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10-03 RESOLUTION NO.1 0-03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND NICKEL PLATE PROPERTIES, INC. AND LAKESIDE ENTERPRISES, L.L.C.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C., a copy of which is attached as Exhibit "A," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 18th day of March ,2010. ,--~y~ Frank V. Hibbard Mayor Approved as to form: Attest: Resolution No. 10-03 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is dated 2010, effective as provided in Section 5 of this Agreement, and entered into among NICKEL PLATE PROPERTIES, INC., a Florida corporation, and LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company, their successors and assigns (collectively, "Developer"), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; WHEREAS, the Developer owns approximately 30.07 acres of real property located at 2165 Gulf-to-Bay Boulevard ("Property") in the corporate limits of the City, which is comprised of two parcels hereinafter referred to as "Parcel I" and "Parcel 2" as more particularly described on Exhibit A attached hereto and incorporated herein; WHEREAS, the Developer desires to develop Parcel 1 with up to 90,000 square feet of retail and restaurant development, generally conforming to the conceptual plan shown on Exhibit B attached hereto and incorporated herein ("Parcell Plan"); WHEREAS, the Developer desires to develop Parcel 2 with up to 243 multi- family residential units, generally conforming to the conceptual plan shown on Exhibit C attached hereto and incorporated herein ("Parcel 2 Plan"); WHEREAS, the Developer has requested rezoning from Mobile Home Park (MHP) to Commercial (C) and a land use plan amendment from Residential Low Medium (RLM) to Residential/Office/Retail (R/O/R) for Parcell; WHEREAS, the Developer has requested rezoning from Mobile Home Park (MHP) to Medium Density Residential (MDR) and a land use plan amendment from Residential Low Medium (RLM) to Residential Medium for Parcel 2; WHEREAS, t~e City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Code; WHEREAS, the City has conducted public hearings as required by Sections 4-206 and 4-606 of the Code; WHEREAS, at a duly called and advertised public meeting on , 2010, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board ("CDB") approved the Parcell Plan as FLD2009-12046 on February 16,2010 and the Parcel 2 Plan as FLD2009-12045 on February 16, 2010, both conditioned upon the approval and execution of this Agreement; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this A1!reement. The Property is subject to this Agreement. 3.1 The Property currently has a land use designation of Residential Low Medium (RLM) and is zoned Mobile Home Park (MHP). 3.2 Developer has requested a rezoning to Commercial (C) and a land use plan amendment to Residential/Office/Retail (R/O/R) on Parcel 1. 2 3.3 Developer has requested a rezoning to Medium Density Residential (MDR) and a land use plan amendment to Residential Medium (RM) on Parcel 2. 3.4. The Property is owned by Developer as is evidenced by the deeds attached as Exhibit D. 3.5 The Property is generally located at 2165 Oulf-to-Bay Boulevard, Clearwater, Florida. SECTION 4. Scope of Proi ect 4.1 The Project shall consist of no more than 90,000 square feet of retail and restaurant development on Parcel 1 as generally depicted on the Parcel 1 Plan and no more than 243 multi-family residential units on Parcel 2 as generally depicted on the Parcel 2 Plan. 4.2 The Project shall include 495 parking spaces on Parcel 1 and 486 parking spaces on Parcel 2, as shown on the concept plans in Exhibits B and C attached and approved pursuant to FLD 2009-12046 (as to Parcell) and FLD 2009-12045 (as to Parcel 2). 4.3 The proposed floor area ratio on Parcel 1 shall not exceed 0.178 and the proposed density on Parcel 2 is 13.181 units per acre. The proposed height of the Parcel 1 buildings, as defined in the Code, is a maximum of 36 feet. The proposed height of the Parcel 2 buildings, as defined in the Code, is a maximum of 41 feet. 4.4 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Ae:reement. 5.1 This Agreement shall not be effective until 5.1.1 this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Code Section 4-606.0.2; 5.1.2 final approval and effectiveness of a land use designation of Residential/Office/Retail (RJO/R) and a zoning of Commercial (C) on Parcell; and 5.1.3 final approval and effectiveness of a land use designation of Residential Medium (RM) and a zoning of Medium Density Residential (MDR) on Parcel 2. 3 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. In the event that the contingencies described in Section 5.1.2 and Section 5.1.3 above are not satisfied within twelve (12) months from the date hereof, the City and Developer agree to execute and deliver a termination of this Agreement, recordable form, which shall be recorded in the Public Records of Pin ell as County, Florida at the expense of the Developer. 