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TDR2005-07023; FLD2005-060570 0- NOTE Prior to the signoff for any permits to construct the Enchantment proj ect, approved under FLD2005- 06057/TDR2005-07023, the mortgage holder for 321 Coronado Drive must consent to the transfer of one dwelling unit to this site, in accordance with Section 4- 1402.1. Mortgage holder: Mary Harvey. See Wayne Wells (parcel tag added 1/28/08 after phone conversation with Mary Harvey). FRJM :CityOrClearwater-Plan Do FAX NO. :727 562 4865 ?n. 24 2005 01:04PM P2 321 Coronado CITY OF CLEAR'WATER APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SERVICES BUiLDINO 100 SOUTH MYRTLE AVENUE, 2- FLOOR PHONE (813)-562-4567 FAX (813) 562-4516 APPLICANT AND AGENT INFORMATION: APPLIcmrs NAME Enchantment, LLC, a Florida limited liability company MAILING ADDRESS c/o Mr. Uday Lele, 1900 Gulf Blvd., Belleair Shores,. FL 33786 PHONE NUMBER 727-458-7635 FAX NUMBER: AGENT NAME E. D. Armstrong III, Esquire Johnson, Pope, Bokor; Ruppel & Burns, LLP MAILING ADDRESS ; __P. 0. Box 1368. Clearwater, FL 33757-1368 PHONENUMBER 727-461-1818 FAX NUMBER: 727-462-0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER Seawake Motel, Ltd., a Florida limited partnership MAILING ADDRESS 691 S. Gulfview Boulevard, Clearwater, FL 33767 PHONE NUMBER 727-743-8208 FAX NUMBER 727-443-3543' LEGAL DESCRIPTION See Exhibit "A" attached. (IF IN METES MO BOUNDS, ATTACH A SEPARATE SHEET) STREET ADDRESS 691 S. Gulfview Boulevard PARCEL NUMBER 17/29/15/05004/003/0160 ZONING DISTRICT T SIZE OF SITE _1.359 acres CURRENT USE OF THE 110-room motel PROPERTY (K OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED To THIS SIT[? 82 res. units* HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 8 units, 1 from sender site HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE UEEN TRANSFERRED? X See Comp. Infill app. IS A HEIGHT INCREASE REQUESTED? YES NO IF YES, HEIGHT REQUESTED: "Requested through Comp. Infill App. tpQj1 fnZinate non-conforming status FROM :CityOfClearwater-Plan Deo FAX NO. :727 562 4865 0". 24 2005 01:04PM P3 SITE ERQM, WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER Roland Rogers MAILING ADDRESS .200 Brightwater Drive, Clearwater, FL 33767 PHONENUMBER 727-447-9637 FAX NUMBER : 727-449-9256 LEGAL. DESCRIPTION See Exhibit "B" attached. QP IN METH:s AND POUNDS, ATTACH A W41114TI3 SHEan STREET ADDRESS 321 Coronado Drive PARCEL NUMBER 08/29/15/17586/001/0060 ZONING DISTRICT T SIZE OF SITE 60' x 110' = 6,600 sq. ft. = .15 acre CURRENT USE OF THE Temp6-rary`rea1ty.office PROPERTY IN OF HOTEL ROOM% DwELLINO VNFTS, COMMERCIAL PLWR AREA, VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 4 units HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 1 unit HAVE DEVELOPMENT RIG HTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO** THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: _ COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; _ STATEMENT THAT THE DEED OF TRANSFER WILL. BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. _ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. _ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. _ COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. 3i nature of property owner or to resentatiye E. D. Armstrong III, Esquire Representative STATE OF FLORIDA, COUNTY OF PIN)}-¢? Sworn to and subscribed before me this L `'? ?_ day of May, 2005 , X>KxT9 to me and/or by E.D. Armstrong III who Is personally known 1-H=3nwdwm§I: to me. xM i"Itifte c Notary public, V o LINDA R. CUNNINGHAM my commission expires: .' y MY COMMISSION H DD 310910 ;•, a= EXPIRES: July 4, 2008 Bonded Thru Notary Public Underwriters **The unit proposed to be transferred was approved for transfer to 15-17 Avalon St and 16 Kendall Street but that trans r o not occur. CITY OF CLEARWAER t'? AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION •1 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 ROLAND ROGERS (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 321 Coronado Drive 08/29/15/17586/001/0060 (Address or General Location) 2. That this property constitutes the property for which a request for a: Transfer of development rights (sender site) (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint E. D. Armstrong III, Esquire, of Johnson, Pope, Bokor, Ruppel & Burns, LLP as (hishheir) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (1/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property LAND ROGERS Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS afore me the undersigned, an officer duly commissioned by of the State of Florida, on this day of -j - • ' ? personally appear 6 `A J 1L U A2 9 (?? who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit at he/she signed. (r,', A My Commission Expires: I.4. 0Q ? Gc DOREEN A. WILLIAMS S: application forms/development review/Affidavit to Authorize Agent MY COMMISSION # DO 155802 EXPIRES: October 14, 2006 1-800-3-NOTARY FL Notary Service $ eonaing, Inc. • EXHIBIT "A" Receiver Site Address: 691 South Gulfview Boulevard Parcel No.: 17/29115/05004/003/0160 Legal Description: • Lots 16, 17, 18 and 19, Block C, Bayside Subdivision No. 5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida. 0 • 691 S. Culfview Blvd. Zoning Receiver Site Legend Streets Parcels Zoning o u,R F-I - ',IJR El '.,::4 0 '! IJR o a ¦ - 0 F1 ¦ ® ?T o a? ¦ Pinelas County EXHIBIT "B" Sender Site Address: 321 Coronado Parcel No.: 08129/15/175861001/0060 Legal Description: 0 Lot 6, Block "A", COLUMBIA SUBDIVISION NUMBER 2, according to the plat thereof as recorded in Plat Book 21, Page 79, Public Records of Pinellas County, Florida. 321 Coronado Zoning Sender Site Legend Streets ? Parcels Zoning El ?a F] , E] D Q `- ¦ IT Pinelas County 11 May 10, 2005 Mr. Wayne Wells City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33758-4748 • RE: Application for Transfer of Development Rights 691 S. Gulfview Blvd. ('receiver site) and 321 Coronado Drive (sender site) Dear Mr. Wells: I, Roland Rogers, am the owner of 161 Brightwater Drive, Clearwater, Florida. The purpose of this letter is to acknowledge my authorization of transferring development rights of (1) unit from the property owned by me and located at 321 Coronado Drive to the property owned by Seawake Hotel, Ltd. Located at 691 S. Gulfview Blvd. As per the requirements outlined within the TDR application the following statements apply to this transfer. 