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10-18RESOLUTION NO. 10-18 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CLEARWATER CHRISTIAN PRIVATE SCHOOL, INC., A FLORIDA NON-PROFIT CORPORATION ; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with a Florida non-profit corporation; 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 Clearwater Christian Private School, Inc., a Florida non-profit Corporation, 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 5rr day of August 1 2010. - Fr nk . Hibbard Approved as to form: Leslie K. Dou al des City Attorney M or Attest: thia E. Goudeau Ci Clerk drat-W Resolution No. 10-18 I_ DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is dated ( 2010, effective as provided in Section 5 of this Agreement, and entered into ong CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non- profit corporation, its successors and assigns (collectively, "Developer"), and the CITY OF CLEARWATER, FLORIDA, a municipality 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 138 acres of real property located at 3400 Gulf-to-Bay Boulevard in the corporate limits of the City, which is comprised of several areas, two of which are subject to this Agreement totaling approximately 131.05 acres m.o.l. ("Property"); WHEREAS, the two described properties subject to this Agreement are hereinafter referred to as "Master Plan Area" and "Mitigation Area" as more particularly described on Exhibit A attached hereto and incorporated herein; WHEREAS, the Developer desires to develop the Master Plan Area with additional educational, dormitory and athletics facilities and associated parking, generally conforming to the conceptual plan shown on Exhibit B attached hereto and incorporated herein (the "Master Plan"); WHEREAS, the Developer desires to place a conservation easement on the Mitigation Area which is approximately 98.99 acres m.o.l. of the Property in conjunction with a mitigation plan approved by the appropriate state and federal agencies, generally conforming to the requirements shown on Exhibit C attached hereto and incorporated herein ("Mitigation Plan"), providing an opportunity for the expansion of the Coopers Point Nature Park (Master Plan Area improvements and Mitigation Plan, collectively, "Project"); WHEREAS, the Developer desires for the City to vacate the right of way and associated access easement known as Damascus Road while retaining an updated easement for the purpose of relocating the road and providing greater access to and from Coopers Point Nature Park; WHEREAS, the Developer has requested a future land use map amendment resulting in a change of approximately 13.35 acres m.o.l. of the Property; WHEREAS, the Developer has requested a future land use map amendment from Institutional (I), Preservation (P), Residential Low (RL), Commercial General (CG) and Water/Drainage Feature to Institutional (I), Water/Drainage Feature, Recreation/Open Space (R/OS) and Preservation (P) for those portions of the Property shown on Exhibit D attached hereto and incorporated herein ("Proposed Future Land Use and Zoning Maps"); WHEREAS, the Developer has requested a zoning map amendment from Preservation (P), Commercial (C), Low Density Residential (LDR), Open Space/Recreation (OS/R), and Institutional (I) to Preservation (P), Institutional (I) and Open Space/Recreation (OS/R) for those portions of the Property shown on the map of Proposed Future Land Use and Zoning Maps; WHEREAS, the Developer desires to improve the environmental aspects of the Mitigation Area while offsetting the impacts of the Master Plan through the Mitigation Plan, as approved by the appropriate state and federal agencies; WHEREAS, the 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, 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: 2 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 Agreement. The Property, as defined herein, is subject to this Agreement. 3.1 The Property currently has future land use map designations of Institutional, Preservation, Recreation/Open Space, Water/Drainage Feature, Commercial General and Residential Low and is zoned Institutional, Preservation, Open Space/Recreation, Commercial and Low Density Residential. 3.2 Developer has requested a future land use map amendment from Institutional (I), Preservation (P), Residential Low (RL), Commercial General (CG) and Water/Drainage Feature to Institutional (I), Water/Drainage Feature, Recreation/Open Space (R/OS) and Preservation (P) for those portions of the Property shown on the map of Proposed Future Land Use and Zoning Maps. 3.3 Developer has requested a zoning map amendment from Preservation (P), Commercial (C), Low Density Residential (LDR), Open Space/Recreation (OS/R), and Institutional (I) to Preservation (P), Institutional (I) and Open Space/Recreation (OS/R) for those portions of the Property shown on the map of Proposed Future Land Use and Zoning Maps. 3.4. The Property is owned by Developer as is evidenced by the deeds attached as Exhibit E. 3.5 The Property is generally located at 3400 Gulf-to-Bay Boulevard, Clearwater, Florida. SECTION 4. Scope of Project 4.1 The Project shall consist of a campus Master Plan, including athletics, dormitory, classroom, parking and educational facilities as generally depicted on the Master Plan, as well as a Mitigation Plan for the Mitigation Plan Area. 4.2 The Project shall include 685 parking spaces, as shown on the Master Plan attached where 386 are existing today. 4.3 The proposed floor area ratio on the Master Plan Area shall not exceed .149 nonresidential area and the proposed density shall not exceed 750 dormitory beds where 3 over 768 would be permitted (using the multiplier of 3 beds per unit ("Residential Equivalent Use"). The proposed height of the Master Plan buildings, as defined in the Code, is a maximum of 50 feet. There is no proposed density on the Mitigation Plan Area. 4.4 The Project complies with the guidelines of the Metropolitan Planning Organization's (MPO) countywide approach and the City's approach in conducting the Traffic Impact Study (TIS). The TIS demonstrates that the adjacent roadway network dose not degrade the acceptable level of service (LOS) as adopted in the City's Comprehensive Plan. 4.5 The Project shall include significant improvements to the wetlands and preservation areas adjacent to the Master Plan Area, as required by the state of Florida and the U.S. Army Corps of Engineers (USACOE). Such mitigation is known as the Mitigation Plan. SECTION 5. Effective Date/Duration of this Agreement. 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.G.2; 5.1.2 final approval and effectiveness of future land use map designations of Institutional (1), Recreation/Open Space (R/OS), Preservation (P) and Water/Drainage Feature on the Property; 5.1.3 final approval and effectiveness of zoning designations of Institutional (I), Open Space/Recreation (OS/R), and Preservation (P); and 5.1.4 final approval by the appropriate local, state and federal permitting agencies of the proposed jurisdictional line as shown on the Master Plan. 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, Section 5.1.3, and Section 5.1.4 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 4 recorded in the Public Records of Pinellas County, Florida at the expense of the Developer. Notwithstanding the foregoing, Developer may request an extension of time, via the Community Development Coordinator, for the completion of these contingencies for no more than twelve additional months. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed twenty (20) years. 5.4 In the event the obligations under this Agreement as specified in Section 5.1 and 6.1.4 are not met, this Agreement shall terminate pursuant to section 10 of this Agreement. 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 attached Master Plan. Any minor revisions or changes to the Master Plan shall be approved by the Community Development Coordinator as a minor modification, pursuant to the Code, including modifications made necessary by a change in the proposed wetlands jurisdictional line, provided such modifications are in accordance with the City's standards for development. Any modifications determined by the Community Development Director as either inconsistent or constituting a substantial deviation from the approved Master Plan 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 Pinellas County, Florida. 6.1.3.2 The Developer shall apply for development approval for each construction portion of the Master Plan pursuant to Article 4, Division 2 of the Code, as amended from time to time. Final approval for development of phases shall not occur until such approval is obtained. Approvals shall be consistent with the Master Plan and the Stormwater Narrative, as attached hereto as Exhibit G, including the requirement of section 3-907 of the City Code for an average 25 foot wetland buffer to proposed development. The parties agree the Master Plan meets this buffer requirement. 5 6.1.3.3 The Developer shall obtain appropriate development orders and shall thereafter timely obtain building permits and required certificates of occupancy in accordance with the approved development orders. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code, Florida Statutes and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.4 The Developer shall be responsible for the following transportation obligations (collectively, "Transportation Obligations"): (i) Dedication of a perpetual easement of approximately 1.01 acres for ingress and egress to the City/Pinellas County property adjacent to the Master Plan Area ("Coopers Point Nature Park"), as depicted on Exhibit F attached hereto and incorporated herein ("Coopers Point Access") and evidenced by a recorded, executed easement. Such easement shall be executed and recorded as a condition of and prior to any building permit for the relocation of Damascus Road, as shown on the Master Plan; (ii) Construction of the Coopers Point Access pursuant to City Construction Standards, as defined by the City Engineer, in conjunction with the construction of the Master Plan; 6.1.3.5 The residential density shall be limited to 750 beds where 768 beds would be permitted in the Institutional land use category using the Residential Equivalent Use of 3 beds per dwelling unit and the Institutional density of 12.5 dwelling units per acre pursuant to the Pinellas Planning Council Countywide Rule. 6.1.3.6 The Developer shall implement a hurricane evacuation plan approved by the City of Clearwater in accordance with the Tampa Bay Regional Planning Council recommendations for evacuation of a student population and include in its published Safety Manual. All students, faculty and staff shall receive a copy of such plan at the beginning of each school semester. All dormitory construction shall meet Florida Building Code standards for construction in a Coastal High Hazard area and shall not compromise the flooding on the adjacent property. 