5.3 This Agreement shall continue in effect until terminated,as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Parcell Plan approved by the CDB as case number FLD2009-l2046, including any conditions, and the Parcel 2 Plan approved by the CDB as case number FLD2009-12045, including any conditions. Any minor revisions or changes to the Parcel 1 Plan and/or the Parcel 2 Plan shall be approved by the Planning and Development Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning and Development Director as either inconsistent or constituting a substantial deviation from the approved Parcell Plan and/or Parcel 2 Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pin ell as County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy in accordance with the approved development orders for FLD2009-l2046 (Parcell), FLD2009-l2045 (Parcel 2) and Code Section 4-407. Nothing herein shall restrict Developer from seeking an 4 extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall be responsible for the following transportation obligations (collectively, "Transportation Obligations"): (i) Dedication of approximately 0.09 acre of right-of-way for an eastbound right turn only lane on S.R. 60, as depicted on Exhibit "E" attached hereto and incorporated herein ("Transportation Exhibit"); (ii) Construction of an eastbound right turn only lane on S.R. 60, as depicted on the Transportation Exhibit, without relocation or replacement of the traffic signal span wire system at the intersection; (iii) Construction of the Parcel I project driveway located on S.R. 60 across from South Main Avenue with right turn in, right turn out, and left turn in only movements as depicted on the Transportation Exhibit; (iv) Installation of a directional median separator on S.R. 60 between South Main A venue and the Parcel 1 project driveway such as to prohibit left turns exiting Parcel 1 and left turns exiting South Main A venue, as depicted on the Transportation Exhibit; (v) Construction of left turn modifications to the median of S.R. 60 located between South Main A venue and Belcher Road as depicted on the Transportation Exhibit; (vi) Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and the Parcel 1 project entrance as depicted on the Transportation Exhibit; (vii) Installation of a new mast arm traffic signal on Belcher Road at the Parcel 1 project entrance with pedestrian signals at all four legs of the intersection as depicted on the Transportation Exhibit; (viii) Granting of an easement, in favor of the City, for the purpose of installation and maintenance of signal control equipment to be located at the southwest comer of the intersection of Belcher Road and the project drivelPublix entrance, as depicted on the Transportation Exhibit; and (ix) Construction of three Parcel 2 project entrance driveways on Druid Road as depicted on the Parcel 2 Plan. 6.1.3.4 The Developer shall execute and record, prior to receipt of building permits, an easement for the benefit of Parcel 2 for vehicular and pedestrian ingress and egress over and across the appropriate areas of Parcel 1 to connect the northerly entrance/exit gate of Parcel 2 to the Belcher Road traffic light via the driveways on Parcell. . 5 6.1.3.5 In the event that the Florida Legislature, Pinellas County and/or the City enact a Mobility Fee requirement which supplements or supersedes the current Pinellas County countywide Traffic Impact Fee Ordinance, and the effective date of fee payment under said requirement occurs prior to issuance of Certificate of Occupancy, Developer shall pay the assessed amount under that Mobility Fee provision instead of, or in addition to, in accordance with that provision, the amount due under the current Ordinance. 6.2 Oblie:ations of the City. 6.2.1 Concurrent with the approval of this Agreement, the City shall promptly process amendments to the land use plan and zoning designations for the Property as set forth in Sections 5.1.2 and 5.1.3 of this Agreement. 6.2.2 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan, the Parcel 1 Plan, the Parcel 2 Plan and that meet the requirements of the Code. 6.2.3 The final effectiveness of the re-designations referenced in Section 6.2.1 is subj ect to: 6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.3.2 The expiration of any appeal periods or, if an appeal IS filed, the conclusion of such appeal. 6.2.4 The City acknowledges that both Parcel 1 and Parcel 2 constitute independent building sites as shown on the approved Parcel 1 Plan and Parcel 2 Plan, respectively, subject to the access easement over Parcell as described in Section 6.1.3.5, which comply with the provisions of the Code. Accordingly, Developer may transfer ownership of either Parcel 1 in its entirety or Parcel 2 in its entirety without the consent of the City as further described in Section 14 of this Agreement. 6.2.5 In the event Developer shall subdivide any portion of Parcell, such as to create outparcels for the retail buildings, such subdivision shall be subject to the requirements of Article 4, Division 7 of the Code; however, City agrees that Developer shall not be required to amend its approved Parcel I Plan in order to obtain relief from landscaping or parking requirements as to the created outparcels. 6.2.6 The City will assign to Developer (i) transportation impact fee credits for the Transportation Obligations set forth in Section 6.1.3.3 of this Agreement, in an amount equal to the cost of the right-of-way dedication and/or improvements constructed as appropriate; and (ii) transportation impact fee credits based on the previous use of Parcell and Parcel 2 as a 295-unit mobile home park, as to Transportation Impact Fee ordinances in effect at the time the fee is to be paid. 6 6.2.7 In the event a Mobility Fee requirement is enacted as described in Section 6.1.3.5 of this Agreement, the City will assign to Developer any credits against the Mobility Fee which may be available based on the previous use of Parcell and Parcel 2 as a 295-unit mobile home park. 6.2.8 The City agrees that all land depicted on Exhibit E of this Agreement as proposed right-of-way in connection with the development of Parcel 1 and/or Parcel 2, shall be included in the total land area for purposes of calculation of floor area ratio and/or density, as appropriate. 