Loading...
FLD2005-01010 (2)P W U Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-5624567 Fax: 727-5624865 ORIGINAL 0 SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION O SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION Including 1) collated, 2) stapled and 3) folded sets of site plans ® SUBMIT APPLICATION FEE $ 1,205.00 CASE #: DATE RECEIVED: [-42 RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJ CENT PROPERTIES: NORTH: SOUTH: WEST: EAST: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION (Revised 2/02/2004) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Bay Harbor, LLC - Mark Newkirk, Managing Member MAILING ADDRESS: 9309 N. Florida Ave. Suite 104 Tampa, FL 33612 PHONE NUMBER: 813-936-2221 FAX NUMBER: 813-936-2228 V [E D PROPERTY OWNER(S): 600 Bayway Blvd. Lisa Penninger, President of Baywatch Suites Inc. (Must include ALL owners as listed on the deed - provide original signature(s) on page 6) 606 & 612 Bayway Blvd. Valentinos Koumoulidis JAN 3 1 2005 AGENT NAME: Bill Woods and/or Terri Skapik of Woods Consulting, Inc. - PLANNING E*PA R, T TNT MAILING ADDRESS: 1714 C.R. 1, Suite 22 Dunedin, FL. 34698 CITY OF CLEAr2 rFQ PHONE NUMBER: 727-786-5747 FAX NUMBER: 727-786-7479 CELL NUMBER: 727-871-0084 E-MAIL ADDRESS: billwoods@woodsconsulting.org E. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS of subject site: 600, 606, 612 Bayway Blvd. Clearwater FL. 33767 LEGAL DESCRIPTION: See attached warranty deeds (if not listed here, please note the location of this document in the submittal) PARCEL NUMBER: (600)17/29/15/05004/001/0060 (606)17/29/15/05004/001/0070 (612)17/29/15/05004/001/0080 PARCEL SIZE: .546 acres, 23,784 square feet (acres, square feet) PROPOSED USE(S) AND SIZE(S): Multi-use docking facility to provide 8 slips as amenities to 19-unit upland condominiums (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF REQUEST(S): Attach sheets and be specific when identifying the request (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) Page 1 of 6 - Flexible Development Application- City of Clearwater UKIIiINAL DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO " (if yes, attach a copy of the applicable documents) • C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) 0 SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) r D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-513.A) [D Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. Request is for multi-use dock in excess of 500 square feet. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The docks should increase the value of properties in close proximity. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The docks are for the exclusive use of the owners of the upland condominiums. The construction of the docks should have no negative impact on the health and safety of persons working or residing in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. The docks are for the exclusive use of the upland condominium owners and, as such, should not generate any additional traffic to the site. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The area is undergoing renovation to townhomes and condominiums in the immediate vicinity of the proposed docks. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposed condominiums and docks will enhance the area and will not have any adverse impacts visually or acoustically. ? Provide complete responses to the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail: See Attachment A & B PLANNING DEPARTMENT Page 2 of 6 - Flexible Development Application- City of ClearwateCITY OF CLEARWATER 0 E., STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-2a2.A,21) ? STORMWATER PLAN including the following requirements: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; _ Proposed stormwater detentiontretention area including top of bank, toe of slope and outlet control structure; r _ Stormwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations ? COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ? COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable F. SUPPLEMENTAL.SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) 0 SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; ? TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) -please design around the existing trees; MN LOCATION MAP OF THE PROPERTY; ? PARi<IN'S DEMAND STUDY in conjunction with a request to make deviations to the parking standards (le, Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance w: ii engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; ? GRADING PLAN, as.applicable;. ? