort to achieve required density. PROPOSED PONDS A total of two (2) shallow auger borings (HA-5 & HA-6) were performed to determine soil profiles, current water table levels, and estimates of historical seasonal high water table levels. As indicated by the results, organic soils were found at location HA-5 from the surface to a depth of 2.0 feet bls, followed by sands and low plasticity clayey sands to 5.0 feet. At this point, a moderately plastic clayey sand was found that terminated the boring at 5.0 feet. HA-6 found a . similar profile with the exception of the surface organics, which were not present at this location. The remaining profile consisted of granular fine sands and the same clayey sands found at location HA-5. The organic soils and the moderately plastic clayey sand are not suitable for use as structural fill due to physical properties that are detrimental to the long-term performance of roadways or structures. While Myakka soils are listed for the roadway areas of the site, the NRCS lists the pond areas as containing a combination of Astor and Orlando soils. These designations are the same as Myakka from a SHGW standpoint, with levels estimated at < 10" for 1 to 4 months of the year. Estimates of historical SHGW levels based on the soil. prof les defined by the borings performed were r +0.2' at location HA-5 and -0.4 feet at location HA-b. These results are in general agreement with the NRCS listings, with the exception of HA-5. This above ground estimate was based on the highly organic soils present on the surface and the shallow water table encountered. This information is based on the conditions found at the specific locations tested and may or may not be representative of the entire area of the individual ponds. For this reason, data obtained may not be suitable far calculating fill quantities due to strata inconsistencies not discovered by this investigation. Non-plastic granular fine sands are suitable for use as structural fill anal could be used in roadways or building areas. Organic rich soils and plastic clay soils are not suitable for these applications and should not be excavated for this purpose, when encountered. ORIGINAL RECEIVED ~i~Y 2 ~ 2006 Central Florida Testing Laboratories, Inc. PLAN 12825 - 40`h Street_North, Clearwater, FL 337fi2 CITY OF CLEARWATER Lake Chautauqua -Preliminary Geotechnical Investigation Report No: 183707 Page ¢ CONCLUSIONS This preliminary investigation, based on the data obtained at the specific locations tested, has determined that the proposed roadway alignment and drainage ponds contain four (4) soils that will need to be addressed due to the organic content (samples #3, #20, & #21) and the plastic characteristics (sample #13) established by laboratory analysis. The organic soil encountered in the roadway can be dealt with by mixing or blending with surrounding granular fine sands to reduce the organic content to acceptable levels while the deeper plastic clayey sand will not adversely affect. the roadway but may need to be removed and replaced. with suitable noncohesive soils if used as backfill over installed utility lines. This removal would only be in the area of the trench line and assumes that the material is consistent in composition to the sample found by this investigation. Estimated seasonal high water levels found at the locations tested suggest that underdrain will be required to artificially lower ground water levels. We suggest that final construction. drawings ' be reviewed to determine separation between roadways and anticipated seasonal high water levels to confirm this conclusion. Depth of usable fill soils in the proposed ponds was very limited due to the materials encountered and suggests that any fill required will need. to be imported from offsite sources. ^ LIMITATIONS This investigation and report deals with the soil zones and strata located within the area represented from the ground. surface to the termination depth of the individual borings. It is not intended to predict or accept responsibility for sinkhole development. Other means of subsurface investigations including, but not limited to, deep structural borings, rock coring, geophysical studies, ground penetrating radar or resistivity surveys are used for sinkhole potential determinations and are out of the scope of this investigation. ' Generall acce ted soil mechanics and foundation engineering practices were utilized in the Y P preparation of this report; and no other warranty, either expressed or implied is made as to the 1 recommendations provided. This report is for the exclusive use of our client and may not contain sufficient information for other uses, such as quantity take-offs, or for interpretation by other parties for bidding purposes. In the event conclusions and/or recommendations based on our data are made by others, such conclusions and/or recommendations are not our responsibility unless we have been given an opportunity to review and concur with them. The boring data in this report represents only that data obtained during this investigation at the approximate locations shown on the site reduction attached to this report and does not address soils conditions in areas of planned structures. A separate investigation consisting of a series of SPT borings would be required to provide this information. As always, we appreciate this opportunity to be of service and. are available to answer any questions that mi(~11il~.regarding this matter. RECEIVEa MAY Z ~ 2~~6 Central Florida Testing Laboratories, Inc. plA~~l[VG DEpAR 12625 - 40~h Street North, Clearwater, FL 33762 C1iY tJF GLEARWASER t 1 Lake Chautauqua -Preliminary Geotecl~nical Investigation Report No. 183707 Sincerely, CENTRAL RIDA TESTING LABORATORIES, INC. ~~ Tom Gaul `-' Directar o Technical Services ~.~-,~..m -- `George ~ ~.rSixin, fir:, F.. Fresiderit~ ~ , Page 5 cc: Mr. Bill Sweetnam -Sand Dollar Development Mr. Bret Krasman, F.E. - Krasman & Associates, Incorporated TG/GCS/tg ORIGINA! RECEIVED NAY 2 5 2006 plANi~ING DEPARTMENT CITY OF CLEARWATER Central Florida Testing Laborat©ries, Inc. 12625 - 40t" Street North, Clearwater, FL 33762 Project: Lake Chatauqua Lab No: 183707 MAPS Various ii 1 ORIGIIVAI. RECEIVED SAY ~ 5 206 PI,p,NNING DEPARTMENT CITY OF CLEARWASER i Central Florida Testing Laborateries, onc. 12625 - 40th. Street North, Clearwater, ~L 33762 ~ 0. ~ ~~ F I ; I 1 rl 1 'lac,' Easi Lake ~ a ~ `~ v ~? • i ? r , N ~ - I Cryn,al ©each ~ s ,/ ,o a xt ._.._ _.~ as ~ us ark 7•' 1 ~ 1 s s ~ ~ ry a.c.r 1e.~ v ! ~ ~ 84 rs+ ~ _ ~ ...__ I ~ ~~ I ~,,~ T r ~ _c RD a ``f ' ' ~- w t - I ~ -~~,; ~j~ ~ -l - r4 a .T d - , , ` ,qp - t y Lake Chat ua ,;~^ S a - - -- ' xlm~ Ite Loc tlon i-•' f ~ I ~~ . ,~~ ;: ~ ~ 1 ~ , i o, t. T . ¢~" s Safety Harh t+' : ~ I P _ v_.. 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(~ ~ - I ~' ~~ q , )~ aw $ I _~ I ~ ', ~ see I 'rGrY 578 ~~ l ~.~ ~~ ~ __ cH ~ I$ CR57B -`(z J Si584 u ~ O m ~ ~h f~ GA5T6 ,. ~'DfiTS _g ~ ~_ is ~-...-.-Q ~ .. , THAMES ST C" - ~°~ YIfOODRING.DRx ~' CR1Yf- _ 1 '~!~ ~ iCR 590 ~ ~ f P 5~~ i CFTL Central Florida Testln Laborator~~ Legend Figure 1 -Location ~ Subject Property ~ Interstate Water Project: Lake Chatauqua MAC' ~ r ~O C J Population Canter ~ Toll Highway Intemu[tent Lake Lab No: "183707 Land ,- US Highway Wetkand Location: Pinellas County, Florida DEPAR ANNING pL N~ Sand - State Route - RivedCanal - Local Road W dl d v i . CIN ©~ G~~R ~ ~ •-- Intarn oo an s ttent R ver k - Major Connector P R il d ar 1~ roa a Project: Lake Chautauqua Approximate Test Locations ~RI~IfVAL ItECEIV~D MAY 2 5 2006 pARTME~T Central Florida Testing Laboratories, inc. CITY OF C~~2WATER 12625 - 40th Street North, Clearwater, FL 33762 Project: Lake Chatauqua Lab No: 183707 NRCS Soils Map 1 1'?Soil;Name &:Symbol ~~ ~ (~.. ~ „,. ;Flood Hazard .,:. .:. i SHGWT x tr... F * ~'~~ Au = Astor Eve ear for 6 mos. or more < 10" for 6 mos. Or more Im = Immokalee Once in 5 to 20 years for 7 to 30 da s < 10" for 1 to 2 months Ma =Made Land Na estimates can be made No estimates can be made My = Myakka Once in 5 to 20 years for 7 to 30 da s < 10" for 1 to 4 months Or =Orlando Once in 5 to 20 years for 7 to 30 da s < 10" for 1 to 2 months Pc =Pamlico Muck Every year for 6 to 12 months < 10" for 6 to 12 months Po = Pomello None From 10 to 40" for 1 to 2 months Central Florida Testing Laboratories, Inc. 12625 - 40tH Street North, Clearwater, FL 33762 Project: Lake Chautauqua Lab No: 1837D7 1943 -Aerial Photogr~h of Site t fl ORIGINAL RECEIVED MAY 2 5 206 CITY CF CLEARWATER Central Florida Testing Laboratories, Inc. 12625 - 40th Street North,. Clearwater, FL 33762 ' Project: Lake Chautauqua Lab Noy 183707 1'67 -Aerial Photograph of Site GRIGINAL RECEIVED MAY 2 5 2006 PLANNING DEPARTMENT Central Florida Testing Laboratories, Inc. 12625 -- 40th Street North, Clearwater, FL 33762 i~ ' Project: Lake Chautauqua ' Aeria! Photograph of Site ®RlGll~. RECEIVED MAY ~ 5 2006 NC DEpp~TME1~1T CITY OF CLEAR Central Florida Testing Laboratories, lnc. 12625 - 40th Street North, Ciearwater,. FL 33762 Project: Lake Chatauctua Lab No: 1837C?7 ~ Shallow Auger Borings ~ & 1 ~ Laboratory Data ~RI~rNAc RECEIVED . MAY 2 51006 PLANNING DEPARTMENT CITY 4F GLEARWATER Cent~a~ ~8®rida T~~'~ing ~d.ab~~rataa~ies, Inc. 12625 - 40th Street North, Clearwater, FL 33762 T£STEO ~ APPROVE Central[~Florid((~~1a, TeP sLbting LaJboratoJJries, inc. G JESLCYLG] ~.JEfTEL0~2172E12E Qhd~ CRESELLZCJ2 ~my~, ~ ~ ~ ~ `may 12625 - 40TH STREET NORTH CLEARWATER, FL 337&2 94[ F~OAt~A7ESTINGI-D`$OPQT~' Tampa Bay Area: (727) 572-9797 Florida: 1-800-248-CFTC Fax: (727) 299-E1023 Pro'ect: Lake Chautauqua Location: Pinellas County, Florida Lab No: 183707 Client: Krauser Construction, Enc. HAND AUGER B©RINGS PROPOSED ROADVIIAY BORING DEPTH SAMPLE . NO. ~ SOIL COLOR MUNSELL COLOR SOIL DESCRIPTION NO. HA-1 0.0 - 0.6 Dark gray (10YR 411) fine sand w/small roots 1 0.6 - 1.5 Light gray (10YR 711) fine sand w/trace small roots 2 1.5 - 1.9 Dark brown (10YR 3/3) . fine sand w/roots 3 1.9 - 4.5 Yellowish brawn (10YR 516) fine sand w/trace small roots 4 4.5 - 5.5 Light yellowish brown (10YR 614) fine sand 5 5.5 - 6.0 Dark brown (10YR 313) fine sand w/trace small roots 6 HA-2 0.0 - 1.0 Dark gray (10YR 411) fine sand w/small roots 1 1.0 - 2.0 Strong brown (7.5YR 416} fine sand 7 2.0 - 2.5 Dark yellowish brown (10YR 416) fine sand 8 2.5 - 3.6 Yellowish brown (10YR 514} fine sand 9 3.fi - 4.0 Pale brown (10YR 613) fine sand 10 4.0 - 5.0 Dark brown (10YR 3/3) fine sand w/trace small roots 6 5.0 - 6.0 Dark brown ~ (10YR 313) fine sand w/hardpan 11 HA-3 0.0 - 1.0 Dark gray (10YR 411) fine sand w/small roots 1 ' 1.0 - 1.6 Strong brown (7.5YR 416) fine sand 7 1.6 - 3.4 Light gray (14YR 712) fine sand 12 3.4 - 3.8 Light gray (10YR 7/2} fine sand w/trace clay & small roots 13 3.8 - 4.8 Pale brown (1 OYR 613) clayey fine sand w/trace of roots 14 4.8 - 5.5 Gray (10YR 611) clayey sand w/small roots 15 5.5 - 6.0 Gray (10YR 5/1) clayey sand w/small roots 16 HA-4 0.0 - 0.9 Yellow (10YR 716) fine sand w/trace small roots 17 ' 0.9 - 1.4 Gray (10YR 5!1 } fine sand w/trace small roots 18 1.4 - 2.8 Light gray (10YR 7/1) fine sand wltrace small roots 2 2.8 - 3.2 Dark brown (10YR 3/3) fine sand w/roots 3 3.2 - 4.6 Yellowish brown (10YR 516) fine sand w/trace small roots 4 1 4.6 - 5.0 Light gray (10YR 711 } fine sand 19 5.0 - 5.2 Dark brown (10YR 313} fine sand wltrace small roots 6 5.2 - 6.0 Strong brown (7.5YR 416) fine sand 7 oRr~rnlA< RECEIVED ' SAY ~ 5 20f~~ PLANNING DEPARTIViEIVT CITY 4F CLEARWATER The above information represents only Those materials within the specified limits of the individual test location ar the lime the rest was conducted. No further assumptions or interpremrions can be mode regarding additional site conditions not spec jcully addressed. ' ~ Project: Lake Chautauqua Lab No: 183707 ' EIORING DEPTH NO. ~ SOIL COLOR, HA-5 0.0 - 1.4 Black ' 1.4 - 2.0 Black 2.0 - 4.5 Grayish brown 4.5 - 5.0 Pale brown 5.0 - 6.0 Gray 6.0 - 7.4 Gray 1 HA-6 0.0 - 0.8 Dark gray ' 0.8 - 3.0 Light gray 3.0 - 5.0 Light gray 5.0 - 6.5 5 _ 8 6 0 Gray Gray . . 1 1 Page 2 of 5 HAND AUGER BORINGS PROPOSED POND SAMPLE Mt1NSELL COLOR SOIL DESCRIPTION NO. (10YR 2/1) organic clayey sand 20 (10YR 2/1) muck 21 (10YR 512) fine sand 22 (10YR 613) fine sand 10 (10YR 611) clayey sand wlsmall roots 15 (10YR 511) clayey sand wlsmall roots 16 (10YR 411) fine sand w/small roots 1 (10YR 712) fine sand 12 (10YR 7/2) fine sand w/trace clay & small roots 13 {10YR 611) clayey sand wlsmall roots 15 {10YR 511) clayey sand w/small roots 16 ORIGINAL RECEIVED MAY 2 5 2606 pIANNING DEPARTMENT CITY OF CLEARWATER ' The above informption represents only those materials within the specified limits of the individual lest location at the time the test was conducted. No further assumptions or interpretations can be made regarding additional site conditions not specifically addressed. Project:.Lake Chautauqua Lab No: 183707 Page 3 of 5 WATER TABLE ~ SEASONAL HIGH WATER TABLE DETERiVIINATIONS LOCATION WATER TABLE (ft.} SEASONAL HIGH WATER LINE fft.}* HA-1 -5.0 -0.8 HA-2 -5.4 -0.7 HA-3 -4.8 N HA-4 > -6.0 -1.4 HA-5 -1.8 +0.2 HA-6 -3.$ -0.4 AASHTO SOIL CLASSIFICATION SAMPLE NO. CLASSIFICATION 1 A-3 2 A-3 3 A-3/A-8 _ 4 A-3 5 A-3 6 A-3 7 A-3 8 A-3 9 ~ A-3 10 A-3 11 A-3 12 A-3 13 A-2-4 14 A-2-4 15 A-2-4 16 A-2-4 17 A-3 18 A-3 19 A-3 20 A-3/A-8 21 A-8 22 A-3 ORIGII~AI. 1~ECElVED MAY 2 5 2006 PLANNING DEPARTMENT CITY OF CLEkRU`JATER * Measured from existing ground elevation ar time ojtest. ** Indication ojSeasonal High Water Line denoted at possible 'leached" area above existing ~~pler table and referenced below existing ground elevation. Interpretation of SNWL is approximate and may vary +/- 6 inches.. Project: Lake Chautauqua Lab No: 183707 Page 4 of 5 SOIL DESCRIPTION KEY SAMPLE NO. SOIL DESCRIPTION 1 Dark gray (10YR 411} fine sand w/small roots 2 Light gray (10YR 711) fine sand w/trace small roots 3 Dark brown (10YR 313) fine sand wlroots 4 Yellowish brown (10YR 516) fine sand w/trace small roots 5 Light yellowish brown (10YR 614) fine sand 6 Dark brown (10YR 313} fine sand w/trace small roots 7 Strong brown (7.5YR 416) fine sand 8 Dark yellowish brown (10YR 416) 1lne sand 9 Yellowish brown (10YR 514) fine sand 10 Pale brown (10YR 6/3) fine sand 11 ~ Dark brown (10YR 313} fine sand ~wlhardpan 12 Light gray (10YR 712.) fine sand 13 Light gray (10YR 712) fine sand w/trace clay & small roots 14 Pale brown (10YR 613) clayey fne sand w/trace of roots 15 Gray (10YR 6/1) clayey sand w/small roots 16 Gray (10YR 511) clayey sand w/small roots 17 Yellow (10YR 716} fine sand w/trace small roots 18 Gray (10YR 5/1) fine sand w/trace small roots 19 Light gray (10YR 7/1) fine sand 20 Black (10YR 211) organic clayey sand 21 Black (10YR 211) muck 22 Grayish brown (10YR 512) fine sand CRIGINAI. RECEIVED MAY 2 5 ZOJ6 PLANNING DEPARTMENT CITY QF CLEARWATER ' Measuredjrom existing ground elevatron at time of test. "° Indication of Seasonal High Water Line denoted at possible "leached" area above existing water table and referenced below existrng ground elevation. /n[erpretatron ojSHWL is approximate and may vary +/- 6 ruches.. Project: Lake Chautauqua Lab No: 183707 Page 5 of 5 WASHED GRADATION OF MATERIALS SAMPLE NUMBER -PERCENT PASSING SIEVE 1 2 3 4 5 6 7 8 1I2" 100 100 nla 100 100 100 100 100 318" 100 100 100 100 100 100 100 No.4 97 100 100 100 100 100 100 No. 10 94 100 100 100 100 100 100 No, 20 92 100 99 100 100 100 100 No. 40 89 96 95 97 97 97 96 No. 80 23 92 24 24 18 25 28 No. 200 4 3 4 9 4 5 5 No. 270 4 2 3 9 4 5 4 SIEVE 9 10 11 12 13 1~ 15 16 1!2" 100 100 100 100 100 100 100 100 318" 100 100 100 100 100 100 100 100 No.4 100 100 100 100 100 100 100 100 No.10 100 100 100 100 100 100 100 100 No. 20 100 100 100 100 100 100 100, 100 No. 40 96 96 97 97 97 97 97 98 No. 80 27 26 20 28 34 40 41 48. No. 200 5 - 6 8 6 12 21 21 33 No. 270 4 5 7 5 12 21 20 32 SIEVE 17 18 19 20 21 22 23 24 112" 100 100 100 n/a nla 100 318" 100 100 ~ 100 100 N o. 4 100 100 100 100 No. 10 100 100 100 100 No. 20 100 100 100 100 No. 40 96 96 97 99 No. 80 45 27 25 32 No. 200 2 3 3 5 No. 270 1 3 2 4 ATTERBURG LIMITS SAMPLE NUME3ER 15 1fi LIQUID LIMIT 19 26 PLASTIC LIMIT 14 13 PLASTICITY INDEX ®RIGINAL 5 13 RECENED I~AY 2 5 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Project: Lake Chatauqua Lab No: 183707 SITE PHOTOGRAPHS fl ®RIGIi~L RECEIVED MAY 2 5 2006 IDLANI~ING flEPARTME~IT CITY OF CLEARVJATER I Central 1=lorida Testing Laboratories, 6n~. I 72625-4©th Street North, Clearwater, FL 33762 Project: Lake Chautauqua Lab No: 183707 Page 2 of 5 ORIGINAL RECEIVED Looking east from HA-1 M~-Y 2 5 2006 Central Florida Testin Laboratories Inc IaLANNING DEPARTMEN CITY OF CLEARWATER g 12625 - 40th Street North, Clearwater, FL 33762 Photograph shows entrance to property. Project: Lake Chautauqua ' Lab No: 1837Q7 Page 3 of 5 ii HA-1 Red arro s odic stain line at a roximatel 18" below the surface and the el w shows the leached area where the SHGWT is found. MA`f 2 5 2006 Central Florida Testing Laboratories, Inc. PLANNING DEPARTMENT G4TY OF G4EARWATER 12625 - 40th Street N©rth, Clearwater, FL 33762 Looking north from HA-1 ' Project: Lake Chautauqua Lab No: 183707 Page ~ of 5 Central Florida Testing Laboratories, fnc. 12625 _ 40th Street North, Clearwater, FL 33762 PLANNING DEPARTMENT CI"fY OF CLEARVJATER Lookin east from NW corner of ro e Looking north from NW corner of property. ORIGINAL RECEIVED ,. Project: Lake Chautauqua Lab No: 183707 Page 5 of 5 Central Florida Testing Laboratories, Inc. 12625 - 40th Street North, Clearwater, FL 33762 PLANNING DEPARTMENT t CITY OF CLEARWATER HA-5 lookin north. Ed a of lake on ri ht. Back of lots to the left. HA-5 lophcina.south. Rear of lots to the right. Lake to the left. RECEII/ED FEMA Flood Zone Map ~-~rGfN,q~ RL~cE[V~D ~'~~ ~ 5106 ~~NNrNG pFpARrn~~rvr crn~ ©F ci~e~rArFR p l I f ~Lf. ~ i t i l r ..