6.2.9 Parcel 1 shall be considered as one parcel for the purposes of signage. The overall Parcel 1 site shall be subject to a Comprehensive Sign Program to be submitted prior to issuance of a Certificate of Occupancy on Parcell. SECTION 7. Public Facilities to Service Develooment. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees, subject to the credits described in Section 6.2.6 of this Agreement. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 7 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, (in addition to the termination provisions of Section 5.2 hereof), at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified 8 mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Nickel Plate Properties, Inc. Attention: Andrew B. Ingersoll 1414 West Swann, Suite 150 Tampa, FL 33606 Lakeside Enterprises, L.L.C. Attention: Andrew B. Ingersoll 1414 West Swann, Suite 150 Tampa, FL 33606 With copy to: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esquire 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to Parcell, in its entirety, or Parcel 2, in its entirety, without the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. and Developer shall be released from such obligations that have been assumed by the by the Assignee. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their successors and assigns, except as may otherwise be specifically provided herein. 9 SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Aereement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire A2reement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invaliditv. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any 10 party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governinl! Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed In counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: ~t.~ By rintedName: ::JA-yne. €. :Sear3 ~~{! #~ Pr'nted N e: --.Ll)/fAey C- /f(J.LEY ~: ~Ta~~r.s p;;1:?/:t: ~~~i-ItHE:Y By: 11 Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By: William B. Home II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor It- The foregoing instrument was acknowledged before me this I "day of l'YI eLT,t:.it 2010, by Andrew B. Ingersoll, as President of NICKEL PLAJE PROPERTIES, INC., a Florida corporation, on behalf of the corporation. He is ~personally known to me or _ has produced as identification. ~{,.~ Print Name: ..,';t.~'f""" JAYNE E. SEARS if .~.. Commission # DO 907040 ~. .:"J Expires September 2, 2013 '.~.." ;D D~...........t~Falnln_nee80Q.38S-7019 "'I,R ",.. DIJI~III1U .." 12 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 10/1- day of J'Y1 ~ 2010, by Andrew B. Ingersoll, as Manager of LAKESIDE ENTERPJ3l'SES, L.L.C., a Florida limited liability company, on behalf of the company. He is ~ersonally known to me or _ has produced as identification. STATE OF FLORIDA COUNTY OF PINELLAS ~ The foregoing instrument was acknowledged before me this _day of , 2010, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Legal Description Parcel 1 Plan Parcel 2 Plan Deeds Transportation Obligations 045497.116337 #508546 v5 - Nickel PlatelDevelopment Agt Notary Public Print Name: 13 EXHIBIT "A" Page 1 of 4 J:\329\Doto\Dwgs\LS\329-^LL COMMERCIAL_LS4.dwg - Jon 08. 2010 @ 10:00om - J:>eckmon THIS IS JiQI A SURVEY tJ:HERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT ""AY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. SEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: PARCEL 1 A paroel 01 land being 0 portion 01 the Northeast 1/4 of the Southeasf 1/401 Section 13. Townehlp 29 South, Range 15 East, Plnellos County, Florida. being more particularly described os tallows: COMVIENCE at the Northeast oorner at the Northeast 1/4 01 the Southeast 1/4 at Sect Ion 13, Township 29 South, Range 16 Eaet, Plnellas County, Florida: thence Sooo09'OB"E, along the Eaet line of said Northeast 1/4 of fhe Southeae! 1/4 ot Section 13 (being the basis at bearings for this legal descrIption), tor 667.81 teet to the poInt of Interseotlon with on Easterly extenelon at the Welt Right-of-Way line of BELCHER ROAD, according to 01flclol Reoords Book 4564, Page 155 01 the Publlo Reoords of Plnellas County, Florida: thenoe leaving sold East line 01 the Northeast 1/4 of the Southeast 1/401 Section 13, N8SoI7'51"W, along sold Easterly exlenslon ot the Weet Rlght-01-Way line of BELCHER ROAD, and sold West Right-at-Way line of BELCHER ROAD, respectivelY, tor 50.01 feet to the POINT OF BEGINNING; thenoe the fol lowing two courses along sold West Right-Of-Way line at BELCHER ROAD: (I) thence Nooo09'06"W, along 0 line 60.00 feet Weef ot and parallel with sold East line of the Northeast 1/4 01 the Southeast 1/4 of Seot Ion 13, tor 577.05 feet: (2) thence leaving eold line 50.00 feet West of and porollel wIth the East line at the Northeast 1/4 of the Sciutheost 1/4 Df Section 13. N4603S'29"W, for 62.35 feet to the point 01 Inferseotlon with the South