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ? COPY OF RECORDED PLAT, as applicable; G. SITE PLAN SUBMITTAL RECO REMENTS: (Section 4-202.A) Q SITE PLAN with the following information (riot to exceed 24" x 36"): _ All dimensions, Norte; arrow: Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; _ Location map; Index sheet referencing individual sheets included in package: Footprint and size of all EXIS'T'ING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required' sight'triangles: identification ofendirohznentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of a0 publicand private easements; Location of all Street rigPits-of-way, within and adjacent to the site; Location of existing. public and private utifities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations: gas and water lines; All parking spaoes;:driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(!),and Index #701); Location of all landscape material; Location of all orisite. and offsite stone-water management facilities; _ Location of all outdoor lighting fixtures; and Location of all existing. and proposed sidewalks. FID FcE , VED F-1 SITE DATA TABLE for existing, required, and proposed development, in wnttenitabuiar form: _ Land area in square feet and acres; Number of EXISTING dwelling-units: JAN 31 2005 Number of PROPOSED dwelling units; Gross floor area devoted to each use; PLANNING DEPARTMENT „__ ? _?,. ?.__:._{_ ?_.._,__?__..r_{--..-- ,,.• -?..,_. ?.? r i lid v,r ?, V,40{vf PIGi Parking spaces; total number, presented in tabular form with the number of required spaces; " Total:paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; _ Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (i.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ORIGINAL Q REDUCED SITE PLAN to scale (8 Yz X 11) and color rendering if possible; ? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; .' Offsite elevations if.required to evaluate the proposed stormwater management for the parcel; All open space areas; i Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building.and structural setbacks (dimensioned); Structural overhangs; 'r-- Ir.v n..?nn. nrnn-A k, n ..n.f:f:-A «r6 . ,. ; V' ^f nil f- 4^ r%o W ... ,..y....... ....si.....:.... _..... .. H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) :LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; JAN 31 2005 Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all. required perimeter landscape buffers; Sight visibility triangles; PLANNING DEPARTMENT Delineation and dimensions of all parking areas including landscaping islands and curbing; CITY OF CLEARWATER Proposed and required parking spaces; Existing trees,on-site and immediately adjacent to the site, by species, size and locations, including dnplrne (as indicated on required tree survey); . Plant schedule.with a key- (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed landscape matetiaisjngiuding botanical and common names; Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Typical planting details for trees; palms; shrubs and. ground cover plants including Instructions, soil mixes, backfiiling, mulching and protective naeasui es; Interfbr landscaping: areas hatched and/or shaded and labeled and interior landscape coverage, expressing In both square feet and percentage covered;,. Conditions of aprevious development approval (e:g, conditions imposed by the Community Development Board); irrigation notes. REDUCED LANDSCAPE PLAN to scale (8117, X 11) (color rendering if possible); IRRIGATION PLAN (required for level two and three approval); LJ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. I i. BUILDING.ELEVATION PLAN: SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the evo the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infiil Redevelopment Project or a Residential Inf ll Project. ? BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; ? REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8'/2 X 11) (black and white and color rendering, if possible) as required. J. SIGNAGI : (01vision 9l. SIGNS/ Section 3-1806) ? All EXISTING .freestanding.and attached signs;. Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ? comprehensive sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8 Yz X 11) (color), if submitting Comprehensive Sign Program application. R I E (C; E ? V E I D Page 4 of 6 - Flexible Development Application- City of Clearwater ? • ORIGINAL .K. 'TRAFFIC IMPACT STUDY: (Soaflon 4-242.A.13 and 4-801 -C) ? Inoly* so required if proposed devewpment will degrade the acceptable revert of service for any roadway as adopted In the Comprehenskm Plan. Trip gen"Illon oball be bond on the most recant edition of the Institute of Transportation Engineer's Trip General Manual. Rofear to Section 4-801 C of the Community Dovlsiopmont Code for exceptions to this requhement. L. RATURIE: 1. the unde"nod, acknowledge that all reprosentattons made in this applloalion are true and accurate to the bast of my knowledge and" authorize City representotlim to visit and photograph the propertJr deer>dbed in this bppik: *M, Si hw ure of pmjlv?r or mptowteem STATE OF FLORIDA, COUNTY OFPWffit 43-- ??l ?? 