~~J L CYPRESS BEND DRIVE ' APAROXIMA7l; SCALE ZONE X 600 0 600 FEET ~cF O\ ~~~ P~P~ ~PQQvy~ t;~ E NATIONAL fL00D INSORANCE FIRM FLOOD INSURANCE RATE MAP PINELLAS COUNTY, FLORIDA AND INCORPORATED AREAS PANEL 88 OF 327 IEEE MAP INOEX FOR PANELS NOT PRINTEV) yONTNNS~ tOMMUNIIY NEMBEfl PN EL. ~ CLEARVIAIE0. QTY QF iSh097 hoed G PanEOM. QTY OF e7e0] GGBG a nnH1A9 OolR11Y 4Dd8 Ooo! G NvFn m ~~iiiltgqe: TM MAP NUM9ER rMw~ halves ~vWC N mN Evy e~heWd M Wsd •m InFUrm aCC1w11vmMM~tlnp FWlact vavmudry. MAP NUMBER 12103600086 EFFECTIVE DATE= SEPTEMBER 3, 2003 1s 65 2ND _ AGE s Federal Emergency Maltagement Agency Thle le an ofRclal copy of a portion of the above referenced aavd map. II Was extrectetl using F-MIT On-LJne. Thle map does ne[ reflect ehanpea or amendments vvhlch may have been made subsequent to the date on the title block. Far the laeest product Information about National Flood Insurance Program hood maps check the FEMp Flood Mep Store et www.msc.lemR.gov W ~ 1W- aU ~ ~ z ~' ~~ Drainage Calculations ©RlGIIVpL RECEIVED SAY 2 51~~6 15L41VIVIIVG DEFARr~rENr CITY OF CLEARN/ATER (1) 1" or 0.5" water quality treatment Chautauqua an the Lake (MODIFIED CONDITION) EL~V _~~ ~~€~€AE2t`i4i ~4111111EL~': CQfV~'RLBU~"11~1'C - ° ' s 245059 S ::.:. ~ ` : .:. ~ 2 SITE" .................... $4.00 19270 0 aArATER;;;'.;'.; 84.50 21076 10086 QUAE{T~fi',< (in) 1A0 . 85.00 23081 21125 € ~~€TI~EATN(ENT 85.50 25153 33184 WATERs~;€i 86.00 27292 46295 ~{~Ul~l~I4Y ? (ct) 20422 86.00 27292 4fi295 ~'~KQLUE;;;; ::::::::WATER :::::::::::::: ~~l~Ak~T~ {ft NGVD) 84.97 €; E~I~1lATl~Ns ORIGIN R~EeEIV~Q ~~~ 2 5 2006 PLANNING DEPARTMENT CITY OF CLEARVdATER [File] 5/24/2006 Chautauqua on the Lake ~RIGIIVAL RECENI:D MODIFIED RATIONAL METHOD ~A~ ~ ~ ~~06 * 25 year storm event "zone 6 PLANNING C?EPARTM CITY ©F CLF.ARWAT Overland Flaw = 25 minutes Curb Flow = 0 minutes Time of Concentration = 25 minutes PREDEVELOPMENT CONDITIO NS Historical Peak Disharge -------> Q = C " I * A WEIGHTED "C" FACTOR = 0.220 INTENSITY (in/hr) = 5.8 in/hr AREA (acres} _ 5.630 acres 7.22 cfs PROPOS ED CONDITIONS "C" factor Impervious = 1.490 acres 0.950 = 1.416 Pond = 0.626 acres 1.000 = 0.626 Open Space = 3.510 acres 0.200 = 0.702 5.626 acres WEIGHTED "C" = 0.488 PIEAK STORM RELEASE RA INFALL INTENSI FLOW RUNOFF FLOW REQUIRED DURATION I Q =CIA VOLUME VOLUME STORAGE (min (sec) inlhr) cfs c {cf1 (c ac ft 8 480 9.2 25.11 12055 3466 8589 0.197 10 600 8.5 23.22 13929 4332 9597 0.220 15 900 7.3 19.90 17906 6499 11407 0.262 20 1200 6.4 17.66 21188 8665 12523 0.287 25 1500 5.$ 15.99 23991 10831 13160 0.302 30 1800 5.4 14.69 28438 12997 13440 0.309 35 2100 5.0 13.62 28605 15164 13442 0.309 <- 40 2400 4.6 12.73 30547, 17330 13217 0.303 45 2700 4.4 11.96 32302 19498 12806 0.294 50 3000 4.1 11.30 33899 21662 12237 0.281 55 3300 3.9 10.72 35361 23829 11532 0.265 60 3600 3.7 10.20 36705 25995 10710 0.246 65 3900 3.5 9.73 37946 28161 9785 0.225 70 4200 3.4 9.31 39097 30327 8770 0.201 75 4500 3.3 8.93 40168 32494 7674 0.176 80 4800 3.1 8.58 41166 34660 6507 0.149 85 5100 3.0 8.26 42101 36826 5275 0.121 90 5400 2.9 7.96 42977 38992 3984 0.091 95 5700 2.$ 7.68 43800 41159 2641 fl.061 100 6000 2.7 7.43 44576 43325 1251 OA29 ANT :R 25year OR1GlI~ Chautauqua on the Lake ValumelStage Summary (MO DIFIED C~ ~~E~EV:: ~::~`~?:AREA:::=:::~ :?CUMUE: 84.00 0.439 0.000 84.50 0.484 0.231 85.00 0.530 0.484 85.50 0.577 0.761 86.00 0.626 1.062 86.00 0.626 1.062 MAY 2 5 2086 PLANIVIRIG DEPARTMENT CITY OF CLEARVJATER »vui i ic.~nt) Stage vs. Storage ss.5o -- - -~ i 86.00 - - ~ -- - - -- 85.50 - -- ~ 85.00 I - -- - ro I in 84.50 _ -- --- - __ 84.00 --- - i 83.50 -- 0.000 0.200 0.400 0.600 0.800 1.000 1.200 Storage lac-ft) -+-Seriesl Stage storage Chautauqua on the Lake WEIR SIZING WORKSHEET 25-YR STORM EVEf~T DISCHARGE EQUATION: Q = C "' L * (H^1.5} where Q =PEAK OUTFLOW (cfs} C =WEIR COEFFICIENT L =WEIR LENGTH (ft} H =FLOW D1=PTH OVER WEIR CREST (ft} For asharp-crested weir C = 3.33 : ::~:~~~~YR :`:. :::;::?:<VIfIEIR':=:::: :=:~::~:StYR~:'~: :':~:VaIEIR~':~: .~:~:~E:S~D~:? ~:~~3LiYTFALL ~>:::G:>. .:=:=: PEA:=:=:" :::=:CREST»»: `:::~PE,4f4:~>:~: ~ CREST `: `:DOtiI!~N??: STRW~TtJE2~ :::::::::::::::::: ::.:S~~~~<~: ::~4:~fA~l~~:< :OtF~FLOW: ~:l:~AiGI'H:~ ::~:=:TtM~:=::= :~::::Nd:,>:.::::::::~::~:~>: : ' ft~htGVD '~ :~>:~ I't~NGVIf ~*:~ ':~::~~ ~ cfs`:<~ ~: :~:~:::= f# >:=:~:= :=:~::~::Fir`;::::': 1 3.33 85.52 84.97 7.22 5.32 0.50 VOLUME AT 25-YR PEAK STAGE 0.77 AC-FT. VOLUME AT WEIR CREST ELEV. 0.409 AC-FT. ORIGINAL RECEIVED ~A~ ~ 5 ~afls PLAkVNING DEPARTMENT CITY Of CLEARWATER Weirsiz2 Thi:t? $Iu~ Nun~~±e-5 - 'I'rr~ut,rlata ~$~~ .~~~~;_ =Answers Orifice Bleeddawn Ca6culctions ~ ~ . . A. 8. C. D. E. F. „. .. . ®RIGINAL A. SiT'Im IN1=0RMA~'1~3N RECEIVED Site Ac. = 5:62: Acres ~A~ ~ .5 ~.~~~ DER Elev. ^ 84.;97 Feet NVUL = 84.DE}; Feet p~t~NING DEPARTMENT. Runoff 1 ~Q Inches (OFW ?) CITY Of CLEARWATER Head (h) = 't: Feet .~ h = :DER Elev., -;{,NV1/L +''/Zd) Volume = ;: ~,~81; Cu.Ft_ . .Volume _ .~~ Ac, F. Head Elevation Increm. h Ft. Total h Ft, Flow C1 CQ Av Delta- . Volume pelts .,Hours Cum. Hours 84.97 0.91 0.06 0,02 0.06 510 2.57 84.95 0.89 0.05 2.57 0.02 0.05 510 2.61 84.92 0.86 0.05 5.18 0,02 OA5 514 2.64 84.90 0.84 0.05 7.82 OA2 0..05 510 2.68 84:88 0.82 0.05 10.50 0.02 0.05 510 2.71 $4.86 0.79 0.05 13.21 0.02 0.05 510 2.75 84.83 0.77. 0.05 15.96 0.02 0.05 510 2.79 84.81 0.75 0.05 18.76 0.02 ~ 0.05 510 2.84 84.79 0.73 0.05 21.59 0.02 0.05 510 2.88 84.77 0.70 O.fl5 24.48 0.02 ~ 0.05 5'~ 0 2.93 84.74 0.68 0.05 27.40 0.02 0.05 510 2.98 84.72 0.66 0.05 30.38 0.02 0.05 510 3.03 84.70 0.64 0.05 33.41 0.02 ~ - 0.05 510 3.08 84.67 0.61- 0.05 36.50 0.02 0.05 510 3:14 $4.65 . :0.59 . 0:04 ;:..: ~ :. ~ 39.64- .. 0.02' ~ 0:04 .. _... 510 3.20 84.63 0.57 0:04 42.84 0.02 0.04 510 3.27 84.61 0:54 0.04 46.11 0.02 0.04 510 3.34 84.58 ~ ~ 0.52 :4.04 49.44 . 0.02 0:04 510 3.41 84.56 ~ 0:50 . 0.04 ~ 52.85 0.02 0:04 510 3.49 84:54 ~ 0.48. '. 0:04. ~ 56.34 0.02 0:04 510 3.57 84.52 0.45 0:04 ~ 59.91 0.02 0:04 510 3.66 84..49 0.43 0.04 63.57. 0.02 0.04 510 3.76 84.47 0.41 0.04 67.33 0:02 0.04 510 3.87 84.45 0.39 0:04' 71.20 0:02 0.04 510 - 3.98 84.43 0.36 0.04 75.18 0.02 . ~ 0.03 :: .510 4.11 84.40 0.34 -0:03 79:29 0.02 ~ ~ 0:03 510 ~ 4.25 84.3$ 0:32 ~ 0.03 ~ ~ - 83.54 0.02 0:03 510 4.40 84.36 0.30 0.03 . 87.94 0.02 0.03 510 4.57 84.33 0.27 0.03 92.51 0.02 0.03 510 4.77 84.31 0.25 0.03 97.28 OA2 0.03 510 4.99 8429 023 0:03 102.28 0.02 0.03 510 5.25 84.27 Q20 0.03 107.52 0.02 0.03 510 5. RECEIVED. MAY 2 5 200& PL4NNIN~ DEPARTMENT CITY OE CLEAFtV,IAT~ER 84.24 0.18 0.02 113.07 0.02 0.02 510 5.91 84.22 0.16 0.02 _ 118.98 0:02 0.02 510 6.35 84.20 0.14 0.02 125.33 0.02 0.02 510 6.90 84.18 0.11 0.02 3 132.2 0.02 0.02 510 7.63 . 84.15 0.09 0:02 139.87 0.02 0.02 510 8.67 84.13- 0.07 0'.02 148.53 0.02 , 0.01 510 10.28 84:1.1 0.05 0'01 ... :' . 158.81 0.02 0.01 510 13.40 84.08 0.02 0.01 - 172.21 ~. , ; ' 0.02 0.00 :.. .510 32.34 . 84:06 0.00 ' ~ 0:00 ~ 204:55 C. 36 t`!C)~R BLEEI~D~3~~€ G~LCUL~TICD~3S Side Slopes = ~ ~ TO 1 - Surface Area DE:R = ' 23,O~iC? SQ. FT. Surface Area NWL = 19,679 SCI. 'FT. Centerline 'Orifice Treatme°nt~'. Elevation Volume .'~" ~. 84.06 20,738 ~R~GINAL RECEIVEm ~~,"~'~ ~ ~ 2~0~ ~~I~C DEPARTNiEN~ OF CLEARWATER Elevation Feet Totai h Feet Flow D ~ s rt 2 h Surface Area. Delta Volume :Delta Hours Cum. Hours 84.97. 0.91' 0:06 7.65 23080.00 0:00 0.00 0.00 84.96 0.90 0.06 7.60 23055.70 230.68 1.16 1.16 84.95 0.89 0.05 7.56 23031:41 230.44 1.17 2.33 84.94 0.88.. 0.05 7.52 ` 23007.1.4 230.19 1.17 3.50 84.93 0.87 0.05 7.48 22882.87 229. J5 1.18 4.68 84.92 0.86 0.05 7:43 22958.62 229.71 1.18 5.87 84:91 0.85. 0.05 7.39 22934.39 .229.47 1.19 7.06 84:90 0.84 -0.05 7.35 22910.16 229.22 1..20 8.26 84.89 . 0.83 0.05 ~ 7:30 22885.95 228:98 1.20 9.46 84.88 0.82 0.05 7.26 22861.75 22$.74 1.21 10.67 84.87 0.81 0.05 7.21 22837.57 228.50 1.21 11.88 84.86 0.80 0.05 7.17 22813.39 228.25 1.22 13.10 84.85 0.79 0.05 7.12 22789.23 228.01 1.23 14.33 84.84 0.78 0.05 7.08 22765.09 227.77 1.23 15.56 84.83 0.77 0.05 7.03 22740.95 227.53 1.24 16.80 84.82 0.76 0.05 6.99 22716.83 227.29 1.25 18.05 84.81 0.75 0.05 6.94 22692.72 227.05 1.25 19.30 84.80 0.74 0.05 6.89 22668.62 226.81 1.26 20.56 84.79 0.73 0.05 6.85 .22644.54 226.57 1.27 21.83 84.78 0.72 0.05 6.80 22620.47 . 226.33 1.28 23.11 84.77 0.71 0.05 6.75 22596.41 226.08 1.28 24.39 84.76 0.70 0.05 6.70 22572.37 225.84 1.29 25.68 84.75 0.69 0.05 6.66 22548.34 225.60 1.30 26.98, 84.74 0.68 0.05 6.61 22524.32 225.36 1.31 28.29 84.73 0.67 0.05 6.56 22500.31- 225.12 1.32 29.61 84.72 .0.66 0.05 6.51 22476.32 224.$8 1.32 30.93 84,71 0.65 0.05 6.46 22452:33 224.64 1.33 32.26 84.70 0:64 ~ 0:05 6:41 22428.37 224.40 1.34 33.61 84.69 0:63 '0:05 - 6.36 22404.41 224.16 1.35 34.96 84.68 0.62 0.05 6.31 22380.47 223.92 ~ 1.36 36.32 84.67 0.61 0.05 6.26 22356.54 223.69 1.37 37.69 84.66 0.60 0.04 6.21 22332.62 223.45 1.38 39.07 84.65 0.59 0.04 6.15 22308.72 223.21 1.39 40.46 $4.64 ~ 0.58 0.04 6.10 22284.83 222.97 1.40 41.86 84.63 0.57 0.04 6.05 22260.95 222.73 1.41 43.27 84.62 0.56 0.04 5.99 .22237:08 222.49 1:42 .44.69 84.61 0.55 0.04 : 5:94 2221.3.23 ... 222.25 1.43 46.13 84:60 ,: 0.54 0.04 ' .5.89 ::22189:39 222.01 1:45 _ 47.57 °84.59 0:53 '. :.0.04 5:83 221:65.5G _. . '. ' 221.77 :.: .:~ .. ~ 1.46 49:03 . 84.58 .: 0.52 ~ `: ' 0.04 . 5:78 ::.22141..75 221:54 1:47 50.50 84.57 ~ 0.54 0.04 5.72 22117:95 ~ :221.30 1..48 ~ 51.99 84:56 0.50 0.04 5.66 ' 22094:16 . 221.06 1.50 ,53.48 84.55 0.49 0.04 5.61 22070:38 220.82 1.51 54.99 84.54 0.48 0.04. ~ 5.55 22046.62. 220.58 1.52 56.52 84.53 0.47 0.04 5:49 22022.87 220.35 1.54 58.06 .84.52. 0.46 0:04 5.43 21;999.13 ..220:11 1.55 59.61 84.54 0.45 0.04 5.37 21975:40 219:87 1.57 61.18 84.50 0.44 0.04 5.31. 21951.69 2~ 9.64 1.59 62.76 84.49 0.43 0:04 5.25 21927:99 2:1.9.40 1.60 64.37 84.48 0.42 0:04 5.19 .21:904.31 219:16 . 1.62 65.99 84.47 0:41 0.04 5.13 21880;63 218.92 1.64 67.62 84.46 0.40 0.04 5.06 21856.97 218.69 1.66 69.28 84.45 0.39 0.04 5.00 21833.32 218.45 1.68 70.95 '84.44 0.38 0.04 4.93 21809.69 218:22 1.70 72.65 84.43 0.37 0.04 4.87 21786.06 217.98 1.72 74.37 .84.42 0.36 0:03 4.80 21762.45 217.74 1.74 76.11 '84.41 0.35 0.03 4.73 21738.86 ~ ~ 217.51 ~ 1:76 77.87 84.40 0.34 ' ~ 0.03 4:67 . 21745.27 217.27 1.79 79.65 84.39. 0.33 0.03 4:60 24691.70 247.03 ~ 1.81 81.46 84.38 ~ 0.32 -0:03 4.53 ~ :21:668:14 ~ . 216:80 ::: 1.84 . 83.30 84.37 0.31 . 0:©3 - 4:45 21644.60 216.56 1.86 85:16 84.36 0:30 0.03 4.38 2'~ 621, 07 ~ 21.6.33 1:89 87.06 84:35 0.29 0.03 4:31 .21597:54 216.09 1.92 88.98 84.34 0.28 0.03 4.23 21574.04 215.86 1.96 90.94 84.33 0:27 0.03 4.15 21550.54 215.62 1.99 92.93 84:32 . 0.26 0.03 4.08 21527.06 215.39 2.03 94.95 84.31 0.25 0.03 . 4.00 21503.59 215.15 2.06 97.01 84.30 0:24 0.03 3.91 21480.14 214.92 2.10 99.12 84.29 0.23 0.03 3.83 .21456.69 214.68 2.15 101.27 84.2$ 0.22 0.03 3.75 21433:26 214.45 ~' 2.19 103.46 84.27 0.21 .0.03 3.66 21409:84 214.22 ~ 2.24 105.71 8426 0.20 0.03 3.57 21386.44 243.98 2.30 108.00 84.25 0.19 0.03 3.48 21363.05 213.75 2.36 110.36 ~RIGIivAl. 12ECEfVED MAY 2 5 2006 PIANNING DEPARTMENT 84.24 0.18 0.02 3.39 21339.67 213.51 2.42 112.78 84.23 0.17 0.02 3.29 21316.30 213.28 2.49 115.26 84.22 0.16 0.02 3.19 21292.95 213.05 2.56 117.82 84.21 0.15 0.02 3.09 21269.61 212.81 2.64 120.46 84.20 0.14 0.02 2.98 212.46.28 212.58 2.73 123.20 84.19 0.13 0..02 2:87 .21222.96 - 212.35 2.84 126.03 84:18 ~ ~ 0.12 0.02 ~ 2.76 21199.66 212.11 ~ 2.95 128.98 84.17 0.11 0.02' 2:64 21176.37 211.88 3.08 132:06 84.16 0.10 0.02 2.51 21153.09 211.65 3.23 135.29 84.15 -0.09 0.02 2.38 21129.83 . 211.41 3.40 138.70 84.14 0.08 0.02 2.24 21106.58 211.18 3.61 142.31 84.13 0.07 0.02 2.09 21083.34 . 210.95 3.86 146.17 84.12 0.06 0.01 1.93 21.060.11 210.72 4.18 150.35 84:11 0.05 0.01 1:76 21036.90 ~ 210.49 4.59 154.94 84.10 0.04 0.01 1.56 21013.70 210.25 5:15 160.10 84.09 0.03 0:01 1.34 20990:51 210:02 6.00 166.09 84.08 0:02 0.01 1:08 20967:34 208.79 7,47 173.56 84:07 0.01 0.01 0,72 20944.18 ~ 209.56 11.19 184:75 84.06 0.00 . #NUM! #NUM! 20921:03 209.33 #NUM! #NUM! 84.05 -0.01 '#NUM! #NUM! 20897.89 209.09 #NUMf #NUM! 84.04 -0.02 #NUM! #NUM! 20874.77 208.86 #NUM! #NUM! 84.03 -0.03 #NUM! #NUM! 20851.66 208.63 #NUM! #NUM! 84.02 -0.04 #NUM! #NUM! 20828.56 208.40 #NUM! #NUM! 84.01 -0.05 . #NUM! #NUM!.. 20805..48, 208.17 #NUM! #NUM! 84.00 -0.06 . #NUM! #NUM! ~ 20782.4Q 207.94 . #NUM! #NUM! 83:99 -0.07 ~ #NUM! #NLJM! 207.59.34 207.71 -#NUM! #NUM! 83.98 -0.08 #NUM! #NUM! 20736.30 207.48 #NUM! #NUM! . 83.97 -0:09 ~ #NUM! #NU!VI~ 207.13.26 20:7.25 #NUM! ~ #NUM! 83.96 -0.10 #NUM! #NUM! 20690.24 207.02 #NUM! ~ #NUM! 83..95 -0.11 #NUM! #NVM! _20667.23 206.79 #NUM! #NUM! 83.94 -0.12 #NUM! #NUM! 20644.24 206.56 #NUM! #NUM! 83.93 -0.13 #NUM!' #NUM! 20621:26 206.33 #NUM! #NUM! 83..92 -0.14 #NUM! #NUM! 20598.29 206.10 #NUM! #NUM! 83:91 -0:15 #NUM! #NUM! 20575.33 205:87 #NUM! #NUM! 83.90 -0.16 #NUM! #NUM.! 20552.39 205.64 #NUM! #NUM! 83.89 -0.17 #NUM! #NUM! 20529:45 205.41 #NUM! #NUM! 83:88 -0.18 #NUM! . #NUM! 20506:54 205.18 #NUM! #NUM! 83:87 -0.19 #NUMf #NUM! 20483.63 204.95 ~ #NUM! #NUM! 83.86 -0.20 #NUM! ~ #NUM! 20460:74' 204.72 #NUM! #NUM! 83.85 ~-0.21 #NUM! ~ #NUM! 20437:86 204.49 #NUM! #NUM! 83.84 -0.22 #NUM! #NUM! 20414.99 . 204.26 #NUM! #NUM! 83.83 -0.23 #NUM! #NUM! 20392.13 204.04 #NUM! #NUM! 83.$2 -0.24 #NUM! #NUM! 20369.29 203.81 #NUM! #NUM! 83.81 -0.25 #NUM! #NUM! 20346.46 203.58 #NUM! #NUM! 83.80 -0.26 #NUM! #NUM! 20323.65 203.35 #NUM! #NUM! 83.79 -0.27 #NUM! #NUM! 20300.84 203.12 #NUM! #NUM! 83.78 -0.28 #NUM! #NUM! 20278.05 202.89 NUM! #NUM! 83.77 -0.29. #NUM! #NUM! 20255.28 202.67 #NUM! #NUM! 83.76 -0.30 #NUM! #NUM! 20232.51 202.44 #NUM! #NUM! 83.75 -0.31 #NUM! #NUM! 20209.76 202.21 #NUM! #NUM! 83.74 -0.32 #NUM! #NUM! 20187.02 201.98 #NUM M! RECENED ~A~ z ~ asps PLANNING DEPARTMENT CRY C~~ ~I Fdl?-A/eYGD 83.73 -0.33 #NUM! #NUM! 20164.29 201.76 #NUM! #NUM! D. FtECTa~NGULAt~ O~IFEC1= FLC3W Complete Section A with site data first. Height (H) _ <~ 0>~6 Feet Width (L) = 03f Feet ~ ~ C = 06~; ~ H '/2 Vol. Time = ! _ ~'.7~ Hours I~L~I Total Time = 19.78 Hours Head Elevation Increm. h Ft. Toi;al h: l=t. .Flow Q ~ .. .:C~ Av Delta Volume ~ Delta Hours Cum.. Hours 84.97 :. 0.79 0:57 ~ . :.. .. . . 0.08 _ ~ . ~ ~ 0:558 2,040 ~ 1.0 $4:89 0.71 0:54 ~ 1.0 0:08 ~ 0.528 2,040 1.1 84.$1 0.63 0.51 2,1 0.08 ~ 0..496 2,040 1.1 84.73 0.55 0.48 3.2 0.08 : ~ ' 0.462 2,040 1.2 84.65 0.47 0.44 :. 4.5 .0:08 0.425 2,040 1.3 84.58 ~ 0.39 .0.41 ~ 5.8 0.08 0.384 2,040 1.5 84.50 0.32 0.36 7.3 0.08 0.338 2,040 1.7 84.42 0.24 0.31 8.9 0.08 0.285 2,040 2.0' 84.34 0.16 0.26 10.9 0.08 0.21.9 2,040 2.6 84.26 0.08 0.18 13.5 0.08 0:091 2,040 6.3 84.18 0.00 0.00 19.$ E. C3~a11=1Ctm FLOW AT ®HW Orifice Q DHW Ft. Orifice Centerline 0.06 ::: 8~,:~7 84.06 Head Ft. sdrt 2 h 0.91 7.65 F. SOL~IE FO~z CII~CUL,~~? d~R1FlCE Sl~lw ®RfGIN,4L RECEIVED i~AY 2 5 2006 IPLAIVNING DEPARTMENT CITY OF CI_EARWATER At 60 hours, '/2 the volume is discharged. Side Slopes = ~i~:€7 To 1 Surface Area DER = 23,08t} Sg. Ft. Surface Area NWL = 19,679 Sq. Ft. 36.haur elevation using calculated orifice size and NWL elevation = 84.68 36 hour elevation using design orifice size and orifice center elevation = . 84.69 A = 21,379 Sq. Ft. h~ = 0.97 Ft. hi ` 0.48 Ft. t = 216,000 Sec. a = 0:0119 Sq. Ft. o~ 1.Z1 Sg.Jn. Orifice: Diameter= ~7: Inches or smaller G. htorlizot~ta! t3rfifce 1=1c~s~t- Failir~r Head Equafio~ DER Elev. = 84.97 aEP NWL Elev.= 84.00 :. ~_.~ h _.-__ Side Slopes = f'0 To 1 h i Surface Acea DER = ' 23 Ot34 Sq: Ft. 2 _ _ ~ _NVVL_ .Surface Area at Orifice a 19,679 Sq. Fk. Volume. in Pond.= .: 20,738 Cu::Ft. ~ ~~ ~~ ~ d . .: Volume Required' _ ~ 20,401- Cu: Ft . t = 2A (h~v~_ hZr,~ /(C a (29)r) . Time to Discharge . Half of the Volume = ~~ Hours h1~'= O,gB hz~'= 0.70 . 2A = 42,759 sq. ft. (S~ .. G = 0.60 a = 0.0121 sq. ft. (29}"' = 8.025 (fixed vale ORIGINAL RECEIVED ~a~r ~ ~ zoos PLANNING DEPARTMENT CITY OF CLEARWATER Evidence of Ovvnershi~ o~rGiN,~ RECEfVEQ MAY ~ 5 20~~ PLANNING DEPARTMENT CITY OF CLEARV'JATER _y~---- i THiS INSTRUMENT PREPARED BY AND RETURN TO: ROGER A~ CARSON, ESQ. JOHNSON, POPE,BOKOR, RUPPEL & BURNS, LLP POST OFFICE BOX ~ 368 CLEARWATER, FL 33767-1368 KARLEEN F. pE gLAKER. CLERK OF COURT PINI=I,LAS COUI1[TY FLORIDA IAISTif 2004315554 DSl05/2D04 at 05:14 PM OFF REC BK: 13753 PG: 332-337 DocType:DEED RECdRDING: 552.50 D pOC STAMP: 55650.00 SPECIAL WARRANTY DEED THIS INDENTURE is made on 2004, between LAKE CHAUTAUQUA, INC., a Florida corporation ("G ntor"), whose post office address is 1200 Gulf Boulevard, Unit 1403, Clearwater, Florida 33767, and PETER C. KRAUSER and EILEEN A. KRAUSER, husband and wife ("Grantee"), whose past office address is 2295 MacKenzie Court, Clearwater, Florida 33765. WITNESSETH: Grantor, for and in consideration of Ten Doliars ($10.Ofl) and other good and valuable consideration to Grantor in hand paid, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, successors and assigns forever, the following described land situated in Pinellas County, Florida: SEE EXHIBIT "A" ATTACHED HERETO THIS DEED IS SUBJECT TO: SEE EXHIBIT "B" ATTACHED HERETO ORIGINAL RECEIVED MAY 2 51006 PLANNING DEPARTMENT CI3Y OF CLEARWATER Grantor does hereby fully warrant the title to said land and will defiend the same against the lawful claims of all persons claiming by, through or under Grantor. The tax parcel numbers for the aforedescribed property are: 32/28/16/14922/045/0010 32/2/316/ 14 922/045/0020 32/28/16/00000/240/0150 32128/ 16/ 14 922/045/0130 32128/ 16/14922/045/0140 32/2$/ 16114922/045/0080 32/2 8/ 16/ 14 9 22/04 5/ 014 0 32/28/ 16/ 14 922/049/0030 32/28f 16/14922/049/0050 32/28/16/00000/240/0110 1N WITNESS WHEREOF, the Grantor has hereunto set Grantor`s hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Signature 11A. S-.,L 1 l i -~ Print name ~~,~ Signature LAKE CHAUTAUQUA, INC., a Florida corporation B Y• ~` Roy E. Shaffe , r. As its President (Corporate Seal} Print name i~R'IGIIVgI, RECEtI/ED MAY ~ 5 2flflG _2_ P1~4NNII~G DEPARTMENT CITY C3F CLEARWATER STATE OF FLORIDA COUNTY OF PiNELLAS The foregoing instrument was acknowledged before me this ~ day of ._, 2004, by ROY E. SHAFFER, JR., as President of LAKE CHAU UQUA, INC., a Florida corporation, on behalf of the corporation. He [is personally known to mej [ d ~ nj, ~ix~~/f 1-r.~~ ~ .~~1 it IL~/~ Notary Public Print name: My Commission Expires: #322773 v1 - LakeChautauquaMaconiDeed ;iP!~1' ^,(~, Andreo B. Bunker ~j~'' rv;v CJrnMISSIOIV ~ CC99986a Ex.~IRES ~%:C~.~o' Moy 23, 2005 -%'f, es n,~.