Rlght-ot-Way line at STATE ROAD 60. according 10 Florida Deportment of Transportation Right-of-Way Mop 15040-2501, doted February 23, 1960: thence leaving sold West Right-at-Way line of BELCHER ROAD. N6g022'20'W, along sold South Rlght-ot-Way of STATE ROAD 60, eome being 0 line 50.00 feet South of and parallel with the Narth line of sold Northeast 1/4 of the Southeast 1/4 of Sect Ion 13. tor 770.94 feet fa the point ot Interseotlon with the East line of that oertaln property os desorlbed In Deed Book 1016, Poge 329 of the Publlo Records of'Plnellos County, Florida: thenoe leaving sold Soufh Right-at-Way line of STATE ROAD 60, SOOo40'5S"W, along sold East line of that oertaln property os described In Deed Book 1016. Page 32S, for 616.65 teet to the Southeast corner at sold oertoln property as desorlbed In Deed Book 1016, Page 329: fhenoe S8soI6'02"E, tor 310.62 feet to the point of Intersection with 0 non-tongenl curve, aonoove Northerly: thence Easterly along the arc ot sold ourve, from 0 radial bearing 01 S3ZeI5'51'W, having a radius of 65.60 feet, 0 oentrol angle ot 63007'45". on arc length ot 72.17 teet. and 0 chord bearIng S6SoIS'02"E for 66.57 feet to the point of Intersecilon with 0 non-tongenf line: thence 5690I8'02"E, tor 447.45 feet to the POINT OF BEGINNING. Containing 506.692 squ'ore feet or 11.637 aores. more or lese. Error at closure: 0.004 feet (JEB) NOTE, THE GEOMETRY PERTANNG TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS BOlEL Y BASED UPON A BOUNDARY AND TOPOGRAPHIC SURVE" PREPARED BY FLORIDA DESIGN CONSULTANTS, INC. TITLED "LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, DATED ~/3112009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. PREPARED FOR: LAKESIDE AT CLEARWATER SHEET DESCRIPTION: NORTH COMMERCIAL PARCEL SCALE: NONE DA'IE: DRAI'oN: CAlCEO: JEB TOI'oNSHIP: 295 CHECKED: JEB gBJ3 RANGE: 15E SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIPTION (JEB) REVISION 2-01/a/10-REVlSED PARCEL GEOMETRY (JEB) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 10/7/09 JEB 329 SECllON: /3 JOB No.: 2009-07 EPN: FLORIDA DESIGN CONSUL rANTS, INC. ENGINEERS, ENVIRONMENTALISTS j 11 )) SURV;~~R~o~e;;,~:NERS __ ~__ .'. r ~ New Pori Richey, Florldo 34655 DAVID WILLIAM McDARIrr=~~ IT (727) 949-7689 PROFESSIONAL SURVEYOR AND MAPPER Il Certificate of Authorization: LB 6707 LICENSE NUMBER LS 5840 State of Florida STATE OF FLORIDA @ Copl'"lght 20D9 florida Design Consultants. Inc. Drowlngs and concepts moy not be used or reproduced without written permission. Sheet I of 2 EXHIBIT "A" Page 2 of 4 J: \329\Oalo\Owgs\LS\329JLL COMMERClAL_LS4.dwg - Jon 08, 2010 0 10: DOom - peckman THIS IS .N.OI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. IS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WIlHOUT THE BENEFIT f A TITLE POUCY. EARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION N 100 200 ] LtDl:.. AC . ACRES BNG . BEARING COR . CORNER DB . DEED BOOK FOOT. flORIDA DEPAATUENT Of TRANSPORTA noN RIGHT-(f'-WAY IIJJ' FT . FCET t.l0l. . t.lORE: OR lESS ORB . omaAl RECORDS BOO< PB . PLAT BOO< PG . PAGE POB . POINT or BEGlNNNG POC . POINT or COUt.lENCEUENT RAD . \lAO/AI. R/W . RIGHT-OF-WAY SEe . SECTION SE COR SO . SQUARE DB 1016, PO 3211 POC NE COR OF 1HE NE 1/4 OF - - - ~lHE SE 1/4 Of I I SEe ,.....,.-,,, 50.00' .... ,- :fl 5' ... ,,-t in~c8"'1H C!~~ 1Il~tii' I:::~ 0:: 15~! II'l ~ 15 :';~ u .... i'3~ W~ ~ ;=~~. 1~15~ . li: ~I 5 !i ~~ ~Iw 15~~ ~ie. ~15'" ~~ ~~ ~~f ~ z ~~~i :~ ~.... _ _ _ J 50.00' STATE ROAD 60 N UHE !IE_1~" OF SE 1/4 OF S~C _1~29S-15E FOOT 15040-2501 770.94' N48'38'29"W 62.35' W R/W.BELCHER ROAD (ORB 4564, PO 155) in f.l~ Fl !'lCC I') lfCD fl w ur ~ (; ~;= 0' m ~~ L) ::J1I'l we ~ 8 en N 1/2 OF THE NE 1/04 OF THE SE 1/4 OF SEe 13-2I1S-15E SUB.ECT PROPERTY: 506,892 SQ H, OR 11.637 AC, MOL RADIUS-65.50' LENGTH-72.17' CHORD-68.S7' CHORD BEARING-S89.1S'02"E DELTA-63'07'45" RADIAL BEARING-S32'1S'51"W SS9'18'02"E 310.62' S89'18'02"E 447.45' S 1/2 OF THE NE 1/4 OF THE Sf: 1/4 OF SEe 13-29S-15E W R/W BELCHER ROAD (ORB 4564. PO 155) SE COR OF' mE NE 1/4 OF THE SE 1/4 OF SEe 13-29S-15E NOTE, THE GEOMETRY PERT A/NlNG TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DESIGN CONSULTANTS, INC. TITLED "LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, DATED 313112009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY, . PREPARED FOR: SHEET DESCRIPllON: SCALE: '''=200' DAlE: DRAWN: 10/7/09 JEB JOB No.: EPH: '2009-07 SECTION: 13 329 LAKESIDE AT CLEARWATER NORTH COMMERCIAL PARCEL CALCED: JEB ro'M-ISHIP: 298 CHECKED: JEB@Kb RANGE: 15E SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIPTION (JEB) REVISION 2-01/a/10-REVlSED PARCEL GEOMETRY (JEB) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FLORIDA DESIGN CONSULTANTS, INC, ENGINEERS, ENVIRONMENTALISTS SURVEYORS B PLANNERS .