37m to and bscribed before me this - day of v R- A.D. 20 ,e?j- to me and/or by K who is peraonafty known has My fcmrniasion ezpitea: LAURA A. ENGEWARDT .. ,? MY COMMISSION # DD 136556 :'a EXPIRES: July 24, 2006 7,Prd ' Bonded Thru Notary Public Underwriters RECEIVED JAN 31 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Page 8 of 6 - Flwlbie Oeveiopment Application- City of Clearwater 01-27-2005 16:44 CORPORATE OFFICE 8139362228 PACE2 • ORIGINAL ATTACHMENT A PROPOSED 600, 606, and 612 BAYWAY BOULEVARD MULTI-USE DOCKS Bay Harbor, LLC (a) Use and Compatibility CITY OF CLEARWATER COMMERCIAL DOCK CRITERIA RECEIVED JAN 31 2005 PLANNING DEPARTMENT CITY OF CLEARWATER (b) (c) (d) (e) (f) (g) SECTION 3-601C.3.(a) through (g) The docks will be for the sole use of the occupants of the 19 unit condominiums. Impacts on Existing Water Recreation Activities The dock is designed so as to not create any adverse impact on persons using the adjacent waterways for recreational or commercial purposes. Impacts to Navigation The dock as proposed should have no detrimental impact on users of the adjacent waters. See item 7 of the Fact Sheet (Attachment B) wherein it is noted that the dock extends only approximately 54.4' or 10% from the shoreline as compared to the waterway width at this location of approximately 526'. Impacts on Marine Environment As noted by examination of the plans, the dock will have no impact on marine environment. The benthic survey is provided. Impacts on Water Quality As noted on the plans, the depth of water in the area where boats will berth is a minimum of approximately 4.5 feet to a maximum of approximately 12 feet at mean low water. This should provide in excess of one foot of clearance between the lowest member of a vessel and the bottom at mean low water. The mooring of 8 vessels at the facility should not adversely impact water quality. Impacts on Natural Resources The dock will have no impacts on natural resources. Impacts on Wetlands Habitat/Uplands The dock will not have an adverse impact on the adjacent uplands but will serve to enhance the uplands. 0 ORIGINAL ATTACHMENT A PROPOSED 600, 606, and 612 BAYWAY BOULEVARD MULTI-USE DOCKS Bay Harbor, LLC (a) CITY OF CLEARWATER COMMERCIAL DOCK CRITERIA SECTION 3-601 C.3.(a) through (g) Use and Compatibility RECEIVED JAN 31 2005 PLANNING DEPARTMENT CITY OF CLEARWATER (b) (c) (d) (e) (f) (g) The docks will be for the sole use of the occupants of the 19 unit condominiums. Impacts on Existing Water Recreation Activities The dock is designed so as to not create any adverse impact on persons using the adjacent waterways for recreational or commercial purposes. Impacts to Navigation The dock as proposed should have no detrimental impact on users of the adjacent waters. See item 7 of the Fact Sheet (Attachment B) wherein it is noted that the dock extends only approximately 54.4' or 10% from the shoreline as compared to the waterway width at this location of approximately 526'. Impacts on Marine Environment As noted by examination of the plans, the dock will have no impact on marine environment. The benthic survey is provided. Impacts on Water Quality As noted on the plans, the depth of water in the area where boats will berth is a minimum of approximately 4.5 feet to a maximum of approximately 12 feet at mean low water. This should provide in excess of one foot of clearance between the lowest member of a vessel and the bottom at mean low water. The mooring of 8 vessels at the facility should not adversely impact water quality. Impacts on Natural Resources The dock will have no impacts on natural resources. Impacts on Wetlands Habitat/Uplands The dock will not have an adverse impact on the adjacent uplands but will serve to enhance the uplands. ? ORIGINAL ATTACHMENT B PROPOSED 600, 606, and 612 BAYWAY BOULEVARD MULTI-USE DOCKS Bay Harbor, LLC FACT SHEET AND DIMENSIONAL CRITERIA PER CITY OF CLEARWATER CODE SECTION 3-601C.3.(h) 2. 3 RECEIVED JAN 31 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Proposed Use: The proposed use is a multi-use dock to provide 8 slips for residents of the proposed 19 unit condominiums. The 8 slips are designed to accommodate boats up to 30 feet in length. Property Width: The property width measured at the shoreline is 179.8' (MOL). Setbacks: The property to the west (530 Bayway Boulevard) is upland condominiums (55-unit) . The required setback on the west is 10% of the property width as measured at the shoreline or 18'. Actual setbacks as proposed is 23'. The property to the east (640 Bayway Boulevard) is a condominium. The setback on the east should be a minimum of 10% of the property width as measured at the shoreline or 18'. Actual setback as proposed is 18' . 