6.1.3.7 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, in accordance with that provision, the amount due under the current Ordinance. 6.1.3.8 Any exterior lighting for the areas on the Master Plan shown as athletic fields shall be consistent with the City Code for similar recreational facilities. All outdoor lighting shall be approved consistent with the approval process in section 6.1.5 and applicable state environmental guidelines. 6 6.1.4 The Developer shall be responsible for applying for, and seeking approval from the appropriate state and federal agencies for an approved mitigation plan in the Mitigation Plan Area. Such approvals shall be obtained prior to the issuance of land clearing and building permits. The preferred method of mitigation is the creation of a mitigation bank as approved by the appropriate state and federal authorities pursuant to Fla. Stat. sec. 373.4136, as amended. In the event that the appropriate local, state and federal authorities do not approve a mitigation bank, the Developer will seek appropriate mitigation measures for the proposed impact as specified by the State, via the Southwest Florida Water Management District (SWFWMD), and the U.S. Army Corps of Engineers (USACOE). These measures shall, at a minimum, meet those standards set forth in the Mitigation Plan, including the establishment of a Conservation Easement over the Mitigation Plan Area. The City shall rely on the approvals by SWFWMD and USACOE for approvals of such mitigation. 6.1.5 All improvements shall be constructed, if at all, pursuant to the Master Plan attached hereto. Any proposed development not in conjunction with the Master Plan shall require an amendment to this Agreement, subject to the limitations provided for in section 6.1.6. Notwithstanding the foregoing, in the event a proposed development within the Master Plan Area is reflected on the Master Plan and conforms to the minimum standard, flexible development standard or flexible standard provisions of the Code, the Developer shall seek approval for such development pursuant to the requirements set forth in Article 4, Division 3 or 4 of the Code without seeking an amendment to this Agreement. 6.1.6 It is understood by the parties that the proposed development and agency permitting process may result in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan. In this event, and in the event that boundary line adjustment falls within the parameters for an Interpretation of District Boundaries under Community Development Code Section 1-1083, Developer agrees to notify the City and the City agrees to promptly process such an administrative adjustment to properly reflect the final jurisdictional boundary line on the City's future land use map ("Administrative Boundary Change"). 6.1.7 It is understood by City and Developer that bald eagle nesting activity has been documented during the 2010 nesting season. Developer shall obtain and maintain any approvals and permits necessary from the United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission ("FWC"), including any required FWC permit for the construction near an active eagle nest, regarding activities to be conducted on the Property and their effects upon bald eagle nesting and other activities, prior to the issuance of land clearing and building permits, and shall further obtain the approval of City's Engineering Department, Environmental Division or equivalent, including a determination that the activities are in accordance with the City's Comprehensive Plan and Community Development Code. Evidence of such permits and approvals shall be provided to the City. Activities shall conform to the requirements of the Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668-668c, and the Florida Bald 7 Eagle Management Program as incorporated in Florida Administrative Code Rule 68A- 16.002, including any minimization efforts and conservation measures set forth herein. 6.2 Obligations of the Cam. 6.2.1 Concurrent with the approval of this Agreement, the City shall promptly process the submitted amendments to the future land use map and zoning designations for the Property as set forth in Sections 5.1.2 and 5.1.3 of this Agreement. 6.2.2 In the event that the approvals required by state and federal agencies for the purpose of setting the proposed jurisdictional line separating the Master Plan Area (and associated future land use map and zoning categories) from the Mitigation Area (and Preservation land use and zoning categories), sets the boundary of the Master Plan Area in a location not consistent with the Master Plan Area boundary attached hereto, the City agrees to the extent possible to seek an Administrative Boundary Change, pursuant to section 6.1.6 of this Agreement. Any amendment to the Master Plan to reduce the amount of parking or setbacks that may be required due to the location of the jurisdictional line shall not require an amendment to this Agreement so long as the Developer continues to meet the standards as required by Code. Nothing herein shall relieve the Developer of pursuing the necessary approvals for the amendment of an approved site plan pursuant to the Code as stated in section 6.1.5. 6.2.3 The City shall promptly process site and construction plan applications, when submitted, for the Property that are consistent with the Comprehensive Plan, the Master Plan, this Agreement and that meet the requirements of the Code. 6.2.4 The final implementation of the future land use map and zoning re- designations referenced in Section 6.2.1 is subject to: 6.2.4.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.4.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.5 The parties acknowledge that the Master Plan Area and Mitigation Area Plan constitute independent sites as shown on the approved Master Plan. Accordingly, Developer may transfer ownership of either Master Plan Area, in its entirety, or Mitigation Area, in its entirety, without the consent of the City as further described in Section 14 of this Agreement. It is the parties understanding that the Mitigation Plan Area will be transferred in fee simple upon completion of certain Mitigation Plan activities. 6.2.6 As Developer proceeds with phased development of the Master Plan, such development shall be subject to the requirements of Article 4, Division 3 or 4 of the Code as may be amended from time to time; however, City agrees that Developer shall not be 8 required to amend its approved Master Plan or this Agreement in order to obtain such approvals. 6.2.7 In conjunction with this Agreement, the City Council agrees to promptly process an ordinance vacating the Damascus Road Right of Way and the existing access easement, and replacing it with the Coopers Point Access. The City hereby acknowledges that Developer is relying on the City's vacation as described herein for the completion of the road network as shown on the Master Plan. The Developer acknowledges that the granting of such vacations is discretionary by the City Council. SECTION 7. Public Facilities to Service Development. 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 any restrictions or credits included in this Agreement. SECTION 8. Re uired Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 9 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. 10.2 In the event of termination pursuant to Section 10.1, or failure to meet the conditions described in section 5, above, the Property shall return to its current future land use map and zoning designations as prescribed in the Countywide Rules, section 5.1.4.3. This obligation survives the termination of the Agreement for the time necessary to accomplish the redesignations. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until twenty (20) 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. 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 10 nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Clearwater Christian College Private School, Inc. Attention: Randy Livingston 3400 Gulf to Bay Blvd. Clearwater, FL 33759 With copy to: Katherine E. Cole, 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 the Master Plan Area, in its entirety, or the Mitigation Plan Area, partially or entirely, 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. 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- 11 compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Coo eration. 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 1$. Completion of Agreement. 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 Agreement. 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 Invalidi . 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 party hereto are thereby limited, to the extent that the purpose of this Agreement or the 12 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. Governing 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. 