~ 3030 Starkey Blvd. -~ New Part Richey, Florida 34655 DA VIO WILLIAM McDANIEL (727) 849-7588 PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorization: LB 6707 LICENSE NUMBER LS 5840 state of Florida STATE OF FLORIDA @Cop>1'lght 2009 florIda Design Consultonlo. Inc. Drawings and concepts may not be used or reproduced without written permission. Sheet_ EXHIBTI' "A" Page 3 of 4 J: \329\Data\DlI'gs\LS\329-RES1DENl1ALLS1.dwg - Jon 08, 2010 C 10:37am - jbeckmon THIS IS blOI A SURVEY HERE I...lA Y BE ADDIllONAL RESTRICTIONS AFFECTING lHlS PROPER1Y THAT MAYBE FOUND IN lHE PUBLIC RECORDS OF n"IIS COUNTY. !!:!IS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT vf A TIllE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: A parcel ot land being 0 portion of the Northeasf 1/4 of the Southeast 1/4 of Section 13, Township 29 South, Range 15 East, Plnellas County, Florida. being more particularly desorlbed as tallows: CClI'vMENCE at the Northeast corner at the Northeast 1/4 at the Southeast 1/4 at Secllon 13, Township 29 South, Range 15 East. Plnellas County, Florida; thence Sooo09'08"E, along lhe East line of sold Northeast 1/4 at the Southeast 1/4 of Section 13 (being the basis at bearings for this legal deacrlptlon), for 1,335.85 feet 10 the Southeosl corner at sold Narlheost 1/4 at the Southeast 1/4 at Sect Ion 13; thence leaving sold East line of Ihe Northeast 1/4 of lhe Soulheost 1/4 of Section 13. N890I2'46"W. along lhe South line of sold Northeaet 1/4 of the Southeast 1/4 of Seotlon 13, for 1.336.89 feel to the Southwest corner of sold Norfheost 1/4 of the Southeosl 1/4 of Section 13; thence N00023'47"W, along the West line at sold Northeast 1/4 at the Southeast 1/4 of Seotlan 13. tor 50.01 feet to the POINT OF BEGINNING: thence continue N00023'47"W. along sold West line of the Norlheasl 1/4 of the Southeast 1/4 of Section 13, same being Ihe East line of EAST DRUID PARK, as recorded In Plot Book 61, Page 67 of the Public Records of Plnellos County. Florida. far 616.10 feet to the Northwest corner of the South 1/2 at sold Northeast 1/4 of the Southeast 1/4 of Sect Ion 13, some being lhe Southwesl carner of BAMBOO SUBDIVISION, as recorded In Plat Book 26, Page 75 of Ihe Public Records of Plnellas County, Florida; thence leaving sold Weet line of the Norlheast 1/4 of the Southeast 1/4 of Section 13, S890I7'33'E, along the North line of sold South 1/2 of the Northeast 1/4 at the Southeast 1/4 of Section 13. same being the South /Ine of sold BAMBOO SUBDIVISION, and the South line of that certain property as described In Deed Book 1016, Page 329 of the Public Records at Plnellos County, Florida. respectively, for 463.05 teet to the Sautheost corner of eald certoln property as described In Deed Book 1016. Page 329: thence leaving sold North line of the South 1/2 at the Northeast 1/4 of the southeast 1/4 of Section 13, S69018'02"E, for 310.6Z feet to the point of Intersection with a non-tangent curve, concave Northerly; thence Easterly along fhe arc of sold curve, from a rodlal bearing of S32015'51"W, having a radius at 65.50 teel. a central angle of 63007'45", an arc length at 72.17 feel. and 0 chord bearing S890IB'02'E for 68.57 teef to the polnf at Inlersectlon with a non-longenf line: thence S890I8'02"E, far 447.45 feet to the point of Intersection with fhe Wesl Right-of-Way lIne of BELCHER ROAD, according to Official Records Book 4564, Page 155 at the PUblic Records of Plnellos County. Florida: thence S890I7'61'E, along sold Wesf Rlghf-of-Woy line of BELCHER ROAD. for 14.00 teet; thence SOOo09'Oa"E. continuing along sold West Rlghl-of-Woy line ot BELCHER ROAD, some being a line 36.00 feet Wesl at and parallel wllh said East line of the Northeast 1/4 of Ihe Southeast 1/4 at Section 13. tor 617.98 feet to fhe pol n t 0 fin Ie r se c t Ion wll h I he No r t h Rig h t- a f -Wa y II n e 0 f DRU I D ROAD. ace 0 r din g 10 sol d 0 f fie I 0 I Recorda Book 4564, Page 155 at the Public Records of Plnellos County. FlorIda; thence leaving sold West Right-of-Way line of BELCHER ROAD, NB90IZ'46"W. along sold North Rlghl-of-Way line of DRUID ROAD, same being a line 50.00 feet Norlh of and parallel wlfh said South line ot Ihe Northeast 1/4 of fhe Southeast 1/4 of Secl Ion 13, for 1,301.10 feet fa the POINT OF BEGINNING. PARCEL 2 ContainIng 803.028 square feel or 16.435 acres, more or less. Error of closure: 0.008 feet (JEB) NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DESIGN CONSULTANTS, INC. TITLED "LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, DATED 3/3112009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. PREPARED fOR: LAKESIDE AT CLEARWATER SOUTH RESIDENTIAL PARCEL SHEET DESCRPT1ON: SCAlE: NONE DATE: !>RAVIN: CALCED: JEB TOVttISHlP: 295 CHECKED: JEB Q-f.~ RANGE: 15E SEE SHEET 1 FOR lEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 1-11/9!09-CHANGE SHEET DESCRIPllON (JEB) REVISION 2-01!B/10-REVlSED PARCEL GEOMETRY (JEB) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 10/6/09 JEB JOB No.: 2009-07 EPH: 329 SECT1ON: 13 FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, ENVIRONMENTALISTS 11 ,\ SURVEYORS 8 PLANNERS .IJ 3030 Slorksy Blvd. New Pori Richey. florldo 34655 DA VID WilLIAM McDANIEL (727) 649-7566 PROFESSIONAL SURVEYOR AND MAPPER Certificate of Authorization: L8 6707 LICENSE NUMBER lS 5840 State of Florida 5T A TE OF FLORIDA @Cop}Tlght 2009 r10rlda DesIgn Consultonls, Ino. Drawings and concepts may not be used or reproduced without wrltlen permission. Sheet I of2 I " ~ j (( iI- EXHIBIT "A II Page 4 of 4 J: \329\Data\Owgs\LS\329--RESIDENTlAL_LS1.dwg - Jon 08, 2010 @ 10: 330m - jbeckmon THIS IS liO.I A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFEC'TING 'THIS PROPERlY 'THAT MAY BE FOUND IN 'THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED Wi'THOUT THE BENEfiT OF A TiTlE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIP'TION N t/l I') ~- ~3 S LINE BAMBOO SUBDIVISION (PB 28, PG 75) II ~~ .....1'1 S LINE DB 1016, PO 329 LEGfHIli. AC . ACRES COR . CORNER DB . DEED BOOK n .. fEET UOL . UORE OR LESS ORB .. OFFICIAL RECORDS BOO< PB D PlAT BOOK PG . PAGE P08 .. POINT (J' BEGINNING pac . POINT (J' ca.lUENC[l.CENT R/W . R1GllT-Of-WA Y stc .. SECllON SO .. SOOARE poc NE COR OF lHE NE 1/4 or THE SE 1/4 OF SEe 13-29S-15E BAMBOO SUBDIVISlot4 PB 28, PB j'5 :~ ,- lH ~3 ..