1. The required Deed of Transfer will be recorded prior to the issuance of a building permit; 2. The Development Rights as reflected in the instrument of conveyance have not been conveyed to another person; 3. The Development Rights have not been previously used or exercised by another person. If you have any further questions regarding this transfer, please do not hesitate to contact me at 512-0468. Sincerely, Roland Rogers, Owner I#: 2004354351 BK: 1*CTION PG: 445, 09/03/2004 at 08:08 PM, RE ING 1 PAGES $10.00 D DOC STAMP $3724.00 KARLEEN F. DE BLAKEOERK OF COURT PINELLAS COUNTY, FL PUTY CLERK: CLKDU08 This instrument prepared by: Name: Land Title Insurance of Citrus County, Inc. Address: P.O. Box 2049 Homosassa Springs, Fl. 34447 Return to: Land Tide insurance of Citrus County, Inc. FILE NO. LT-26551 Address: P.O. Box 2049 Homosassa Springs, Fl. 34447 Property Appraisers Parcel Identification Number(s): Grantee(s) S.S tl's: SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED made the 25th day of August, 2004 by Frank Richard Perez andAnthony Armco alkla Anthony N. Amico, Jr., whose street address is P.O Box 3446, Clearwater, FL 33767, hereinafter called the grantor, to Roland Rogers whose street address is 321 Coronado Drive, Clearwater, FL 33767 hereinafter called the grantee: (Wherever used herein the terms 'grantor' and 'grantee" include all the parties to this i+emment and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH, that the grantor, for and in consideration of the sum $10.00 and other valuable considerations, receipt whereof is hereby aclamwtedged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in PINELLAS County, State of F4 is: Lot 6, Block "A", COLUMBIA SUBDIVISION NUMBER 2, according to the plat thereof as recorded in Plat Book 21, Page 79, Public Records of Pinellas County, Florida. THE GRANTORS HEREIN, AVER AND ATTEST, THAT THE ABOVE DESCRIBED PROPERTY DOES NOT CONSTITUTE THEIR LAWFUL HOMESTEAD, NOR ARE SAID LANDS CONTIGUOUS TO THE LANDS DESCRIBED AS THEIR HOMESTEAD IN THAT NEITHER THEY NOR ANY FAMILY MEMBER RESIDES THEREON. Together, with all the tenements, heredikunents and appurtenances thereto belonging or in otherwise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with the grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever,• and that said land is free of all encumbrances, except lazes accruing subsequent to December 31s; 2003. FURTHER SUBJECT TO restrictions, reservations, covenants and easements of record, if any, however this reference shall not operate to reimpose same. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Si ned sealed and de/liJvered (i?n the presence of.• A\`?G '?/ le--7 1141 Printed 'gnature " t Shenante Mj it/Iinn Hvt? gN_ Printed Signature STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument•was acknowledged before me this 25th day of August 2004 by Frank Richard Perez andAnthony Andco 4Va Anthony N. Armco, Jr. , who are personally known to me or who produced 664.' " bZ,'rt e. c as identification and who did/did no take an oath. [seal] Notary Public My Commission Expires: JULIA O. HUDSON r ?? Notary Public, Stale of Florida • Mr Comm. Exp June 10, 2000 Comm. No. CC 741147 'r or NeO, , FRUM :CityOPClearwater-Plan D10 FAX NO. :727 562 4865 0n. 24 2005 01:04PN P2 161 Brightwater CITY OF CLEA.RWATER APPLICATION FOR TRANSFER OF . DEVELOPMENT RIGHTS PUNNING & DEVELOPMENT SERVICES MUNICIPAL SERVICES BU.[LDINC} 100 SOUTH MYRTLE AVENUE, 2- FLOOR PHONE (813)-562-4567 FAX (813) 562-4576 APPLICANT AND AGENT INFORMATION: APPLICANrBNAME Enchantment, LLC, a Florida limited liability company MAILING ADDRESS c/o Mr. Uday Lele, 1900 Gulf Blvd., Belleair Shores,: 'FL 33786 PHONE NUMBER 727-458-7635 FAX NUMBER: E. D. Armstrong III, Esquire AGENT NAME Johnson, Pope, Bokor; Ruppel & Burns, LLP MAILING ADDRESS P._O. Box 1368. Clearwater, FL 33757-1368- PHONE NUMBER 727-461-1818 FAX NUMBER: 727-462-0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER Seawake Motel, Ltd., a Florida limited partnership MAILING ADDRESS 691 S. Gulfview Boulevard, Clearwater, FL 33767 PHONE NUMBER 727-743-9208 FAX NUMBER 727-443-3543' LEGAL DESCRIPTION See Exhibit "A" attached. (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) STREET ADDRESS 691 S. Gulfview Boulevard PARCEL NUMBER 17/29/15/05004/003/0160 ZONING DISTRICT T SIZE OF SITE 1.359 acres CURRENT USE OF THE 110-room motel PROPERTY ($ OF HOTEL ROOMS, DWELLING UNITS. COMMERCIAL FLOOR AREA. VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 82 res. units* ... HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 8 units, . 4 from sender site HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: See Comp. Infill app. 'Requested through Comp. Infill App. t?,,? U inate-non-conforming status FROM :CityOrClearwater-Plan Del* FAX NO. :727 562 4865 ?. 24 2005 01:04PM P3 SITE FRAM, WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER Clearwater Townhomes, Inc:, a Florida corporation MAILING ADDRESS 200 Brightwater Drive, #2, Clearwater, FL 33767 PHONE NUMBER 727-638-3907 FAX NUMBER : 727-449-9256 LEGAL DESCRIPTION See Exhibit "B" attached. OF IN METES AND BOUNDS, ATTACH A SFPARATQ SHIEfM STREETADDRESS 161 Rri ghtwat-or PARCEL NUMBER See Exhibit "B" attached - 3 parcels ZONING DISTRICT T SIZE OF SITE .47 acre CURRENT USE OF THE PROPERTY 10 unit townhome development IN OF HOTEL ROOMS, DWELLIN7 UNITS, COMMERCIAL FY.OOR AREA, VACANT) HOW MANY DEVELOPMENT RIGHT8 ARE ALLOCATED TO THIS SITE? 14 units HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 4 units HAVE DEVELOPMENT RIG HTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: _ COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; _ STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. _ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. _ COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. Signature of property owner or representative E. D.-Armstrong III, Esquire Representative STATE OF FLORIDA, COUNTY OF PINED Sworn to and subscribed before me this r day of May, 2005 , XEK,XTP to me and/or by E. D._.Armstrong III , who Is personally known t=4zxk rAx to me. x Atft. Mt 1 ?? df?h ? / rk& W Notary public, my commission expires: LINDA R. CUNNINGHAM MY COMMISSION # DD 3104 of h::?