13 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: A4t4 a za ? Printed Name: 2)c b o wa ? A Cdss a. Oo Printed Name: Ulb A CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation By: Richard Stratton President CITY OF CLEARWATER, FLORIDA By: Pri ed Nam . Printed Name: VAfliam B. Horne II, City Manager Attest: Cynthia ?. Goudeau, City Clerk C *V. ? Frd, Mayor ,ppjo,??vedas_to im ?' ?? Leslie K. Dou al -Sides Assistant City orney oT THE Ili 14 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 3 day of , 2010, by Dr. Richard Stratton, as President of CLEARWATER CHRISTIAN CO EGE PRIVATE SCHOOL, INC., a Florida non-profit corporation, on behalf of the corporation. He is ? personally known to me or has produced as identification. O,?P{?Y PCB LYNN F. SMfrH ' MY COMMISSION A DD 726303 * * EXPIRES:Febnkr 18,2012 ?'rFO? c?o?oP Bonded Thm Budget Notary Services No blic Print Name: on t-. Snn'A STATE OF FLORIDA COUNTY OF PINELLAS j/7? ?A ,???L 65,LVf Q??Aerav e, 017,1 /?I q mq (5EA-, The foregoing instrument was acknowledged before me this 4, day of Ada, 2010, by , 11 as City Manager of the City of Clearwater, Flo who is personally known to me or who _ roduced as identification. !yy DIANE E MANNI MY COMMISSION # D0952018 Notary Public EXPIRES M8rch 08.2014 Print Name: p/1 Q n e 2 (401) 9&0153 FbAdaNota rVl,Wn Exhibit A Legal Descriptions of Master Plan Area and Mitigation Area Exhibit B Master Plan Exhibit C Narrative of Mitigation Plan Exhibit D Project Future Land Use and Zoning Maps Exhibit E Deeds Exhibit F Coopers Point Access Exhibit G Stormwater Narrative 047504.117851 #528038 v12 - CLEARWATER CHRISTIAN/clearwater DVA 15 Exhibit A Legal Descriptions DaMIT "All Page 1 of 6 Master Plan Area L.EGEND/ASBREVIATIONS SKETCH AND LEGAL LB w LICENSED BUSINESS DESCRIPTION R/W RIGHT OF WAY PG/P = PAGE NORTH ORB = OFFICIAL RECORDS BOOK 0 200 400 GRAPHIC SCALE THIS SPACE RESERVED FOR RECORDING INFORMATION w tC O/ w a ? ? m w ca EASTERLY PROJECTION VA OF THE NORTHERLY LINE THE NORTH 1/2 OF THE NE 1/4 OF GOVT LOT 4 SEC 16, TWP 29 S. RGE 16 E RAD: 235.75' ARC: 195.98' C4 CH: 190.39' ' ' ' ' " ' a W 41r S n 13 16 CHB: N18 " ' e; 49 DELTA: 47'37 RAID: 32.00' C4 ARC: C3 CH: 40.04' 37.46' ' " - A,L °o .V ® 0 CHB: N E 03 55 21 '38' ' ? ? o 10 DELTA: 71 38 V h C 3 ` m GOVT LOT 3 GOVT LOT 4 C1 w : 32.06 ACRES \ MORE OR LESS ? ' O . RAD: 5475.83 " ARC: 150.00 .CASTER C2 CH: 150.00' J I o P `? TRACT PER CHB: N83'22'38"E I ' " ' a~ ? O 10 34 DELTA: 01 1 3 P ORB 165, G 2664 :u7 CN N N W GOVT LOT 1 4 ? a w z OLD TAMPA BAY ck: a a w w C] iC2 L2 ~?w 828'46 U S82'3534"W Uj R/W Ct STATE ROAD 60 SAY BLVD pSEWAY RAD: 5525.83' ??f?GULF-TO ELL ARC: 151.37' RTNEY CAMPS POINT OF BEGINNING C1 CH: 151.36' COU OAVIS CAU WAY CHB: S83'22'38"W DELTA: 01'34'10" FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF.3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM SKETCH & DESCRIPTION A WADE TRIM COMPANY - CIVIL ENCINEMG & LANG SURVEYING SINCE 1976 OATS: JULY 12, 2010 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZZ229009tu1 LB 12232 17565 Phone: 386-274-1600 For. 386-274-1602 . RETAINED2.DWG SHEET 1 OF 3 _ 1" - 400' EXHIBIT "A" Page 2 of 6 ?IT "A" Page 3 of 6 SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR LEGAL DESCRIPTION RECORDING INFORMATION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH 'A OF THE NORTHEAST'A OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE I INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO43AY BOULEVARD, COURTNEY CAMPBELL j CAUSEWAY AND DAMS CAUSEWAY) FOR A POINT OF BEGINNING; THENCE S82'35'34W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE: THENCE ALONG SAID CURVE TO THE RIGHT HAVING.A RADIUS OF 5525.83 FEET. AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01'34'10", A CHORD BEARING OF S83'22'38"W AND A CHORD DISTANCE OF 151.36 FEET TO A NON-TANGENT LINE; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05°50'16"W ALONG SAID LINE FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01 °34'10". A CHORD BEARING OF N83°22'38"E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82°35'34"E FOR A DISTANCE OF 75.89 FEET; THENCE. N18°25'35"E FOR A DISTANCE OF 17.60 FEET; THENCE N66'10'36 W FOR A DISTANCE OF 11.75 FEET; THENCE N07'24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27"46'29"E FOR A DISTANCE OF 34.57 FEET; THENCE N22°06'03"E FOR A DISTANCE OF 26.14 FEET; THENCE S85°27'49"E FOR A DISTANCE OF 21.03 FEET; THENCE N00'22'32W FOR A DISTANCE OF 47.05 FEET; THENCE N76*OT09W FOR A DISTANCE OF 10,17 FEET; THENCE N09°14'50'W FOR A DISTANCE OF 49.43 FEET; THENCE N21'51'04W FOR A DISTANCE OF 49.13 FEET; THENCE N61 °45'36W FOR A DISTANCE OF 15.55 FEET; THENCE N39°48'21 W FOR A DISTANCE OF 36.76 FEET; THENCE N03'51'29"E FOR A DISTANCE OF 38.04 FEET; THENCE N011 *01'26"W FOR A DISTANCE OF 39.77 FEET; THENCE N39°14'16'W FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'50"E FOR A DISTANCE OF 6.68 FEET; THENCE N48°07'04"E FOR A DISTANCE OF 21.83 FEET; THENCE N23°43'08W FOR A DISTANCE OF 23.22 FEET.; THENCE N60°13'20"E FOR A DISTANCE OF 17.15 FEET; THENCE N06°42'31"E FOR A DISTANCE OF. 10.05 FEET; THENCE N41'29'06W FOR A DISTANCE OF 13.11 FEET; THENCE N45°22'31"E FOR A DISTANCE OF 25.74 FEET; THENCE N63'18'48"E FOR A DISTANCE OF 23.82 FEET; THENCE N53°55'07"E FOR A DISTANCE OF 49.94 FEET; THENCE NOD°16'34W FOR A DISTANCE OF 56.85 FEET: THENCE N89'4326'E FOR A DISTANCE OF 180.68 FEET: THENCE N00°16'34W FOR A DISTANCE OF 107.99 FEET; THENCE N89'43'26"E FOR A DISTANCE OF 17,99 FEET; THENCE NOO'56'49W FOR A DISTANCE OF 68.66 FEET; THENCE N14°00'29W FOR A DISTANCE OF 71.74 FEET; THENCE N14'13'49W FOR A DISTANCE OF 67.82 FEET; THENCE N14'40'09W FOR A DISTANCE OF 56.35 FEET; THENCE N14'45'24W FOR A DISTANCE OF 33.98 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING, A RADIUS OF 32.00 FEET, AN ARC LENGTH OF 40.04 FEET, A CENTRAL ANGLE OF 71°38'38", A CHORD BEARING OF N21°03'55"E AND A CHORD DISTANCE OF 37.46 FEET TO A POINT OF TANGENCY; THENCE N56'53'14"E FOR A DISTANCE OF 156.14 FEET; THENCE N69°40'42"E FOR A DISTANCE OF 62.82 FEET; THENCE N61'22'43E FOR A DISTANCE OF 14.89 FEET; THENCE N71'52'59"E FOR A DISTANCE OF 82.57 FEET; THENCE N73-20-51"E FOR A DISTANCE OF 53.45 FEET; THENCE N06°1 2'39"E FOR A DISTANCE OF 89.41 FEET; THENCE N89'59'27"E FOR A DISTANCE OF 139.90 FEET TO A NOWTANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 235.75 FEET, AN ARC LENGTH OF 195.98 FEET, A CENTRAL ANGLE OF 47°37'49', A CHORD BEARING OF N18'16'1 3W AND A CHORD DISTANCE OF 190.39 FEET TO A NON-TANGENT.LINE; THENCE DEPARTING SAID CURVE N59'58'40'E FOR A DISTANCE OF 98.98 FEET; THENCE N59'58'40'E FOR A DISTANCE OF 36.67 FEET; THENCE N59°58'40"E FOR A DISTANCE OF 39.40 FEET; THENCE N59'58'40'E FOR A DISTANCE OF 62.41 FEET; THENCE N18'16'39"E FOR A DISTANCE OF 25.85 FEET; THENCE N1 9'31'42W FOR A DISTANCE OF 33.69 FEET; THENCE N45°49'14"E FOR A DISTANCE OF 53.28 FEET: THENCE N79°47'39"E FOR A DISTANCE OF 26.81 FEET: THENCE S89°45'54"E FOR A DISTANCE OF 74.24 FEET; THENCE S60°10'21"E FOR A DISTANCE OF 67.91 FEET: THENCE. 890'00'00'E FOR A DISTANCE OF 67.11 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE SOO'OTOOW ALONG SAID SECTION LINE FOR A DISTANCE OF 659.12 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE DEPARTING SAID SECTION LINE 389'30'50"E ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR A DISTANCE OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID EASTERLY PROJECTION ALONG SAID CHANNEL THE FOLLOWING TWO (2) COURSES; 1) THENCE S43'23'49W FOR A DISTANCE OF 763.40 FEET; 2) THENCE S44°38'51 W FOR A DISTANCE OF 490.96 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL CONTAINS 32.06 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J-17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE. KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR/MAPPER X76105 WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING & LAND SUaVIEYwC SINCE 1976 DATE: JULY 12, 2010 1410 LPGA Blvd., Suite 148, Doytono Beach, FL 32117 ZZZ229009M LB 12232 117555 Phone: 386-274-1600 Fox; 386-214-1602 RETAINED2.DWC SHEET 3 OF 3 KJK EXHIBIT "A" Page 4 of .6 MITIGATIGN AREA SKETCH AND L.EGENDIABBREM77ONS LEGAL DESCRIPTION LB = LICENSED BUSINESS' R/W = RIGHT OF WAY 1 NORTH PG/P = PAGE THIS SPACE RESERVED FOR 0 200 400 ORB = OFFICIAL RECORDS BOOK RECORDING INFORMATION I I GRAPHIC SCALE f S52'41'38"W 97.82' NORTH LINE OF SEC 16-T29S-R16E } N89'32"51"W 81.65' N89'32'51'W I S52 '42'01"W C5 RAD: 418.31' 2136.42' mW 73.01' ARC: 208.37' ' CH: 206.22 CHs: S38.25'25"W W ° N N DELTA: 28'32'27" THE NORTH 1/2 OF THE NE 1/4 E ° n C6 SEC. 16, TWP 29 S, RGE 16 31' RAD: 268 . ARCz 243.90' ° 2 v I CH: 235.59' CHB: S26'39'08"W f DELTA: 52'04'59" 98.99 ACRES RAD: 235.75' ARC: 195.98' a W ! MORE OR LESS C4 CH: 190.39' " ' Sy 4 z 13 W CHB: N16'16 ' " ' 0 a3 . 49 37 DELTA: 47 W _. W ° RAD: 32.00' ' C4 i ? 3 C3 ARC: 40.04 CH: 37.46' ,n P RAD: .5475.83' ' 4611 CHB: N21'03'55"E m ,"y °0 r' ARC: 150.00 ' , DELTA: 71'3838 W o ri C2 CH: 150.00 IQ CHB: N83'22'38"E o _ N DELTA: 01'3410". C3 \ GOVT ! f F RAD: 5525.83' CLEAR I ' ?? WATER LOT 1 C1 ? - . ARC: 151.37 CHRISTIAN CH: 151.36' GOVT LOT 3 GOVT LOT d CHB: S83'22'38"W I _ COLL EG DELTA: 01'34'10' I I = ` v I rc. $89'22'57"E ' I G TAMPA' BAY . 344.66 I a?9 POINT OF BEGINNING I Doom= Y O Pay ' I N n I 1 I o EASTER °° TRACT PER I + 2664 - ?• 0 .a I ^. l ORB 15135, PG Q o. rJS5 3 v w c o r4 C7 _? 8213.46! N R/`M Cl J - -~ ST AYE ROAD 60VD 13AY B Y % RAD: 5525.83' ULF-TO_ AUS6WA c AMPBELL G ARC: 488.01' Y C CAUSEWAY CpUR? p POINT OF REFERENCE CH: 487.85' ANS f CHB: N86'41'32"E DELTA: 05'03'36" FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 I -FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM SKETCH & DESCRIPTION A WADE TRIM COMPANY - CIVIL ENGINEERING & LAND SURVEYING SINCE 1916 DATE: JULY 7, 2010 FL 32117 h B , eac 1410 LPGA Blvd., Suite 148, Daytona OVERALL Phone: 386-274-1600 Fox A-274-1602 LESSX DWG ' SHEET 1 OF 3 1" = 400' . 