~ ~ (Do NW COR OF S 1/2 OF THE ~l ~II.~ .. . . NE 1/4 OF lHE SE 1/4 Of ,- ulDU) SEe 13-2es-.l!lE: :.: 9 !'fl' !)lie Ui SW COR BAMBOO SUBDIVISION . en (PB 28, PO 75) 0_ 15..... Q~ ;.~ ~~ ~~: () en. . H ..II. ~~ _J ~~~ ~o1-- co ,ot ~ 'ot ...... . ~3 :w~ Zz ~:z ;= S89.1 B'02"E .310.62 SB9'7'51"E 100 200 14.00' J) II ~'II S891B'02"E 447.45' W R/W sacHER ROAD (ORB 4564, PO 155) I :g WD:: W .. ffi ~~ ~ ~ ~ ~:i~~fXl U)~ '"Ill""" ~ :~~ ..... ID l-t~ ~ "i J-ali wllol~ ~~ ~~..... 01 . P g-t o '" ~~ ~!Ji a: IW ~ 15 Iw. 36.00' =J r- 50,00' ~ r--- SECOR OF lHE WE 1/4 or lltE SE 1/4 OF SEC lJ-29S-15E L01' ;' LOT 14 SE COR DB 101B, PO 329 SUBJECT PROPER1Y: 803,028 SQ FT. OR 18.435 AC, MOl :3 1/2 Of lHE NE 1/4 or THE SE 1/4 Of SEe i3-29S-1sr RADIUS-55,50' LENGlH-72.17' CHORD-68.57' CHORD BEARING-S891B'02"E DELTA-63'07'45" RADIAL BEARING-S32.15'51"W POB N89'12' 46"W 1301.10' N R/W DRUID ROAD (ORB 4564. PO 155) -.s_lIliE NE 1/4 or SE lL4_0~SEC lJ-29S-15E N8912'46"W - r - DRUID ROAD 1336.89 SW COR Of" lrlE Nt: 1/4 or lHE SE 1/4 or SEe 13-29S-15E NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DESIGN CONSULTANTS, INC. TITLED "LAKEBIDE AT CLEARWATER", JOB NUMBER 2009-0007. DATED 3/31/2009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. PREPARED fOR: LAKESIDE AT CLEARWATER SHEET DESCRIPTION: SOUTH RESIDENTIAL PARCEL 2009-07 329 SECTION: 13 CALCED: JEB 'iOYIlIISHlP: 295 CHECK~""A> JE B 'def..J) RANGE: 15E SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIPll0N (JEB) REVISION 2-01/8/10-REVlSED PARCEL GEOMETRY (JES) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, SCAlE: 1"::200' DATE: ORA""': 10/6/09 JEB .JOB No.: EPN: @Cop)'I"lght 2009 florida Design Consultants. Inc. OrowlnQs and concepts moy not be used or reproduced without written perm lesion. Sheet_ FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, ENVIRONMENT ALIS TS SURVEYORS 8 PLANNERS 3030 Slorkey Blvd. New Port Richey] Florida 34656 (727) 8'19-7608 Certificate of Authorization: L8 6707 stote of Florida ~..~~ DAVID WILLIAM McDANIEL PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 5840 STATE OF FLORIDA ,rr EXHIBIT B Parcel 1 Plan ~I I~ ~II r,~~ ,I;: 111 , 6~ i ~ i d!; ~!!: i';~ "i:~ .. Jr! I:; It il~ ,. n ~ I j o ... ::l ~ ~ t: ; ~ ~!.. i>"'''' is'P !!! ~ ... '" ... Ii o I> ~ ~ I> '" ,.. ... t:> f! ... I> G> ,.. '" . - I i I I I i . II i~ Is: ----..... -..-..- e . IS? j ii { . r I I r I r J r I . I 41, Ii ....- '~ /f/f I? ! Q D ;111;1 IluululIl ~I I I ~ ii ~ IIIU 11111 .H ! I II Ii III I 1; I ti ,: II l I : I II 1 " 11 ~ S{" C~ i . .. '-'0 ..... ..... "' t~. Ok i I H l Ii I I , I ; I Ii I ~i tit ill (c I ., 00 fll! ~t "l~ ",I .m ~i~lu~H r.11 "I ~ilf:" lt~ I s .i.1 · ~ fl . I ...q .... '. l~~! e <-.'. "r ~~ ."\ jj II' dl I .~..... 1lEL..... llOAD ;1 -......,..- II~!i~~I!~!~m;ilmilliIII ji f : rihf~liiFlltf\rIJf:m~,ui;; !i I I U.Urlrl If ~'r',J ..~11 p. ~ ~ 1!!i!!!i!;;t!;::!I~lri:! ,i o ~ ..s:rhll'r~r~lbJI.l;:II[lfl f ~ I ,,~:il Ini!~;:nS l~fl' l' . r ~ i ~~!;~l!J!:!J!15Inrl~hi=rr ii ~ j !~h:I!~[~i!lf'~ir~lI!~I~1 h u!i~Ji~r~!m:!~'i}lllll~ !~ !!~F'!~~r;llill'i!Jhrtlh [F( ~'~'iPr!l!d! /w g'iFrS rlI "1- hs I f..~,I!' t'~, .. F 1" ~ ~il'tsr'!irnil'Frs! 'IJ!I"~ · 11iju~,H}.!r~~[!!'fli'}. 'I t~f!iFt!~~'ll~!IP~ij (II f~ ...m~lll~f,[~il!f~~~~;: I I I I ~ '- s...... A't'[NU[. > I I 'I C I Ir ~___z EXHIBIT C Parcel 2 Plan lil Jil III IW n3l 0 3i O~ III' CJ I~ ~ ill d ~! 'PI ~ I~ I ... ,! /-.~, I_._)'! ... ilr.il ... ~ 15 n~ "1 i ~ E~ ElJ~" lffil8l1 -r 1 IITj8f~ I I'L e l~AT -1-=.-=......... · I .Ii ",1 ~ I, ~ (...., _d """ -- f':1 /';<1 -- t' rj . . I I Iii " I I_+_+~ CJ'iI ,e, r'fl en. e e n@tQ e _~ - · qi P. e ( ~ ~ -,.,-h r=:; :i ! I · . U IJ I ; i~ / : I~" }r ~ (- Jf -i p~. I lK ~ J;~ : I .. ! I · i.. ! I , li!~~.. "",r p- S i ;'1 @ ~ n....... : @~rc; EI _lNO[ 1'111 I I I !!. r ~ .. I--f II' l 1111 1111 ! Fi f> ~; _ ~L[]D q V/ ~V \ !I ii IIIlIrllII I I ,,- 61 r\'" Ii c: Iii ; I ~~ ~.IT r [] w"'- 1J-l ..........; IT r- e I EI -.,x -=--=..~ Ii . . . '\Jr" ~ -? "V" .... ... .. ~. .... .... I 1111 k; ;: d "." ~ ~; ~ · ~~ i _j~; r{..,e [] i~ [] & J ,Ii l@ bL ~o ~TI. ~ 1-,1 ii~ I e ~Jl j J- ltJ. J f-L I ' h;.. '..... : LI D, "" , JP1 ~: i EI == :...... :=~.~ ...-, U -' :.() ~ --il : I'....,. n ~. .' ( .~! J ( 'f~^ ~ )1 M...; e i :J J~ I ~~; . (, "( (tlir I 1 e ~ U · JI '.1 ::J L 1 e ",1 ' r:) ~ i= I ; Ii ~ e p~ EI lJI;8lJ e rL, f n e :.- == I: I' ItJII'I:I~;Jml~;H~~~~I~il'JI !i i ~ I ~l r I ~--'" ( -zrl' I ! 111.1.' 'l,f&.lrJ (' ,( f c-& 8 . OM U III e A ~mJ ~ ::Jlll..,.- 1: I ~M~fitlili'f' "I' .1 F~I <:1:; ~I ~ j e@Fl 11 ~ - Ell = 1 l'rJalird~III'j:lrUI:~~~J=il'! I ." _ J.? It rF ~ 'I in::rI1l! L, r-<>o18 rJ ~ .~ -_ [ IBll~.1 d~fIr 1~IIIIPllrl h . .... f- Wr iI~~ I LLJ ,,_ I · JII~8Il"ijEllflnf&&1 ~~~IL~[II! ,--' e "1'_ ,~, 7 ,----' '\ I r! J e ~- · J~ ~~rfi!Brl'~lfh ull'l<:ff&F ~& " llr- I ~ r---- ~ /' ,lil . rrfh.rF1 II (ll~l;;rl~fl' II 1/ -~ !i~ 1,,'1\ (--I -,~ - 0 \ I! :l!:ii li!!liil:~!:f:li!I:;i;l! il! 11~!I&:&!i~~';hili!h~ I; L.' '~K~ ; I! \ \ :;! ! I" ia rUe Idl!JI,hn'I(lr~}["<:f F F "'- e e ~ \ \ 6l! \ ',,1 1/ I ~ x i&I~;lnl~~~ltIUI~il:L~V1i~~~!I'~ , " . .. f Jilfl'f!&. H' I r'IlII'I~f{['i r. ~.I '\, I"j \ \ I '.., " i r ~UII~~ nl'~&l ~1l(rlIP;;lrf I e; ~ :! I "'" ',__ ~ \1: 11'&fliJIr!