` - Bonded Thru --y T `wo Notary public Underwriters Page 2 of 2 """'? 06/20/05 MON 17:00 FAX 727 441 8617 JOHNSON May 24 06 04:12p , Rogers Beach D90ment nay 24 05 12:26p LAI`I ASSCI11TES, P. R. Play 23 OS 11:077, Laur@Plyniaha Mad 2. DS 12:061.. LOPI£ & R5SCIRTES.P_M. VASY Y4 05 12;490 RoyPM 860th OOW§k*nMM ".Wa 11110 hur"ONIM 0 AAA RNlrult s POPE %21 56 p,3 001-44160372 P-2 352-383-4995 p.1 001-4o7-3160372 r.a tJ7N41M 0 I-4n P 010113 MN A"Ioovd To AVTW0M&W Aswr CAEAMM."&'a soMlaoaA. :11c_ ?. wuPs?Pr?n1/?•?Nywr+wrOVlrwaPM?rwer?M?t?IwR?APr/vtaKapdresron. )?/ Osigl?craasr _? lanets Os1iv?:siwi9:?ooo/al,.a. oiaPVS:ioagsaro? at lawn4e; zi.ee! a M"PrMerWy.P?..?,.N41OMSwONEWM MR -ftweal w""a a wswry Mi"Onow I>r - rtar "a ¦ 40"a n ". ?. 7PM w ?M M?w?+rOdfY?? ?rtlr rl?l?wu?, f1?4rra?aa eID /b6?IN rY?P aMre ??PMII• S. vow ON 1s0"•+w?ow"Iftbo"Mon aP.Pf?p'.e'M+Pae,.+wn?,nniPww,..a?.wew I. %KpL- WP •wY?r_rl+r w.?? j@WM ?A9'= CK /?WC?A QOM at CLnew ter rowaafta, Sue.. . tlorlea IS, Mc.. i oe-°- -- -A 4 4 arPr M MIM R. Every MYCen'^fuian 001w= ?w Esplesl JonYary IT mas L?. Q004 STATE OF FLORIDA COUNTY OF ORANGE Before me, the undersigned, an officer duly commissioned by the laws of the State of Florida, on this Z?!? day of _, 2005, personally appeared Paul C. Lane, as President*, who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that he/she has signed. *of Clearwater Townhomes, Inc. ?Q a Florida corporation 1 ?^ Notary Public My. Commission Expires: -?- (6-- q? RONALD M. AUGUME MY COMMISSION # DD 037937 EXPIRES: July 18, 2005 14 *3MTARV R.NM7SWVIM38afdnSkM • • EXHIBIT "A" Receiver Site Address: 691 South Gulfview Boulevard Parcel No.: 17/29/15105004/00310160 Legal Description: Lots 16, 17, 18 and 19, Block C, Bayside Subdivision No. 5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida. • 691 S. Gulfview Blvd. Receiver Site Legend Streets Paroels Zoning E _M OR .17R .1 i3R ?R D ¦ T 0 0 ¦ zr o a? Pinelas County l! U.1 bmI QSiR FlF? T F? • 161 Brightwater Drive Sender Site L-1 ERI LMDR 0 ?i t P j" u- ---- - K HDR r f] IJ 16mi a ?. ?? :::: ::,:-::::: rte::, ::,?,. ?. Legend streets Parcels Zoning o -,t o ,3R D .,.., ¦T O 0 ¦ ® ?T ¦ _I tosq. Pinellas County • • EXHIBIT "B" Sender Site Address: 161 Brightwater Parcel Nos.: 08/29/15/04932/000/0140 08/29/15/04932/00010150 08/29/15/04932/00010160 Legal Description: Lots 14,15 and 16, BAYSIDE SUBDIVISION NO. 2, according to the map or plat thereof as recorded in Plat Book 27, Page 32, Public Records of Pinellas County, Florida. May 10, 2005 Mr. Wayne Wells City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33758-4748 RE: Application for Transfer of Development Rights 691 S. Gulfview Blvd. (receiver site) and 161 Brightwater Drive (sender site) Dear Mr. Wells: I, Roland Rogers, am the managing member of 161 Brightwater Drive, Clearwater, Florida. The purpose of this letter is to acknowledge my authorization of transferring development rights of (4) units from the property owned by me and located at 161 Brightwater Drive to the property owned by Seawake Hotel, Ltd. located at 691 S. Gulfview Blvd. As per the requirements outlined within the TDR application the following statements apply to this transfer. 1. The required Deed of Transfer will be recorded prior to the issuance of a building permit; 2. The Development Rights as reflected in the instrument of conveyance have not been conveyed to another person; 3. The Development Rights have not been previously used or exercised by another person. If you have any further questions regarding this transfer, please do not hesitate to contact me at 512-0468. Sincerely, Roland Rogers, Owner This Instrum?rrC r? Return to: Paul Camp Lane ?GER? Lane & Associates, P.A. 5301 Conroy Road, Ste. 140 Orlando, Florida 32811 Parcel Identification Numbers 03-108983 MAR-19-2003 •SpM PINELLRS CO SK 12609 PG 375 08-29-15-04932-000-0140; 08-29-15-04932-000-0150 08-29-15-04932-000-0160 WARRANTY DEED This WARRANTY DEED, made the ? day of ??o 2003, by BRIGHTWATER INVESTMENT ESTABLISHMENT, a Liechtenstein Est lishment, whose address is Zollstrasse 9, FL-9490 Vaduz, Liechtenstein, hereinafter called GRANTOR, to , CLEARWATER TOWNHOMES, INC., a Florida Corporation, hereinafter called GRANTEE, whose address is 5301 Conroy Road, Suite 140, Orlando, Florida 32811. WITNESSETH: That GRANTOR, for and in consideration of the sum of Ten Dollars and " other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, alienates, remises, releases, conveys, and confirms unto GRANTEE, all that certain land situated in Pinellas County, Florida, viz: CS ---- FEES - Lots 14, 15, and 16 Bayside Subdivision No.2, according to the map or plat ATE --- thereof as recorded in Plat Book 27, Page 32 of the Public Records, of RIC Pinellas County, Florida. sEV gether with all of the tenements, hereditaments, and appurtenances thereto belonging BAS _so-r. in anywise appertaining. G To Have and to Hold, the same in fee simple forever. This conveyance is also subject to easements, restrictions, limitations and conditions of record if any now exist, but any such interests that may have been terminated are not hereby re-imposed, and is subject also to applicable zoning ordinances and taxes. GRANTOR hereby covenants with GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey this land; and that the GRANTOR hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever. PINELLAS COUNTY FLR, • OFF.REC.BK 12609 PG 376 In Witness Whereof GRANTOR has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in our presence: X'S Witness Seg+r#'ce Ka rs er Witness A L-" A-4 o e &.t A-P01 E L GRANTOR Andreas Schfui ,Director x ;< ?1--+dGT7-3 t r? sx o F-- 1 TR .- a C7 goy Ln . 1 n n L-?n i ?doc 1 ? ^`? rm t ? 1 ? b •_. =S 2R T za z cn ' . 1 ? * o• o 0 o ---1 c z CN I ? `-" 1-55 m t 1 • ? ? I. 7 C m z r7 .o ? -+ a ?? z P? - i c-i c-? m r n =? 1 cn _` • z o 1 -n om r- m 6 m e? r- `? u, w 1 m Y m of ? pp 1 E!4 EH I nJ !'