~', 90NDED TNAt3 TROtl FNN iNSURdNCE 1NC •W... ORIGINAL RECEIVED MAY 2 5 2006 PLANNING DEPARTMENT -3- CITY OF CLEARWATER Exhibit "A" PARCEL 1: LOTS 1,2,3.,4,5,6 & 7, BLOCK 45, UNIT N0. I-SEC, A CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINEI.I.AS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 50UTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COIvi1vIENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH (60'R.IW j AND THE WEST RIGHT OF WAY LINE OF LAKE SHORE DRIVE, BOTH BEING SHOWN ON THE PLAT OF UNIT NO. 1-SEC.A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH,S.89°54'48"E., 80.87 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE; AND THE POINT OF BEGINNING; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 133.17 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1462.85 FEET, A ' CENTRAL ANGLE OF OS°12'57", (CHORD BEARING AND DISTANCE N.OS°40'21"E., 133.12 FEET); THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, S.89°53'42"E.,189.75 FEET: THENCE SOUTH, 132.43 FEET TO THE EASTERLY EXTENSION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SAID SECOND AVENUE NORTH (60'R/V~; THENCE ALONG THE EASTERLY EXTENSION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SAID SECOND AVENUE NORTH, N.89°54'48"W., 202.41 FEET TO THE POINT OF BEGINNING. PARCEL 2: LOTS 8,9,10,11,12,13 and 14, BLOCK 45, UNIT NO.1-SEC.A CHAUTAUQUA, ACCORDING TO THE MAP OR' PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORII7A, TOGETHER WITH A PARCEL OF LAND LOCATED WI'THII~i THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF ' SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE IIV'TERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVEI*IUE.NORTH (60'R!W) AND THE WEST RIGHT-OF-WAY LINE OF LAKE SHORE DRIVE,BOTH BEING SHOWN ON THE PLAT OF UNIT NO.1-SEC.A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PII~TF.L.LAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF 5AID SECOND AVENUE NORTH, S.89°54'48"E., 80.87 FEET TO THE EASTRIGHT-OF-WAY LIIIVE OF SAID LAKE SHORE DRIVE; TFIENCE ALONG THE EASE RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTF~RLY, 133.17 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 14b2.$5 FEET, A CENTRAL ANGLE OF OS°12'57", (CHORD BEARIlVG AND DISTANCEN.OS°40'21"E., 133.12 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG . THE EAST RIGHT-OF-WAY LINE OF SAID LAIC SHORE DRIVE, NORTHERLY-133.07 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAYING A RADIUS OF 14b2.85 FEET, A CENTRAL ANGLE OF OS°12'43" (CHORD BEARII~IG AND DISTANCE N.00°27'30"E., 133.02 FEET); THENCE LEAVING SAID EAST RIGHT-OF-WAY LLNE, S.89°50'59"E., 188.69 FEET; THENCE SOUTH, 132.88 FEET; THENCE N.89°53'42"W., 189.75 FEET TO THE POINT OF BEGINNING. PARCEL 3: LOTS 3,4,5,6,7,8 and 9, BLOCK 49, UNIT NO.1-SEC.A. CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PWELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMI4IENCE AT THE IIVTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENCTE NORTH (60'12/W) AND THE WEST RIGHT-OF-WAY LINE OF LAKE SHORE DRIVE, BOTH BEING SHOWN ON THE PLAT OF UNIT NO.1•SEC.A CHAUTAUQUA "ON THE LAKE" A5 RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC - ~- ~ ~ ORIGlNAI! RECEIVED ~~~ 2 ~ zags PLANNING DEPARTMENT CITY OF CLEARWATER RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH, 5.89°5'48"E., 80.87 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID LAKE-SHORE DRIVE; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 521.66 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1462.85 FEET, A CENTRAL ANGLE.OF 20°?S'SS" (CHORD BEARING AND DISTANCE N.O1 °56'OS"W., 518.90 FEET') TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY, 13.60 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1535.72 FEET, A CENTRAL ANGLE OF 00°30'27" (CHORD BEARING AND DISTANCE N.11°50'06"W., 13.60 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTHWESTERLY 281.94 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO 7T-IE WEST AND HAVING A RADIUS OF 1535.72 FEET, A CEN'T'RAL ANGLE OF10°31'07" (N.I7°20'53"W., 281.54 FEET} TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE ALONG THE NORTH LINE OF THE ' SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32, 5.89°58'38"E., 354.03 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH, 269.34 FEET;L THENCE N89°50'41 "W., 275.08 FEET TO THE POINT OF BEGINNING. ORIGIIIIAL RECEIVED MAY 2 ~ 2006 pL~NN1NG DEPARTiVIENT CITY OF CLF.~RWATER EXHIBIT "B" 1. Taxes for the year 2004 and all subsequent years. 2. Restrictions as contained in Deed recorded March 28, 2003, in O.R. Book 12632, Page 1261, public records of Pinellas County, Florida. 3. All notes, statements, easements and restrictions as shown and set forth on the map or plat of Unit No. 1, Sec. A, Chautauqua, recorded in Plat Book 9, Page 52, public records of Pinellas County, Florida. ~RlG~~ REC~fV,ED MAY ~ 5100 P~~1NIPdG DEPARTMEiVT CfTY OF C~EARV'JATER -5- - -----_ OIJVNER'S POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company POLICY NnUMBER u ~\ LandAmerita Commonwealth Land Ttle Insurance Companyis a memberofthe ~ ~ L ~ ~` ~ ~ Q ~ -T ~ Commonwealth LandAmenca family of title insurance underwriters. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXC1*PTIONS FROM COVERAGE CONTAINED IN SCt-IEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND "CITLE 1NSURANCE COMPANY, a Pen}}~ herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exc'~ corporation, Insurance stated in Schedule A, sustained or incurred by the insured by reason of: ~ Amount of RECEIVED 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; MA°i 2 5 2006 4. Lack of a right of access to and from the farad. The Company also wilt pay the costs, attorneys' fees and expenses incurred in defense of the title, as ~~~I~t~ on~y~`tb~tlhM~N ent provided in the Conditions and Stipulations. CiN ~~ CLvd~e~~r~ IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto atfixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: ~~ ~~~ Secretary ~ 8y: r EXCLUSIONS FROM COVERAGE President I The following matters are expressly excluded Pram the coverage of this policy and the Company will not pay loss or damage, costs, attorneys` fees or expenses which arise by reason of: 1. (a) Any .law, ordinance or governmental regulation (including but nob limited to building and zoning taws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the !arid; {iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b} Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date o{ Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a} created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting fn no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy; or (e) resulting in foss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser far value or a judgment or lien creditor. ALTA Owner's Policy (10!17/92) with Florida Modifirations roan 7790-218 ORIGINAL Valid only if Schedules A and B are attached MAY ~ 5 2006 I,:UNL71I IVNS AND ST•IP 7. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary lass or damage sustained or incurred by the insured claimant who has suffered foss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the detect, lien or encumbrance insured against by this poticy. (b) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established attesting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Aate of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shalt have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition ofi all appeals therefrom, adverse to the title as insured. {c) The Company shalt not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. ' 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11, LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount ~so paid shall be deemed a payment under this poticy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shalt be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, ~n which case proof of loss or destruction shall be furnished to the atisfaction of the Company. {b) When liability and the extent of toss ar damage has been definitely fixed in accordance with these Conditions and Stipulations, 'he loss or damage shall be payable within 30 days thereafter. 13• SUBROGATION UPON PAYMENT OR SETTLEMENT. {a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under is policy, all right of subrogation shall vest in the Company unaffected by ny act of the insured c-aimant. ULAI"1QNS -continued PLANNING DEPARTMENT ~I?V QF CL~.~R~~~E,nT~•f? The Company shall be subrogated to and be entitled to alt rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to Ehe Company a!1 rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a.ctaim does not fully cover the toss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proporion which the Company's payment bears to the whole amount of the loss. If toss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rghts of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of Ehis poticy. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed fo by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the stale in which the land is located permit a court to award attomeys'~fees to a prevailing party. Judgment upon the award rendered by the Arbitrators} may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, i1 any, attached hereto by the Company s the entire policy and contract between the insured and the Company. In interpreting any provision vi this policy, this policy shall be construed as a whole. (b} Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and alt other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. AEI notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shalt be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-75fi7., Policy of Title Insurance Commonwealth Land Title Insurance Company Schedule A Order Number: 41279285CA Policy Number: A02-1024994 Amount of Insurance: $300,400.00 Date of Policy: The date shown below or the date of recording of the instruments referred to in Item 3, whichever is the later. October 13, 2005 at 10:02 A.M. 1. Name of Insured MARK MACONI HOMES OF TAMPA BAY, INC., a Florida corporation 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: MARK MACOM HOMES OF TAMPA SAY, INC., a Florida corporation, by virtue of Warranty Deed recorded. in Offvial Records Book 14672, Page 1163, of the public Records of Pinellas County, Florida. 4. The Land referred to in this policy is described as follows: (See attached Exhibit A for legal description) ORIGINAL RECEIVED John54n; Pope, Bo or, Rup ei & Burn~~L'LP ~ ~. -""J ~aY 2 5 2Q~~ ~~.~ PLANNING DEPARTMENT 911 Chestnut Street ~ C1TY OF CLEARVJATER Clearwater, FL 33756 This policy is invalid unless a cover sheet and Schedule B are attached. ' Exhibit A Policy Number: A02-]024994 ~ LOTS 4, 5, 6 and 7, BLOCK 46, UNIT N0. 1-SEC. A CHAUTAUQUA "ON THE LAKE" acording to the map or plat thereof as recorded in Plat Book 9, page 52 of the Public Records of Pinellas County, Florida, Together with a parcel of land lying within the Southeast 1/4 of the Northwest 1/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, And vacated rights of way lying adjacent thereto, being further described as follows: Commence at the Northwest comer, Black 46, Unit 1-Sec. A Chautauqua "On The Lake" as recorded in Plat Book 9, page S2 of the Public Records of Pinellas County, Florida; thence South 89°59'56" East, along the North line of said Block 46, 135.00 feet to the Northwest corner of Lflt 1 I of said Block 46; thence South 00°00'04" East, along the West line of said Lot 11, 103.16 feet to the South west corner of said Lot 11, also being the Northwest corner of said Lat 4 and the POINT OF BEGINNING; thence South 89°50'50" East, along the North line of said Lots 4, 5 and 7 and the Easterly extension thereof, 483.52 feet; thence South, 133.16 feet; thence North 89°50'S9" West, along a line 30 feet South of and parallel with the South right of way line of Third Avenue North (60 foot vacated right of way per Resolution No. OS-108 as recorded in O.R. Book 14426, page 14) and the Easterly extension thereof, 483.52 feet; thence leaving said South line, North 00°00'04" West, along the West line of said Lot 4 and the Southerly extension thereof, 133.18 feet to the FOIlVT OF BEGINNING. ®RrGiN,~ REC~n~D SAY ~ 5 206 1PLANNING DEPARTMENT CITY 4F CLEARWATER Schedule B Policy Namber: A02-1024994 This policy daes not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of; 1. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would ae disclosed by an accurate survey and inspection of the premises. 2. Taxes and assessments for the year 2005 and subsequent years. (NOTE: Taxes for the year 2004 were assessed under Tax LD. No. 32128/16/14922/046/0040 and Tax LD. No. 32/28/16/00000/240/0130 and have been paid.} (NOTE: The above tax assessments do not include vacated right of way, which is part of the insured premises, in that said rights of way were not vacated until July 2005.) 3. Restrictions set forth in County Deed recorded in O.R. Book 12632, page 1261. 4. Easement in favor of Florida Power Corporation recorded in O.R. Book 3217, page 413. 5. Easement in favor of Florida Power Corporation recorded in O.R. Book 4744, page 875. 6. Notwithstanding the legal description in Schedule A, this policy does not insure against rights of the State of Florida based on the doctrine of the state's sovereign ownership of lands lying below the ordinary high water line of any navigable waters. 7. Rights of upper and Iwer owners in and to the use of the waters of Lake Chautauqua and to the continued uninterrupted flow thereof. 8. Rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the publicly used area from the upland private area. 9. Any land described in Schedule A which is artifcially filled land in what was formerly navigable waters, is subject to the rights of the United States government, arising by said government's control over navigable waters involving navigation and commerce.. 10. Any existing leases and or tenancies. ' NOTE: All recording references in this commitment policy shall refer to the. Public Records of Pinellas County, Florida, unless otherwise noted. NOTE: in accordance with Florida Statutes section 627.4131, please be advised that. the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Commonwealth Land Title Insurance Company Regional Office, 20i South Orange Avenue, Suite 1350, Qrlando, FL 32801 Telephone 407-481-8181. ©RIGINAL RECEIVEED ~AV ~ ~ zoos PLANNING DEPARTMENT CITY OF CLEARWATER CONDITIONS AND STIPULATIONS i. DEF'lNITfON OF TERMS. The following terms when used in this policy mean: (a} 'insured': the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured. those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant': an insured claiming loss or damage. {c) 'knowledge' or 'known': actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters aftectfng the hand. (d) "land': the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real properly. The term "land' does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, reads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the Land is insured 6y this policy. (e) "mortgage': mortgage, deed of trust, trust deed, or other security instn,ment. {t) 'public records': records established under state statutes al Date or Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv} of the Exclusions From Coverage, "public records' shall also include environmental protection liens filed in the records of the clerk of the United States distrEct court for the district in which the land is located. {g) "unrnarkefabifity of the title': an alleged or apparent matter affecting the title to the land, not excluded or excepted from cav'erage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the Delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TfTLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as Ehe insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or oNy so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate pr interest. This policy shall not continue in force in favor at any purchaser from the insured of either (i) an estate or interest in the land, or {ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF C!_AIM TO 8E GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause foss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate ar interest, as insured, is rejected as unmarketable. If prompt notice shall not be given Io the Company, then as Io the insured all liability of the Company shat! terminate with regard to the matter or matters for which prompt notice is required: provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shalt be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE ANp PROSECUTION OF ACTIONS; DUTY OF INSURED GLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 ohihese Conditions and Stipulations. the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, Ifen or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel al its choice (subject to the righE of the inswed la object for reasonable cause} to represent Ehe insured as to !hose stated causes of action and shall not be liable for and wilt not pay the fees of any other counsel. The Company will not pay any fees, casts or expenses ncurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the dght, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion ^tay be necessary or desirable to establish the title to the estate or ineerest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shelf exercise its rights under this aaragraph, it shall do so diligently. (c} Whenever the Company shall have brought an action or interposed a 'defense as required or permitted by Ehe provisions of this policy, the Company maY pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or prpvide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shalt give the Company all reasonable aid (j} in any action or proceeding, securing evidence, obtaining witnesses. prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish Ehe title to the estate or interest as Ensured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company`s obligations to the insured under the policy shall terminate,. including any liability or obligation to defend, prosecute, or continue any litigation, with regard fa the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of foss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or Ifen or encumbrance on the fide, or other matter insured against by this policy which const{lutes the basis of loss or damage and shelf state, Eo the extent possible, the basis of calculating the amount of the loss or damage. If the" Company is prejudiced by the failure of the insured claimant. to provide the required proof of loss or damage, the Company°s obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company artd shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before ar after Date of Policy, which reasonably pertain to the lass or damage. Further, iF requested by any authorized representative of the Company, the insured claimant shall grant its pemaission, in writing, for any authorized representative of the Company to examine. inspect and copy aEl records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the foss or damage.. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure od the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of This option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i} to pay or otherwise settle with other parties for or in the name of an insured claiman- any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or othervvise settle with the insured claimant the loss or damage provided for under This poNcy, together with any Costs, attorneys' tees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for En paragraphs (b)(i) or (ii}, the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall Terminate, including any iiabiGty or ob~~l~l~~fend, prosecute or continue any litigation. ~RECEIVE~ MAY 2 ~ ZQ~6 PLANNING DEPARTMENT CITY OF CLEARVJATER OWNER'S POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company POLICY N<JMBER ~ La ndAmeriea Commonwealth Land Trfle Insurance Companyis a membero/the ~ 0 2 _ 1 0 2 ~ 9 Commonwealth LandAmerica family of title Insurance underwriters. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 3. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance an the title; 3. Unrnarketability of the title; 4. Lack of a right of access to and from the land. The Company also wi€I pay the casts, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. ~RIGffVAL RECEIVED COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: `~ ~ ~ 6 6y: pL~4NN G D P~~~~~~' ~ ~ '^ CITY OF ~,~'iJ~4TER President EXCLUSIONS FROM COVERAGE. The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage; costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any .law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the ]and; (ii) the character, dimensions or €ocation of any improvement now or herea€ter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect oP any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would 6e binding on the rights o(a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: {a) created, suffered, assumed or agreed to by the insured claimant; {b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disctosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; ar (e} resulting in loss or damage which would not have been sustained if the insured claimant had paid value For the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent trans[er; or {b} the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where Ehe preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALFA Owner's Policy (10/17192) with Florida Modifications ' Form 1190-21 B ORIGINAL Valid only if Schedules A and f3 are attached ~aY 2 5 Zoos CONDITIONS AND STIPULATIONS -continued ~. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by mason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the Isast of: (i) the Amount of Insurance stated in Schedule A; or, {ii) the difference between the value of the insured estate or interest as inswed and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The Company wilt pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or mare parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not ail, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the lime of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 1 9. LIMITATION OF LIABILITY, (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, ar cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall nave no IiabilHy for Eoss or damage until there has been a final determination by a couR of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability votuntariiy assumed by the insured in seriling any claim or suit without the prior written consent of the Company. 1Q. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LfABILITY. Alf payments under this policy, except payments made for posts, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanio. 11. LIABILITY NONCUMULATIVE. IS is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any Rolicy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount ,so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shalt be made without producing this policy for endorsement of the payment unless the polioy has been lost or destroyed, m which case proof of loss or destruction shall be famished to the .satisfaction of the Company. (b) When liability and the extent of lass or damage has been definitely fixed in accordance with these Conditions and Stipulations, 'the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under his policy, alt right of subrogation shall vest in the Company unaffected by ny act of the insured claimant. PLANNING DEPARTMENT CITY pF CLEARVJ,4TER The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. if loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required fo pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this polity. 14. ARBITRATION. Unless prohibited by applicable taw, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, ai the option of the insured, the Rules in effect at Date of Policy shale be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' tees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT, {a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whose. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such dlaim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating of#icer or authorized signatory of the Company, 16. SEVERABILITY. !n the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shalt remain in ful! face and effect. 17. NOTICES WHERE SENT. Ail notices required to be givers the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, PA. Box 27567, Richmond, Virginia 23261-7567. Policy of Title Insurance Commonwealth Land Title Insurance Company ' Order Number: 41279998CA Schedule A Policy Number: A02-1024993 Amount of Insurance: $250,Od0.()Q Date of Policy: The date shown below or the date of recording of the instruments referred to in Item 3, whichever is the later. October 7, 2005 at 1:34 P.M. 1. Name of Insured MARK MACONI HOMES OF TAMPA BAY, INC., a Florida corporation , 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the Iand is vested in: MARK MACONI HOMES OF TAMPA BAY, INC., a Florida corporation, by virtue of Warranty Deed recorded in Official Records Book 14b6I, Page 1365, of the Public Records of Pinellas County, Florida. 4. The Land referred to in this policy is described as follows: (See attached Exhibit A for legal description) Johnson, Pope okor, ppel & B s, L, ~~ ~ . 911 Chestnut Street. Clearwater, FL 33756 This policy is invalid unless a cover sheet and Schedule B are attached. ORIGINAL RECEIVED SAY 2 51006 PLANNING DEPARTII~ENT CITY OF CLEARWATER Exhibit A Policy Number: A02-1024993 Lots 8, 9, 10 and 11, Block 46, UNIT NO. 1. SEC. A CHAUTAUQUA "ON THE LAKE" according to the map or plat thereof as recorded in Plat Book 9, page 52 of the Public Records of Pinellas County, Florida. Together with a parcel of land lying within the Southeast I/4 of the Northwest 1/4 of Section 32, Township 2$ South, Rance 16 East, Pinellas County, Florida, And vacated rights of way lying adjacent thereto, being further described as follows: Commence at the Northwest corner, Block 46, Unit 1-Sec. A Chautauqua "On The Lake" as recorded in Plat Book 9, page 52 of the Pubiic Records of Pinellas County, Florida; thence South 89°59'56" East, along the North line of said Block 46, 135.00 feet to the Northwest corner of said Lot 11 and the POINT OF BEGINNING; thence North 00°00'04" West along the Northerly extension of the West line of said Lot 11, 30.00 feet; thence South 89°50'41" East, along a line 30 feet North of and parallel with the South right of way line of Fourth Avenue North (60 foot vacated right of way per Resolution No. OS-108 as recorded in O.R. Book 14426, page 14) and the Easterly extension thereof, 535.38 feet; thence leaving said line, South 3.23 feet; thence South 45°00'00" West, 73.34 feet; thence South 77.92 fees to a point on Easterly extension and the South line of said Lots 8, 10 and 11; thence North 89°SO'S0" West along said Easterly extension and the South line thereof, 483.52 feet to the Southwest comer of said Lot 11; thence North 00°00'04" West, along the West line of said Lot 11, L03.16 feet. to the POINT OF BEGINNING. ORIGINAL RECEIVED ~IAY 2 5 206 pI~NING DEPARTMENT CITY OF CLEARWATER Schedule. B Policy hi`umber: A02-1024993 This policy does not insure against loss or damage (and the Company will not pay casts, attorneys' fees or expenses} which arise by reason of; ' 1. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 2. Taxes and assessments for the year 2005 and subsequent years. (NOTE: Taxes for the year 2004 were assessed under Tax LD. Nos. 32/28/16l1492?/046/0080; 32/28/16114922/046/0090; 32/28/16/1492?/046/0110 and Tax LD. ~Io. 32/28/16/00000/240/0120 and have been paid.} {NOTE: The above tax assessments do not include vacated right of way, which is pare of the insured premises, in that said rights of way were not vacated until July 2005.) 3. Restrictions set forth in County Deed recorded in O.R. Book 12632, page 1261. 4. Easement in favor of Florida Power Corporation recorded in O.R. Book 3217, page 413. 5. Notwithstanding the Iegal description in Schedule A, this policy does not insure against rights of the State of Florida based on the doctrine of the state's sovereign ownership of lands lying below the ordinary high water line of any navigable waters. 6. Rights of upper and lower owners in and to the use of the waters of Lake Chautauqua and to the continued uninterrupted flow thereof. 7. Rights, if any, of the public. to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the publicly used area from the upland private area. 8. Any Iand described in Schedule A which is artificially filled land in what was formerly navigable waters, is subject to the rights of the United States government, arising by said government's control over navigable waters 'snvolving navigation and commerce. 9. Any existing leases and or tenancies. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Pinellas County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries. obtain information about coverage, or receive assistance in resolving complaints, by contacting the Commonwealth Land Title Insurance Company Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. aa1G1~AL RECEIVED ~av z ~ 2o~s i'LANIVING DEPARTMEi~T CITY OF CLE,4'I~WATER CONDITIONS AND STIPULATIONS f. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) 'insured": the insured named in Schedule A, and, Subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from. purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant': an insured claiming toss or damage. (c) 'knowledge` or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) °land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real prapeRy. The term "land" does not include any property beyond the lines of the area described or referred to in 5chedute A, nor any right, title, interesE, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) 'mortgage': mortgage, deed of wst, trust deed, or ether security instrument. {f} "public records': records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property !o purchasers for value and without knowledge. With respect to 5ecfion 1(a)(iv) of the Exclusions From Coverage, 'public records° shalt also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is locatbd. (g) 'unmarketabilily of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted horn coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this' policy shall continue in farce as of Date of Policy in favor of an insured only so tong as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so tong as the insured shall have liability by reason of covenants of warranty made by the insured in any Iranster or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or {ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAfM TO BE GIVEN 8Y INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shalt eome to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which. the Company may be liable by virtue of this policy, ar (iii) ii title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the tnsuretl all. liability of the Company shall terminate with regard fo the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shaft in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shalt provide for the defense of an insured in litigation in which any third party assess a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by This policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) fo represent the insured a5 to those stated causes of action and shall not be liable for and will sat pay the fees of any other counsel. The Company will not pay any fees, costs yr expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this pofrcy. (b} The Company shall have the right, at its own cost, to institute and prosecute any action or proceedng or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy, If the Company shalt exercise its rights under this paragraph, it shall da so diligently. (c) Whenever the Company shelf have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation la final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretipn, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses. prosecuting or defending the action or proceeding, ar effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. PROOF OF LOSS OR DAMAGE. fn addition to and after the notices required under Section 3 al these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The drool or loss or damage shall describe the defect in, ar lien or encumbrance on the title, or other matter 'tnsuretl against by this policy which constitutes the basis of loss or damage and shall state, Fo the extent possible, the basis df calculating the amount oP the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of lass or damage, the Company s obligations to the tnsuretl under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In additiar., the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a dale before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the toss or damage. Ail information designated as confidential by the insured claimant provided to the Company pursuant to this Section shat! not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce ocher reasonably requested information or grant permission to secure reasonably necessary inlonnation from third ponies as required in this paragraph shall terminate any fiabilily of the Company under this policy as to that claim. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or lender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shaft terminate, including any liability or obligatidn to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or othernise settle wish other parties for or in the name of an insured claimant any claim insured against under this policy, together wish arty costs, attorneys' tees and expenses incurred by the insured claimant which were authorized by the Company up to Ehe time of payment and which the Company is obligated to pay; or (ii} to pay or otherwise settle with the insured claimant the foss or damage provided for under this policy, together with any Costs, atiomeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to tae made, shall terminate, including any liability or obligation to defend, prosecu[e or continue any litigation. ORIG1ifVA1. RI=CEIVFD MAY 2 5 2~Q~ PLANNING DEPARTMENT '~'~'' ~~ ~''IEARVt/ATER -a OWNER'S POLICY OF TITLE INSURANCE American Land Title Association (10117192) (WITH FLORIDAMODIFICATIONS) Issued by Commonwealth Land Title Insurance Company Commonwealth Land Tftle Insurance Company is a member of the LandAmeriea lamily of title insurance underwriters. \ LandAmerica C©mmvnwealth landAmerica Financial Group, Inc. tot Gateway Centre Parkway Richmond, Uirglnia 23235.5153 www.landam.com TMAN~YOU. Title insurance provides for the protection of your real estate investment. We suggest you keep this policy in a sate place where it can be readily available for future reference. If you have questions about title insurance or the coverage provided by tills policy, contact the office that issued this policy, or you may cal! or write: Commonwealth Land Title Insurance Company Consumer Affairs p.0. Box 27567 Richmond, Virginia 23261-7567 Telephone, to!! free: 800 446-7086 web: www.landam.com We (hank you far choosing to do business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. LandAmerica Commonwealth OWNER'S POLICY OF TITLE INSURANCE r 0 lssuedbyCommonwealth Land Title Insurance Company POLICY NUMBER f \ ~andAmerica Commonwealth LandTrtlelnsuranceCompanyisamemberofthe A 0 2 -10 2 4 9 51 Commonwealth LandAmarica family of title insurance underwriters. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED iN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COfv4PANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but Doty to the extent . provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAN[7 TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized o#ficer or agent of the Company. COMMONWEALTH LAND T1TLE INSU~y~OMPANY RECENED Attest: , ~ ~ 6y: ~A~ ~ 5 2oas Secretary Pr`t~F CI.Ep,RWATER EXCLUSIONS FROM GOVERACsE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to {i} the occupancy, use, or enjoyment of the land; (ii} the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv} environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any flaking which has occurred prior to date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. f7efects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate ar interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: {i) to timely record the instrument of transfer, or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA Owner's Policy (10/17!92) with Florida Modi#ications Form 1990-21B ORIGINAL Valid only if Schedules A and B are attached RECEIVED CONDITIONS AND STIPULATfONS -continued r DETERMI A)Tt0 AN EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The Company will pay only those costs., attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT, If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has. otherwise (been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shat) not be liable for any loss or damage caused thereby. (b} In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shalt have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. {c) The Company shalE not be liable for toss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. ' 1d. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, ' attorneys' fees and expenses, shall reduce the amount of the insurance pro lento. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this 'policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule t3 or to which the insured has agreed, assumed, or taken subject, ar which is hereafter executed by an insured and which is a charge or lien on She estate or interest described or referred to in Schedule A, and the amount so paid shat) be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b} When liability and the extent of lass or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shat! have settled and paid a claim under this policy, al! right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company sha[I be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shalt transfer tp the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company io sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights nr remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Gompany`s payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but. the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation.. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and steal! include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited lo, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligatien. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the opfton of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. {a} This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interesS covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16, SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and alt other provisions shalt remain in full force and of{ect. 17. NOTICES WHERE SENT. Ail notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. Policy of Title Insurance Commonwealth Land Title Insurance Company Schedule A ' Order Number: 412I5750CA Pokey Number: A02-1024951 Reference Number: 43655.103395 Amount of Insurance: $950,000.00 ' Date of Policy: The date shown below or the date of recording of the instruments referred to in Item 3, whichever is the later. AUGUST 5, 2004 AT 5:14 P.M. I. Name of Insured PETER C. I{RAUSER and EILEEN A. KRAUSER, husband and wife. 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple ' 3. Title to the estate or interest in the land is vested in: PETER C. KRAUSER and EII.EEN A. I{ItAUSER, husband and wife, by virtue of Special Warranty Deed recorded in Official Records Baok 13753, Page 332, of the Public Records of Pinellas County, Florida. 4. The Land referred to in this palicy is described as follows: (See attached Exhibit A for legal description) Johnson pe, 13~kor, Ru pel & Burns`, LLP ' 911 Chestnut Street Clearwater, FL 33756 ' This policy is invalid unless a cover sheet and Schedule B are attached. 4RI GIiVAL RECEIVE~3 MAY 2 5 ?O1~6 ~L.AI~11`IIfVG DEPARTfV1ENT CITY OE CLEARVJATER ORIGINAL RECEIVED MAY 2 5 2016 Exh~b~c A pLp,NNI1VG DEPg12TNIERIT GyT1( OF GLEARWATER PARCEL 1: Fol'ecy Number: A02-1024951 LOTS 1,2,3,4,5,6 & 7, BLOCK 45, UNIT NO. 1-SEC, A CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT B OOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH (60'R/W) AND THE WEST RIGHT OF WAY LINE OF LAKE SHORE DRIVE, BOTH BEING SHOWN ON THE PLAT OF UMT NO. 1-SEC.A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH,S.89°54'48"E., 80.$7 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE; AND THE POINT OF BEGINNING; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 133.17 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND I-iAVING A RADIUS OF 1462.85 FEET, A CENTRAL ANGLE OF OS° 12'57", (CHORD BEARING AND DISTANCE N.OS°40'21 "E., 133.12 FEET); THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, S.89°53'42"E.,189.75 FEET; THENCE SOUTH, 132.43 FEET TO THE EASTERLY EXTENSION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SAID SECOND AVENUE NORTH (60'R/W); THENCE ALONG THE EASTERLY EXTENSION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SAID SECOND AVENUE NORTH, N.89°54'48"W., 202.91 FEET TO THE POINT OF BEGINNING. _. PARCEL 2: LOTS 8,9,10,11,12,13 and 14, BLOCK 45, UNIT NO.1-SEC.A. CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE. NORTH (60'R/W) AND THE WEST RIGHT-OF-WAY LWE.OF LAKE SHORE DRIVE,BOTH BEING SHOWN ON THE PLAT OF UNIT NO.1-SEC.A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PTNELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH, S.89°54'48"E., 80.87 FEET TO THE EAST RIGHT-OF-WAY LIINE OF SAID LAKE SHORE DRIVE; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 133.17 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1462.85 FEET, A CENTRAL ANGLE OF OS°12'57", (CHORD BEARING AND DISTANCEN.05°40'21 "E., 133.12 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY 133.07 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1462.$5 FEET, A CENTRAL ANGLE OF OS°12'43" (CHORD BEARING AND DISTANCE N.00°27'30"E., 133.02 FEET}; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, 5.89°50'59"E., 188.fi9 FEET; THENCE SOUTH, 132.88 FEET; THENCE N.89°53'42"W., 189.75 FEET TO THE POINT OF BEGINNING. PARCEL 3: LOTS 3,4,5,6,7,$ and ), BLOCK 49, UNIT NO.1-SEC.A. CHAUTAUQUA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE Ifi EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: t COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH (60'R/W) AND THE WEST RIGHT-OF-WAY LINE OF LAKE SHORE DRIVE, BOTH BEING SHOWN ON THE PLAT OF ' UNIT NO.I-SEC.A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE CENTERLINE EXTENDED OF SAID SECOND AVENUE NORTH, 5.84°54'48"E., 80.87 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, NORTHERLY, 521.66 FEET ALONG THE ARC OF A CURVE THE WEST AND HAVIl,TG A RADIUS OF 1462.85 FEET, A CENTRAL AN CONCAVE TO GLE OF 20°25'55" (CHORD BEARING AND DISTANCE N.O1°56'0$"W., 518.90 FEET) TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY, 13.60 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1535.72 FEET, A CENTRAL ANGLE OF 00°30'27" (CHORD BEARWG AND DISTANCE N.11 °50'06"W., 13.60 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTHWESTERLY 281.94 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 1535.72 FEET, A CENTRAL ANGLE OF10°31'07" (N.17°20'53"W., 281.54 FEET) TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32, 5.89°58'38"E., 359.03 FEET; THENCE LEAVING SAID ' NORTH LINE, SOUTH, 269.34 FEET;L THENCE N84°50'41 "W., 275.08 FEET TO THE POINT OF BEGINNING. ORIGINAL. RECEIVED MAY 2 5 2076 PLANNING DEPARTMENT CITY OF CLEARWATER ORIGdNAL RECEIVED MAY ~ 5 206 PLANNING DEPARTMENT Schedule B CITY OF CLfARV'JATER Policy Number: A02-1024951 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Taxes and assessments for the year 2004 and subsequent years. (NOTE: Parcel 1: Taxes for the year 2003 were paid under the following Parcel Numbers in the corresponding gross amounts: 32/28/16/14922/045/0010 -Lot 1, Block 45 $201.76 32/28/16!14922/045/0020 -Lots 2-7, Block 45 $3,617.90 32/28/16/00000/240/0150 -Sectional Land - no taxes for 2003). (NOTE: Parcel 2: Taxes for the year 2003 were paid under the following parcel Numbers in the corresponding gross amounts: 32/28/16/14922/045/0130 -Lot 13, Block 45 $201.76 32/28/16/14922/045/0140 -Lot 14, Block 45 $139.86 32/28/16/14922/045/0080 -Lots 8=12, Block 45 $2,425.69 - 32/28/16l00000/240/0140 -Sectional Land - no taxes for 2003). (NOTE: Parcel 3: Taxes for the year 2003 were paid under the following parcel numbers in the corresponding gross amounts: 32/28/16/14922/049/0030 -Lots 3&4, Block 49 $598.40 32/28/16/14922/049/0050 -Lots 5-9, Block 49 $1,251.82 32/28/16/00000/240/0110 -Sectional Land - no taxes for 2003). 2. Notwithstanding the legal description in Schedule A, this policy does not insure against rights of the State of Florida based on the doctrine of the state's sovereign ownership of lands lying below the ordinary high water line of any navigable waters. 3. Rights of upper and lower owners in and to the use of the waters of Lake Chautauqua and to the continued uninterrupted flow thereof. 4. Rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject. property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the publicly used area from the upland private area. 5. Any land described in Schedule A which is artificially filled land in what was formerly navigable waters, is subject to the rights of the United States government, arising by said government's control over navigable wafers involving navigation and commerce. G. Any existing leases and ar tenancies. 7. Restrictions as contained in Deed recorded March 28, 2003 in Official Records Book_12632, Page 1261. 8. All Hates, statements, easements and restrictions as shown and set forth on the Map or Plat of UNIT NO. 1, SEC.A, CHAUTAUQUA recorded in Plat Book 9, Page 52. 9. Mortgage from FETER C. KRAUSER and EILEEN A. KRAUSER, husband and wife to AMSOUTH BANK, dated August 4, 2004 and recorded August 5, 2004, in Official Records Book 13753, Page 33$, of the Public Records of Pinellas County, Florida, in the original principal amount of $675,000.00.(As to Parcels I & 2) 10. Mortgage from PETER C. KRAUSER and EILEEN A. KRAUSER, husband and wife to LAKE CHAUTAUQUA, INC.,a Florida Corporation, dated August 4, 2004 and recorded August 5, 2004, in Official Records Book 13753, Page 350, of the Public Records of Pinellas County, Florida, in the original principal amount of $180,000.00.(As to Parcel 3) ' NOTE: All recording references in this commitment/policysholl refer to the Public Records of Pinellas County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Commonwealth Land Title Insurance Company Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801,Telephone 407-481-8181. CONDITIONS AND STIPULATIONS ~, DEFINITION OF TERMS. Tee following terms when used in this policy mean: (a} 'insured': the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest o! the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant': an insured claiming loss or damage. (c) "knowledge' or "known': actual knowledge, not constructive knowledge or notice which may 6e imputed to an insured by reason of the public records as defined in This policy or any other records which impart constructive notice of matters affecting the land. (dl 'land': the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The tens 'land' does not include any property beyond the tines of the area described or referred to in Schedule A, nor any right, line, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the tend is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, ar other security instnsment. (f) 'public records": records established under state statutes at Dafe of Policy for the purpose of imparting constructive notice of matters relating to real property fo purchasers for value and without. knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, 'public records" shall also include environmental protection liens filed in the records of the clerk of the United Slates district court for the district in which the land is located. (g) 'unmarketability o1 the title': an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring Ehe delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transler or conveyance of the estate or interest. This policy shalt not continue in force in favor of any purchaser from the insured of either (i} an estate or interest in the land, or (fi) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO 13E GIVEN BY INSURED CLAIMANT. The insured snail notify the Company promptly in writing {i} in case of any litigation as set forth in Section 4(a) below, (i) in case knowledge shall come to an insured hereunder of any claim oP title or interest which is adverse to the title to the estate or interest, as insured. and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of [he Company Shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shalt in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. d. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, al its own cost and without unreasonable delay, shall provide for the defense of an insured in Litigation in which any third pally asserts a claim adverse io the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees vt any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in [he defense of those causes of action which allege matters not insured against by this policy. (b) The Company shalt have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shat! not (hereby concede liability or waive any provision of this policy. ll the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by Ehe provisions of this policy, the Company may pursue any litigation to final determination by a court of competent 1 jurisdiction and expressly reserves the right, in its sole discretion, to appeal trom any adverse judgment or order. (d} In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of Ehe insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company alt reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in me opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shaft be furnished to the Company within 90 days after the insured claimant shalt ascertain the lacis giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured againsE by this policy which constitutes the basis of lass or damage and shall state, to the extent possible. the basis of calculating the amount of the lass or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at Such reasonable times and places ~ as may be designated by any authorized represenlalive of the Company, all records. books. ledgers, checks. correspondence and memoranda. whether bearing a date before or after Dale of Policy, which reasonably pertain to the loss or damage. Further, it requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage. All infamnation designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary infortnalion from Third ponies as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OA OTFfERWISE SETTLE CLAIMS; TEAMINA710N OF LIABILITY. [n case of a claim under Ihis policy, the Company shall have the following additions{ options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, atfomeys' tees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shalt be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With 4he Insured Claimant. (i) to-pay or otherwtse settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, atfomeys' tees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Campariy is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, atfomeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the pa~~-(equired to be made, shall terminate, includng any liability or obligation t secute or continue any litigation. RECEIVED MAY 2 ~ 2006 t PLANNING DEPARTMENT CITY OF CLEARWATER OWNER'S POLICY OF TITLE INSURANCE American Land Title Association (10!17!92} (WITH FLORIDA MODIFICATIONS} Issued by Commonwealth Land Title Insurance Company Commonwealth Land Tltle Insurance Company is a member of the LandAmerica family or line insurance undenvrilers. THANK YOU. Title insurance provides for the protection of your real estate investment. We suggest you keep this policy in a safe place where it can be readily available for future reference. If you have questions about title insurance or the coverage provided by this policy, contact the office that issued this policy, or you fray call or write: Commonwealth Land Title Insurance Company Consumer Affairs P.O. Box 27567 Richmond, Virginia 23261-7567 telephone, toll free: 800 446-7086 web: www.landam,com We thank you for choosing to do business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. Commonwealth Land Tltle insurance Crrmpany is a member o1 the LandAmerica family of title insurance underwriters. LandAmerica Commonwealth LandAmerica Financial Group, inc. i0i Gateway Centre Parkway Richmond, Virginia 23235-5153 www.landam.com LandAmerica Commonwealth c c ORIGINF~I. RECEIdED APB 2 7 ~0~~ RIANNIN ~DE~U A ERA clr{ o~ i ~~~o~~ 1~R-1 {o e~T~o'1 ~. b '~Cl ~d w w ~ Pr: ~la~t CoNho~ ~r,~rea,y p~A~~ ~a rl ~ oca~~ ~ r cK1r,~~T ~- r ~~ F1RST STREET E (6a' R/v~ FfRST STREET E. (6D' R/14~ 0 h l 7xvz 5.8i a ~t. 9~qh ,_ ry`'~ea ti~ R ~,~`~,~h 9 i ti5 , I ~ I~~~ EAST ` `~TERPRISE ~ RD. .~ A N „ry -~, ~31~dhl~b'~310 ~0 A110 ~, 1N~~l~b'd30 ONINN'did 1"" -- '„ :~ ": Ls~s2~s . 9001 ~ ~ ~d~ - Q3AI~03~ ~ ° A 2isf ~. ,~~ ° ... : . ~NlelaO m wm~ n _ ~ h .., ~ . y~ ~ S' ~ P ;p .. ( tai` wff 6 '- Q7; ~ ~ ~ ~ ~ m2741 ~ a7l41 _ ", ' ~ V A ) , _- 6274 ~ n27 a27 ,;2788 f6~ __ _~. h ZQ.~ `~ h ~''~ * 1 , 4 ' .4743 w rrer .kEt = ~ . -,747 . .. . ' ry . i ry,. /ry z ~~, f 'ti. / ' G,.' S h, ~ x'7 T m274 ~h'„ h ^~ , ry 2~t' lN'. -~- 2T79~ ~ I ql r ., ~ L•~ ENTERPRISE ~~ -- 9 }~ Q, ,~ t z44o 60 7h 11 2434 zazs 3 ~~g 7 ~ ,. Q w 2 ~ x ra z4n ~ 66 .B ~I ar.1 N Illl N N Ci 24 9 24~a N N,; . H ` 2418 F,~. N f5 f6 Public infomlaUon data is furnished ay U1e Public Works Admrnistra6on/~ngineering, and used by the recipient with the unders~ received was collected for fhe purpose q( infrastructum inventory. As such, the Cit)r makes no warranties, expressed orimp6e accuracy, completeness, reliability, orsuih other parficular use. Furthermore, the City assumes no liability whatsoever associa(e~ of such data. N W ~ S 2(ID T00 A ~{0~ Legend BUILDING FOOTPRINTS ~ AGREEMENT TO ANNEX CITY OWNED PROPERTY 1234 ADDRESS .