~;lf,~;,Jwlrl!i';: " ~'~r j@A"l 6 "'____, '\ ~ \ II ~ri~u~;~JI~PI:i!~~llirI~I; I , ) I : " \ I. rrfhr, lfll l&F( 'r.&g ILlll.;1 II J\r~ap~ ...._-_/ \ l \ I 'I" LiH,l\a&~I~rJld,,~ixli[~ll J =1'; // \ : I I J II "."fI /' ',pi! , I: I~ EI I c:;? . fIOI DO I I. '\ :;l : I 1 UJ ~ I' ::1~~'" 'l : I I' I I \ '---- J!);, ~ ~ . I ..Im'~. "_ .--.----~---- ---' / ".. ! r I i I i II , Ii . i:i~ ~- --~ ------ ~ i : III ! I!I i iI \{ ./ L~ - --. _ our - - - - - - g - ~~ I .' I I il Tm~_~~_'H-'~ ~~ z II 1:1 i i i Ii . . 'I Ii I ii ~ I .a' {,Ii H .)t u.... "HI. 1 All . - Co III ,a. H!!......... p'l\ I r- ~ t'1 I I:> ~ i C) r- '" eI> ~ n '" ... 'ii Ul 6 ~ ... ~"I> ...ii:-I z ~n C) r- ei> ... I> ::; :D t'1 E C) I> ... I> ... ... :D I> ... I> '" r- ... I ; I I I ~ I . ,I 'I EXHIBIT D Evidence of Ownership (deeds) Parcel No. 13/29/15/00000/410/0100 Owner: Deed: Merger: Nickel Plate Properties, Inc. O.R. Book 4791, Page 1232, Public Records of Pinellas County, Florida, dated 12/1/78 to Lakeside Corp., a Florida corporation Lakeside Corp. merged into Nickel Plate Properties, Inc., on 5/25/04 Parcel Nos. 13/29/15/00000/410/0200 and 13/29/15/00000/410/0300 Owner: Deed: Lakeside Enterprises, LLC O.R. Book 13686, Page 610, Public Records of Pinellas County, Florida, dated 7/1/04 to Lakeside Enterprises, LLC "~"" ~. ,. : l\ . , 78203526 ~attanty -1B~~il " .f" , C. O.it !J 7 91 P~( 123 1 THrs rNDl:NTURJC. Made t!H5 1st day of Dl:ccmbcr 1') 70, by and between INEZ E. VAN WALUGHAN, Cormerly Inez E. Hinners, widow and . survlvlnq spouse of Robert J. Hinners, deceased of the Cou~ty of . HILLSBOIlOUClI. .' State of Florida part y of Ule f.irst p~rt, AND LAKESIDE CCoJRP., a Florida Corporation whose post .0Ulce address is~ '.0. &." ~7J, JA(\(sO".V,I1~, :or.",1I '''''$/ of the County :of Plnellas , in the State o~ Florida .Part y of the_ secOnd part," I. j i , l i i I I I WITNESSETH. That the said part y of the first. part, for and in consideration of the SUlll of Ten and 00/100--:--------- collars. and other valuable con.iderations, ~awful money of the United States of Amer,lca, to her . in ~aA4 pald by the' sdd put y ~f the second par~. ~ rece1pt whereof is he~eby acknowledged. has ~_ . granted. .barqaln:&:d,' .o~d - and - conyeyed . ~o t.lie aaid pa~ y of the ;.J:\.. second part. Its successors ~and a..19ft5 forever,. all of the ..0 followin9.described land 1n~County. .Florida. to-wUa y ~ ----:~lRef1as-. . ~ tt\ The Northeast quarter (m: r/4) of the N~eal!lt quarter (NE 1/4) of thli! Squth- ~ east quarter (SE 1/4) and the South _&-half (S 112> of the Northeast. quarter _ ,~ (NE 1/4). Of the.Southeast quarte':SE 1/4l of Section 1.3, ToWn.hlp 29 South. " . ~ Ra4Q. IS East~ SU81ECt'HoWtvER to the r1ght"of~way of the pUbUc thorough- · ," fare kDowD as Gl,I1f-~Bay Boulevard oVer lb.. North fifty (50) fe~ of aalel North- . ~\\:I- . eas, quarter (HE 1/4) ol.NortheilSt quaner OfE 1/4) of Southeast quarter .(SE 114) aDd the South afty (50) feet of said NQCtheast quarter (NE 1141 of said Sclutbeast quarter CSE 1/4) fOr rlg!\\..-o(-way 0' pruld Road (Co~y R~d Noy 28). end that panel s.ld Nc.th~ast qliar;ter (NE 1/4) of SQUdi..st quarter CSE 1/4) des~ Iii O.R. Book 4S6t. PAv.s 15t, 155 and 1S6. for dgh~-oC-way of . ~... Belclier Road (cOunty Road'No. 210, eUlying ....d belng lAPlnellas County. ""\ FJ.odda~ . I!Jl . ~.~oned pr~'es ~. ~ot the ~estead of the grantoc:. ""~'.J~:.t. resSdes at .;It" ". c. J~ B., ;r~ ~ ~. . . . . ;r.,.>>~ .~1 TO IlAVE AHJ) 'l'O flOLD. .~e above described prelliaes, with the '- .PflurteDa~. unto the .a1d pare y of the sei:ond part. Ita aucc... Q ~ aDd a.a19na.: ill fee .a_Je forever. a... --I" -. ~ _. ADd. tiae ..1~ part: Y of the first: pa~t do es ~reby . coveraaa ... wi~ the .ald. ~t y of the second par. daat ..id desc:d.be4 ';',3' pl:opert)' ia fr:ee'i-rom all l..len...ana encuaibraDC.. except taxea an4/ i ~ 01' aa.e.~nta ~or.the )'eal' U !t.. ~nd subsequent years aDd e..e- }' ...rats and i:e.~l~t1On. 01 reeoi'6; $.f any. ,- '. J' Ancl the ..ld paft y of die first part do g' hereb)- fully "arrant t:be t.1~l. to .aUS land, aNI will defend the ..... against . ..he ".vfol cl.1.. of .11 per.on. w~o.veC'. .~. .. .' ~ , . I . . , , I I' . : f i I r .:; Sl,ried, aealed and_ ;teUvere4 In the pre..ence oft. >~~_. .A_ _ . __ ~~t!'Ytt!!l C~~..... .. .. (SEA:') ~.1 'f:..J {J ~~~.,..~ J~dr.v: J'~~.dJ" -i.' . ~. n DI - 43,.. .:.#'0 -41~ ...42:~. - _ . Ill! -' i f<<~ 1-' *J .GO '" J~J ;'':'-rJ ~ ...._.41 ... , . . - (SPI,l Ute za I 13 f.rI'it -(SEAL) ;J;:-1l' ~ \ I I '" STATt 0..' "LORIO1\.. CO'UNTlt' OF HILLSBOROUGH o.~. ~ 7 91 F:6E 123 3 I HEREBY CERTIFY, That on this aay, before me, an officer dUly authorized in the State aforesaid and in the County afore~aid to ' take Ackno~led9menta, personally appeared INEZ E. VAN WAWGHAN, formerlY.: Inez E. !jinners. wIdow and . surviving sPOUS~ of Robert']. inners, deCeased to'me known ~o be ~e person 8) desct~be in and who executed the fOl:e901n9 instrWllent. an4 s e ' . acknowledged before' llIe' that she exec::uted the sallie as her free act and deed for the uses and purposes therein stated. WITNESS my hand and official aforesaid this 1st . ~y of seal in' the County and S'tate lalil; December A.D. 1978. ........: ~, , ~=. -~~ '~#!O' p., ~,;,2~LV . . . NOTARY P IlLIC, STATE OF FRIDA AT . LARGE My Commission Expires: 6-2-81' '. =-. . . . t. ; , .STATE OF COUHT'r OF .' I HEREBY CtR'rIFY. Tliat on this dart before 1IIe. an officer dUlY autherlzed 1A the State a~oresaid and n the County aforesaid to take acknowledgmeots, personally appeared -. '. to lie Jtnotln to be the person(s) described ill and who. executed '~e' fore1oinq Instrument~ and acknowledged befote me that exeC1:t.ed the same as, _ free act and deed for. tbe ".a'SlItS al\d ,purposes ~ere.t~ stated. . WITNESS lIlY b~d and official seal in ~he COWl,ty and State last aforesaid thi,s day of A.D. 19 . . . ..