•J I T 1 1 ? ? n ? t T FORSTENTUM LIECHTENSTEIN FORSTLICHES LANDGERICHT S PINELLAS COUNTY FLA. OFF.REC.BK 12609 PG 377 Aktenzeichen bitte immer anfuhren 1 R NZ.2003.19 .s Offentliche Beurkundung Der vorstehende Warranty Deed vom 21.02.2003 abgeschlossen zwischen Brigthwater Investment Establishment, Vaduz, zugunsten von Clearwater Townhomes Inc., Florida, hat heute Dr. Andreas Schurti, geboren am 10.12.1960, FL-9495 Triesen, St. Marmertenweg 26, Identitat ausgewiesen durch Identitatskarte des Furstentums Liechtenstein Nr. 11899, als Verwaltungsrat mit Einzelzeichnungsrecht des Brightwater Investment Establishment, 9490 Vaduz, gemass dem Auszug des Handelsregisters des Furstentums Liechtenstein vom 21.02.2003, vor mir, Rechtspflegerin Isabelle Real-Langenbahn als Urkundsper- son, abgegeben and eigenhandig unterzeichnet. Er erklart, dass die vorste- hende Urkunde den ihm mitgeteilten Parteiwillen enthalt, der ihm zur Kenntnis gebracht wurde. Furstliches Landgericht u 2,1.02. 003/REIS Isabelle a?Langenbahn - UrkundsDeerson ?gTLIC\ \CGIE AEULESTRASSE 70 9490 VADUZ TELEFON +423 - 236 61 11 TELEFAX +423 - 236 65 39 TRSLATION FROM THE GERMAN TO THE4VLISH PRINCIPALITY OF LIECHTENSTEIN LOCAL COURT OF FIRST INSTANCE IN THE PRINCIPALITY File Number 1 R NZ.2003.19 Public Acknowledgment The attached Warranty Deed of February 21, 2003 concluded by and between Brightwater Investment Establishment of the City of Vaduz and for the benefit of Clearwater Townhomes, Inc. of Florida has been fully executed and signed by Dr. Andreas Schurti, born on December 10, 1960 and residing at St. Marmertenweg 26, in FL-9495 Triesen, whose identity was established through the presentation of and Identity Card issued by the Principality of Liechtenstein, number 11899, and who executed the same Deed in his capacity as a member of the Board of Directors of Brightwater Investment Establishment, possessing the power and authority to act on his own as is confirmed in the extract of the Commercial Registry for the Principality of Liechtenstein, dated as of February 21, 2003, which was presented to me here in the City of Vaduz, I, Isabelle Real-Langenbahn, as a Clerk of the Court, have recognized this act and have given this confirmation. Dr. Schurti declared to me that the attached Certificate of Deed contains the specific will and intent of the Party, which has been represented and brought to his attention. The Court of First Instance in the Principality Done in Vaduz, February 21, 2003 (Signature) Isabelle Real -Langenbahn Court Certificate Clerk Seal of the Court of First Instance in the Principality of Liechtenstein (ADDDRESS) AEULESTRASSE 70 IN 9490 VADUZ - TELEPHONE +423-236 61 11 - FAX +423-236 65 39 CERTIFICATE OF TRANSLATION I Paul Camp Lane, state under penalty of perjury under the laws of the United States of America that I am familiar with the English and the German languages. I have examined my attached translation from German into English and I certify that it is a true and correct translation of the attached document as entitled Public Acknowledgment. Date: March 7, 200?? Signed: r? State of: FLORIDA County-of: ORANGE The foregoing instrument was sworn to, subscribed and acknowledged before me this 7th day of March, 2003 by Paul Camp Lane., a person known to me. Notary Publi tate of Florida 4`!&N Mal0fle R Wohl * W Commission CC902730 Expires January 17, 2004 JOB No.: 020024.1 1 BRIGHTWATER DRIVE WOOD 50' RIGHT-OF-WAY ?? POWER POLE ?? 25' ASPHALT PAVEMENT p`>, ? ? UTILITY RISER ? ?2' CONC. GUTTER a/ OI ., ASPHALT Ny FCM 4"x4" 16" PAL (NO ID) "PALM 60.03'(C) IVQ 18"PALM T ASPHALT WATER k WOOD CONC. METER POWER POLE DUMPSTER PAD _ / d / d C? WOOD tx ' POWER POLE ZZ 00 o r? N? J J ?CA bo ?0 W ? I ? 0-v d d C1? tk? 60.00'(C) N89° 02'11"E 180.16'(M) 1?tx N89° 02'11"E 180.00'(P) 60.16'(C) a- FCM 4"x4" (NO ID) 12"PALM 0/ d d N<b d d 60.10'(C) d I d d d d d d d .' ?,S87° 44'50"W 180.05'(P) FND IN ^? FND X„ S87°46'50"W 180.11'(C) --------------- CUT IN SEAWALL CUT IN SEAWALL WATERWAY ...lustationldgn\U2UU24.dgn 59.98'(C) d ?6 . 0? d (v CURB INLE T o RIM EL.=4.23 - WOOD OWER POLE: ?7"FCM 4"x4" (NO ID) 1 ?i ? ? k cn V) 00 00 v0 CD U1 mm ?N Jco co 0 .:.: d/ O 1.3' ?,'ONC. SEAWALL E0.011(C) `-- ?tx Q FND."X" v CUT IN FND."X" V) SEAWALL CUT IN SEAWALL 0 20 40 10 SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA LEGEND: FCM = FOUND CONCRETE MONUMENT C.B.S. = CONCRETE BLOCK STUCCO FIR = FOUND IRON ROD CONC. = CONCRETE FCIR = FOUND CAPPED IRON ROD SCIR = SET CAPPED IRON ROD LB 6928 FIP = FOUND IRON PIPE A/C = AIR CONDITIONER FPIP = FOUND PINCHED IRON PIPE EL. = ELEVATION PC = POINT OF CURVATURE LB = LICENSED BUSINESS PCP = PERMANENT CONTROL POINT ID. = IDENTIFICATION PG = PAGE 6 15 PB = PLAT BOOK = DENOTES GRIUNO ELEVATIONS (P) = PLAT = CENTERLINE (M) = MEASURED (F) = FIELD (R) = RADIAL (C) = CALCULATED FND = FOUND L.F.F.EL.= LOWEST FINISH FLOOR ELEVATION LEGAL DESCRIPTION: LOTS 14. 15 AND 16 OF "BAYSIDE SUBDIVISION No. 2". ACCORDING TO THE MAP OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 27. PAGES 32-33 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. I SURVEYORS CERTIFICATION: CERTIFIED TO: NORTHSIDE ENGINEERING SERVICES '440 LAST DATA OF F' ItLFD?i10R. F48RU+Y 01,. 2002 02/12/02 BRUCE A. KOE-IN. F NO. O5p- FLORIDA REGISTER URVEYO{? ?F NOT VALID WITHOUT THE SIGNATURAE;AND IGINAL RAISED SEAL OF A FLORIDA LICENSED SURVtYDRA?D MAPPER SURVEYORS NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOTS 14. 15 & 16. ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF NORTH 89°02'11" EAST. 2. ELEVATIONS SHOWN HEREON ARE BASED ON N.G.V.O. DATUM OF 1929 MEAN SEA LEVEL = 0.00. 3. THIS SURVEY WAS PREPARED WITHOUT AN ABSTRACT OF TITLE. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVEY. 4. UNDERGROUND IMPROVEMENTS. IF ANY. NOT LOCATED. HUD/FIA F.I.R.M. COMMUNITY PANEL No. 125096 0007 D DATED: AUGUST 19. 1991 FLOOD ZONE: ZONE AE (EL-11) DATE TYPE OF SURVEY DATE FINAL SURVEY 02/01/02 UPDATE SURVEY FIELD BOOK 99137 PAGES 21-23 LB 6928 KLEIN b STAUB SURVEYING INC. PROFESSIONAL SURVEYORS AND MAPPERS 1011 LEMON STREET EAST TARPON SPRINGS, FLORIDA 34689 OFFICE: 727-934-4888 FAX: 727-934-7659 FROM :CityOfClearwater-Plan Deo FAX NO. :727 562 4865 W. 24 2005 01:04PN P2 125 Brightwater CITY OF CLEARWATER APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDINO 100 SOUTH MYRTLE AVENUE, god FLOOR PHONE (813)-562-4567 FAX (813) 562-4576 PLICANT AND AGENT INFORMATION: APPuCANrsNAME : Enchantment, LLC, a Florida limited liability company MAILING ADDRESS . c/o Mr. Uday Lele, 1900 Gulf Blvd., Belleair Shores,:"FL 33786 PHONE NUMBER 727-458-7635 FAX NUMBER Housh Ghovaee, Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930, Clearwater, FL 33755 AGENT NAME MAILING ADDRESS PHONE NUMBER 727-443-2869 FAXNUMBER: 727-446-8036 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER Seawake Motel, Ltd., a Florida limited partnership MAILING ADDRESS 691 S. Gulfview Boulevard, Clearwater., FL 33767 PHONE NUMBER 727-743-6208 FAX NUMBER - LEGAL DESCRIPTION See Exhibit "A" attached. 