~,~ Outside Clearwate t6 !7 7 a a x a z3 r- - --, 12345 ~ SUB NUMBER (* - Refi t~ BLOCK NUMBER O SUB PARCEL NUMBEI ~z PARCEL NUMBER (M8 `'-~, -, LAND HOOK (COMM01 ~- FLATTED SUBDIVISIOI AVE, N 9 79'3LL :. ":'N - ~ LA1(ECyAUrAUQUA i v u ' o :sere ~ _'~, I -.. ~. 2360 125'I~i73~~izf 1 ;19".~.i8~11 16 -. - /- ; I _ ~ 1S fd '14 13:. ._1Z ~ i1 10 -~ ~ ( - - :I ~ ~ 4 , t p, I N ~~ ~ ~ ~' ~ Y ~ 3 ~•4 i $ ~ B ~ 8 ~ 9 ! 10 i 1i 1Z I i 1 7 ~,I.7 r ~ _9: 7 ~ - - ~=1 ( I---- ~ fi1. LOT OWNERSHIP LINE _ ~ ' ORIGfNAI PLATTED L( a I'': ~~~' ~ PR^PCf~TY" LINE 1~„ - ;~, , ,. ~.: ..-f~. ~.l' r; p - t., y.: .:;.. ~.1.. ' 1 '. t~. _ - :.;,.: :z; :;~~ s ;;;' . ~...: ~~~ - / , !I I 5 a t p n Driv w ea r ..L~• . r.; y _ - .;; ~: „i. f, .. f.: \. ' A : .. ~ a ..Y~ v '-' ' ~~•• _ .{ v 1 , .j n ` V ,,.; 9 s 28' ho iz. rolling gate w/ ap roved Knox op Wing 5~5tem ~~-0' EN-R'( PLAN '/IFW THIRD aVEN~E N C60' R/W NAT IMPROVED) 30.02' Ghautau ,~ Mark Ma~oni ~ Homes 4 IV O T-0' TYPICAL GGLUMN PLAN TYPICAL COLUMN ELE'c'ATION a ~u~ ~. rrwsx ^F ~~~~ ~ . ~~~r. ~~~~. ~~~~ SEGTICPJ ua Entr~n~e details FxK,a, r ~a rZ' ®~IGj~ ud RRECEI~ED I HI ^ R 2 7rQF • 4dV4 P CANNING DEP,4RT~jE CITY OF NT CLE~,~~fJ~TFp SECTION 32, TOWN5HfP 26 S, RANGE 16 E PINELLAS COUNTY, FLORIDA ~ oa 50 0 ~ o0 SCALE: 1'"~0~ RECEIVED APR 2 71006 PLANNING DEPARTNiEN1' CITY OF CLERRWATER ,~~ -., ~ , - ~ ~~ ~ .. ~~ • 8 Cvpna Bane ~ ~. Oeu u^ ._ .. ~ xti e c r r~.. . p ,u 3 ~ i srFdE ~~. r ,~ SIT _ a E, ~rF, 1 , -~ e~,r"r ~ ~ .e~ __ ~a.=,.. • __ . .. ano~,,,~~;o _ SC ArvV ~ Prn ~n O~ ~ I '. ' ~ c ~ ~ ... ~ .,,..... -:. Y 4yA fE ' .. .. ._, n _ Flo rr`n~J~, i "~..:. ~~ ~. A . j t N - n _. f .v _ t oey~-,__ _ :. _ 9 ` ..,. _:~ _,.-,. M t W.a lyh B~~hinY P3 .._ .. ~~,e ~ ~ E ioaii~~Nry .,,.. i ___ ~~ . _. ~ ..... .:.^. ..... :: L nlGmaw i -..,... ° ~halcc~P15 - -. .._ ~i i r o ~~~:i. D .,,. e :. ft p ~ ~Ta ~ ~ o's .. • ^ - n ve € J . ... i_ ~ { ~ .r ~~. -_ P A..i E'-. .~: - _+ t -. .. ~vlNl' 1 ~~ NOT TO SCALE I ~! CHAUTAUQUA -TRACTS 1-B KEY SHEET n~.~ DOLLAR DEVELOPMENT CORP 04-28-OB IpiEp(E~0'BY: ISCAI£:1'e100' IoRRmJT r: J09 NO.850-0.5 r~~aRJS ASSOCIATES fNC. PROFESSIQNAL SURVEYING Ll3 6113 18850 U.S HIGHWAY i9 SURE 500 CLEARWATER, FLORlOA 33764 ~Er {727) 524-6500 \ NOT PLATTED FIFTH A VE N U E N ~ yACA TED PER OR 1 315, PG 2477 (30' R/W NOT IMPROVED} ~ ORDINANCE NO. 429-05 ~'{~3 ~ ~ ~s ~; ~ ~s'(a} r- W ~. I 10 w W~ ~~ b ~°. U} NCE 1.4' F PROPEI 45'(Pi 4' CHAIN LINK FEN I.LI ~~ ~~ (Q g 8 r ~ ~c~ ~ z , ~ SIR 9S4Pi as'(P1 ~ 1 /~ V / 00 , a ~~ ~ 1 ~ ~~~N ~ a0 i CD N89°5 '27"E ~ POC FIR 1/2" 90.00' (F&~} SW CORNER FOURTH A VE N U E OF BLOCK 49 {60' R/W NOT IMPROVED) (DESCRIPTION ~0' v~`~ 57.ca'iP) w 7 Q~P ~~~~ G~,P EG ~~ ti THE TOWNHOMES OF NORTHWOOD P.B. 113, PG. 55 S 89'58'32"E (P) S 89'S8'38~E 879.17' CORNER NOT SET 83.58' UNDER WATER n ~ ~~ Y ~O ~ ~ O, f (~ ~G~ ~ V' ~~¢y fGZO~y ' ~ ~ o' ~"` '~ C D ~1P1 Q~ ~Q \ ' ' -o 1 fi`r' ~~ ~ Q 1 ~ „ 9° ~ 1 V 1 ¢ PETER~C~&_ErLf~EN KRAUSER '~ MARK MACONI HOMES OF TAMPA BAY, INC. KRAUSER CONSTRUCiION,INO ELITE TITLE AGENCY, INC. STEWART TITLE GUARANTY CO a5`,P} N G LOTS 7, 8, AND 9, BLOCK 49, UNIT N0. 1, SEC. A CHAUTAUQUA °ON THE LAKE" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LYING WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AND VACATED RIGHTS OF WAY LYING ADJACENT THERETO, BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER, BLOCK 49, UNIT 1 - SEC. A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N89'55'27"E, ALONG THE SOUTH BOUNDARY OF SAID BLOCK 49, 90.04 FEET; THENCE N00'16'58"E ALONG THE WEST LINE OF LOT 3 OF SAID BLOCK 49, 102.90 FEET T4 THE POINT OF BEGINNING; THENCE CONTINUE NOD'16'S8°E ALONG THE WEST LINE OF SAID LOT 9 AND THE NORTHERLY EXTENSION THEREOF, 135.10 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF FlFTH AVENUE NORTH; THENCE 589'58'38"E, ALONG SAID NORTH RIGHT OF WAY LINE AND THE EASTERLY EXTENSION THEREOF, ALSO BEING THE NORTH LINE OF SAID SOUTHEAST 1/4, 579.17 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH, 134.fi7 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOTS 7, 8 AND 9; THENCE ALONG SAID EASTERLY EXTENSION AND THE SOUTH LINE THEREOF, S89'58'S0"W, 579.84 FEET TO THE POINT OF BEGINNING. CONTAINING 1.78 ACRES, MORE OR LESS FCM 4°x4" 100. (UNDER WATER) FCM 4"x4" (UNDER WATE NORTHWOOD E5TATES TRACT "H" COUNTRY PLACE VILLAGE P.B. 88, PG. 32 S 89'58'32"E (P) CORNER NOT SET UNDER WATER NORTH LINE, S.E. 1/4, N.W. 1/4, SECTION 32-28-16 TRACT 1 89'58'50"W 579.84' A = ARC LENGTH FEP = FOUND OPEN END IRON PIPE (SIZE) POB = POINT OF BEGINNING ASPH ASPHALT FlR = FOUND IRON ROD (MARKED OR SIZE) POC = PgNT OF COMMENCEMENT C = CHORD LENGTH FN = FOUND NAIL R = RADIUS CAL = CALCULATED FN8d1 = FOUND NAIL & DISK (MARKED) R/W = RIC+IT OF WAY CB = (D) = CHORD BEARING DEED BEARNG OR DISTANCE FPP = FOUND PINCHED IRON PIPE (SIZE) SIR = SET 1/2" IRON ROD ' L8 6113 LB = UCENSEO BUSINESS SNddl = SET NAIL AND DISK LB6113 D = DELTA OR CENTRAL ANGLE LS = LAND SURVEYOR T = TANGENT EASMT = EASEMENT NO. = NUMBER UT1L = UTILITY (F) = FELD MEASURED BEARING OR DISTANCE OR = OFFICIAL RECORDS BOOK (W) = WITNESS CORNER F"X" _ FOUND "X" CUT (P) = PLAT BEARING OR DISTANCE FCM FOUND CONCRETE MONUMENT (MARKED OR SIZE) PC = POINT OF CURVE FDH - FOUND DRILL HOLE PG = PAGE wErc,aNOs SECTION 32, TOWNSHIP 28 S, RANGE 16 E PINELLAS COUNTY, FLORIDA 0 30 60 IRIGINAL S CALE:1 "=6~ CEIVED APR ~ ~ 1006 CORNER NOT SET UNDER WATER PLANNING D~PARTN~NI' CITY OF CLEARWATER 1. UNLESS OTHERWISE INDICATED ALL BEARINGS AND DISTANCES SHOWN ON 1Hf MAP OF SURVEY ARE FIELD MEASURED. BEARINGS SHOWN ARE BASED ON THE NORTH LINE OF THE 5.E. 1/4 N.W. 1/4, SECTION 32-26-16, ASSUMED ASS 89'58'38"E. 2. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. ND EXCAVATION WAS PERFORMED TO VERIFY THE LOCATION OR EXISTENCE OF ANY UNDERGROUND UTILITIES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES DR FOUNDAi10NS. UNDERDROUND UTILITY LINE LOCATIONS (IF SHOWN HEREON) ARE BASED UPON UTILITY PROMDER ATLASES AND VISIBLE SURFACE EVIDENCE. 4. RE-USE DF THIS SURVEY FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, W1THOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE TO WHOM CERTIFlED. 5. ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWSE NOTED. ALL PERIMETER BEARINGS AND DISTANCES ARE ALSO FIELD MEASURED UNLESS NOTED. 6. THE JURISDICTIONAL WETLAND LINE SHOWN HEREON, WAS TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY POLARIS ASSOCIATES, INC., DATED 03-19-03, PREPARED FOR: LAKE CHAUTAUQUA, INC. NOTED ON THE TOPOGRAPHIC SURVEY "WETLAND JURISDICTIONAL FLAGS WERE SET BY ARMSTRONG ENMRONMENTAL SERNCES". 7. THE SITE APPEARS TO BE IN FLOOD ZONES A AND X, ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125139 0088 G, EFFECTIVE DATE SEPTEMBER 3, 2003 (MAP INDEX NUMBER 12103CINDIA, MAP NUMBER 12103COOBSG EFFECTIVE DATE SEPTEMBER 3, 2003). POLARIS AS50CIATES, INC. AND THE SIGNING SURVEYOR HEREON ASSUMES NO LIABILITY FDR THE ACCURACY OF THIS DETERMINATION. THE AUTHOR DF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAMNG JURISDICTION OVER SUCH MATTERS SHOULD BE DONTACTED PRIOR TO ANY JUDGMENTS BEING MADE FROM THIS INFORMATION. THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT "THIS MAP IS FOR INSURANCE PURPOSES ONLY'. 8. ANY ZONING INFORMATION SHOWN OR NOTED HEREON IS BASED ON INFORMATION AVAILABLE DURING THE PREPARATION OF THE SURVEY. THIS INFORMATION SHOULD BE VERIFIED WITH THE GOVERNING AUTHORITY PRIOR TO ANY DETERMINATIONS DR DESIGN. 9. SHOWN ANYWHERE DN THIS SURVEY, THE WORD "CERTIFY"IS UNDERSTOOD TO BE AN EXPRESSION OF A PROFESSIONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NDR A WARRANTY. 10, UNLESS OTHERWISE INDICATED, THE PROPERTY DESCRIPTION AND EASEMENTS SHOWN WERE FURNISHED TO POLARIS ASSOCIATES, INC. ANp ARE PRESUMED TO BE CORRECT. ND SEARCH OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC., WA5 PERFORMED BY THIS FIRM FOR THE COMPLETION DF THIS SURVEY AND THERE MAY BE ADDITIONAL RESTRICTIONS THAT MAY BE FOUND IN THE PUBLIC RECORDS DF THIS COUNTY. 11. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTriER MATTERS OF RECORD. •.Kk. _ PH0.ECT: LAKE CHAUTAUQUA -TRACT 1 I TYPE ~ 5°R~" BOUNDARY SURVEY ~Ph~°`°"' SAND DOLLAR DEVELOPMENT CORP DATE: CHEpfEO BY: SCP1E: ORhN~N EY: .qB ND. SHEET 09/19/05 JDW 1"=60' JT 2850-05 1 OF 1 6 HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYOR5 IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. (/D r O (n POLARIS~ASSDCIATES INC. PROFESSIONAL: SURVE PING, , LB 6113 18850 U.S'HIGHWA,Y~ iJ ~ ~~~~IT`t'~5,00;, ;' . ; CLEARWA,TER; ; FLO '1~, A'~,337F-4: ~' ' ' (727) 524=65002, ti8 ..... `~w`~.,"~~ ~~'4~ ~.r•,~'. s' `; ~ t ~:~'. ~'ti•, o~~ °-' W F CE 1.4' " ,~PJ , PROPERTYI ~~"~' G~,PJ .a • " 4~`{Pj ,y5' P ~5`if'} d5`(P) P '~ 8:~65'Epi N89 5850 E L~J 4' CHAIN SIR 5 P yti LINK FENCE ,~ ~ ,~E G• w. ~ ° ~ ~ ~~ ~ o. ~ ~ r~, ~ t?s.av{Pj G 1 2 (0 0 (v 3 0 4 A O ~ o ' © N 9'50'41 "W ~ o ~ s~ ~ 0 44.97 ~ N00'00'04"W ~. ~' ~ ~ N89°5 27' E Z ~ 30 ~~~ A ,~ ° N ~~ , ~,;°;r•T 90. 4 ~'t1'I as'{r; Au't~~ ,~e.7r;a} ~ ~ -o PQC FIR 1/2" 9€i.OC` (r&P} FIR 1/2" SI ---_. ______- Q ~ ~ ~ VACATED PER DR 14426, PG 14 T1 ~ SW CORNER P~~ SIR RESOLUTION NO. 05-108 ~'~ OF BLOCK 49 FOURTH AVENUE N ~ N89.50'41"w r~ SI (60' R/W NOT IMPROVED) ~ LOTS 3, 4, 5 AND 6, BLOCK 49, UNIT N0. 1, SEC. A CHAUTAUQUA "ON THE LAKE'° ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LYING WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AND VACATED RIGHTS OF WAY LYING ADJACENT THERETQ BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER, BLOCK 49, UNIT 1 - SEC. A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PMELIAS COUNTY, FLORIDA; THENCE N89'55'27"E, ALONG THE SOUTH LINE OF SAID BLOCK 49, 90.04 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING; THENCE NOO'16'58"E ALONG THE WEST LINE OF LOT 3 OF SAID BLOCK 49, 102.9D FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE NORTH LINE OF SAID LOTS 3, 4 AND 6, AND THE EASTERLY EXTENSION THEREOF, N89'58'50"E, 579.84 FEET; THENCE 5DU1H, 134.67 FEET; THENCE N89'S0'41"W,. ALONG A LINE 30 FEET SOUTH DF AND PARALLEL 'MTH THE NORTH RIGHT OF WAY LINE OF FOURTH AVENUE N (60 FOOT VACATED RIGHT OF WAY PER RESOLUnON N0. 05-108 AS RECORDED IN OFFICIAL RECORDS BOOK 14426, PAGE 14) AND THE EASTERLY EXTENSION THEREOF, 535.38 FEET, TO A POINT ON THE SOUTHERLY EXTENSEON OF THE WEST LINE OF SAID LOT 4; THENCE ALONG SAED SOUTHERLY EXTENSION, N00'DO'04"W, 30.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, ALSO BEING THE SOUTHEAST CORNER OF SAED LOT 3; THENCE ALONG THE SOUTH LINE OF SAID LOT 3, N89'50'41"W, 44.97 FEET TO THE POINT OF BEGINNING. CONTAINING 1.75 ACRES, MORE OR LESS. ORiGIi11Al RECEIVED PETERC. & EILE~EN KRAUSER ~ p~ ~ "~ ~~'~~ MARK MACONI HOMES OF TAMPA BAY, INC. KRAUSER GoNSrRUCnoN, INC. PLANYVING DEPARTMENT ELITE nTLE AGENCY, INC. STEWART 111LE GUARANTY CO CITY (jF CLEF,RWATER. WACHOVIA BANK NA T~~ CT 7 579.84' I~ETLANDS TRACT 2 JURISDICTIONAL WETLAND LINE 535.38' 1 l b~ GYL r~ 1 / / A = ARC LENGTH FIP = FOUND OPEN END IRON PIPE (SIZE) POB = POINT OF BEGINNING ASPH = ASPHALT FlR = FOUND IRON ROD {MARKED OR SIZE) POC = POINT OF COMMENCEMENT C = CHORD LENGTH FN = FOUND NAIL R = RADIUS CAL = CALCULATED FN&0 = FOUND NAIL & DISK (MARKED) R/W = RIGHT OF WAY CB = CHORD BEARING FPP = FOUND PINCHED IRON PIPE (SIZE) SIR = SET 1/2" IRON ROD - LB 6113 (D) = DEED BEARING OR DISTANCE LB = LICENSED BUSINESS SN&D = SET NAIL ANp DISK LB6113 D = DELTA OR CENTRAL ANGLE LS = LAND SURVEYOR T = TANGENT EASMT = EASEMENT N0. = NUMBER UTIL = UTILITY (F) = FELD MEASURED BEARING OR DISTANCE OR = OFFlCIAL RECORDS BOOK {W) = WITNESS CORNER F"X" = FOUND "X" CUT (P) = PLAT BEARING OR DISTANCE FCM = FOUND CONCRETE MONUMENT (MARKED OR SIZE) PC = POINT OF CURVE FDH = FOUND DRILL HOLE PC = PAGE CORNER NOT SET UNDER WATER 1. UNLESS OTHERWSE INDICATED ALL BEARINGS AND DISTANCES SHOWN ON THE MAP OF SURVEY ARE FIELD MEASURED. BEARINGS SHOWN ARE BASED DN THE NORTH LINE OF THE S.E. 1/4 N.W, 1/4, SECTION 32-28-16, ASSUMED A5 S 89'58'38"E. 2. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDInONS OR DELEnONS TO SURVEY MAPS OR REPORTS BY DTHER THAN THE SIGNING PARTY OR RARTIES IS PROHIBITED. 3. NO EXCAVATION WAS PERFORMED TO VERIFY THE LOCAnON OR EXISTENCE DF ANY UNDERGROUND U11LInES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES OR FOUNDATIONS. UNDERGROUND UTILITY LINE LOCAnONS (IF SHOWN HEREON) ARE BASED UPON U11LIlY PROVIDER ATLASES AND VISIBLE SURFACE EVIDENCE. 4. RE-USE OF THIS SURVEY FOR PURPOSES OTHER 1HAN WHICH IT WAS INTENDED, 4NTHDUT WRITTEN VERIFlCAnON, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE TD WHOM CERTIFIED. 5. ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWISE NOTED. ALL PERIMETER BEARINGS AND DISTANCES ARE ALSO FIELD MEASURED UNLESS NOTED. 6. THE JURISDICTONAL WETLAND UNE SHOWN HEREON, WAS TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY POLARIS ASSOCIATES, INC., GATED 03-19-03, PREPARED FOR: LAKE CHAUTAUQUA, INC. NOTED ON THE TOPOGRAPHIC SURVEY "WETLAND JURISDICTONAL FLAGS WERE SET BY ARMSTRONG ENVIRONMENTAL SERVICES". 7. THE SITE APPEARS TO BE IN FLOOD ZDNES A AND X, ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RAPE MAP, COMMUNITY PANEL NUMBER 125139 0088 G, EFFECTIVE DATE SEPTEMBER 3, 2003 (MAP INDEX NUMBER 12103CINDIA, MAP NUMBER 12103000B8G EFFECTIVE DATE SEPTEMBER 3, 2003). POLARIS ASSOCIATES, INC. AND THE SIGNING SURVEYOR HEREON ASSUMES NO UABILITY FOR 1HE ACCURACY OF PHIS OETERMINAnON. 111E AUTHOR OF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAVING JURISDICnON OVER SUCH MATTERS SHOULD $E CONTACTED PRIOR TO ANY JUDGMENTS BEING MADE FROM THIS INFORMATON. THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT "THIS MAP IS FOR INSURANCE PURPOSES ONLY". 8. ANY ZONING INFORMATION SHOWN OR NOTED HEREON IS BASED ON INFORMATON AVAILABLE DURING THE PREPARATION OF THE SURVEY. THIS INFORMATDN SHOULD BE VERIFIED WITH THE GOVERNING AUTHORITY PRIOR TO ANY DETERMINATIONS OR DESIGN. 9. SHOWN ANYWHERE ON THIS SURVEY, THE WORD "CERnFY"IS UNDERSTOOD TO BE AN EXPRESSION OF A PROFESSONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE,INFORMAnON AND BELIEF, AND THAT IT THUS CONSnTUTES NEITHER A GUARANTEE NOR A WARRANTY. 10. UNLESS OTHERWISE INDICATED, THE PROPERTY DESCRIPTION ANO EASEMENTS SHOWN WERE FURNISHED TO POLARIS ASSOCIATES, INC. AND ARE PRESUMED TO BE CORRECT. NO SEARCH OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC., WAS PERFORMED BY THIS FIRM FOR THE COMPLEnON OF THIS SURVEY AND 1HERE MAY BE ADDInONAL RESTRICnONS THAT MAY BE FOUND IN THE PUBLIC RECORDS OF nilS COUNTY. 11. IRIS SURVEY WAS PREPARED WITHOUT THE BENEFlT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICnONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. ~°~~T: LAKE CFlAUTAUQUA -TRACT 2 ~ .: -~~, ~, "~` °` ~A~ BOUNDARY SURVEY ~ P~~R~S AssocrAres +~c~ . P~"~°`°"` SAND DOLLAR DEVELOPMENT C4RP ~ PROFESSIONAL SJRVE;11~ '~-,Le`e~f3 ` 18850 U.5 HIGHWA 19'=a~'SUf~~.5D0, - `~~ oAh: oxea~EOar, scnu oenNr+er: ,aer+a s>•e[r CLEARWATER,,FLObRItDfl.r337&4,~` `:.~ `~.~' 09/19/05 JDW 1"=60' JT 2850-05 i OF 1 {727);52'4-65~pQ~ ~ ~ ~:• 1 v~$ 7~,. I HEREBY CERTIFY THAT 7HE SURVEY REPRESENTED HEREON MEETS THE - ~ a ~` "y •. ;~r I f~ TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL ~ * ~~ ~~4~1-1 `~•1!l #~` LANp SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, - ~'~~ 1 PURSUANT TO SECTION 472.027 FLORIDA STATUTES. SECTION 32, TOWNSHIP 28 S, RANGE 16 E PINELLAS COUNTY, FLORIDA CORNER NOT SET UNDER WATER `° o¢ (~ M 0 30 60 SCALE:1 "-G0' JC~SyN D. ~h'EtGLE, PLS # . . . ti.=~.' x A s~ a- i NW CORNS OF BLOCK 7 W L~) ~: ~~ tp (n ° ~_ LL 90,00' (F&P) I FOURTH AVENUE N !SIR s8s•5a'4~ "~ (60' R/W NOT IMPROVED) 26a.~ 6' S89°59'56"E ~3~.00~ VACRESOLU110N NO4D56108 14 N00'0~'04"W PbB 3 30.00 ~ ~n r- 14 13 12 0 p 11 10 ~ ~ 6.D FLORIDA POWE ~ 0 EA EMENT CY1~J Z ;;f A~) OR 3217, PG 413 P t'~~L=i i~ 0, r ------- _ ~_ _~~~_ .IE ---~---- --T~~~fl o~~~9 ~ Q0• )a 8 N89'S0'S0"W C D C~ o~ G~ ~~ Z O~ .~ O~ ~N t~ ~~ TRACT . >?~ 535.38' (WTNESS) mm .~ {~ TRACE' 3 0 y0 ~ ~r~1 o ~~` ~ 83.52' 1. UNLESS OTHERWISE INDICATED ALL BEARINGS At3D DISTANCES ~HOWN ON THEIMAP OF SURVEY'ARE FIELD MEASURED. BEARINGS SH~WN ARE BASED ON THE NORTH LINE OF THE S.E. 1/4 N.W. 1/4, SECTION 32-28-1fi, ASSUMED ASS 89'58'38"E. 2. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. NO EXCAVATION WAS PERFORMED TO VERIFY THE LOCATION OR EXISTENCE OF ANY UNDERGROUND UTILITIES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES OR FOUNDATIONS. UNDERGROUND UTILITY LINE LOCATIONS (IF SHOWN HEREON) ARE BASED UPON UTILITY PROVIDER ATLASES AND VISIBLE SURFACE EVIDENCE. 4. RE-USE OF THIS SURVEY FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, 'MTHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE TO WHOM CERTIFIED. 5. ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWISE NOTED. ALL PERIMETER BEARINGS AND DISTANCES ARE ALSO FlELO MEASURED UNLESS NOTED. 6. THE JURISDICTIONAL WETLAND LINE SHOWN HEREON, WAS TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY POLARIS ASSOCIATES, INC., DATED D3-19-D3, PREPARED FOR: LAKE CHAUTAUflUA,INC. NOTED ON THE TOPOGRAPHIC SURVEY "WETLAND JURISDICTIONAL FLAGS WERE SET BY ARMSTRONG ENVIRONMENTAL SERY;GES". 7. THE SITE APPEARS TO BE IN FLOOD ZONES A AND X, ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125139 D088 G, EFFECTIVE DATE SEPTEMBER 3, 20D3 (MAP INDEX NUMBER 12103CINDIA, MAP NUMBER 1210300088E EFFECTIVE DATE SEPTEMBER 3, 2003). POLARIS ASSOCIATES, INC. AND TWE SIGNING SURVEYOR HEREON ASSUMES NO LIABILITY FOR THE ACCURACY OF THIS DETERMINATION. THE AUTHOR OF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAVING JURISDICTION OVER SUCH MATTERS SHOULD BE CONTACTED PRIOR TO ANY JUDGMENTS BEING MADE FROM THIS INFORMATION. THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT "TWiS MAP IS FDR INSURANCE PURPOSES ONLY". 8. ANY ZONING INFORMATION SHOWN OR NOTED HEREON IS BASED ON INFORMATION AVAILABLE DURING THE PREPARATION OF THE SURVEY. THIS INFORMAl10N SHOULD BE VERIFIED WITH THE GOVERNING AUTHORITY PRIOR TO ANY DETERMINATIONS OR DESIGN. 