7565 LB 12232 x FXR= "All Page 5 of 6 EXHIBIT "A" Page 6 of 6' SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH Yt THE NORTH 1( OF SAID SECTION 16. PINELLAS COUNTY, FLORIDA. BEING MORE. PARTICULARLY DESCRIBED AS FOLLOWS: OF OF T ENCE TH THE INTERSECTION SECTION THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, COMM AT OF NTH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN 2'3A5S. GULFALO - SAID NORTHERLY RIGHT OF CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A'.PQINT OF REFERENCE; FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A' RADIUS OF 5525.83 FEET, AN ARC.LENGTH OF 951.37 FEET, A CENTRAL ANGLE OF 01.34'10, A CHORD BEARING OF $83'22'38'W AND A CHORD DISTANCE OF 151.36 FEET TO THE POINT OF BEGINNING OF 7WS DESCRIPTION; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16V FOR A DISTANCE OF 50.00 FEET TO. A NON-TANGENT CURVE; THENCE ALONG SAID CURVE 70 THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01'300•, A CHORD BEARING OF N63'22'38'E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY;. THENCE NB2'35'34•E FOR A DISTANCE OF 75.89 FEET: THENCE N18'25'3 5T FOR A DISTANCE OF 17.60 FEET; THENCE N66.10'36'W FOR A DISTANCE OF 11.75 FEET; THENCE 1407'24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29'E FOR A DISTANCE OF 34.57 FEET; THENCE N22'06'03'E FOR A DISTANCE OF 26.14 FEET; THENCE 585'27'49'E FOR A DISTANCE OF 21.03 FEET; THENCE NOO'22'32'W FOR A DISTANCE OF .47.05 FEET: THENCE M76-03-09-W FOR A DISTANCE OF 10.17 FEET: THENCE N09'14'50'W FOR A DISTANCE OF.49.43 FEET; THENCE N21'51'04'W FOR A DISTANCE OF 49.13 FEET:. THENCE. N51'4536'W FOR A DISTANCE OF 15.55 FEET: THENCE N39.48'21'W FOR A DISTANCE OF 36.76 FEET; THENCE 1403.51191E FOR A DISTANCE OF.38.04 FEET; THENCE N01'01'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N3914'16-M FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'50'E FOR A DISTANCE OF 6.68 FEET: THENCE N48107'04'C FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'DB'W FOR A DISTANCE OF 23.22 FEET; THENCE N6O'13'20'E.F0R A DISTANCE OF 17.15 FEET; THENCE N06'42'31'E FOR A DISTANCE OF 10.05 FEET: THENCE 144179'06111 FOR A DISTANCE OF 13.11 FEET; THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N63'18'481 FOR A DISTANCE OF 23.82 FEET; THENCE N53-5507E FOR A DISTANCE OF 49.94 FEET: THENCE N0016'34'W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'26E'FOR A DISTANCE OF 180.68 FEET; THENCE NOO'16'34'W. FOR A. DISTANCE OF 107.99 -FEET; THENCE 1489-43'26'E FOR A DISTANCE OF 17.99 FEET., THENCE NOO'55'49'W FOR A DISTANCE OF 88.66 FEET; THENCE N14'DO'291W FOR A DISTANCE OF 71.74 FEET; THENCE N14'13'49'W FOR A DISTANCE OF 57.82 FEET; THENCE N14'40'09'W FOR A DISTANCE OF 56.35 FEET; 714FNCE N14*45.24V FOR A DISTANCE OF 33.98 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 32.00 FEET, AN ARC LENGTH OF 40.04 FEET, A CENTRAL ANGLE OF 71'38'38. A CHORD BEARING OF N21'03'55'E AND A CHORD DISTANCE OF 37.46 FEET TO A PONT OF TANGENCY; THENCE N56'531 4E FOR A DISTANCE OF 156.14 FEET; THENCE N69-40'42E FOR A DISTANCE OF 62:82 FEET; THENCE' 1461'22'431: FOR A DISTANCE OF 14.89 FEET; THENCE N71'52'59'E FOR A DISTANCE OF 82.57 FEET; THENCE N73-20'51E FOR A DISTANCE OF 53.45 FEET; THENCE NOG'12'39% FOR A DISTANCE OF 89.41 FEET: THENCE N89'59'27E FOR A DISTANCE OF 139.90 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 235.75 FEET, AN ARC LENGTH OF 195.98 FEET, A CENTRAL ANGLE OF 47'37'49', A CHORD BEARING OF N1816'13 W AND A CHORD DISTANCE OF 190.39 FEET TO A. NON-.TANGENT LINE; THENCE DEPARTING SAID, CURVE N59'5B'40'E FOR A DISTANCE OF 98.98 FEET-. THENCE. N59.58'40'E FOR A DISTANCE OF 36.67 FEET; THENCE N5958'40-E FOR A DISTANCE OF 39.40 FEET; THENCE N59'58'40'E FOR A. DISTANCE OF 62.41 FEET; THENCE N18-16'39E FDIC A DISTANCE OF 25.85 FEET; THENCE N79'31'42-W FOR A DISTANCE OF 33.69 FEET: THENCE 10445-49'141 FOR A DISTANCE OF 53.28 FEET; THENCE N79"47 39'E FOR A DISTANCE OF 28.81 FEET: THENCE S89'45.541 FOR A DISTANCE OF 74.24 FEET; THENCE S6010'21E FOR A OISTA14CE OF .67.91 FEET; THENCE S90'00'00'E FOR A DISTANCE OF 67.11 FEET TO THE EAST LINE OF SAID SECTION 16. TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE NOO'00'OOE ALONG SAID SECTION LINE FOR A DISTANCE OF 663.42 FEET 70 THE NORTH LINE OF SAID SECTION 16; THENCE DEPARTING SAID EAST LINE ALONG SAID NORTH LINE N89'32'51'W FOR A DISTANCE aF 2136.42 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 418.31 FEET, AN ARC LENGTH OF 208.37 FEET. A CENTRAL ANGLE OF 28'72'27. A CHORD BEARING OF S3B'25'251N AND A CHORD DISTANCE OF 206.22 FEET TO A POINT OF TANGENCY; THENCE 552'41'38-W FOR A DISTANCE. OF 97.62 FEET; THENCE N89'32'51 W FOR A THDTANCE OF E CE al.65 -WAY LINE EASTERLY S52'42 01114 FOR A DISTANCE OF 73.01 F EEET TO A (POINT VARIABLE WIDTH RIGHTS ALONG OF CURVATURE: THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET, AN ARC LENGTH OF 243.90 FEET, A CENTRAL ANGLE. OF 52104'59•, A CHORD BEARING OF S26'39'05'W AND A CHORD DISTANCE OF 235.59 FEET TO A POINT OF TANGENCY; THENCE $00'37'03'W FOR A DISTANCE OF 1318.55 FEET TO THE NORTHERLY LINE OF LANDS KNOWN AS THE EASTER TRACT, PER OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE DEPARTING $AID EASTERLY RIGHT-OF^WAY LINE S89'22'571E ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 344,66 FEET; THENCE CONTINUE ALONG THE BOUNDARY OF SAID EASTER TRACT S52'12'03'E FOR A DISTANCE OF 572.80 FEET; THENCE SOO'46'40'E FOR A DISTANCE OF 191.08 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED STATE ROAD 60 AND A NON-TANGENT' CURVE: THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE, ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT HAWING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF. 488.01 FEET. A CENTRAL ANGLE OF 05`03'36', A CHORD BEARING OF N86'41'32E AND A CHORD DISTANCE OF 487.85 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 98.99 ACRES, MORE OR LESS. 1 HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL' STANDARDS AS SET FORTH BY. THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J-17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE. KENNETH. J. KUHAR FLORIDA PROFESSIONAL SURVEYOR/MAPPER x'6105 WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING do LAND SURVEYING SINCE 1976 DATE: JULY 7, 2010 1410 LPGA 81vd, Suite 148, Dooona Be0ch, FL 32117 LB ,#2232 17565 Phone: 386-?74-1600 Fax: 386-274-1602 SHEET 3 OF 3 F KJK Exhibit B Master Plan _ A a e M 11 1 1 1 1 1 A k f ? a d I L s B a s = a a o n : gY ° fi s E ' 9 i 4 a e ? r A V I IF Ir ?ga Eta 'ER CHRISTIAN COLLEGE PRIVATE SCHOOL INC_ :».d.. ° 3400 GULF TO BAY BOULEVARD CLEARWATER. FL 33759 WAIlMt11M CAMPUS IMPROVEMENTS •, wt^„R? J,,, MASTER PIAN ? b?...M .wn ..rr ??....rr.?.. Exhibit "C" Mitigation Plan Developer agrees to mitigate the impact of the development that may occur in the areas formerly classified as Preservation on the City's future land use map and now classified as Institutional pursuant to this Agreement, state and federal permitting agency requirements. Developer shall: 1. Upgrade entire site's stormwater facilities within the Master Plan Area. These upgrades will include but are not limited to: • Providing water quality treatment for several parts of the campus that discharge untreated stormwater directly into the surrounding mangroves and Tampa Bay; • Improve the effectiveness of the existing wet treatment pond adjacent to Cathcart Hall by eliminating its ability to commingle stormwater runoff with daily tidal inflows/discharges; and • Eliminate frequent nuisance flooding within some of the parking area, classroom and administration buildings. 2. Make application to Southwest Florida Water Management District (SWFWMD) and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank within 60 days of final approval by the City of this Agreement. The proposed Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay area water basin. The credits will be derived not from the creation of new mangrove area where none currently exists, but restoration of existing mangrove habitat that, depending on location, is moderately to severely-impacted by sedimentation, mosquito ditch dredging and spoiling, and loss of adequate daily tidal flow from Tampa Bay and Coopers Bayou. The restoration effort will focus on improving flows through the mangrove by upgrading the culverts under Damascus Road, removing sediment and muck, and sculpting the sides and bottoms of select mosquito ditches, creating a branching system of tidal creeks that improves ambient water quality and ecological habitat. Secondary effects of the branching creek system will occur through improved daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange characteristics that existed before the construction of the Courtney Campbell Causeway; and improving the flow characteristics within the mangrove by demucking, widening and creating a branching tidal creek system within the mangroves. The Mitigation Bank shall be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62-342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate mitigation strategies necessary to achieve the maximum mitigation within the Mitigation Area. An appropriate number of credits would be used to compensate for wetlands impacts associated with the Developer site improvements. 3. Place a conservation easement over the Mitigation Area, in conjunction with city, state and federal permitting. In the event the state and federal agencies approve the Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, in the event the City does not wish to take ownership of the Mitigation Area, to another government or conservation organization, in fee simple, for the purpose of expanding the Coopers Point Nature Park recreation area (subject to approval of the USACOE and SWFWMD). 4. In the event the state and federal agencies do not approve the Mitigation Bank, or, in the event approves the Mitigation Bank but does not rate the proposed restoration adequately high, limiting the number of credits available for purchase to the extent that the Mitigation Bank is not financially viable, Developer agrees to proceed with individual mitigation projects, as permitted by the State. Such activities may include: a) Upgrading the existing culverts under Damascus Road to improve daily tidal flows through the existing mangrove; b) Removing muck from select mosquito ditches within the existing mangrove to improve tidal flow and/or ecological habitat; c) Removing sediment and muck along an alignment of select mosquito ditches to simulate a branching system that improves tidal flow and ecological habitat. Secondary effects of a branching tidal creek system will improve daily tidal exchange in Coopers Bayou and partially restore its natural hydrologic characteristics. d) Improving campus drainage facilities and eliminating discharge of untreated stormwater runoff to Tampa Bay. 2 Exhibit D mill sill rno e I R Z0 ?o ? 