727-443-3543 SIP IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) STREET ADDRESS ; 691 S. Gulfview Boulevard PARCEL NUMBER : 17/29/15/05004/003/0160 ZONING DISTRICT T SIZE OF SITE ; 1.359 acres CURRENT USE OF THE 110-room motel PROPERTY I # or HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED To THIS siTE? 82 res. units * HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 8 (3 by this application) HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? X IS A HEIGHT INCREASE REQUESTED? YES NO IF YES, HEIGHT REQUESTED: YES X NO *Requested through Comp. Infill App. tq,,?e q}inate non-conforming status FROM :CityOfClearwater-Plan De0 FAX NO. :727 562 4065 *n. 24 2005 01:04PM P3 SITE FRQ,M WHICH THE TDR WILL BE TRANSFERRED (sender site):. PROPERTY OWNER Belle Aqua Villas, LLC, a Florida limited liability company MAILING ADDRESS P. O. Box 4189, Clearwater, FL 33758-4189 PHONE NUMBER FAX NUMBER LEGAL DESCRIPTION See Exhibit "A" attached. (IF IN METES AND SOUNDS, ATTACH A SOPARATR SHRU) STREET ADDRESS 125 Brightwater Drive - 6 parcels PARCELNUMBER See Exhibit ."B" attached. ZONING DISTRICT T SIZE OF SITE 6. parcels total .32 acre CURRENT USE OF THE PROPERTY 6 residential dwelling units IN OF HOTEL ROOMS DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? units HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 3 units HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED To OR FROM THIS PROPERTY? YES X NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: _ COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; _ STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. _ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. _ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made in this application are true and,accurate to the best of my sign fture of property owner or representative Housh Ghovaee, Representative STATE OF FLORIDA, COUNTY OF PINELLAS Swom to and subscribed before me this 2:5- *?- day of May, 2005 XM?x to me and/or by Houses Ghovaee , who Is personally known ht,?rosad. ,- iden ifiZ Hen. N ry pub V, my commisslon expires; Page 2 of 2 MYCOMMISSION# DD041066 EXPIRES September 2, 2005 BONDED THRU TROY FAIN INSURANCE, INC 0 0 EXHIBIT "A" Receiver Site Address: 691 South Gulfview Boulevard Parcel No.: 17/29/15/05004/00310160 Legal Description: Lots 16, 17, 18 and 19, Block C, Bayside Subdivision No. 5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida. 691 S. Gulfview Blvd. Receiver Site Legend Streets D Parcels Zoning D ^R D _MaR D .%i_-;t D OR D _,R D ® i D? D '= ¦ T D ¦ PineAas County 0 0 EXHIBIT "B" Sender Site Address: 125 Brightwater Parcel Nos.: 08/29/15/06445100010010 08129/15/06445/00010020 08/29/15/06445/00010030 08129/15/06445/00010040 08/29/15/06445/000/0050 08/29/15/06445100010060 Legal Description: Lots 1 through 6, inclusive, BELLE AQUA VILLAS I, according to the plat thereof as recorded in Plat Book 127, Page 72, Public Records of Pinellas County, Florida. • • 125 Brightwater Drive Sender Site a Legend streets Q Parcels Zoning o O '.974 F-] , ¦ 7R D ® T 0 0 ¦ ¦ sT n =aR Pinellas County 05/12/2005 13:34 7274468036 NORTHSIDE ENG SVCS PAGE 02/02 0 CITY OF CLEARWA%R AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPNWNT SERVICES ADMINISTRATION MUNICIPAL SERVTCFS BUILDING, 100 SOUTH MYRTLE AVENUE, Z"" FLOOR PHONE (7M-5624567 FAX (727) 562-4576 (Name of OM PrOMW ow flm) 1. That (l am/we are) the owner(s) and record title holder(s) of the following described property: (Address or Goneral LAcadcn) 2. That this property constitutes the property for which a request for a; (Nature of rmquest) 3. That the enders' ned (has/have) appointed and (does/do) appoint as (htsRhetri a®ant(s) to exenAe any petitlona or otfirer doWmeras neoaseaty to affed SUCK Detttlon; 4. That this affidavit has been executes to induce the City of Cie er, Florl to consider and act on the above described property; / 5. That (1/we), the undersigned authority, hereby certify gQbq-rs true and correct. STATE OF FLORIDA. COUKTY OF RNFLAAS Before me bye undersigned, an officer duly commissioned by the laws of the State of Florida, on this 'T"N day of _j 7 ZQp--% personally appeared AW:C k-k . ra.. Nlt a a.r. who having been first duly sworn and says that he/she fully understands the contents the affidavit that he/she signed. My Commission Expires: Notary Public DEBRA J SCALA Notary Public, State of Florida S' aP0r-WioR forms/development revWWAttidavlt to Autlmrtze Agora My Comm. Expires May 15, 2007 No. DD213035 <77k DM MENNA DEVELOPMENT & MANAGEMENT, INC. May 10, 2005 Mr. Wayne Wells City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33758-4748 RE: Application for Transfer of Development Rights 691 S. Gulfview Blvd. (receiver site) and 125 Brightwater Drive (sender site) Dear Mr. Wells: I, Anthony Menna, members agent with Bella Aqua Villas, LLC, located 125 Brightwater Drive, Clearwater, Florida. The purpose of this letter is to acknowledge my authorization of transferring development rights of (3) units from the property owned by me and located at 125 Brightwater Drive to the property owned by Seawake Hotel, Ltd. Located at 691 S. Gulfview Blvd. As per the requirements outlined within the TDR application the following statements apply to this transfer. 1. The required Deed of Transfer will be recorded prior to the issuance of a building permit; 2. The Development Rights as reflected in the instrument of conveyance have not been conveyed to another person; 3. The Development Rights have not been previously used or exercised by another person. If you have any further questions regarding this transfer, please do not hesitate to contact me at 796-0021. P.O. BOX 4189 CLEARWATER, FLORIDA 33758-4189 PH: 727-796-0021 FX:727-797.8504 WWW.MDMHOTELS.COM Anthony Menna 7k MENNA DEVELOPMENT & MANAGEMENT, INC. May 10, 2005 Mr. Wayne Wells City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33758-4748 RE: Application for Transfer of Development Rights 691 S. Gulfview Blvd. (receiver site) and 125 Brightwater Drive (sender site) Dear Mr. Wells: I, Helmut Radke, members agent with Bella Aqua Villas, LLC, located 125 Brightwater Drive, Clearwater, Florida. The purpose of this letter is to acknowledge my authorization of transferring development rights of (3) units from the property owned by me and located at 125 Brightwater Drive to the property owned by Seawake Hotel, Ltd. Located at 691 S. Gulfview Blvd. As per the requirements outlined within the TDR application the following statements apply to this transfer. 