9. SWOWN ANYWHERE ON THIS SURVEY, THE WORD °CERTIFY"IS UNDERSTOOD TO BE AN EXPRESSION OF A PROFESSIONAL OPfNION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY. 10. UNLESS OTHERWISE INDICATED, THE PR~ERTY DESCRIPTION AND EASEMENTS SHOWN WERE FURNISHED TO POLARIS ASSOCIATES, INC. AND ARE PRESUMED TO BE CORRECT. NO SEARCW OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC„ WAS PERFORMED BY THIS FIRM FOR THE COMPLETION OF THIS SURVEY AND THERE MAY BE ADDITIONAL RESTRICTIONS THAT MAY 8E FOUND IN THE PUBLIC RECORDS OF THIS COUNTY,. 11. THIS SURVEY WAS PREPARED 'MTH THE BENEFIT OF A COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE, ORDER NUMBER 41279998CA, EFFECTIVE DATE: AUGUST 17, 2005 AT B, DO AM, ISSUED BY JOHNSON, POPE BOKOR, RUPPEL & BURNS, LLP, 911 CHESTNUT STREET, CLEARWATER, FL 33765, A = ASPH = ARC LENGTH ASPHALT FfP = FOUND OPEN END IRON PIPE (SIZE) POB POINT OF BEGINNING C = CHORD LENGTH FIR = FOUND IRON ROD (MARKED OR SIZE) POC POINT OF COMMENCEMENT CAL = CALCULATED FN = FOUND NAIL R = RADIUS CB = CHORD BEARING FN&D = FOUND NAIL k DISK (MARKED) R/W = RIGHT OF WAY (D) = DEED BEARING OR DISTANCE FPP = FOUND PINCHED IRON PIPE (SIZE) SIR = SET 1/2" IRON' ROD - LB 6113 D = DELTA OR CENTRAL ANGLE LB = LICENSED BUSINESS SNkD = SET NAIL AND DISK LB6113 EASMT = EASEMENT LS = N0. = LAND SURVEYOR NUMBER T UTIL = TANGENT UTILITY (F) = ° " FIELD MEASURED BEARING OR DISTANCE OR = OFFIGAL RECORDS BOOK (W) = WITNESS CORNER F X = FOUND °X" CUT (P) = PLAT BEARING OR DISTANCE FCM FOUND CONCRETE MONUMENT (MARKED OR SIZE) PC = POINT OF CURVE FDH = FOUND DRILL HOLE PG = PAGE 5 P~ ~4 ~y ~ ~~ - p" Dc 0 ~,~"~ CORNER NOT SET UNDER WATER ;TiONAL h D LINE CORNER NOT SET _ UNDER WATER ~ ~ ~~ ~ ; ~,P a 3o so SCAL LOTS 8, 9, 10 AND 11, BLOCK 48, UNIT N0. 1, SEC. A CHAUTAUQUA "ON THE LAKE" ACCORDING TD THE MAP OR PLAT THEREOF A5 RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LYING WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AND VACATED RIGHTS OF WAY LYING ADJACENT THERETO, BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER, BLOCK 46, UNIT 1 - SEC. A CHAUTAUQUA "DN THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S89'S9'56"E, ALONG THE NORTH LINE OF SAID BLOCK 46, 135.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE POINT OF BEGINNING; THENCE N00'00'04"W ALONG THE NORTHERLY EXTENSION OF THE WEST UNE OF SAID LOT 11, 3D,00 FEET; THENCE S89'50"41"E, ALONG A LINE 30 FEET NCRTH OF AND PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF FOURTH AVENUE N (6D FOOT VACATED RIGHT OF WAY PER RESOLUTION N0. 05-108 AS RECORDED IN OFFIGAL RECORDS BOOK 14426, PAGE 14) AND THE EASTERLY EXTENSION THEREOF, 535.38 FEET; THENCE LEAVING SAID LINE, SOUTH, 3.23 FEET; THENCE S45'00'00"W, 73.34 FEET; THENCE SOUTH, 77.92 FEET, TO A POINT ON EASTERLY EXTENSION OF THE SOUTH UNE OF SAID LOTS 8, 10 AND 11; THENCE N89'50'S0"W, ALONG SAID EASTERLY EXTENSION AND THE SOUTH LINE THEREOF, 483.52 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11; THENCE N00'00'04"W, ALONG THE WEST LINE OF SAID LOT t1, 103.16 FEET TO THE POENT OF BEGINNING. CONTAINING 1.51 ACRES, MORE OR LESS. ORIGINAL RECENED ~JtrIL11G PETER C, & ELEEN KRAUSER MARK MACONI HOMES OF TAMPA BAY, INC. KRAUSER CONSIRUC110N, INC. ELITE TITLE AGENCY, INC. STEWART 11TLE GUARANTY CO CAPATARA U.S., INC. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP COMMONWEALTH LAND TITLE INSURANCE COMPANY ~`"" LAKE CHAUTAU4UA -TRACT 3 ~ °° ~'B~`' BOUNDARY SURVEY PRBpAB~ `~~ SAND DOLLAR DEVELOPMENT CORP OATS CHECNEO BY: SCALE: ORAYN BY: JOB NO. SHEET 09/19/05 JDW 1"=60' JT 2850-OS 1 OF 1 I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE TECHNICAL STANDARDS SET FORTH 8Y THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 81G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TD SECTION 472.027 FLORIDA STATUTES. SECTION 32, TOWNSHIP 28 5, RANGE 16 E PINELLAS COUNTY, FLORIDA CORNER NOT SET UNDER WATER SOUTH 3, 23' OJP / ~ 1 ~~PJ~PJ - r Hf ~ ~ 1 ~~U~ PLANNING DEPARTiwENT CITY OF CLE~,RWATER PROFESSIONAL ,S rasso u.s.rrrcrawa CLEARWATER, ~LQI (727j 524-f300 ~~ a:` JOHN I~~ASSOClATES fNC. ~Vc. l'l~ti'G ~ ~ . :' Gq 6113 "'?9 ~ S'fuTE ~dCr, ,. ;: . J: Wt1t;LE, PLS., # ~ ~~ .. ~C"~;~. ~_ LOTS 4, 5, 6 and 7, BLOCK 46, UNIT N0. 1, SEC. A CHAUTAUQUA "ON THE LAKE° ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED iN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LUNG WETHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AND VACATED RIGHTS OF WAY LYING ADJACENT THERETO, BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER,. BLOCK 46, UNIT 1 - SEC, A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE 589'59'56"E, ALONG THE NORTH LINE OF SAID BLOCK 46, 135.00 FEET TO THE NORTHWEST CORNER OF LOT 11 OF SAID BLOCK 4fi; THENCE 500'00'04"E, ALONG THE WEST LINE OF SAID LOT 11, 103.16 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING; THENCE 589'50'50°E, ALONG THE NORTH LINE OF SAID LOTS 4, 5 AND 7 AND THE fASTERLY EXTENSION THEREOF, 483.52 FEET; THENCE .SOUTH, 133.16 FEET; THENCE N89'S0'59"W, ALONG A LiNE 30 FEET SOUTH OF AND PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF THIRD AVENUE N {60 FOOT VACATED RIGHT OF WAY PER RESOLUTION N0. 05-108 AS RECORDED IN OFFICIAL RECORDS BOOK 14426, PAGE 14) AND THE EASTERLY EXTENSION THEREOF, 483.52 FEET; THENCE LEAVING SAID SOUTH LINE, N00'00'04"W, ALONG THE WEST LINE OF SAID LOT 4 AND THE SOUTHERLY EXTENSION THEREOF, 133.18 FEET TO THE POWT OF BEGINNING. CONTAINING 1.48 ACRES, MORE OR LESS. S89°59 '56"E 135.00' POC NW C I RNER ~i O OF 8 CK 46 14 i3 92 w W o ~ O o W 0 ~ W ---- ---- -- ---- ~? --- .. ~ \ ~o P B 3 1 ~ ~w ~ ~ 1 o ~ ~ ~ rM 0 _ ~ o~ O Z ii 10 6.0' FLORiun r EASEMENT OR 3217, PG 4 II ~. _ ~ ~ S~G~ v P S `~ O.O~~9P ~~ e • 4 5 THIRD AVENUE N (60' R/W NOT IMPROVED) SIR sr~uu~I,Lly, PETER C & ELEEN KRAUSER MARK MAGONi HOMES OF TAMPA BAY, INC. KRAUSER CONSTRUC110N,INC. ELITE TITLE AGENCY, INC. STEWART 11TLE GUARANTY Cfl WACHONA BANK, NA JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP COMMONWEALTH LAND TITLE INSURANCE COMPANY 3 ~aJP 8 ;~PJ~P S89'S0' ~~ 6 VACATED PER OR 14426, PG 14 RESOLUTION N0. 06-108 X94.83' A = ASPH ARC LENGTH ASPHALT FIP = FOUND OPEN END IRON PIPE (SIZE) C = CHORD LENGTH FlR = FOUND IRON ROD (MARKED OR SIZE) FN = FOUND NAIL CAL = CB CALCULATED FN&D = FOUND NAIL & DISK (MARKED) = (D) = CHORD BEARING DEED BEARING OR DISTANCE FPP = FOUND PINCHED IRON PIPE (SIZE) D = DELTA OR CENTRAL ANGLE LB = LS LICENSED BUSINESS EASMT = EASEMENT = NO. = LAND SURVEYOR NUMBER (F) = " FIELD MEASURED BEARING OR DISTANCE OR = OFFlCIAL RECORDS BOOK F X" = FOUND "X° CUT (P) = PLAT BEARING OR DISTANCE FCM = FOUND CONCRETE MONUMENT {MARKED OR SIZE) PC = POINT OF CURVE FOH = FOUND DRILL HOLE PG = PAGE D ~o 0 ~rn ~~ 0 Zo z ~' ©~ o~ NN 1 ~ ~~ N 0 T E 5: SECTION 32, TOWNSHIP 28 5, RANGE 16 E PINELLAS COUNTY, FLORIDA 1. UNLESS OTHERWSE INDICATEp ALL BEARINGS AND DISTANCES SHOWN ON THE MAP OF SURVEY ARE FIELD MEASURED. BEARINGS SHOWN ARE BASED ON THE NORTH LINE OF THE S.E. 1/4 N.W. 1/4, SECTION 32-28-16, ASSUMED ASS 89'58'38"E. 2. SURVEY MAP AND REPORT DR THE COPIES THEREOF ARE NOT VALID NITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. NO E%CAVATION WAS PERFORMED TO VERIFY THE LOCATION OR E%ISTENCE OF ANY UNDERGROUND UTILITIES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES OR FOUNDATIONS. UNDERGROUND UTILITY LINE LOCATIONS {!F SHOWN HEREON) ARE BASED UPON UTILITY PROVIDER ATLASES AND VISIBLE SURFACE EVDENCE. 4. RE-USE OF THIS SURVEY FOR PURPOSES Q1HER THAN WHICH IT WAS INTENDED, 1MTHOUT WRITTEN VERIFICATION, tMLL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TD THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE TO WHOM CERTIFIED, 5. ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWISE NOTED. ALL PERIMETER BEARINGS AND DISTANCES ARE ALSO FIELD MEASURED UNLESS NOTED. 6. THE d1RISDIG1lONAL WETLAND LINE SHOWN HEREON, WAS TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY POLARIS AS50CIATES,INC., DATED 03-19-03, PREPARED FOR: LAKE CHAUTAUOUA,INC. NOTED ON THE TOPOGRAPHIC SURVEY "WETLAND JURISDICTIONAL FLAGS WERE SET BY ARMSTRONG ENVIRONMENTAL SERNCES". 7. THE SITE APPEARS TO BE IN FLOOD ZONES A AND %, ACCORDING TD THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125139 0088 G, EFFECTIVE GATE SEPTEMBER 3, 2003 {MAP INDEX NUMBER 12103CINDIA, MAP NUMBER 121D3CD088G EFFECTIVE DATE SEPTEMBER 3, 20D3), POLARIS ASSOCIATES, INC. AND THE SIGNING SURVEYOR HEREON ASSUMES NO LIABILITY FOR THE ACCURACY OF THIS DETERMINATION. THE AUTHOR DF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAVING JURISDICTION OVER SUCH MATTERS SHOULD '8E CONTACTED PRIOR TO ANY JUDGMENTS BEING MADE FROM THiS INFORMATION, THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT "THIS MAP IS FOR INSURANCE PURPOSES ONLY". 8. ANY ZONING INFORMATION SHOWN OR NOTED HEREON IS BA5E0 ON INFORMATION AVAILABLE DURING THE PREPARATION OF THE SURVEY. THIS INFORMA110N SHOULD BE VERIFlED WiTH THE GOVERNING AUTHORITY PRIOR TO ANY DETERMINATIONS OR DESIGN. 9. SHOWN ANYWHERE ON THIS SURVEY, THE WORD "CERTIFY"IS UNDERSTOOD TO BE AN EXPRESSION OF A PROFESSIONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY. 10. UNLESS OTHERWISE INDICATED, THE PROPERTY DESCRIPTION AND EASEMENTS SHOWN WERE FURNISHED TO PDIARIS ASSOCIATES, INC. AND ARE PRESUMED TO BE CORRECT. NO SEARCH OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC., WA5 PERFORMED BY THIS FIRM FOR THE COMPLE110N OF THIS SURVEY AND THERE MAY BE ADDITIONAL RESTRICTIONS THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 11. THIS SURVEY WAS PREPARED WITH 1HE BENEFIT OF A COMMONWEALTH LAND 1TLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE, ORDER NUMBER 41279285CA, EFFECTIVE DATE: AUGUST 17, 2005 AT 8:00 AM, ISSUED BY JOHNSON, POPE BOKOR, RUPPEL & BURNS, LLP, 911 CHESTNUT STREET, CLEARWATER, FL. 33765, 12. SUBJECT TO A FLORIDA POWER CORPORATION EASEMENT DR 4744, PG 878, (EASEMENT IS NON-DELINIABLE), ~ 83.52' J~ o 1 CORNER NOT SET \(~ UNDER WATER V P _ 5 ~ J~ oRloliv~u. RE 0 ~ r, P ~ ~ CEIVED -~ ~ ~ ~ TRACT 4 A ~ ' ~p ~ 2 7 2Q06 o ~ ~~ r.. 0 .. ~ ~ / ~ ~ (~ 0 30 RLANNING DEPARTMEN 60 CIT' ' ~ ~ 1 OF ~~EARVJATER ..~ JWETLAND OLNE (O ~~ SCALE: ~ ~~= 60' N89'S0'S9"W 1(WITNE55) 483 52' POB = POINT OF DEGINNING POC = POINT OF COMMENCEMENT R = RADIUS R/W = RIGHT OF WAY SIR = SET 1,/Z" IRON R~ - LB 6133 SN&D = 5ET NAIL AND DISK LB6113 T = TANGENT U11L = UTILITY (W) tM1~1NES5 CORNER CORNER NOT SET UNDER WATER 'BDJE`Y; LAKE CWAUTAUQUA -TRACT 4 ~E °` ~'~~`' BOUNDARY SURVEY P~ABEO FOR: SAND DOLLAR DEVELOPMENT CORP DAZE; CHECKEp BY: °/„p1E: pPA1Ml BY: JOB H0. S4EET 09/19/05 JDW 1"=fi0' JT 2850-05 1 OF 1 f HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. ., ~O~~i~34i~'; .A`?.SLrC1A, TES INC. _ e:~, , PROFESSiaN;4C~~'JRV~"Y'~JG;; ~. `•1w`i~~i?i }3 18850 U.5 kIIGHTV;4Y11,5'a,' 'S~UlY(E-500 = ' CLEARWAI~R, FL'JF~ 33764 fj>, ~'~ (727) 524x-6500~~',' ,~~ .~„; .,, ~. ~ •_ ,r 4, , - ;i0 ~ ~,D, 4u'`IGL!•., ~f?LS S~~` 4g £~'~,r ,. 4»W N~ , THIRD AVENUE N 30 0 2 ' " ' I S89'50 S9 E (60 R/W NOT IMPROVED) N89'52'02"W 294.83' P•A~ X W LB 6113 S89°j2~Q2"E 134,8Z' SIR SIR 20 18~ VACATED PER OR 14426, PG 14 RESOLUTION N0. 05-108 ~ ~ 5~'!Pf Sa'{P} a5'{PY 45'{Pf SQ'(pf 549.32'f,P ! m ~ POC ~ OB D.I a' o0 W a NW CORNER OF BLOCK 45 ~ ~ M ~ O'JP9 ~ j ~ v ~ m z o ~ `~ ~P J z 4 14 a 13 `:. 2 '~ ~ N ~ ~ 1 i ~ `~, " U ~' G~'P ,o3.a~~-- 8 - z ~ o O ~ ~ _ _ _m._ ~ TRACT ~' o r 5~, ~ ~~ w[ ° m 9 8 1 1 w Z ' '~~ X0. ~ ~ ~ ~~ 0°0 ~ ~ 'n Q 341'(P; 5-0`{P) a5'IP SIR 45'(P1 ~+p' cQ ~~ :;tl'(p; ~' ~ 273• V 8 ~ ,txi, tc'Ea) ~ N69'S3'42,r~Y FCIR 1 /2" N89'S3'42"W ~; PLS 2$65 DESCR I PTION ~> ~, ~ 7 LOTS $, 9, 10 AND A PORTION OF LOT 11, BLOCK-45, UNIT N0. 1, SEC. A CHAUTAUQUA °ON THE LAKE" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LY[NG WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AND VACATED RIGHTS OF WAY LYING ADJACENT THERETO, BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER, BLOCK 45, UNIT 1 - SEC. A CHAUTAUQUA "ON THE LAKE" A5 RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S89'52'02"E, ALONG THE NORTH LINE OF SAID BLOCK 45, 134.82 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE, NOO'00'04"W, 30.02 FEET TO A POINT ON A LINE 30 FEET NORTH OF AND PARALLEL TO THIRD AVENUE N, SOUTH RIGHT OF WAY LINE {60 F00T VACATED RIGHT OF WAY PER RESOLUTION N0. 05-10$ AS RECORDED IN OFFlCIAL RECORDS BOOK 14426, PAGE 14); THENCE S$9'50'59"E, ALONG SAIp LINE 30 FEET NORTH OF AND PARALLEL TO THIRD AVENUE N AND THE EASTERLY EXTENSION THEREOF, 483.52 FEET; THENCE SOUTH, 132.88 FEET; THENCE N89'53'42"W, ALONG THE SOUTH LINE OF SAID LOTS 8, 10 AND 11 AND THE EASTERLY EXTENSION THEREOF, 463.43 FEET; THENCE N00'D2'55"E, 103.23 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 11; THENCE N89'S2'02"W, ALONG SAID NORTH LINE OF SAID BLOCK 45 TO THE POINT OF BEGINNING. CONTAINING 1.43 ACRES, MORE OR LESS. PETER C & ELEEN KRAUSER MARK MACONI HOMES pF TAMPA BAY, INC. KRAUSER CONSTRUCTION, INC. ELITE TITLE AGENCY, INC. STEWART 11TLE GUARANTY CO AMSOUTH BANK 483.52_ ~~=f~ SIR I~1 g ~ ~` o ~ TRACT 5 -~ s A I^I'7 O ''I a 51R \ m~ 463.43' JURISDICTIONAL ~ WETLAND LINE O N ~ ~ r- CORNER NOT SET UNDER WATER Q ~ °~ ~J PJ J~ ~P ~~ v`Z' CORNER NDT SET UNDER WATER SECTION 32, TOWNSHIP 28 5, RANGE i6 E PINELLAS COUNTY, FLORIDA 0 30 60 SCAL QRIGINAL RECEIVED APR 2 "~ 2006 PfANNING DEPARTMENT Gi~Y CE ~~EQ~1?~ATFR 1. UNLESS OTHERWISE INDICATED ALL BEARINGS AND DISTANCES SHOWN ON THE MAP OF SURVEY ARE FIELD MEASURED. BEARINGS SHOWN ARE BASED ON THE NORTH UNE OF THE S.E. 1/4 N.W. 1/4, SECTION 32-2B-16, ASSUMED ASS 89'58'38"E. 2. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS i0 SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. NO EXCAVATION WAS PERFORMED TO VERIFY THE LOCATION OR EXISTENCE OF ANY UNDERGROUND UT1LI11ES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES OR FOUNDATIONS, UNDERGROUND UTILITY LINE LOCATIONS (IF SHOWN HEREON) ARE BASED UPON UTILITY PROVIDER ATLASES AND VISIBLE SURFACE EVDENCE. 4. RE-USE OF THIS SURVEY FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERfFiCATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TD GIVE ANY RIGHTS OR BENEFlTS TO ANYONE OTHER THAN THOSE TO WHOM CERTIFIED. 5. ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWISE NOTED. ALL PERIMETER BEARINGS AND DISTANCES ARE ALSO FELD MEASURED UNLESS NOTED, 6. THE JURISDIC110NAL WETLAND LINE SHOWN HEREON, WAS TAKEN FROM A TOPDGRAPHIG SURVEY PREPARED BY POLARIS ASSOCIATES, INC., DATED 03-19-03, PREPARED FOR: LAKE CHAUTAUQUA, INC. NOTED ON THE TOPOGRAPHIC SURVEY "WETLAND JURISDICTIONAL FLAGS WERE SET BY ARMSTRONG ENVIRONMENTAL SERNCES". 7. THE SITE APPEARS TO BE IN FLOOD ZONES A AND X, ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125139 0088 G, EFFECTIVE DATE SEPTEMBER 3, 2003 (MAP INDEX NUMBER 12103CINDIA, MAP NUMBER 1210300088E EFFECTIVE DATE SEPTEMBER 3, 2003). POLARIS ASSOCIATES, INC. AND THE SIGNING SURVEYOR HEREON ASSUMES NO LIABILITY FOR THE ACCURACY OF THIS DETERMINATION. THE AUTHOR pF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAVING JURISDICTION OVER SUCH MATTERS SHOULD BE CONTACTED PRIOR TO ANY JUDGMENTS BONG MADE FROM THIS INFORMATION. THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT "THIS MAP IS FOR INSURANCE PURPOSES ONLY, 8. ANY ZONING INFORMATION SHOWN OR NOTED HEREON IS BASED ON INFORMATION AVAILABLE DURING THE PREPARATION OF THE SURVEY. THIS INFORMATION SHOULD BE VERIFdED WITH THE GOVERNING AUTHORITY PRIOR TO ANY DETERMINATIONS OR DESIGN. 9. SHOWN ANYWiiERE ON THIS SURVEY, THE WORD "CERTIFY" IS UNDERSTOOD TO BE AN EXPRESSION OF A PROFESSIONAL QPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE,INFORMAITON AND BELIEF, AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY 10, UNLESS OTHERWISE INDICATED, THE PROPERTY DESCRIPTION AND EASEMENTS SHOWN WERE FURNISHED TO POLARIS ASSOCIATES, INC. AND ARE PRESUMED TO BE CORRECT. NO SEARCH OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC., WAS PERFORMED BY THIS FlRM FOR THE COMPLETiDN OF THIS SURVEY AND THERE MAY BE ADDITIONAL RESTRICTIONS THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 11. THIS SURVEY WAS PREPARED WITHOUT THE BENEFlT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. • A = ARC LENGTH FIP = FOUND OPEN END IRON PIPE (SIZE) POB POINT OF BEGINNING ~ ~.~evt,,, LAKE CHAUTAUQUA -TRACT 5 " ~ , ASPH = ASPHALT FIR = FOUND IRON ROD (MARKED OR SIZE) POC = POINT OF COMMENCEMENT BOUNDARY SURVEY ' ~L~ A'S~`~q~~TES INC. C = CHORD LENGTH FN = FOUND NAIL R = RADIUS p~pggp Fpp; ~ PROFESSIONAL- ~II,RY/ra`IN i' ~. CAL = CALCULATED FN&D = FOUND NAIL & DISK (MARKED) R/W = RIGHT OF wAY 5AND DOLLAR DEVELOPMENT CORP n• ~ 8'.6T 13X: CB = CHORD BEARING FPP = FOUND PINCHED IRON PIPE (SIZE) SIR = SET 1/2' IRON ROD - LB 6113 oA~; a+[c~rn er: SCAIE oaAx~ eY: ,qg ryo, ~~ 168511 U.S•"HIC~;i~YA ~~' l~$P~fTjE. 500 •• a. (D} = DEED BEAPoNG OR DISTANCE LB = LICENSED BUSINESS SN&D = SET NAIL AND DISK LB6113 CLE'ARWAI~R, FFCdA 33764'ci. • D = DELTA OR CENTRAL ANGLE LS = LAND SURVEYOR T = TANGENT D9/19/05 JDW 1"=60' JT 2850-05 1 OF 1 (727 x529-650d~A" ~ ~ a oy,' EASMT = EASEMENT N0. = NUMBER UTIL = UTILITY (F) = FELD MEASURED BEARING OR DISTANCE OR = OFFlCIAL RECORDS BOOK (w} WITNESS coRNER I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE ~, •- ~ ~ ~ '1~'M F"x" = FouND "x" CUr (P) = PLAT BEARING OR DISTANCE TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL 1 '~ ~ ~'~`" .3 ~ R~~ FCM = FOUND CONCRETE MONUMENT (MARKED OR SIZE) PC = POINT OF CURVE LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINfSTRA11VE CODE, .~~:~ ~±ti~ ~ v FDH = FOUND DR[LL HOLE PG = PAGE ~ ~ _ A, ', r + PURSUANT TO SECTION 472.027 FLORIDA STATUTES. ' , "`,~~ '•JOF1„ D. ~I Lb'PCSr;~ 5 6 '~' P'.y4 >.