3 ? p n my ?o a FL ?n Exhibit E Deeds (All recorded in the Public Records of Pinellas County, Florida) 1. O.R. Book 2356, Page 748 2. O.R. Book 4248, Page 1055 3. O.R. Book 4248, Page 1059 4. O.R. Book 2465, Page 102 5. O.R. Book 10311, Page 1231 6. O.R. Book 10778, Page 1420 7. O.R. Book 10214, Page 919 8. Deed to Easterland Properties, LLC, OR Book 16135, Page 2664 -9. a-ki wa?f?dV w .+a?..rw wr+wrw M'ns?. ' M irr..ni, sa e..•.-r.+r. ff..+da ? f 'r''^T_ `- rv ?aa •a . ?y Madefwif. 29Cii' dws>< 1Mx"CIi 4% A. L±. +a 6G 'bmvP .n mmaW31 B.: M=M. W aLi4ita rt4uCt aid' ? -?=. ?a . ? .+rsdcai? R 71 p•.er- lass 'ai •±.a fAa+ f?r+?.•'e"?7 ?R WAVA Moor , ow." :. ?]QaCttale .Lo itx proawar+•. at ? .+ tso? - l +mori'mms as?"Jl. .C3L;; -- Cogms. $k?Rltis`ia1f ++M ?.rJJ??''.sYr+.M."` Ca Xmb2m*e*. 1AR'fC0 "-a pare KIM o4: ?1{- 4•f7f .i7a?. ?..? rn .cor s .w?rpt 3f ..r! b?i3.diA +r tiM+Cf i[i by ONS sr:d par: t rl C fCtnd pa"' TT.S asy±M v?+t•ta? is' p; ?• e4ad• `-rt g:a?rna•-yotw4i a d sod b Mr s+rWOM Y nF *Idk ee++d_,'off ISL aa?•?+e ?arwu-. .? Ml+wlrfq- a.rd, s.fuw .+n..Arxwp >Gsrnaf-p- ?'f:rfea4 •t ,•++» s?a<rt -ow Go srpaammt Lot 4 !.a the W n ccast I/W.Or ?.tattari 16, TC0jrY_ L . 29 9„ a 16 - E '.az a n `»is. Ot %b0W 3*xtba": 30 . OS .-f-hft NOrtja- east: 2^. ar S4M*4_ 16.,+ *1bWwM1WLp " S M.,26'9 , ,It3F alr 010 axw Ater X33" . Cosm ?: 2larxdft, • balim :arl aa4a as - ron* ris s . 3t4L*b alt vbm Northeast. Comer O! Dates nt Wit. ?. 'in Ulm. lio*tftgdt .3^..CS a"- - tXav . 16-29-16 .Tarr • a P.0.13 *ad 3a SOU%h 00 dog 02 Aln t2 gFoa %L. 558,4 't=at .eR3 tae 0fts4 lute Ott "?Wd Gwwar=w" Lat 4 thena* iP Iftrox. S9 des --to ,min 26 see fatwt,- 500:00 '=aastg- thence W'S SautS I dog less 31bi-mvrY?r r. t .. .... 29 -? t* aia v, 453.37. 3x feet tc? a:, po m% aas fray i :aesa or Cow^tfta9 Oarw "US 1 g a- 4 nth ?? A66 38• min 52 a*a V, 302.52 Test &1 saLA , 7?L s -4t'-mr?Y. 1!88!83 _ , s 6a :orth 4aS 02 ?? a2 aea ?,' 3 20 et; 'tree 4p. Soau?'ag : dog 5T m1h . ;9 ate' 3?Rat'rs ' =.OO' fast s..;ao2 t- a a the 0"t I7?ias..air the Est: Mai; U% or . tbm'Kbv*bft&st 3^ or - _%"trxo,ta - x6; tie Oo 30*th. 00 der! 02 n4sa 42 & 00 Yisie:W.- 729.3 :test a2ar. ,saLcY eases 1?1Ys tO..? .?•+?.?1. _. r oS zeavrd. K . SubJe ,t to p--ramie maaeg .x :-•aasa-of• *van awte. - - $a. "iffmm umb to 2&0 tke ¢mm w, '% aw! V*h all fits L m"Caseanf. ft -*%d ?ew+etn+ ?Fe?-eri he+r+nq: ,.^ +ryyr?lr;se Kr el+a sad jiers S of *r smwor4 p6re_ : to ad *`!? Efrv par: do ilk! R' war*ah? s fr?a•e+a:d - sts:gna ?nadsr, a+X+ she rafd ?? is +.:rd and will daf?.d eRG. Stifr+s egr'?e+ fife eaw[{ri ik?:T of ati pwr^.er s whomsorVir 9-r! yr uE fns ide++f+i parr a.?:a a+t fL!a pQynver: fJC! f Fx pre roar ?96S7sC7 s t-.:T s.T yea.-s awd s K 14M ?r rlae fr ar peer NO VW, NaC"'. t =,tta?Lr hand A . and seal- e? daLl :rsi rse: "ea s $ae-ed a•+? efe!• -.-Krs an !'rrs ?esi c-? lY ?• _44015-?.. ? tGw?t• •af• .: .:?" .. -. --?: ?Ef Twee On ?-s ci+ prars.:r+a:LY appe?+cnd Sears .-x. sri r?f1Ccr .+?'Y aserearixec: v; m&flzfdP -vtlfe ar>G taka ae3c+ow;adg:nirs -r Ili ar:s , atrga4 az-3 uF xh= S. .. to Cm. ? fef?ra - f. to f-ft ovso- s 0-* • in and Z:.Ctt><ed +`e se'SS/ edr sdaier-mb was refer"Ialf QMt!l?sS;rnyr riarM3 ar? c+r?e: saaL .tas,?a+?;,,'!./,f/??y/y, r G+ 1 1 7 i j. a i j i { _ ?11 i d_ I i F d f i ry. Between V 42411 wd0ft . WARARIM DEED THIS INDEWPURS, Wade this L=day of December, 1974, DERWIm B. &4TTR.. it. Joined by his wife. LINDA S. 8l LTH,- resid°ing'at 968 Monterey Point of the City of St. Patexabulyg ty of Pinellas, aisd State of Florida, Parties of the F11eat Part. and -CLSARiOSTZR CHRISTIAN COL JWR PRIVaTZ Smio='. INC.. A Florida corporation, .3400 Gulf to Bay "alevard.Clearwater. Pinellas County, Florida, 33SI9..Party of the Second J?brt. IYITNBSSB'TN, that the `aai'd Parties of the FLrat Part. for 'and 'in.eoneideration of the nun of ten dollars and other valuable cpn+ sideration to them in.hand'paid'by'the. said Party o£ the'Secoud Part, the receipt whereof is hereby ac3mowledged. have granted, bargained, and sold to the said Party of the Second Part. -L" successors and a p aeaigns forever. their- undiVLde4 one half interest In' and to the e.? -• t a following described land being described as folloavss:.i " j K3 •as. Being a paspel of land itt the of the XB% of section 14, Takwhip 29S, Range 16B... City of Ct6arwater, Pinellas County,— Florida. s being described as follows. Start at"the 58 corner of the. NM of the N$? of Section 16-29-16 and go N 008 . 02' 42" 8, 719.331 along the . } east line of said Nth of the HE%. of Section 16 to the P.. .O. a thence go g 89' 57' 18" W, 900.00': thence-go N 00* 021 42' Z, 609.58' to a point on the north line of aaid Section 161 s . •r thence go S 89` 32' 56' it, 900.02' to the NR corner 3 skid Section 16, thence-go s 00° 02' 42" w, 603.20' along the-east line of Section-16 to the P. 0. B. Containing 12.53 acres more or less. • ," ?,. .. i ' '" f.:= ??:'?? is-•' :'`; ?.:?'• Y = J .}'?s ^- 1? •• '; ^-:• ta`s,lix Ili. . J' , i 4 j 1 t . Y' i And the said Parties of the Axst Part do.here* fully warrant . r the t? tie to aeiti land, and will defend the same against the la.rEul : + f•• ciaaas of all persona whowoever. Signed.Bealed and de7ivered,tn th.q . praseme of : f81Ci1L1 .. _. Lti . : • • t D 8. S?li'?. - ' . BEtatdM yy{?// //77?? K? k )? ti 1 1 " j lt 1 . , 9 [ • T - F . I 4 .C-.?r ' V . .._..._ E rig:. STAYS OF FLORIDA ) i cqum r op. rr mum ) ss .. :i PMRMC Cgimlyr, that On tIds day. beforer. M. an officer duly! authorised in the. stars aforesaid and in the County aforesaid to take . ackswaledgments..peracnally appeased bBRWZW H..SlIIxH, IS, jait?ed by :;a•r i hl,s Wife, LUM s. 9WITO, to me kmown to bs the persona described it? aud.'who executed the faregoim ins,"Yumient and they acknowledged befose' F we that they executed the same.. ?? ' t WITtMSS.my hand and official seal in the -County and Stake last ; ' - r f aforesaid this 4= day of necember,, L974. i my Ccwmisaion Expires: •°' i ' P*eka goo d loam -f J .. i 0. 1.1248 rudLOSS ' AMMISTRATOR'S 0ERD t ` .at % TBI$ INDENT SIRE.. executed this 17th day of December, 1974,. f between DERWIN B. 9dI.TH; II.. Adm trator of the Estate of Derwin B. Smith, Deceased, Party of -Che First Part, and • ;'r. z • 7 ?s :CONSERVATIVE CHRISTIAN MVATE SCHOOLS. INC.: a- Florida corpora.1, tion, as Party of the Second Part. whose address to 3400 Gulf to, Bay, Botlevard. Clearwater. Pinellas County, ,Florida. 33519, .•rc V-1 T N 8 S S' E T'H• Party of the First Part. pursuant to order of the Circuit Court of Pinellas County. Florida. dated the 16th daY'of Dece"or...' 10,74. and'in consideration of the premises in the sum of TEN and no/LOO ($10.00) DOLLARS and other good and valuable•considerations•. - in hand paid; grants, bargains. aells, aliens, premises, releases. .4;.g conveys,,and confitas co the Party.of the Second Part. and to its assign$ forever; that certain real property situate in Pinellas County, Florida, more particularly described as follove- -- • c:::t Part of Government Lot 4 dn.the NE 114 of. the NB l/4 of Section 16; Township 29-S. Range 16 E. City of Cleacuater, Pinellas. County. Florida. being described,-as follows: Start at the SE corner of the HE 1/4 of the ' HE 1%4 of Section 16-29-16 and ggo.N 00' 02' m - 42" E, 719.33' along the east line of said --+ ' - ' NQ 1/4 of Section 16 to the •+ NE.1/4 of the P.O.B., thence go N 89° 57' 18" W 900.00'= ?. ? ' to a point thence -go N 00° 02. 42" B.-609.58 on the. north Line, of said Section 16; thence S go S 89° 32' 3611.1k. 900.02' to the NE corner a !.. of said Section 16. thence go S 001 021•42" W,, 603.20' along the east line af•Section 16 to { the P.O.W. Containing 12.53 acres more or less. ?. TOG"MR with all and singular the tenements, heredita- ments and appurreeancee belonging or in anyafae appertaining to . that real property. TO HAVE AND TO HOLD the same co the Party of the Second Part. and to its assigns, in fee simple forever. AND the Party of the First Part does covenant to and with, - the Party.of the Second Part. irF:.sasigna, that in all things t -( preliminary to and in and about this conveyance the orders =d °7 i t ? x 3 d 4 248 r1rli080 of the above-nsma4 Court and the. Laws of Florida have been ` xfoliawed,and complied vich.in all respects. , IN WITNESS WEREOF. the.Warty of bbe First Part has set his hand and seal on the day and year first above written`; ?• t ls?l e ?SF.Ai.) is SC8t0`. ?? 'I of the-gat ate o Derwin B. Smith, Deceased Signed. Sealed and Delivered In. the Preseaceof; r A: 9 all % !0R1 A *S q .4 STA'I'R OF VWRIDA !;I -r rs 1? e'4:?.. ?j? •? :? -as COUNTY OF PIMMLA,S ) , t i } °: •"F ' I HEREBY CBRT1(FY that on this day . •, ., } parsonall appeared before- _ _•.? - Rte, an officer duly authorized to administer oaths. A=d take ? .• :. acknowledgments, DMIN B. SMITH, .It, as Administrator.of the Estate of Derwin B. Smith-, Deceased,-to me well known and known to me td be the person described in and who-executed the foregoing 9 ' Administrator's Deed; and he acknowledged before as that he A {-• executed the some for the purposes therein expresaed: .- s WITNESS my hand and official sedl at. SC. Petersburg, Pinellas ' County, Florida. this 17th day of December, 1974. .- a V- } Hy Commiasion expires- W,, M" 31, WS sa A$fb A y i 66 79169 c it .G^4 "5 mm302 QUITCI...AIM DEED I 7 - 3 4 a f THEM .L•:c7 :3 L.*? E. z- tee tt?s 00, Aaz?k day of Sa ber-. D. 1"sSS. sste.eea ?e ;-TT OP CL.EARWATER" FLORIDA. A mumidipul corporstlon.. parry aff xa :br;t rsa:, acd CONSEAVATrt/E GMWTAA W PRXVATE SCIXOOLS, AKC.. a r1cw 3s. corpaorattosi, Hoyt Ay Cleas-Aater+FRB:33517 .2f the c" 7 Pirreida s anct Ssate of. Florida pare` IprzTMC5=TV T'hat sae said party vd the rsrst pare. fat and in aimsideraldon ad tibe ww-- Jr Qkw Dollaws. in band paid.by the said party :' of the second paurts ..:.e rxed'yt -were.4L is hereby acknawrted'ged.• hash. westdse:d, releasaod and 9-ite1almed. aMet taewe pxssenrs .dods retttise..?eleaae!?'quitclairii ifetin the said party .f •":e se_xd par:. ano its vwna Assigns iorever. 0611 the ri?