1. The required Deed of Transfer will be recorded prior to the issuance of a building permit; 2. The Development Rights as reflected in the instrument of conveyance have not been conveyed to another person; 3. The Development Rights have not been previously used or exercised by another person. If you have any further questions regarding this transfer, please do not hesitate to contact me at 796-0021. Sincerely, Helmut Ra e P.O. BOX 4189 CLEARWATER, FLORIDA 33758-4189 PH: 727-796-0021 FX:727-797-8504 WWW.MDMHOTELS.COM • DS 10 -7vS_ '?5 ' is :: SS. Sv Prepared By and Return To: Victoria P. Behm. P.A. 405 2nd Street South, Ste. A Safety Harbor, FL 34895 File No. 03408 0, VARLEEN F. BE BLAKER, IIERK OF CCOF;T PINELLAS CQ)NTY, FLORIDA (727) 464-3008 ------------ ------------- ---------- BC238584 09-30-2003 16:46:14 JT 51 DED-BELLE A90 008467 111:03418445 BK:13108 SPG:1531 EPG:1532 RECORDING 002 PAGES 1 $10.50 DOC STAMP - DR219 3 310445.00 TOTAL: $10,755.50 CHECK AMT.TENDERED: 310.755.50 CNAHiiE: S.r,O BY -A DEPUTY CLERK Prop" Apprehars Pamel I.D. (folio) Number(s) 08/291151049321000/0070 03-418445 8PT-30-2003 4:48" PINELLFIS CO BIC 13108 PO 1531 WARRANTY DEED I ?..1 Seo4 . 46-40wife THIS WARRANTY DEED dated ?5 2003, by Robert W. DeStefano and Dome L. DeStefano, his hereinafter called the grantor, b Belle Aqua Villas, LLC, a Florida Limited Liabiliaty Company, whose post office address is hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties b this instrument and the hails, legal representatives and assigns of Individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of $70.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby granffi, bargains, sells, aliens, remises, releases, conveys, and confirms unto the grantee, all the certain land situated in Pinellas County, Florida. Viz: Lots 7 and 8, BAYS IDE SUBDIVISION NO. $ according to the map or plat thereof, recorded in Plat Book 27 Pages 32 and 33, Public Records of Pinellas County, Florida. Subject to easements, restrictions, reservations and limitations of recorded, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD the same in Fee Simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and latrful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to: December 31, 2002 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. ?Stgrt d, seed delivered in the presence of. (Witness Signature) R be W. DeStefa o 1 !4 L,I4 1AJ ti u nne L. DeStefano, (Witness Signature- 7W- MO 10 / O k Al ; 441?P t ? _ a _ (Address) ki9,e6o, r- 33770 (Address) • • OINELLRS COUNTY FLR, OPF,REC.BK 13108 PO 1538 WARRANTY DEED (Continued) STATE OF FLORIDA i COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this A Bay of September, 2003, by Robert W. DeStefano and Donna L. DeStefano, personally known to me or who produced a Florida Driver's license as identification. r Notary Public State of Florida (Seal) ?? YICTOIMP.?11 Coro t ?D777131 E7G7pES.11r7D, tOW s*r+nntirraeuasr? 1 0 LAW OFFICES 0 RICHARDS, GILKEY, FITE, SLAUGHTER, PRATESI & WARD, P.A. RICHARDS BUILDING 1253 PARK STREET CLEARWATER, FLORIDA 33756 RALPH RICHARDS (1893-19801 TEL: (727) 443-3281 OF COUNSEL JOHN D. FITE (1933-2000) FAX: (727) 446-3741 WILLIAM W. GILKEY JOHN E. SLAUGHTER, JR WILLIAM M. MACKENZIE EMIL G. PRATESI PATRICK W. RINARD R. CARLTON WARD CYNTHIA I. RICE THEO J. KARAPHILLIS November 16, 2005 RECEIVED City of Clearwater Planning Department Attention: Wayne Wells NOV 2 3 2005 Municipal Services Building, 2nd Floor 100 S. Myrtle Avenue PLANNING DEPARTMENT Clearwater, Florida 33756 CITY OF CLEARWATER Re: Enchantment Condominium located at 691 S. Gulfview Blvd, Clearwater, FL Dear Wayne: Our law firm, as well as Ed Armstrong and his firm, represent the developers of the Enchantment Condominium to be built at the above referenced address on Clearwater Beach. As I believe you are aware, in connection with the development, the property has acquired Transferable Development Rights ("TDRs") for eight (8) units from other sites on Clearwater Beach. I am enclosing at this time for your records, a copy of the Deeds that have been recorded in the Public Records transferring these development rights from three (3) different Sender Sites to the Enchantment site as the Receiver Site. Each Deed attaches as Exhibit "A" thereto, a legal description of the property that transferred the TDRs to Enchantment. One Deed is for three (3) units, another Deed for four (4) units and one Deed for one (1) unit. The Deed for one (1) TDR from Rolland Rogers had initially been assigned to Aqua Sun Development, LLC, which subsequently assigned it to Panorama on Clearwater Beach, LLC who agreed to transfer it to Enchantment, LLC. None of these inner transfers were ever registered in the Public Records. However, I mentioned this because you were previously sent a letter dated August 25, 2004 by Rolland Rogers authorizing you to transfer this one TDR to the property acquired by Panorama, LLC (through assignment from Aqua Sun, LLC) located at 15 through 17 Avalon Street and 16 Kendall Street, (a copy of this letter is enclosed), which property is not utilizing the TDR and hence they are transferring the same to Enchantment. This TDR originated from the property located at 321 Coronado Drive which had four (4) TDRs allocated to it before this transfer of the one TDR. Should you have any questions, please do not hesitat/toc ntac t me. er , Ci R. r ton Ward RCW/dj Enclosure cc: Uday Lele Ed Armstrong Ruh 25 04 as;asp _ ors -- Beach Development '798256 P-1 06/26/2004 14:21 721• 9G wMV-iSIM D4 PAGE 92/03 EXHIBIT "C" Aug= 25, 2004 City of. CteatwataT-Platy b gpcpatunant Aft, Wk me Wells, MCP, Senior pLantter 1Q0 S. Myrtle Av=c Cltt Mter, Flori&3375"748 Rs; Applloatiou for'Tsmifer of Development Rights -13-17 Avalon Smet and 16 IC=dsll Street (receiver Bite) snd 321 Corona& Drive (sender site) Dear graync: L Mud Rogers, am the owneroE32-L. Coronado Drive; -CleariMa, pladd& The P+upost of WS letter is to scknowlcdge my aathorizatian of ==fining davclopraenr rlgbts of one (1) wt ffc?m zhepraperty owned by Alm murr( sated u 321 Coronado Drivc to the property owned by Allan 7. Ctookw and 8. & RBeach 1101din$s, LLC loud at 1S-17 Avalon Sui* atld 16 Kendall EWA &pez tlie-,rCq r=ed outli and widtin The MR appl cadoa dw for lowing eratements apply to this haaafer: L Tho rega Md Deed of Traosi'er will be recorded prior to the issawoo ol'a 2. The DevetopMent Mold$ zs zctiected in the inatrummt of eanvoy%n = haw. tot hem conwayed to wad w person; 3. The Development ai.