~ . .t 1 r . ~YPUaLIC, STA'r~ Of' ' H) ~s.lon'ExPlre.s . (Place raised ~~flclal a.al,bere) At LARGE -,.1\. . '.. f.~:""'i-llM~FL1"ll=tir.rA. I r; .. ~jl1~'~-;' i:;.M, _!~31 !-: :: . ."l tuiUf ~ ' I .~" '.. i 11:1:'1' ~8 0 C. (,,0 f . ...... r . I. 0 .._A- _~_.... . _ ta.\.. .\"\~;S"t~~ G~tlE\~f, ~~'3&O1 ," .mT -T~CF-r.:"-'R~itiAI f ~ v' ...- U fl'- (If"~'~~-:.~"'"f"l J IIt1l'tAP~1 f' !!:: - Of i'it1.'IC.'lt}.,..... ,I I '.,~ ;j;:;:: "EHUm"-;,' 90'0. 00 I : . :....,. =.. ~'!L... ' " , ' ! I: ... ST.a;r~~~L'~i"--I' ... ri'f~l1:F..dFF.:rrRrCh.J : f.~: ~JfM~.,.~tJAMP:~~1 if:: O' ~W~}f.~-;~~!!...,f..r^~: . ..... 1ft ~?! '. I --... 5' 9 C C fI 0 . . -~'... '''1 ~ it-:v:: f~~ 900. DO I ....... Ii'L - U".:na t. ' 'f) " I . . It>> cl!1lL ' ,,", . I ~CI i'''~ .____ . .-.--.. T . - r ~- -- - .' ~ t\:lI'..mli~WY~ , . iJ': '~n'iY$~i~.~fi~J~: Ii: .~. F~A SURI~f: . @ ... J: t:f,p~' ,!!" ~ IP-m " 'IS 0 0. ODJ . ~ ... tl" H.m. \.~. 900.00 I ... .1:" ~t~. :.: o ,.r. --__"f. ':_.___1 0 . , ... l~"..., ~ n~'5Wt::' ~ ~ : . """'I f~~"A \. . . ~.,. . ~1 ....~ ,~.. '. t7 0 001 -... ::. lit: ~::a: \ ,I s. i. .. V't.. . " ...... J ... ........: ..... ~ 1 ._ ..~ "Ii ~ , .- & ; I . . j. . . 'I Ii: 2004272551 .BK: 13686 PG: 610, 07/06/2004 at 05:50 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $9275.00 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC1 nus document prepared by and return 10: UBBRn'TII1.EA~CY . 1101 Belcher Road. South, Suite A Largo, FL 33m FILE NO: 04-128-LG Parcel/Folio ID Number: 13-29-15-00000-410-0200 13-29-1s.0000<J..41a.0300 , , , , I , I , I ,-----~ ~ --- --- , , , , , , , " , , ,""-',\ , " I' "" " " " , , " " , ....--....... " .: , -- " " " , " ',,, " " " ,\ ',\ , r \ \ , . \ ,1 , " J ' . ....."" -.... .' ,,_ , I . , ~-, "" " . nus 'INDENTURE, made this"1st day of July, 2004, between Chauncey Palin<<s, LtC, A 1'lpnda.... "'....: : : ....' Umited Liability Qf the County of PinelIas, State of Florida. herein called the'Grantor, and Lakeside \''. Enlerprises,.LLC.A Umited Liability, whose address is P.O. Box5008;aearwater,.FL33i'58,hez!e~ : I called the Grantee. " ", " " .. -- .. , '-- WARRANlYDEED W1TNESSE11i, that the Grantor, for and in consideration of the sum of T~ll{ld No/tOO.Dollars ($10.00), and other good anq valuable consideration to Grantor in lJand paid by GraQl'e(!, the receipt . . whefeol is hereby acknowledged, has granted, bargained and sold to the saic! Gran~.and G~tej!'s heirs and assigns fotever, the following desailied land. situate, lying and being ~ ~~Lj -oIPjncltas, State ofF1orida.lowit. . \ "-_"'" ..~,' . " ".... .... " \ \ " ........' "" \ , , "" \' ", ...." \' , ,. : --~.., ",," " \', " ',. Subject 10 any restrictions,.reservations and ~ of .-eOOr'd, if any, ~ ~ subsequent to 2003. . " ~ \. : . The p~ herein conveyed is not the homestead J'..~ bf}h~ 9~r(s). The Grantor d~ hereby fully warrant ~;~de ~ ~i~~ ~ will defend the same against lawful claims of aU persons whomsoever. " <, ' , , · , .., \ ,'," . " " " IN WITNESS ~OF, the 9~r(s) hAs~ve hereunto set their hand(s) and seales) the day and year fbst above written. " <' ,. , " - " " ,',' " sealed and delivered jrta.!l!~~, . , " ',,, " " I , ,,", ' , , " , I I' , , SEE ATrACHED LEG/U. ~ , ;...\',~ t 11" ,J :"Si "" "" ,," ~ '~. ',", 51'.N,uPP FLQ1<JU)I\. , 'a>UNfl'-OF~LAS "" , I Th.~~~~"""'" """"'....... "'doyol July, '""" by MARKG. NAEDEL..... bl ": -.;;ur,:""", .~Iw. -L- <d~tJ~ BY: MARKG. NAEDEL. MANAGER ~t.~1._!.s~="';,.;...~l ~I ,.:;: .~-_ $l!'HrlK.n............ I f.t.~ r;"~'! Ir<\O;J:t-.:I5';lQ:UCC~ I :~;':. ;;:'"V o~::o:"$:~~B.:!004 ~ .'~:..:~~~~.-:.;~;;~~~ My couunlssion expires: ....au; ., P:rnELLAS COUNTY FL OFF. REC. BK PG .-..... 13686 611 EXHmIT icA" ,'" , , , , " " {." ,,' " .', ',,',' " ...., " " .... ",' ,', ',', ~.: , , ',,' " ',,',' , , ''';:''''.... ',', ,',' .....,.... ',', , , '\ \ ,,' '. I . I \ , , ,', ".... I I ....', ',', " , " " '......::,' , , ,.!"-------'.::,,', .... ..,---_. .... c', "', '"':---' ill\,', "', ...."" .... "- ',', ',') " \ '" , .... \ , ",'.... ' , .... ........ " I " ,-,,,' ,..._, , . . , , , , , . , .'..---:..-.... -' " -.-- .... , , "",,> N ~ . ~ #," f !"'" *: t,::, ~ !" - , ... ..,. ! I;. i:' -"'-~A:::';;Y1',i~'!:1i EXHIBIT E PAGE10F 2 ---. ~ ..""".", .=~~ FLORDA DESIGN CONSIJI..TANTS. INC. ::=.:-:-::::" ENtlEUS. EfMROMENTAUln. &f.lItVtY.. . I't.AtIERS ";::' i:;"'I'~:~""~:* ','~; ~i"~'.'1 ','..'i~~~ _ E.. fI_. 7411 LAKEslOE ENTERPRISES, LLe IMI MF TO MY ILYD. ,.. CLEAn'ATm. fLotaDA :P?q ~ ('7r'7t ~71" LAKESIDE AT CLEARWATER TRANSPORTATION OBLIGATIONS -=- .......... , 'f' z . . .. ~ t-JSTALL MAST ARM l"RAR'IC SIONAL WITH PEDESTRIAN SIONALS ON ALL F<X.ft LEGS OF NTERSECllON FnFL~.,~~~~.f~N;. C ,.")..',..."....'..r',"..h~'"' L.. N_. 7411 LAKESIDE ENTERPRISES. LLC ItA tIJUI' TO lAY "W. "z Cl..EMWATER. FLataDA UNI rHOfEo ('717) M4.7HC TRANSPORT A nON OBLIGATIONS LAKESIDE AT CLEARWATER SITE PLAN EXHIBIT E PACE 2 OF 2 ':" 1-1.... ..