_t• 'ur==s. +s:brest, cxafsss aaad dergattd whleia the said party of the Elrst part Fasts - er: : t s e ; ::s xig d4Scribed tot . piece at parcel of viiid, attui:e tiring -0_. e:ag'E ::se C r?.ty '.f ?)uellas... irate of Florida. it* wit. A3: %L&z part of Gavezament Z.at.Qae (1) iA 5eation des' i5. Tow 466 dp Z9 S0vth' Range 16 East. lying SOMUL i '? p f iaL Easverly projecxioa of the :forth linty of Geverarwent goo "es.. . L+vs rmv (4} in! Sectton 16..• Tows "%Ip Zg Saaeh¦ ttange . i 5 Last. wbich projection'is &=ended to, the Soap water Ar etaar e I Wf T yan Zia " includir, rn Pa Y 3 ft" 'aipariasa riphtr. 77 ,MWE A2:? TO HOLD dto sa.mo.- %*gather with all an4 singular. the app=sItr.•a:.ras tsarAir=za ttlcrging air in anywise arpestaintng. "d all, the estate, rigxt. titie. ix:-r-Zwerd Trim wh,axseever of tha said panty of the first part, elthar in lavr gr L_s ?lr rrnlij ? ?31is merit and yahe'ef of ttae•said,party' oL the rant jai frt. its and assigns forever, IA77 ESS IM-REOF. the said party of rho first part has a used these p•reseaxs t: 3s sxarm.*.sd is fss.:arye by its city Manager. _-ity Cterks countersigaad by its Ma9.i-C:-r:;ssiuasr, and approved as to farm and correctness by its Ctty AMOL,ze . t~.el ftz e.?r.rats seas: to be h Vewito attached, thea, day and year first abzrw,b svri_t . CITY OF CX„EAttWATEYt. FI.CftlaDA may: Cc•:eaa3City Maria Attest- ax- r:.?:silmxsr :Sty. Clerk - . ?nzd. aeait%-a:r }*:iverad in presence of: r .f -n-. s' e ?- S ?A t----FLOP. I Q A ? = iE 9G TF X A"rovad as to f rm anZ cnrrectnbas: ltx A arney. u 8 . 3 { i ?. NWI03 . STA-va as $'LORiDA ! CCiJNTY Or tamEL-1.A3 ) . . _ my dMRT T. that! va• sif t day'eE 6atera =aa vows allot sppa?a?red *imwr ]?C: Sw?!•est, Herhari , •3 xa?ssr- " D '1Sbb 6 ' . . 5....G.:w? attic°~ ?_ r+Cairxii sidaar ai City ltadsiaY? Cs?t?? ActaraaSr. city Cler3e_wadal±Lsjj? . lae Sdse t f e T t sspsat s tsweia'jjssl corpoe+atfas .?aatf?3j'-uaadar the Lstrs'.a ' whet b.0 the fiadiv3dds? aad dti ars dewsri6ed ;a aad ma 3taomma to t . 4 d f'igs3d t.. • eatec?atbd the ?a?r. sau'reyas?sa Lb t tia ;st3ea'Frir?wte Sa4oa7a1. Ia¢..• : *`]Qrida ads p d - - Ck GLC a: aa. C ez?tiise and aevstsllX a?ekao+rlad8ad ?e axeaUACM t%sswO is be their isae $ct sad awe sa3$ %nvaf4pa4 tha =sflWA-al sasl of d ;kbar d - . , : autu ?u4"b d8ee= eborevaata duly butboriue aid aassve)'asEev #s cue act eAd died e as s Gorposxlivn fis dv]y afBaeAd tbartto. mad t of said cvrpQraa;oe. lFamt*zra and e?[Br,C404 ra03 a% Clear aster •%a the Cawiy OS . wrm=s3 my •sl ' pi"Uats arad San" d 3r?%&Ctda. %Uw 4A 7R?year w +sbevn vrritt«o. _ c State F3 da at arga My Comilseian iF.Mpiraa_ .. rirf?7 r.an Etisvvs T. i2.. _ _ :iA16wC"'o?`'"? Wa.T.Y"K? .,LJ.. 4 Lt d - F1 f . ? eO 2 a i :t 7 9 . •y .. •vZ:V:k'..J??:j?•?????.?i??iti ?i•. St •,. ?•. '.?. \f ... .' r s MST 0 95-332660 NOV 4, 19$9 THIS MMMEYY1,tR "XV STAND RtM" TO. ?M SMPIMN X BAKER ALLAN & SHIPP, P.A. P INELLAS C Attorneys at Law - OFF •R P13 L381 REL •0 . ° 667513th Avenue North, Suite 2C KFC St. Poterabarg, FL 33719 MV aGT a 89"971.36 :1 - ??'4 . ?. ?. - WARRANW TEED i P INELLAS. CWNTV t? LFI . 'C+ (MVO OFF.0EC.t1K 10911 PO 1931 r V ?. -THIS WARRANTY DEED made this day of DERWIN IL S1VG'fH, iL it married person M whose address is 4715, Overtook Mitre N.F,St. Petersburg. FI. 33703. and . t+ .. . w LINDA BRAGG, a mnrt•ied penon,' formerly knov rn:ax LINDA D. SMiT9. v?llose address is'1356 $$th Avg North. St: Petersburg. FL :33702: ii ereinaftealled the grantor. W CLEARWATER CHRISTIAN COLLEGz PRWYATF. SCHOOL, [NC, a lrlorida nom profit corporation, whose post office address is 3100 Gulf-to-Bay Boulevard, Clearwater, FL 33759 here:inatbdrealle d the wmee. . ICEDIIERrJ.Y.TItECIS."G"VTOA'r.LYO."CRr1`PrW*1.VCLUDEALLTII91!AFMES p; 7 O'rtnS etS7ltl!alt'rV r JLW 71191H , LWAL REFROLITAMM AND A OF V4DMDUMA AN'ATItggLVX MNORsAMAciIG cwE-OapCO& •to:lL) A WI;T IMSI+"f Lthattl*grantor. for and in consideration ofthestun of7'en(f10.00)Dollars and othtr.valuable cMdderatiou& recOpt wixr eof is y ackwwtedged 1a*by granm bargains. co sell& ali= remises. releases.-conveys and confirm unto the grantee. all that certain land situate K in Pincilas County. Fioddo. vir SEE TIllt: ATI`ACHFD EXHIBIT "A" FOR LEGAL DESC,RIMON • C?' , PARCEL NUMBEOS tit t;E I C1 Parcel Numbers: 061/I6J0'0000/L20/9200 ? 0 c ? U /t16 M16r9000WM0200 ' .16/29/16/00000/130/0200 Mr _ M29/16J09000J14"200 16/29116/00000/140/0100 .FS ' -- - The subject property is not the homestead of either Grantor. ' PA _ REV This Warranty Decd is a corrective deed evade to correct the legal-description tutAt/ set forth in that certain Warranty Deed: from Lgrantorto grautte dated 02IMMS. recorded IVA4198 fa O.ILBook 10001, at page.2157, which. in error excluded that certain property deeded by grantor to Robert D. Winn and Many S. Winn by Warranty DeerLglrted 11116/92, recorded l 111SMS in O.R.Book.8094, at page 1155, all of the public records of Pinellas County, Florida. P.+ rwyry?ai/ i P14ELLRS COUNTY FLA. 3 OFD J E;C 392 f TOGETHER with alt the tenam 1nm hertdilanirnts and-appurtenarires-the mto belonging or in anywise appertaining. PINELLM 'COUNTY FLA. TO HAVE AND TO HOLD the.sanw in fe simple 1'arever. CFF R?C 13K, 103 1.1 Po 1232 AND the grantor hem-by e:avemnts with suid'gmtee that the Wwtoe° is.'lawtully sar1 or said land in fee simple; that the grantor hereby Wily jwrants the title twsnid, land and-will defend the same agtiinst dw tawrw claims of all pemons whomsoever, and that said lead -is. fmc of all encumbranres.:except taxes amming sett to L>xcmber 31..14+ 7: IN WITNESS WHEREQF, the said grmttor has aiStied and scaled. these pteseMs ttte day and year fast above: Written. ' WITNESSES: Not* BERWIN.; ° I1 . . 1'rint• Go Print:. ...... 1. WITNESSES: P : LINDA BRAGG, L! D B. SMITH 1'rtn tiTATC OF FLORIDA COUNTY OF PW ELLAS • thee for%aing instrument was acknowledged before me thLVv day ofAAWL 1998. by DERWIN B. SMITH. 116 a married person. who is I kam to tt? or'who has prLulueect as i&-ndti;;gun am whu did a,att on& ?t 1mUe?tf.Y MW .1l9NEFi .. gplmt Na.CC t iYOWY Public. My Curnnirssion ExpireS: (StsAL) ? A1t/WfIGaOt'Z?W0CO4 WG._ :STATE OF FLORIDA' COUNTY OF-PINFLLAS 'the: foregoing imstrttttte:nt was acknowledged before me: this t2day of 199& by LINDA BRACv*(;. a married person. 17k/a LINDA M SMITII. %%ikv' •reunally known n me; or who has ptveletm-e1 w crititicatto o u to wan u:uh. ActAA? . dtoobrrq?our taa? w 7. Notary Public; edtion?rttorfw.e?c'swe My Commilsum Expires i t From. the NE corner of the NWI/ of Scotian 16, Township 295. Range 16F. as a point ofmfore:nce. thenw S 003703' W along the North-.South Centerliaa of.sAid Section 16 a distance of 33.0' to the Northrad comer of Lot 9. Unit 1 61. Crystal Heights subdivision as a Point orseghwng: datnee continue S 0°37D37_W along said coatedine (bring also the Easwdy boundary ofsaid Unit I of . Crystal Heights Subdivision. as recorded in Plat Book 2& pa a 64. ofthe public records of Pinellas. County. Florida). ddisurxe of 322:47 to a point on the Northerly rig;htoF-way of S ayshore Boulevard (a I (NY r! 0t-of-way); thence along a curet to the right: having; a radiuf 'of.368.31 ". a chord beating of N- 41'35'48"' L' arida thorn distatce or 146.17ro a point of tappeetcy. thence N 61 °02'31" E along said tanumt rigtht-of way. a distance or 184.66` to act .intersection with the Southerly right-of-way of Drew Street (currently a.33' right-pr-way): thence N 89°2V50w W along said Southerly right-a-? way (33' 11om and pornHel to the North line of said Section 16). a distanca of 242:21' to the point of Beginning. Containing 23549 square feet. (0.54 arcs) " M.O.L. Together with the riparian rights to the lands lying directly East. across the ,l (NY right- of-way for Bayshore Boulevard (as nx=drd in County P4Kition No. $0, dated August 4. 1925) being further described as follows: *ft ,North 2r-12.4.7 of the Northwest % of St:ction 16. Tuwnship 295. Range 161:7 lying between the: Ewedy line of.Unit 1 ol.Crys* HeightxSubrlivision..as recbnluei in Plat Book 28. page 64. of the public records of Pinellas County, Florida. and extending; Easterly to the.rtte.'an high water mark of Old Tampa Day - Lesser a IMy tight-or-way for llaysl>um Boulevard - as described in Cuunty Petition No. 80. dated r?ugtlSt 4. l?'S: • •fti ?qP•? ?fFyStA•?Sy L/' f ?.I:r +:'•..v? i • - PINELLAS COUNTY LA. OFF . 2w _4ga" Page 1 of 2 LEGAL. DESCRUMON P INEWLAS C"TY F LA .. WF • REC . BK 10911 Pt) I= 11w North y of the NE K of Section 16, Trip-29 South. Rano-16 East. Pladlas Cueapty. lrlorkla, and that part err portion of Government Loft 3 and 4 of said Section, which lies North .of a lone begluning in the Weal boundary ofsaW Gevmmcaet Lo63 at a point 20 feet North of its Southwest corner and esteatdlnr North 97- Kwt to navigable water is Old Tampa'Baby. AM, That portion thereof deeded to Robert D.. Winn and Mary & Winn. husband and wife, on November 16, by deed retarded 1tr O eaokM94, page 11:45; public records orPlacum- County. norldai. described as foiltrtrst That pmtlon of die NVA ofSe Lion 1'6.'rownship 395; Range 1'61L lying South .of O mw Street, l=ast of Unit I -of Crystal Heights Subdiv!aipm and Northwesterly of Bwjshorc Boulevard - together wiih the riparian rights thereto. being more particularly described as lbilow - z i Riparian rights granted acv limited to the Le sever ttt: (A) Filly (50 fcf.1rom the upland. or (11) dw ntaximum dock length Fiermit(ed by law. whichever is the least. a P INELLAS COUNTY FLA. OFF 4 i i `i A ti• LEGAL JjlVSCR=It7N (Carrectedl pale 2 of t . . j P CNELLAS COUNTY MR. OFF. REC . 9K . 103 t t PO J Z.34 That portion thereof deeded -to Conservative Christian Private Schaals. Inc.. on March 28, 1966, by deed recorded in O.R,Book 2357, page 13, public records' ofPibellns County, !Florida, desafted.as follows: Start at the NE conter of.Goverament Lot 4the NE % of Section 16. . 