- leave notbaen pxovlou5ly used cr =rcaed by another petA If You have any fvutbet gttestiams ?igardiiig this tr s c please do not besitate to contact mo at 5124468. " P zti n 5 'di 098 'ON SOAS 6N3 M1 1SWAOIN iflNdOID30 NHS VnOVISPOLaAdSl :9 -:SOOZ 'Sl 'AVN:/'Cs k 44 0 0 i J ZS Dr, PREPARED BY AND RETURN TO- R. Carlton Ward, Esquire (ds) Richards, Gilkey, Fite, Slaughter Pratesi & Ward, P.A. 1253 Park Street Clearwater, Florida 33756 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2005420208 10/19/2005 at 10:58 AM OFF REC BK: 14684 PG: 332-335 DocType:DEED RECORDING: $35.50 D DOC STAMP: $0.70 DENSITY TRANSFER WARRANTY DEED THIS INDENTURE made this 1-7-` day of October, 2005, by and between HHR FINANCIAL CONCEPTS, INC., a Florida corporation, ("Grantor"), whose mailing address is 1221 Rogers Street, Suite D, Clearwater, FL 33756, and ENCHANTMENT, LLC, a Florida limited liability company, ("Grantee"), whose post office address is 970 S. Gulfview Boulevard, Clearwater, FL 33767. WITNESSETH: WHEREAS Grantor by Density Transfer Warranty Deed recorded in March 15, 2005 in O.R. Book 14175, at page 1508, Public Records of Pinellas County Florida did acquire THREE UNITS OF DENSITY ("TDRs") from Belle Aqua Villas, LLC, a Florida limited liability company, which TDRs were allocated to the real property described in Exhibit "A" attached hereto and incorporated herein ("Sender Site"). 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 TDRs, which are to be used in connection with the development of property located at 691 S. Gulfview Boulevard, Clearwater, Pinellas County, Florida 33767 and more particularly described in Exhibit "B" attached hereto and incorporated herein ("Receiver Site"). THIS IS NOT THE HOMESTEAD OF THE GRANTOR. Grantor does hereby fully warrant the title to the property transferred and represents to Grantor that it has clear unencumbered title to the TDRs and that said TDRs have not been previously used, exercised or transferred by it to another and it will defend the same against the lawful claims of all persons claiming by, through or under Grantor. Grantor does hereby acknowledge that the Sender Site in perpetuity no longer has appurtenant thereto, development rights for the TDRs hereby transferred and does hereby covenant with respect to the Sender Site that it shall be restricted in perpetuity with a reduction of three (3) units of density that are entitled to be developed thereon. This restriction and covenant shall run with title to the Sender Site in perpetuity. 11 1 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sea ed an deli ered in the,ores P int ame: Lf C ? /"LC ` ? wJ Print Name: Sr cf %???? STATE OF FLORIDA COUNTY OF PINELLAS HHR FINANCIAL CONCEPTS, INC., a Florida corporation By: -7? H. Helmut Radt , as President (CORPORATE SEAL) The foregoing instrument was acknowledged before me this l day of October, 2005, by H. Helmut Radtke, as President of,-HHR FINANCIAL CONCEPTS, INC., a Florida corporation, who has produced C- Notary Public My Commission Expires: '?v' R. Carlton Ward { MYCOMMI8.r"ION44 DD 073641 EXPIRES ?', FOIDII ry 18, 2006 MAREALEST\DAS\Enchantment\Deed HHR Financial TDR.doc EXHIBIT "A" SENDER SITE: All of BELLE AQUA VILLAS I as recorded in Plat Book 127, pages 70 through 72, of the Public Records of Pinellas County, Florida EXHIBIT "B" RECEIVER SITE: Parcel 1: u Lots 16, 17, 18 and 19, Block C. BAYSIDE SUBDIVISION NO. 5, according to the plat thereof recorded in Plat Book 38, pages 38 and 39, Public Records of Pinellas County, Florida. Parcel 2: A parcel of land in Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Begin at the Southeasterly corner of Lot 19 in Block C of BAYSIDE SUBDIVISION NO. 5 as recorded in Plat Book 38, pages 38 and 39 of the Public Records of Pinellas County, Florida, and run thence north 81 °42'21 "West, along the seawall line, 60.18 feet to the Southwesterly corner of said Lot 19; thence South 12°40'00"West, along the Southerly extension of the Westerly line of said Lot 19k a distance of 9.98 feet; thence South 54°21'32"East, along the High Water Mark in Clearwater pass, 65.18 feet; thence North 12°40'00"East, along the Southerly extension of the Easterly line of said Lot 19, a distance of 40.00 feet to the POINT OF BEGINNING. r• ?, KENIKE CLE , RK OF COURT PINELLAS COUNTY FLORIDA INST# 2005462226 11/17/2006 at 03:53 PM OFF REC RK: 14749 PG: 779.782 PREPARED BY AND RETURN TO: DocType:DEED RECORDING: $35.50 D DOC STAMP: $0.70 R. Carlton Ward, Esquire (ds) Richards, Gilkey, File, Slaughter Pratesi &. Ward, P.A. 1253 Park Street 1 t - , , 3, r llI 'J Y Clearwater, Florida 33756 DENSITY TRANSFER WARRANTY DEED THIS INDENTURE made this 7th day of November, 2005, by and between CLEARWATER TOWNHOMES, INC., a Florida corporation ("Grantor"), whose mailing address is 7087 Grand National Drive, Suite 100, Orlando, Florida 32819 and ENCHANTMENT, LLC, a Florida limited liability company, ("Grantee"), whose post office address is 970 S. Gulfview Boulevard, Clearwater, FL 33767. 