~ &,Pe9 T A PORTION OF LOT 4 AND LOTS 5, 6 AND 7, BLOCK 45, UNIT NO. 1, SEC. A CHAUTAUQUA "ON THE LAKE" ACCORDING TO THE MAP OR PLAT THEREOF A5 RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF LAND LYING WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 DF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AND VACATED REGHTS OF WAY LYING ADJACENT THERETO, BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER, BLOCK 45, UNIT 1 - SEC. A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S69'S2b2"E, ALONG THE NORTH LINE OF SAID BLOCK 45, 155.00 FEET; THENCE 500'02'55"W, 103.23 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 4, ALSO BEING THE POINT OF BEGINNING; THENCE S89'53'42"E, ALONG THE NORTH LINE OF SAID LOTS 4, 5 AND 7 AND THE EASTERLY EXTENSION THEREOF, 463.43 FEET; THENCE SOUTH, 132.43 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH; THENCE N89'54'48"W, ALONG SAIp EASTERLY EXTENSION, 283.78 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO 1NE LEFT HAVING A RADIUS OF 648.04 FEET, AN ARC LENGTH OF 29.91 FEET, A CHORD OF 29.90 FEET AND A CHORD BEARING OF N08'08'18"E TO THE SOUTHEAST CORNER OF SAID LOT 6; THENCE N89'54'48"W, ALONG THE SOUTH BOUNDARY OF SAID LOTS 6, 5 AND A POR110N OF LOT 4, 183.96 FEET; THENCE N00'02'55"E, 102.97 FEET TO TWE POINT OF BEGINNING. CONTAININ i 1.29 ACRES,) MORE OR LEI S. .~ THIRD AVENUE (60' R/W NOT IMPROVED) FIR LB 6113 W W ~~ ~~ ~~ a '^Vr'} f~.~ n °o D _ S89'S2'02"E 155.00' SC'(P)~~ 60'(P~ ~5'("i NW C( OF BL 14 1 NER ;K 45 ~.~:: 12 U '~ a TRACT 7 5e'rsrl ii 89'S?'42"W N ISIR~,tP; if7 I ~ U'} ,~ N NaI~ T' O~~O o ~~ ~I I _._ I~~~~ ,~F ~~~ w a ~ ~; ~ ~ n v N TRACT 8 '~ z N O PETER C & ELEEN KRAUSER MARK MACONI HOMES DF TAMPA BAY, INC. KRAUSER CONSTRUC110N,INC. ELITE T1TLE AGENCY, INC. STEWART TITLE GUARANTY CO AM50UTH BANK y~~ SECTION 32, TOWNSHIP 28 S, RANGE 16 E PINELLAS COUNTY, FLORIDA 1. UNLESS OTHERWISE INDICATED ALL BEARINGS AND DISTANCES SHOWN ON THE MAP OF SURVEY ARE FIELD MEASURED. BEARNGS SHOWN ARE BASED ON THE NORTH LINE OF THE S.E. 1/4 N.W. 1/4, SECTION 32-28-16, ASSUMED ASS 89'58'38"E. 2. SURVEY MAP ANO REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELE110NS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. NO EXCAVATION WAS PERFORMED TO VERIFY THE LOCATION OR EXISTENCE OF ANY UNDERGROUND UT1UTiES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES DR FOUNDATIONS. UNDERGROUND UTILITY LINE LOCATIONS (IF SOWN HEREON) ARE BASED UPON UTILITY PRONDER ATLASES AND NSIBLE SURFACE EVIDENCE. 4. RE-USE OF THIS SURVEY FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFlCATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE TO WHOM CERTIFIED. 5. ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWSE NOTED. ALL PERIMETER BEARINGS AND DISTANCES ARE ALSO FELD MEASURED UNLESS NOTED. fi, THE JURISDICTONAL WETLAND LINE SHOWN HEREON, WAS TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY POLARIS ASSOCIATES, INC., DATED 03-19-03, PREPARED FOR: LAKE CHAUTAUQUA,fNC. NOTED ON THE TOPOGRAPHIC SURVEY "WETLAND JURISDICTIONAL FLAGS WERE SET BY ARMSTRONG ENVIRONMENTAL SERVICES". 7. THE SITE APPEARS TO BE IN FLOOD ZONES A AND X, ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125139 0088 G, EFFECTIVE GATE SEPTEMBER 3, 2003 (MAP INDEX NUMBER 12103GND1A, MAP NUMBER 1210300088E EFFECTIVE DATE SEPTEMBER 3, 2003). POLARIS ASSOCIATES, INC. ANp THE SIGNING SURVEYOR HEREON ASSUMES NO LIABILITY FOR THE ACCURACY OF THIS DETERMINA110N. THE AUTHOR OF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAVING JURISDICTION OVER SUCH MATTERS SHOULD BE CONTACTED PRIOR TO ANY JUDGMENTS BEING MADE FROM THIS INFORMATION. THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT °THIS MAP IS FOR INSURANCE PURPOSES ONLY°. 8. ANY ZONING INFORMA110N SHOWN OR NOTED HEREON 95 BASED ON WFORMAl10N AVAILABLE DURING THE PREPARAl10N OF THE SURVEY. THIS INFORMAl1QN SHOULD BE VERIFIED WITH THE GOVERNING AUTHORITY PRIOR TO ANY DETERMINATIONS OR DESIGN. 9, SHOWN ANYWHERE ON THIS SURVEY, THE WORD "CERI1FY" IS UNDERSTOOD TO BEAN EXPRESSION OF A PROFESSIONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMAl10N AND BELIEF, AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY. 10. UNLESS OTHERWISE INDICATED, THE PROPERTY DESCRIPTION AND EASEMENTS SHOWN WERE FURNISHED TO POLARIS ASSOCATES, INC. AND ARE PRESUMED TO BE CORRECT. NO SEARCH OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC., WAS PERFORMED BY THIS FIRM FOR THE COMPLETION OF THIS SURVEY AND THERE MAY BE ADDITIONAL RESTRICT10N5 THAT MAY BE FDUNp IN THE PUBLIC RECORDS OF THIS COUNTY. 11. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF 111LE AND MAY BE SUBJECT 70 EASEMENTS, RESTRICTIONS, REGHTS-OF-WAY AND OTHER MATTERS OF RECORD. 4 I~ 4 w il~~ ~~ ~P ~° G~`PJ g P 0 n1 ~e `P~ E01 ' 7"~'= ~ ~E Q0. pg• .s 7 ~, ~• 5 ~ p • i sc'{P7 s~'{P} _ a~{a1 - SIRas'tr) 1895448 N 8n~448 `~ SECOND AVENUE (60' R/W NOT IMPROVED) 3'42"E j 463.43' 2~3,6~ IPLS 2885 ~ v SIR 5 "W 1$3.96' 99."v6'{P) N y ~ ~Q l QQ Lv o ~ I p f ~ Q ~ ~ -- Ti I( ~z oz :f ~~ 3 a0 ~~ ~ ~~ ~ J b a !tl °= ,~ ° FCIR 1/2" ~ U ~ U PLS 2865 ~ ~ 1 5.87' J FIR _.._ av 51R N$9'54~48"W 283.78' y A = ASPH = ARC LENGTH ASPHALT FIP FOUND OPEN END IRON PIPE (SIZE) ' C = CHORD LENGTH FlR = FOUND IRON ROD {MARKED OR SIZE) CAL = CALCULATED FN = FN&D = FOUND Nglt FOUND NAIL & D15K (MARKED) CB = (D} CHORD BEARING DEED BEARING OR DISTANCE FPP = FOUND PINCWED IRON PIPE (SIZE} D = DELTA OR CENTRAL ANGLE LB = L5 LICENSED BUSINESS EASMT = EASEMENT = N0. = LAND SURVEYOR NUMBER (F) = " " FIELD MEASURED BEARING OR DISTANCE OR = OFFlCIAL RECORDS BOOK F X = FOUND °X° CUT (P) = PLAT BEARING OR DISTANCE FCM = FOUND CONCRETE MONUMENT (MARKED OR SIZE) PC = POINT OF CURVE FOH = FOUND DRILL HOLE PG = PAGE POB = POINT OF BEGINNING POG = POINT OF COMMENCEMENT R = RADIUS R/W = RIGHT OF WAY SIR = SET 1/2" IRON ROD - LB 6113 SN&D = SET NAIL AND DISK LB6113 T = TANGENT UTIL = UTILITY (W) = WITNESS CORNER FOR: 09/19/05 TRACT 6 6113 CORNER NOT SET ~ UNDER WATER Q- a Q ~ O N ~~ ~ ~~ M V ~' 0 30 60 JURISDICTIONAL 11~ WETLAND LINE `c ~ SCALE:1 "=~0' CORNER NOT SE7 UNDER WATER THE EASTERLY EXTENTION OF THE CENTERLINE OF RIGHT-OF-WAY FOR SECOND AVENUE NORTH LAKE CHAUTAUQUA -TRACT 6 BOUNDARY SURVEY SAND DOLLAR DEVELOPMENT CORP RED BY: SCALE; ORANN BY: JOB N0. y1lEET JDW 1 "=60' JT 2850-OS 1 OF 1 I HEREBY CERTIFY THAT THE SURVf:Y REPRESENTED HEREON MEETS THE TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. CURVE 1 ARC=29.91' RADIUS=fi48.04' DELTA=02'38'39" CHORD BEARING=NOB'0$'18"E CHORD LENGTH=29.90' ORIGINAL RECEIVED ~P~ 2 7 2006 PLANNING DEPARTMENT . > •,:~r~CIT~ QF~CLE„RVJATER ,.::, n. ,, •~: ~0~ ~~0~1;~2`ES~IN,C. PROFESSlO L S~!~,11!" IL1G`n, ~•. LB-~~1'~,., 18850 U'S HI~NV~A;Y' 19 S'U~ 500 ,~: . CLEARWA7ER, FIEQRI A 3,3~76,~..`~,. (727) 524-6500 <~ <y a• n ^~ -'.:, ; r ~ ~: ~ ~ .,, fu5 . Lr ;~.' ~~ ~yr> -'t'II,OF(' •::D..: WEI6EE~,.BL~S #: 46 .. .;.tip=:P.'` i a~, ,,y" ~~~w~. .,. ,. _.y. ."* r.. f ~ ~ DESCRIPTION LOTS 14, 13 AND 12, AND A PORTION OF LOT 11, BLOCK 45, UNIT N0. 1, SEC. A CHAUTAUQUA "ON THE LAKE" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS; BEGIN AT THE NORTHWEST CORNER, BLOCK 45, UNIT 1 - SEC. A CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9, PAGE 52 OF TFIE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 14; THENCE ALONG THE NORTH LINE OF SAID BLOCK 45, 155.00 FEET; THENCE LEAVING SAID NORTH LINE, SDO'02'55°W, 103,23 FEET TO THE SOUTH LINE OF SAID LOT 11; THENCE ALONG THE SOUTH LINE OF SAID LOTS 11, 12, 13 AND 14, N89'53'42°W, 155.08 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE ALONG THE WEST LINE OF SAID LOT 14, N00'05'41"E, 103.30 FEET TO THE POINT OF BEGINNING. CONTAINING 0.37 ACRES, MORE OR LESS, SECTION 32, TOWNSHIP 28 S, RANGE 16 E PINELLAS COUNTY, FLORIDA 1. UNLESS OTHERWISE INDICATED ALL BEARINGS AND DISTANCES SHOWN ON THE MAP OF SURVEY ARE FIELD MEASURED. BEARINGS SHOWN ARE BASED ON THE NORTH LINE OF THE S.E. 1/4 N.W. 1/4, SECTION 32-28-16, ASSUMED ASS 89'58'38"E. 2. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID ITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TD SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. NO EXCAVATION WAS PERFORMED TO VERIFY THE LOCATION OR EXISTENCE OF ANY UNDERGROUND UTILITIES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES OR FOUNDA110N5. UNDERGROUNp UTILITY LINE LOCATIONS (IF SHOWN HEREON) ARE BASED UPON UTILITY PROVIDER ATLASES AND VISIBLE SURFACE EVIDENCE. 4. RE-USE QF THIS SURVEY FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, 1MTHOUT WRITTEN VERIFICATION, HALL BE AT THE RE-USERS SOLE RISK AND WITHOUT IJABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE TO WHOM CERTIFIED. 5. ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWISE NOTED. ALL PERIMETER BEARINGS AND DISTANCES ARE ALSO FIELD MEASURED UNLESS NOTED. 6. THE JURISDICTIONAL WETLAND LINE SHOWN HEREON, WAS TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY POLARIS ASSOCATES, INC., DATED 03-19-03, PREPARED FOR: LAKE CHAUTAUOUA,INC. NOTED ON THE TOPOGRAPHIC SURVEY "WETLAND JURISDICTIONAL FLAGS WERE SET BY ARMSTRONG ENVIRONMENTAL 5ER41CE5". FIR LB 6113 W w r ~- ¢ LLJ ~ W a ~~Z ~~ ~_ THIRD AVENUE N (60' R/W NOT IMPROVED) 589'52'02"E 155.00' 5~'1~1 50'fa) as`€~1 R 45'i?} 5C`{a) POB NW CO NER ~ '~ 9 Q OF BLO ~ CK 45 ~~} ~ j ~ 14 ~ ?3 • " ~_ ~ 0 o T?, a ~ - 11 ~' ! O ~; 1U o v ° b I~ TRACT ~ •- ~a P ~ 1; F I b ~PJ 3 '" a P FIR 5a'!a) so'{Pj +5`rvt IR a5'(P} ~;,Tp1 E ~ N89` 3'42"W 55.08' ~'~,~ Q~, ,~ ~a. o aCY 9 ' v ~ , Q0 o f 1 ~. 2 ~ v $ h 5 TRACT 8 5 A = ASPH ARC LENGTH ASPHALT FlP = FOUNp OPEN ENO IRON PIPE (SIZE) C = CHORD LENGTH FIR = FOUND IRON ROD (MARKED OR SIZE) CAL = C8 CALCULATED FN = FNdcD = FOUND NAIL FOUND NAIL & DISK (MARKED) = (D) = CHORD BEARING DEED BEARING OR DISTANCE FPP = FOUND PINCHED IRON PIPE SIZE) ( D = DELTA OR CENTRAL ANGLE i8 = UCENSED BUSINESS EASMT = EASEMENT LS = LAND SURVEYOR (F) = " " FELD MEASURED BEARING OR DISTANCE N0. = OR = NUMBER OFFlCIAL RECORDS BOOK F X = FOUND "X" CUT (P) = PLAT BEARING OR DISTANCE FCM = FOUND CONCRETE MONUMENT (MARKED OR SIZE) PC = POINT OF CURVE FDH = FOUNp DRILL HOLE PG = PAGE 0 30 60 SCALE:1 "=50' POB = PgNT OF BEGINNING POC = POINT OF COMMENCEMENT R .- RADIUS R/W = RIGHT OF WAY SIR = SET if2" IRON Rp4 - LB 6113 SN&D = SET NAIL AND DISK L86113 T TANGENT UT1L = U1ILITY (W) = WITNESS CORNER 7. THE SITE APPEARS TO BE IN FLOOD ZONES A AND X, ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125139 0088 G, EFFECTIVE DATE SEPTEMBER 3, 2003 (MAP INDEX NUMBER 12103CINDIA, MAP NUMBER 1210300088E EFFECTIVE PATE SEPTEMBER 3, 2003}. POLARIS ASSOCIATES, INC. AND THE SIGNING SURVEYOR HEREON ASSUMES ND LIABILITY FOR THE ACCURACY OF THIS DETERMINATION. THE AUTHOR OF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAVING JURISDICTION OVER SUCH MATTERS SHOULD BE CONTACTED PRIOR TO ANY JUDGMENTS BEING MADE FROM THIS INFORMAl10N. THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT "THIS MAP 35 FOR INSURANCE PURPOSES ONLY". 8. ANY ZONING INFORMATION SHOWN OR NOTED HEREON IS BASED ON INFORMATION AVAILABLE DURING THE PREPARATION OF THE SURVEY. THIS INFORMATION SHOULD BE VERIfIEO WITH THE GOVERNING AUTHORITY PRIOR TO ANY DEIERMINATI0N5 OR DESIGN. 9. SHOWN ANYWHERE ON THIS SURVEY, THE WORD "CERTIFY" IS UNDERSTOOD TD BE AN EXPRESSION OF A PROFESSIONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMAl10N AND BELIEF, AND THAT IT THUS CONSIINTES NEITHER A GUARANTEE NOR A WARRANTY. 10. UNLESS OTHERWSE INDICATED, THE PROPERTY DESCRIP110N AND EASEMENTS SHOWN WERE FURNISHED TO POLARIS ASSOCIATES, INC. ANp ARE PRESUMED TO BE CORRECT. NO SEARCH OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC., WAS PERFORMED BY THIS FlRM FOR THE COMPLETION OF THIS SURVEY AND THERE MAY BE ADDITIONAL RESTRICTIONS THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 11. THIS SURVEY WA5 PREPARED WITHOUT THE BENEFlT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRIC110N5, RIGHT'S-OF-WAY AND OTHER MATTERS OF RECORD. ORIGINAL RECEIVED APR 2 7 2006 RLANNING DERARTMENT CITY OF ClEAR1P~ATER ,} ~ ~w_`typ4 PETER C & ELEEN KRAUSER MARK MACONI HOMES OF TAMPA BAY, INC. KRAUSER CONSTRUC110N,INC. ELITE 11TLE AGENCY, INC. STEWART 11TLE GUARANTY CO FOR LAKE CHAUTAUQUA -TRACT 7 as/1s/as BOUNDARY SURVEY SAND DOLLAR DEVELOPMENT CORP XEO BY: SCALE: ORA'AH BY: JDB N0. SHEET JDW 1"=60' JT 2850-05 1 OF 1 i HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN GRAFTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. 8850 U:=S AIG G~4Y 19 3S'1l~TE 5001 T`; `C~ARWATER; ~ORIDA ~3J~,4 ~'~; 'z27) X24-6,500u~, r,7_ ,~ ` ~,~ 9 ~ r~1 '. ~~ ' ` F ~ ~~ .~. tit ~~ ~ ~S -,~ r I D E S C R I P T 1 O N LOTS 1, 2 AND 3, AND A PORTION OF LOT 4, BLOCK 45, UNIT N0. 1, SEC. A CHAUTAUOUA °ON THE LAKE" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER OF SAID BLOCK 45; THENCE S00'05'41"W, ALONG THE WEST LINE OF SAID BLOCK 45, 103.30 FEET TO THE POINT 4F BEGINNING, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 1; THENCE S89'53'42°E, ALONG THE NORTH BOUNDARY OF LOTS 1, 2, 3 AND 4, 155.08 FEET; THENCE LEAVING SAID NORTH LINE S00'02'55"W, 102.97 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 4; THENCE ALONG THE SOUTH LINE OF SAID LOTS 4, 3, 2 AND 1, N89'S4'48"W, 155.17 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE ALONG THE WEST LINE OF SAID LOT 1, N00'D5'41"E, 103.02 FEET Tp THE POINT OF BEGINNING. CONTAINING 0.37 ACRES, MORE OR LESS. SECTION 32, TOWNSHIP 28 S, RANGE 16 E PINELLAS COUNTY, FLORIDA 1. UNLESS OTHERWISE INDICATED ALL BEARINGS AND DISTANCES SHOWN ON THE MAP OF SURVEY ARE FELD MEASURED. BEARINGS SHOWN ARE BASED ON THE NORTH LINE OF THE S.E. 1/4 N.W. 1/4, SECTION 32-28-16, ASSUMED A5 S 89'58'38"E. 2. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE ~GNATURE AND THE ORIGINAL RAISEp SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. ADDI110N5 OR DELETIONS TO SURVEY MAP$ OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES 1S PROHIBITED. 3. NO EXCAVATION WAS PERFORMED TO VERIFY THE LOCATION OR EXISTENCE OF ANY UNDERGROUND UTILITIES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES OR FOUNDATIONS. UNDERGROUND UTILITY LINE LOCATIONS (IF SHOWN HEREON) ARE BASED UPON UTILITY PR01~pER ATLASES AND VISIBLE SURFACE ENDENCE. 4. RE-USE OF THIS SURVEY FOR PURPOSES OTHER THAN WHICH IT WA5 INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE TO WHOM CERTIFIED. 5, ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWISE NOTED. ALL PERIMETER BEARINGS AND DISTANCES ARE AL50 FIELD MEASURED UNLESS NOTED. 6. THE JURISDICTIONAL WETLAND LINE SHOWN HEREON, WAS TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY POLARIS ASSOCATES, INC., DATED 03-19-03, PREPARED FOR: LAKE CHAUTAUQUA,INC. NOTED ON THE TOPOGRAPHIC SURVEY "WETLAND JURISDICTIONAL FLAGS WERE SET BY ARMSTRONG ENVIRONMENTAL SERVICES". THIRD AVENUE N (60' R/W NOT IMPROVED) FIR LB 691: W 3 L~l C W c ~~ U ~~ ~w r irn v °o Z FIR 5/8" I 56'{A) SQ',P; +5'IP) 4~=(P} 6~~(P) POC NW CO RNER OF BL CK 45 o w~r~ 14 ~ 13 a 12~ a `1 v 10 ~I QVP o ~ ~ ~ ° ° r°a o i,~ P OA P ' ' " ~~ S~G ~~ S ~ 9 53 42 , tiP y~ FlR Sa(aT sa'(~) aural a5';F ~ °'~) G• I ~ ~~.as~ IR ~ ~ ~,,D~ .9, ~ ~ ~ ~ ~ Q. POB ~ ~ ~ N ~ a ~ ~ ti j~ 1 wQ ~ ' 2 p ~, 3 a CV , 0 °- ~ 4 :; 5 S Nj N ~ ° E TRACT 8 0 0 ~ f (n N $9'S4'48 W ' e° i'i`i 53'yFl d5'(PJ IR s 45'{P) 9~4 4 E 163 5C' P 155.»• SECOND AVENUE N {60' R/W NOT IMPROVED) A = ARC LENGTH FlP = FOUND OPEN END IRON PIPE {SIZE} ASPH = ASPHALT FlR = FOUND IRON ROD (MARKED OR SIZE) C = CHORD LENGTH FN = FOUND NAIL CAL = CALCULATED FN&D = FOUND NAIL & DISK (MARKED) CB = {D) = CHORD BEARING GEED BEARING OR FPP = FOUND PINCHED IRON PIPE {SIZE) DISTANCE LB = LICENSED BUSINESS D = DELTA OR CENTRAL ANGLE LS = LAND SURVEYOR EASMT = EASEMENT N0. = NUMBER {F) = FlEID MEASURED BEARING OR DISTANCE OR = OFFlCIAL RECORDS BOOK F"k" = FOUND °k° CUT (P) = PLAT BEARING OR DISTANCE FCM = FOUND CONCRETE MONUMENT (MARKED OR SIZE} PC = POINT OF CURVE FDH = FOUND DRILL HOLE PG = PAGE 0 30 60 SCALE:1 "-60' POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R = RADIUS R/W' = RIGHT OF WAY SIR = SET i/2° IRON ROD - LB 6123 SN&D = SET NAIL AND DISK LB6113 T = TANGENT unL = unurY (W) = WITNESS CORNER 7. THE SITE APPEARS TO BE IN FLOOD ZONES A AND X, ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125139 0066 G, EFFECTIVE DATE SEPTEMBER 3, 2003 (MAP INDEX NUMBER 12103CINDIA, MAP NUMBER 12103C0088G EFFECTIVE DATE SEPTEMBER 3, 2003). POLARIS ASSOCIATES, INC. ANO THE SIGNING SURVEYOR HEREON. ASSUMES NO LIABILITY FOR THE ACCURACY OF THIS DETERMINATION. THE AUTHOR OF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAVING JURISDICnON OVER SUCH MATTERS SHOULD BE CONTACTED PRIOR TO ANY JUDGMENTS BEING MADE FROM TH15 INFORMATON. THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT "THIS MAP IS FOR INSURANCE PURPOSES ONLY". 8. ANY ZONING INFORMATION SHOWN OR NOTED HEREON IS BASED ON INFORMATION AVAILABLE DURING THE PREPAAAiION OF THE SURVEY. THIS INFORMATION SHOULD BE VERIFIED HITH THE GOVERNING AUTHORITY PRIOR TO ANY DETERMINATIONS OR DESIGN: 9. SHOWN ANYWHERE ON THIS SURVEY, THE WORD "CERTIFY" IS UNDERSTOOD TO BE AN EXPRESSION OF A PROFESSIONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY. 10. UNLESS OTHERWISE INDICATED, THE PROPERTY DESCRIPTION AND EASEMENTS SHOWN WERE FURNISHED TO POLARIS AS5001ATES, INC. AND ARE PRESUMED TO BE CORRECT. NO SEARCH OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC., WAS PERFORMED BY THIS FlRM FOR THE COMPLETION OF THIS SURVEY AND THERE MAY BE ADDITIONAL RESTRICTIONS THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 11. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRIC110NS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. ORIGINAL RECEIVED APR 2 7 2Q06 ~ PLANNING DEPARTMENT PETER C & ELEEN KRAUSER CITY OF CLEARUVATER MARK MACONI HOMES OF TAMPA BAY, INC. KRAUSER CONSTRUCTION, INC. ELITE TITLE AGENCY, INC. , STEWART TITLE GUARANTY CO ~. .. ~ ~,ae12~±f3l~ ~~ °na~cr. LAKE CHAUTAUQUA -TRACT 8 TYP ' PO ~ ~ ~-.~ ~ '-• " "p A~ S~4 + E CF SURVEY: BOUNDARY SURVEY ,1~L " l FyS INC. ~ ~ • ~ k >'~`~° `~: SAND DOLLAR DEVELOPMENT CORP PROF~s Ion~A~~,~1.~IJf~~iNr~~,•.. ~~ s? 13:x' 18850 !~5 HI~FUSWAY 19 SGb~• 500° ~AtE kiECKED en scuE: ' mtA~ eY: ,ae xa sxEEr CLE;4RI~ITER; F`L'C2RI A ~~Zfi~, , ` ' " 09/19/05 JDW 1°=60 JT 2850-05 1 OF 1 (727) X24-6500b~' ~ : ~ ° w ~,~ I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE ~~~~,~• ~ { 4~ } • ~, TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL '~ ~~°° ~ v° °~" ' 'r, LAND SURVEYORS IN OHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, ~ , ~~ ~ ~ i~''y' ;'ro ~ ~ ' e " its PURSUANT TO SECTION 472.027 FLORIDA STATUTES. t r : s 'a 'JO ~f:~1~IGLE~ PL'S,~~ 46 ~ ' < ~, '^~ , ;• .,~„