'rYC! :v Township 29 South, Range c 6 .rA= for MUM. and go:Soum 0Q 02 42 West 538.44 feat along cite. Eastlitle of said Government Lot 4c thence go Notch 99°30'26" West 300.00 feat; thence Sri South - 4l°29'04" West 453.31 frxt to a point on the Northerly right-of-way.lina of Ccnutttey,Campbrll- Nrkwayr chime go South 82°38'52" West 302.52 feet along wid right-of-wavy line; th go North 00°02'42" East 1.654•?0 foes; th mca go Sough 99!571 8" EvM 900.OO fkvt to 'a point on the east line. of the NEVg of the NEV6 of the aforementioned Section 16: thence. go South 00 °02'4Z" West 714:33 feet along said East line to the P.a.13.. and also hart of Government Lot 4 in the NEV4 of the NEVWpfS ectiou 16, Townships 29 S.. Range 16 E., City of Clearwater. Pinellas. County. FlorMe beiui describer! as follows: Start at the.SE corner- of the NEV. of the NEV. of Section 16.29-16 and ga-N 00"02`42" E. 719.33' along the East line e-af said NEV. ofthe NE% of Section 16 to the P.U.B.. throe go-N 89°$7`18" 1K?. 900.10: them go N 00°02'42" E. 609ASW to a point on the North line of said Section 16. thence gQ S 89*32'56'.E.. 900.02' to the NE comer of Said .Section 16. thence vo S 00"02042" W. 6()3.20' along the East line: of Section 16 to the P.0-11. LF?$ AND_EX?C6IPT:. . The right-o&vay of Davis Causeway (known as Courtney Campbell Causeway). Pinellas County. Rorida. and also A 100' right-of-way liu.0aysWre Boulevard as desaribcif in County i vtition No. 80. dated Aug= i 4. 1925. I 5C! 10978 K K i i- Al. i WZi 13: tai:Ot. i !n l SHMIN SMITH II/LINDA 6 aMIT RECIM 1146 ! 1 5U TOTAL: ) 5U CHECK AMT. TMR-n 7, 50 SF1-: ?-.1i0 tBt10091 M L1-4W4 19% taisoe#6 ?? W ISTiAMN MUM .50 Au 119.50 cm MT. r 119.50 1.00 r . i j. . stmt F. CE M. I).ER!( of co r tntti tk?rttral -r t+nsrnnEo lnr .%xis -rlwwro: PIt?1.IJ1Ssl+QMY. A RBAA ? STEPHEN A. BAKER . 00-0061:59 JAN_ 7-zaot7 I I : tom, 0 ?,•10:w ?`$ A.LLAjX Sr S141PP. P.A. P INE:LLAS. CO ax .10779 p 1420 M4Q?i?O : ? a it -emus Attorneys at Law? 6675 13th Avenue North. Suite 2C W 9. ?t , . St.'I'etersburg, FL 337t0 FAR Q02"E'AGE$' : ' 1111::4 9TAlp - rIR719 3 t?0.00 rvarmi xo 016/29/wO0000/240/10001 . --'----. _ P f.[F]?IiED; 1 0 WAR.R.ANTY •DEED ?elmoili . :,oo. _ Tills WARRANTY DEED made this .,? doy of 3anuay. 2000. by ALi3ERT W. COPELAND, a married person wh0W addt'M ix Past''Ot'C&x'.liax 4454.. Clearwrauw. Fl. 33758 hereittadw called. the grttttor. to ' CLEARWATER CHMSTIAN COLLEGE PRIVATE SC11001„ IIYG a Florida non=graft corporation «hose-post "O = address is 300 Gu1C to- . Qoutavnrd `Clcarwatcr. Ft, 33757 hta'ci6m11cr calkd the g m . . I, ntav:: (a11FMC%'M tTWa IUMr .C nM 7t31t? ".Ra.MK" .wp "r"%TER" MCUVE ALL Tit:. t a1CrIFS ro lots 1:'rut alt: rr.a.Nn tit: uatn.?t rcxru, nzmnimr.a rn-as wvn Avws Ui txatvrotat:,, ' i wen TIM M c MIME axn mvr.`s nr cournswimm) ?. WITNESSETH. that the grantor. for Intl in consideration orthc'xutn arrcn (S F0.00) 136I12rx and athcr valuable considerations. a witc f i li b c ; reo txr s.. y o knowledoW. h, h}: 6rottt . barkias, sells. abem remises: teaLtm conve s at?ii co ti t ' h ' ` y n tms un o t e E;r at w. all that c taro land situate in Phicllas•Cottnty. Flodda. vie A tract of [and tyir>..In . the Northwest quarter of SECtian 16. Township 29 _ - Sgneh; Range l6 kii t; and king Faa?'of F--:hone Boulevard described '- --pQC -1 ., as -- follows' From the center of said Section iC run NA01710311E. along the QN210. oa Northa^aoth- cegterlinc of said Section 16 di c f '` , stan a e o 205.00 feet for a P.O.B.; and tun thence nag°2isviy.-a distance or 109.07 feat to 4 point an ?? - ? , F the Easterly Countpoccupied right-at-way line of C3eysher?c tlouleva;+d ?4TV (County [toad No. 30). nun thence *lour said Easterl C • -' . y ottptv-ocCnpicd u igitt- . PAC of»wny line. on.a curve to the-left having a radius of 533:91•. are 204.87'' 'REV",?;.. . .. chord 203629. chard bearing M 27°23'54"E.; thence 5.73°3S%40"E. 18.00 feet 76 MD to a point On said North-Sauth centettiae; thence S (W37'03"W. , . along mid. Cr GAI.. ?riitrth-South centeelice a distance of 176.72 feet to the RO:ti., tti Pint:tlsi KG Nr ,. i County. Florida. ? 'rlv-- above-descri bed property is not and octi*cs has bcctt the homestead or Cttantor. ?. i? 5 d a?C ItalLft alt' W. PG 1421 TO(mmER with all the a us, her"Mm nts and appurftances. &reto belonging qr in =Ywisc appertaining. , TO HAVE AND. TO HOLD tic same in foe simple forever. AND the grantor hereby coveitants with said grantee that the 9mriwifis Inwfaily seized of said land in fee simple; that the-grantor hereby'fully.warraitts theUdb,to said lauui and will, defend the same agginst the (awful, claims of all persons whomsoever `and :that said land is free of all ana mbrance r,. except taxes aceming suhsoqucnt to Deeembw 3l'. 1.99& IN WITNESS WHIwOLr. the said !;w has signed and scaled then presents the day and year first above written. WITNESSES: Print: E ALBERT W.' COPE Prinr f 1 1 STAGE OF FLORIDA .? - COUNTY-OF PINELLAS The foregoing kwumcnt was admowle:dgeit before- tae this __L' day of January. 2000. by ALBERT W. COPEL;AND. a married penon. who is personally knower to me or who has produced as idauificadou. Notary Public I ommissio My, (SEAL) f ?Mr n01Ryt?p? a ?? ??!???dRe?tdt ? e-x • INST • 98=272430 i 1 Auo 25. 1958 1 09PN MIS dram IvA hlank ilnenlb stilly lire clerk ' ld[`lnlrl. Rxrwdlltg PINELLRS COUNTY FLfi ILSr, l OPT FMC 9K, 102 14 Pn 919 . ?1?+1 rIM a as-1+11 lr:rr,u ; '; r•LIM1ra N , KrAtsfwi % the. srlyr 1Mr.10NElILI 1 . `.T WAkRAIV rV UU11 I ` ? y / 11115 WARRAWY DEM), Made this day of -4-944X-: 1998- n n WILLIAM ll: WILKIM. a mmriuJ man. F. MUCH I.ALIIX a murried naafi awl Rp UR9• i JACOILHUN, an unnuirrinl imp.-as wwats in ctanaaln. wbrwe mailing addtirs?Ts :3(1: Rfa:l y i• -1hint urivc. %uiie 720. Tampa. FL, '3l1i(1:. as %raMoor'. and C .UAkWA•11iit t'Itx&r1AN t ` CW.LLM11 PIUVATl:1t.•HEM. INC., a 1••kwida ntM-foomvrd L%Wlll"km. wlkw "wiling r alblts is t ulu (iulf.to l>my Itlvd:, C karwgtur: l?: iJ7 ?N, am??4b1>s? liu (11?Iniliraliun mnnb?:r Is % % ' '`w?' ?'?' i l 11M (inamw, fix and in tamp Qf tWiP)nk4%* 1n I)tltlaro ($ 10A) and other goal which Is acknowledged. ' 81W Valuable consideration, paid by/'gfalnea w G- : ? of nsUrs mid assipw fen wr on, following I does hereby grant. W.U. M MR wai I vey to Cdul?0r ? rlaaPvd land situated in Ihe,(xrunty?I?pitlelb?x., r R rids: ? ?yv?ld 1i?`Ijlli?1•yR`IC'I•rnl.•ill :l)1•l?:Rl:l•Ol - hlgwlpxwith all ?qn i ILA, alrhw•als. Ilirirtila11aa1u1:. alglurtelaaws oral rights of Groontur in the i ulawr:•dcscribyd ph-ms • •N . ' / 'I ir`Irr a1Jd?ri Iadd.lhc sane in fee simple forever. " +. /• ?'. -Eipll?N?f ho"y L11Ye118uts with .Ura toc thauaraaarr is fully seized of said land in fix - 1 . s1mj11e;'tharEl?Ruutulws gtaal rigld and lawfal authority to sell amt conivy said land: and that j Weiltor Lhtes1herLdty fully urtrrml Ilse title Nr said bail, am! will defend the m nw "Anst the , 1>twf?ll cloini?r?1?411 locrums whunlslwvLr, ; % % ?. .`- '. ``'111is'uI1VVyaave is IOWA' a11111 UUM111011 NWIjL%1 ar: ''.a. 1 IwtllKtias. Lr1?•tsuus. r<s1riLYiu1L?. claims and vesciVathnh of nxrwd, if tiny: hnd -.? ??:? `?' h. 'rafts fig II1Q yule IWJM hold 81L•WARUr. THIS Vi NOT IIOMEMAI) P11014?14TY. Property APPr4lsvr•s I. 1). No... ! ?•P. ,. }7y.•1•eJ µM'YIM'aIPF1+ 1\r .. V?n•.IF.w.a/.7w. •1•?a..t FAtr ny I,* 1 of A h.r• I.?LLw1 ?, ?L i?7G? ruV . _: ._. . P114ELLAS COUWTY P,.A OPr• REC Bit 10214 PG 521 IN wrrNIURI W1IMt!':014,1h1i Gmmor has eoptud *A,'•U Pn-U•n1s W W si IRL-l and W" Zhu day and year aluive wrilk ll. SiVW. $Mod ulkl drhvudsl in our Prownm: 'GRAHrOR' IL J? do NN % % I pGNrs w A. M VA.J•T `. `. ; 141m Now d 1°. UkIK'C?UIk 4 % /('?J ` Q Nces*d r ?2 3 - 4 ' Ihim EN him ?, `, % r Ihlnl?lr w _ ? ? ' 'C LINTY OI;? ? , I1WnanelN was acklMwrkxtAlxl WOW ft Ihi11Ldny of , by WII I IAM U hRawp lu ntu at has WILKIN rWuLwP ti •r 11s111 WIN, is . . , p . . , PL a y ` : - ?11s idunlilikalim alld did rkN late an tTAh- ` %% % i %, MllffrY ul., tWincr avAl, IWnnrry Ihd1Ge rraolnwnAilmom MyCllmmusiua ?xPilta:nl.°ilern,iryAWSOmar.+r Thu furuguing imArunwom was •rukew.wkxl$#xl hchim 111u thisl6dny of . kmia, Wit, hy. F. IIRIXT. I.Atll:R, w1u1 is Purslna111y known kr aw tor has PAxlultd -u idulnilicamn aikl Jill ns* ula: an oath. Nowy Ihdlli. I A.pI1pWN My Commisshm limgms: MralwuoM?mom. . ?trwMS,Rm IhWOu 2 of .1 I f P INCLUIS COUNTY FLn OFF ,REC .6K IOs 14 P[! 221 S•1•ATH OF FjU]A?/ [bUNTY OF ; . 1 inu mMa i was wknowll*W insfura ma this 1fday of Tho fore oin 1 ' ' g . g 19". by ROBERT JACOBSEN, who Is p9rsona4y known o Ind Of kas prad?d ^w• ? _ ? :- ` / '' '? ` - -.'. ? ? ?s idiwifiwlian and did ant Wm as auk. ? ' ? ... a1 .. ? > 1% 1% ? . . ldlaary Fob 11: i / ? - ? ? ? ? `? ` `? My Coammoo &ph= F 1 , 1 k € R . 0 '' '?, .1?/R QFMOt pil ?L This Inslrualant Prepared by: llffmff Jams M. Uaromond. 1isq. , 1331 M. D k KI Road Sldtr Aq - - . Ck"alcr, FkNidl? 13764 /? ? (313) 79141DW ` ? O l * i ./ % + / %% % IN, • ? ? / , / , \ f % /? { 1 / ?` ` ?? ? , / ` ` ? ` % 1 .1 or .1 'a 4 - MMIHIT A coaesalas ee a fagot 10.0 bet Porch of dr iathnaet a tot we Sestina 14; loanehip a tough, 9sw N raeoe Ileridel to wa 0171107• seat a{ ono an OwdrO ash , Natw 16. 77.40 feet a a roust sot taeH01M. mid r.o. 0weh a: the artaleat eratarlis* of /rate land 40. From 1 leareh 6127for toot aides sold 0areh hMh ea+eetlhe .1 5-th 40.21'56" Vase 51.45 lest to a PSI" on a OEM rtaht of n/ of. w1 Data laalawrdl ehsooa Nlwk 4214 way aloes awn to the slow, mvill 4 TWIN aK 141. l fn of !smog 41 ivir vast. a oils 4191M of !11.01 i 01'71" adtt. sill dtagames of 111.17 heel ehaaea Nosh as of ass 41.41 fees q in fatefeeatlea Idrh a la- hells 70. original treearlles of leate sad 0. 40. dhsee snob 81 y said lift 105.0 feed to the reloe at Sa boi". • p INE1.LRS Comvy F'l.R . OFO REC.19 10314 pa 98 2 . . r l 1 1 1 , e 1 ? onsoom lee ammirr. goo> of said to 30.0 set Poland eeil tlaaa r Ib Hsht of ` rd hating O ? . r. r 1? as a" ? Mstold ti eh of Ae err' ~ r / ` `` ` ? ? "`? ti ? qeC sloe{ ? ? 1 ? . 1 ? ? 1 I J rr? ?i ?? `w M? ,r J \ 1 1 ? ` ?" % ? r r I%% ? ` % .. ? i r \ F ? r ? r \ \ 1 1 % . .. rr .- ? ? `\`?r err - r r ? r r.r ? ? % ? ,\ Fr e ?r e ?% rr. ? ?? 1 ? \ 1 1 1 -- r \ \ 1 . % ? ` r \ ' ti ? I% %% ? ? ` % • ? 