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 FOUR UNITS OF DENSITY ("TDRs") fiom the property located at 161 Brightwater, Florida and described in Exhibit "A" attached hereto and incorporated herein ("Sender Site"), which are to be used in connection with the development of property located at 691 S. Gulfview Boulevard, Clearwater, Pinellas County, Florida 33767 and more particularly described in Exhibit "B" attached hereto and incorporated herein ("Receiver Site"). THIS IS NOT THE HOMESTEAD OF THE GRANTOR. Grantor does hereby fully warrant the title to the property transferred and represent to Grantor that it has clear unencumbered title to the density units and that said density units have not been previously used, exercised or transferred by it to another and it will defend the same against the lawful claims of all persons claiming by, through or under Grantor. Grantor does hereby acknowledge that the Sending Site in perpetuity no longer has appurtenant thereto, development rights for the density units hereby transferred and does hereby covenant with respect to the Sending Site that it shall be restricted in perpetuity with a reduction of FOUR (4) density units that are entitled. to be developed thereon. This restriction and covenant shall run with title to the Sending Site in perpetuity. IN 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 resence Print Name. o, C-a l / y? V Print Name: CLEARWATER TOWNHOMES, INC. By: Paul Camp Lane, President STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 7th day of November, 2005, by Paul Camp Lane, as President of Clearwater Townhomes, Inc., a Florida corporation, on behalf of the corporation, who is personally known to me. Ma orie vans Notary Public My Commission Expires: MsOft R.EVAM -00 Otu N`?f My Commission D0257= oi w?" Expiros Jsnusry 17 2001 EXHIBIT "A" SENDER SITE: Parcel 1: Lots 14, 15 and 16, BAYSIDE SUBDIVISION NO.2, according to the plat thereof recorded in Plat Book 27, pages 32 of the Public Records of Pinellas County, Florida, with said properties replatted as Lots 1-10, ISLAND TOWN-HOMES according to the plat thereof recorded in Plat Book 127, page 46 of the Public Records of Pinellas County, Florida. , - . I If# 0 EXHIBIT "B" RECEIVER SITE: Parcel 1: Lots 16, 17, 18 and 19, Block C, BAYSIDE SUBDIVISION NO. 5, according to the plat thereof recorded in Plat Book 38, pages 38 and 39, Public Records of Pinellas County, Florida. Parcel 2: A parcel of land in Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Begin at the Southeasterly corner of Lot 19 in Block C of BAYSIDE SUBDIVISION NO. 5 as recorded in Plat Book 38, pages 38 and 39 of the Public Records of Pinellas County, Florida, and run thence north 81°42'21" West, along the seawall line, 60.18 feet to the Southwesterly corner of said Lot 19; thence South 12°40'00" West, along the Southerly extension of the Westerly line of said Lot 19k a distance of 9.98 feet; thence South 54°21'32" East, along the High Water Mark in Clearwater pass, 65.18 feet; thence North 12°40'00" East, along the Southerly extension of the Easterly line of said Lot 19, a distance of 40.00 feet to the POINT OF BEGINNING. R„r ? • • KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2005462227 11/17/2005 at 03:53 PM PREPARED BY AND RETURN TO: OFF REC BK: 14749 PG: 783-786 R. Carlton Ward, Esquire (ds) DocType:DEED RECORDING: $35.50 Richards, Gilkey, Fite, Slaughter D DOC STAMP: $0.70 Pratesi & Ward, P.A. 1253 Park Street ((\ Clearwater, Florida 33756 2 \ L A C' Q +f?A of p DENSITY TRANSFER WARRANTY DEED THIS 1NDENT`t_JRE made this 7'0 0 day of NOV(Mber , 2005, by and between ROLAND ROGERS,("Grantor"), whose mailing address is 200 Brightwater Drive, Unit #2, Clearwater, Florida 33767 and ENCHANTMENT, LLC, a Florida limited liability company, ("Grantee"), whose post office address is 970 S. Gulfview Boulevard, Clearwater, FL 33767. 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, ONE UNIT OF DENSITY ("TDR") from the property located at 321 Coronado Drive, Clearwater, Florida and more particulary described in Exhibit "A" attached hereto and incorporated herein ("Sending Site"), which is to be used in connection with the development of property located at 691 S. Gulfview Boulevard, Clearwater, Pinellas County, Florida 33767 and more particularly described in Exhibit "B" attached hereto and incorporated herein ("Receiver Site"). THIS IS NOT THE HOMESTEAD OF THE GRANTOR. Grantor does hereby fully warrant the title to the property transferred and represent to Grantor that it has clear unencumbered title to the density unit and that said density unit has not been previously used, exercised or transferred by it to another and it will defend the same against the lawful claims of all persons claiming by, through or under Grantor. Grantor does hereby acknowledge that the Sending Site in perpetuity no longer has appurtenant thereto, development rights for the density unit hereby transferred and does hereby covenant with respect to the Sending Site that it shall be restricted in perpetuity with a reduction of ONE (1) density unit that are entitled to be developed. thereon. This restriction and covenant shall run with title to the Sending Site in perpetuity. • IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. By:? S Roland Rogers Z STATE OF FLORIDA) COUNTY OF PINELLAS) The foregoing instrument was acknowledged ,, bfe._-me his ?'L- day of 2005, by Roland \ Rogers, wle- fs personally known to me or who has as ident" leaf o=ri: produced Notary Public My Commission Expires: _. ................................................... DEBRA B. FAVER SS4072 Commission#DDO Expires 2/13/2007 ? ?`` Bonded through nuuna` gpp 432.42yt) l Florida Notary Assn., Inc. ? Signed, sealed and delivered in the presence of. EXHIBIT "A" SENDING SITE: Lot 6, Block "A", COLUMBIA SUBDIVISION NUMBER 2, according to the plat thereof as recorded in Plat Book 21, page 79, Public Records of Pinellas County, Florida. EXHIBIT "B" RECEIVER SITE: Parcel 1: Lots 16, 17, 18 and 19, Block C, BAYSIDE SUBDIVISION NO. 5, according to the plat thereof recorded in Plat Book 38, pages 38 and 39, Public Records of Pinellas County, Florida. Parcel 2: A parcel of land in Section 17, "Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Begin at the Southeasterly corner of Lot 19 in Block C of BAYSIDE SUBDIVISION NO. 5 as recorded in Plat Book 38, pages 38 and 39 of the Public Records of Pinellas County, Florida, and run thence north 81°42'21" West, along the seawall line, 60.18 feet to the Southwesterly corner of said Lot 19; thence South 12°40'00" West, along the Southerly extension of the Westerly line of said Lot 19k a distance of 9.98 feet; thence South 54°21'32" East, along the High Water Mark in Clearwater pass, 65.18 feet; thence North 12°40'00" East, along the Southerly extension of the Easterly line of said Lot 19, a distance of 40.00 feet to the POINT OF BEGINNING.