1 1 1 i 7,.p I#: 2008029675 BK: 16135 PG: 2664, 01/30/2008 at 04:18 PM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $0.70 HEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM04 Prepared by and Return to, Roger A. Larson, Esquire Johnson, Pope, l3okor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33756 ' Telephone: 727461-1818 _ ATUTORY W T111S INDENTURE, is made on this &;;f 2008, between CLEARWATER C711USTIAN COLLEGE PRI-SCHbb , ` C., a Florida t-for-profit corporation ("Grantor") whose post office address is.3?44 Qulf to flay Boulevard, Clearwater, Florida '33759, and HASIERLANA PROPERTIES, LLC, a Flgrjda`?itvitctl ilify?rarr?any (Document #L07000121312) ("Grantee"), whose post office address is 3400 Gulf td ky Boulevatd, l earwater, Florida 33759. Grantor, for and in ea4isfderali?ii of tei ollars (S10.00) to Grantor in hand paid by Grantee, the receipt and sufficiency of which are here 19 lmowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, successors and assigns' ev phi fbllowing described land, situated in Pinellas County, Florida: ,Sea Ezbibit «, attached hereto. '' ' - - - _',i9.?ld T to applicable land use and zoning restrictions and to easements, 'reservalions and restrictions of record, if any, which are specifically not reimposed or extended hereby, and to taxes for the year 2008 and subsequent Grah)or does hereby fully warrant the title to said land and will defend the same against the lawful claims of '21, ouap"hornsoever. The tax parcel number for the aforedescribed property is 16/29/16/00000/130/0200. PINELLAS COUNTY FL OFF. REC. BIC 16135 PG 2665 IN WITNESS WBEREOF, Grantor has hereunto written. Signed, sealed and delivered in the presence of. 5 ture Print Warne ignature 80A60 AA.-Whymn print name STATE OF FLORIDA ) - set Grantor's band and sea] the day and year first above ? ? ' -• ` > CLEARWATER CMUSTIAN COLLEGE PRIVATE SCHOOL, INC., a Floridapdt-for-profit `. corporation B : y Randy T. l ivin0tdn ` Vice President Address: 3400 Gulf tQ $ay Boulevard Clearwater, Flooiir(a 33759,> ?? ?? jCQrp aCatc?utl) COUNTY OF PINELLAS The foregoing instrument was?aO" dged b4'9re me this day of iwma_k 12008, by Randy T. Livingston, as Vice FV:shient of Clearwa[er Christian College Private School, Inc., aeFlorr not-for- profit corporation. on behalt;'gf'the coation. [He] [She] (is personally known to ma] [Mw-premednA1 MY 1!t)D2998oe Notary.Pub Vpy1 `` Print name q q AA Sl,t U, My commission expires: ota o AA- - matt' This transfer is exempt from the payment of documentary stamps based upon the case of C resbcint IVir`dnn•,Center. LLC vs Florida Department of Revenue. .-? % 01#794 ;99PMd-1 1422867 vi - C1ear74ter0rw1ww8wM?yD0ed PINELLAS COUNTY FL OFF. REC. SK 16135 PG 2666 + I EXHIBIT "A" .+ Legal Description PART OF GOVERNMENT LOT 3 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE-t6,WT, PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: ' " % COMMENCING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 3 OF SAID SECTION I* THENCE NORTH 00' 37' 03" EAST ALONG THE NORTH-SOUTH CENTER I E OF WD-SEMON, 282.84 FEET; THENCE NORTH 89' 66'33" EAST PARALLEL WITH THE GUL( TO BAY+BOULtVARD, ALSO. KNOWN AS STATE ROAD 60, COURTNEY CAMPBELL CAUSEWAY'AND DAVI¢oCAUSEWAY, i 4.22 FEET TO THE POINT OF BEGINNING; `%`` ' THENCE ALONG THE EASTERLY RIGHT OF WAY OF BAYSHORE BOULEWA.TkE FOLLOWING I, TWO COURSES; NORTHEASTERLY 223.51 FEET ALONG THE ARC OF A 568.91 FOOT RADIUS CURVE TO THE LEFT, THE CENTRAL ANGLE OF WHICH IS 226%30' 35", AND THE LONG CHORD OF WHICH BEARS: NORTH 12' 30' 08" EAST, 222.07 FEET; THENCE'N0 RTH t0" 37- 03" EAST, 284.19 FEET; THENCE. LEAVING SAID. RIGHT OF WAY AT A R tit-44NOb. )?Ak1NG SOUTH 89' 22,57" EAST, 344.66 FEET; THENCE SOUTH 52' 12' 03" EAST, M.13$ FEAT, :PHENCE SOUTH 00° 46' 40" EAST, 191.08 FEET RADIALLY TO A POINT ON THFNORTk" R1GfiT OF WAY OF THE GULF TO BAY BOULEVARD; THENCE ALONG SAID RIGHT`0 WAY% E FOLLOWING TWO COURSES: SOUTHWESTERLY 69.41 FEET ALONG THE AF3C,,0?-A• X83 FOOT RADIUS CURVE TO THE RIGHT, THE CENTRAL ANGLE OF WHICH IS4943' 11", A? (aPE LONG CHORD OF WHICH BEARS: SOUTH 89' 34' 55" WEST, 69.41 FEET; THISICE 89 36' 04" WEST, 324.14 FEET; THENCE LEAVING SAID RIGHT OF WAY BEARING t1RTH01 1' 20 EAST, 48.11 FEET; THENCE SOUTH 89° 56'33" WEST PARALLEL WITH ]rH84QL'FTQ V BOULEVARD, 458.86 FEET TO THE POINT OF BEGINNING. " SAID PARCEL CONTAINS 7.82•AbREaQ LAND' MORE OR LESS. SUBJECT TO AND Tpe" ER ?*)TH COVENANTS, EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECGIm„tF?ANY. MMIT "Fn page 1 of 2 Proposed A[-o--ss Fasement NORTH 0 100 200 GRAPHIC SCALE THE NORTH 1/2 OF THE NE 1/4 SEC 16, TWP 29 S, RCE 16 E SKETCH AND LEGAL DESCRIPTICIN CLEARWATER CHRISTIAN COLLEGE C - - C I J W.Ul 11 1Lt l +! I r l? POINT OF BEGINNING J1 6"W ((?l1 "lLruallu .LLUM - n7K UTI- - - - -11TTTP N087 25' . Rtw STATE ROAD 60 GULF-TO-BAY B?wSEWAY C011RTN DACSMCAUSEWAY ter. CLEARWATER CHRISTIAN v \` COLLEGE GOVT LOT 4? CLEARWATER //????? .CHRISTIAN ?755(n ` COLLEGE 3 do. ?.1 190.84 -?- •582'35'34"W POI I REP POINT "A" POINT OF . BEGINNING A12 THIS SPACE. RESERVED FOR RECORDING INFORMATION EASTERLY PROJECTION OF THE NORTHERLY LINE OF GOVT LOT 4 POINT OF TERMINUS' GOVT LOT 1 N io V V L W ) OLD TAMPA BAY LINE TABLE LABEL BEARING DISTANCE ,F L1 N39'19'50"E 586.93'. CE L2 N36'50'39"E 77,17' L,3 N 51'36' 11 "E 105.54' L4 N39'04'58"E 188.49' L5 N29'48'58"E 135.66' . L6 582'35'34"W 100:00' L7 N07-24'26"W 112.00' LB N82'3534"E 100.00' L9 S07'24'26"E 112.09 FOR LEGAL DESCRIPTION. NOTES, LEGEND, SIGNATURE/SEAL, SEE SHEET2 OF 2 WADE TRIM SKETCH & DESCRIPTION CIVIL F.NGINF.ERING & LAND SURVEYING SINCE 1976 DATE: JUNE' 29, 2010 1410 LPGA Blvd., Suite 148, Daylaaa Beach, FL 32117 ZZZ22909M EmjBX.L' 7t- Pace 2 of 2 SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 29. SOUTH, RANGE 9 SOUTH. RANGE 16 EAST, PINELLAS 16 . FLORIDA, AND BEING GOVERNMENT MORE T PAt SECTION 16, TOWNSHIP ARTICUARLY DESCRIBED AS FOLLOWS COUNTY COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF--WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY. CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF REFERENCE; THENCE ,582'35'34"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 190.84 FEET TO POINT "Al THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N07'24'26'W FOR A DISTANCE OF 87.25 FEET TO POINT OF BEGINNING #1 (THE POINT OF BEGINNING OF A 30-FOOT WIDE STRIP OF LAND, BEING 15.00 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE); THENCE N3919'50"E FOR A DISTANCE OF 586.93 FEET; THENCE N36*50'39T FOR A DISTANCE OF 77.17 FEET; THENCE N51'36'11'S FOR 'A DISTANCE OF 105.54 FEET; THENCE N39'04'58'1~ FOR A DISTANCE OF 188.49 FEET; THENCE E THE NORTHERLY GOVERNMENT LOT TO 4TAHE EASTERLY ND THE POINT PROJECTION OF TERMINUS LINE. OF THE ?OREMENTONED OF 135.66 FEET TOGETHER WITH ... RETURN TO POINT "A" FOR POINT OF BEGINNING #2; THENCE SB2'35'34"W ALONG THE AFOREMENTIONED NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 FOR A DISTANCE OF 100.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N07'24'26"W FOR A DISTANCE OF FEET; 112.00 12.00 THENCE FEET • TO THE AFOREMENTIONED POINT OF BEGINNING 507'24'26'1= FOR A DISTANCE OF THE ABOVE DESCRIBED PARCELS OF LAND CONTAIN 1.01 ACRES, MORE OR LESS, IN THE AGGREGATE. SURVEYOR'S NOTES: 1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S87 35'34"W. TS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). E N 2. THERE MAY BE EASEM 3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES. ONLY, AN IS NOT INTENDED TO DEPICT A FIELD SURVEY. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J-17.050 THRU 17.052. FLORIDA ADMINISTRATIVE CODE. . LEGEND/ABBREVIATIONS LB = LICENSED BUSINESS R/W = RIGHT OF WAY PGIP = PAGE ORB - OFFICIAL RECORDS BOOK KENNETH J. KUHAR PTM - POINT DF TERMINUS FLORIDA PROFESSIONAL SURVEYOR/MAPPER 116105 WADE TRIM SKETCH & DESCRIPTION A WADE TRILI COMPANY - CIVIL ENCINERNG & LAW SURVEYING SINCE 1976 DATE: JUNE 29, 2010 1410 LPGA Blvd., Suite 148, Daytona Beoch, FL 32117 ZZZ22909M LB X2232 17565 Phom: 386-274-1600 Fox: 386-274-1602 ACCESS MING SHEET 2 OF 2 1" - 200' 3=3 BIT " G'• Clearwater Christian College Stormwater Narrative The four major drainage areas within the site are the Campus and Parking area, the Southwest Parking Lot, the Soccer Field, and the Baseball field. The general approach for the campus area is to consolidate all the existing interior campus and parking area treatment systems into one wet detention pond in front of the Cathcart Hall. Runoff in the proposed parking in the southwest corner of the site will be treated in dry retention areas that will conform to the City's criteria of complete exfiltration within 24 hours. The athletic fields will be managed by underdrains and sand filter effluent systems. A net increase in water quality treatment is expected to result from construction of the systems above. Currently a significant portion of the interior campus discharges directly to the small saltwater pond in front of Cathcart Hall. This pond fluctuates with daily tidal flows thus it provides little residence time for treatment of runoff. The various other interior campus treatment swales appear to function, but due to their dependence on drainage structures that require constant maintenance, parking lot flooding occurs with some frequency. The existing soccer field has no treatment system and discharges untreated runoff to Coopers Bayou. The proposed underdrain systems are essential as the existing soccer field saturates in seasonally wet periods to the extent that there is a history of cancellation of organized collegiate events with other colleges. A second critical component of the stormwater management system for the athletic fields is the proposed raised trail around the soccer field and increased grades around the perimeter of the baseball diamond and practice field. The intent in both cases is to contain runoff within the fields and force treatment, first through the underdrains directly under the playing surfaces, then through sand filter side drains. There is currently no buffer between the existing soccer field and the adjacent wetlands area which is actually a SWFWMD-designated mitigation area). In some locations around the existing soccer field the wetland buffer continues to be less than the City's required 16.75 foot width, however, the trail over compensates for the decreased buffer by containing all runoff within the field and treating it in the underdrain/sidedrairr system. The Master Plan, as attached to the development agreement and being reviewed in conjunction with the FLD application, includes a wetland buffer around the new development proposed on the campus and meets the City Code for the site average of 25 foot.