4. Length: 5. The dock extends 54.4' or 10% from the seawall which is less than 25% of the waterway width and less than 134.9' or 75% of the width of the property as measured at the shoreline. Width: The proposed width of the structure is 103% or 139' which is more than 75% of the width of the property as measured at the shoreline or 134.9'. Please note that we have letters of no objection from both adjacent property owners. 6. Area: The area of the proposed dock is 1,376 square feet. • ORIGINAL 7. Width of Waterway: The width of the waterway at the location of the proposed dock as measured perpendicular to the shoreline at the tightest point is approximately 526'. The proposed structure including tie piles extends waterward from the shoreline 54.4 'or 10%. 8. Docks being Removed: Three existing docks to be removed consisting of 872 square feet of existing dockage and 7 wet slips. With a net gain of 1 wet slip or 14 % and 504 square feet or 57% 9. Seagrasses No seagrasses are present in the proposed dock area. See enclosed Benthic report. RECEIVED JAN 31 2005 PLANNING DEPARTMENT CITY OF CLEARWATER 12-20-2004 12:27 CORPORATE 6TH'" 8139362228 • PAGE2 ORIGINAL Affidavit of Authorized Agent Name of Property Owner/Representative?`?. L L'?" Mailing Address of Property Owner/Representative ??D?'1 /??•?lD:? ?V,?..,r c/ 1. That we the property owner/ representative/authorized agent for the following property. 600, 606, and 612 Sayway Blvd,, Clearwater, Florida See attached warranty deeds with legal description of owned property 2. That this property constitutes the property for which Dock Permit application(s) and request(s) are being made. 3. The undersigned has appointed and does appoint Bill Woods and Terri Skslpik of Woods Consulting as their agents to execute petitions, permit applications, or other documents as necessary to permit the docking facility, They are also authorized to represent us as our agents at any required public hearings, 4, This affidavit has been executed to induce the various regulatory agencies having jurisdiction over such matters to consider and act on the above described property. 5. That we the undersigned authority, hereby, certify that the foregoing Is true and correct, Property Owner (Signature) ? ?1'100?? Property Owner (Print): °"' F ??Fi%•,? px?Ec ?? I ?® Property Owner Title: At"/"er?" Date. /Z• Z"d JAN 31 2005 PLANNING DEPARTMENT STATE OF FLORIDA CITY OF CLEARWATER County of PkIneliew N t L?L.s (3o R OV Cc N• Before me the undersigned, an office duly commissioned by the laws of the State of Florida, on this c.QQ„ ,_, day of Cz•c e x,..2004 personally appeared Kz who having been first duly sworn deposes and says that he fully understands the contents of the afNdavit that he has signed. Notary Public My Commission Expires: LALENGELIiAADT I j. &I f COMMISSION 0 DD 138558 EXPIRES; July 24,1008 "8?(,;n?•ona?a'mNnarryr,??u,b„wnus 12-17-2004 13:56 CORPORATE OFFICE 813936Pae6l PAGE2 ORIGINAL Affidavit of Authorized Agent Name of Property owner: 1. That we the owner and record title holder of the following property. 600 Bayway Blvd., Clearwater, 33767 2. That this property constitutes the property for which permit application(s) and request(s) are being made. 3. The undersigned has appointed and does appoint Newkirk Group for the Bay Harbor LLC as their agents to execute petitions, permit applications, or other documents as necessary for permitting.. They are also authorized to represent us as our agents at any required public hearings. 4. This affidavit has been executed to induce the various regulatory agencies having jurisdiction over such matters to consider and act on the above described property. 5. That we the undersigned authority, hereby, certify that the foregoing is true and correct. 2_ Property Owner (Signature) L g-7:3 RXI&I C &, <- e'- - J04 /P-7 rl I JAN 31 2005 Property ner!(Pri: Title. ? T? I ? PLANNING DEPARTMENT Date: i CITY OF CLEARWATER STATE OF FLORIDA County of Pinellas Before me the undersigned, an office duly commissioned by the laws of the State of Florida, on this aLl day of 22Q5 personally appeared lv _ ° who having been first duly sworn deposes and says that he fully understands the contdnts of the affidavit that he has signed. Notary P lic My Commission Expires: 3 / IS/9000 -- N...? TOM ?. THAYER r Evkw C*MW 000289M 3i y?+ 60nded Oft ., an. ,. (80032-4254 S..• "noi..• .............. Edda .,?rY Assn..,Yin 01-20-2005 09:58 CORPORATE OFFICE 8139362228 PAGE2 01-27-2005 16:18 CORPORATV&FICE 8139362228 01/27/2005 16:15.4 954 ??7?9 god 01.01-EM 19;14 COOMI OEM:OE 91 9 0 PAGE2 PAGE 02 ANTWA40WIANWISPA PAGE 02/99 mwe ORIGINAL I r?++ ar 4??.?y awr+«.. ? .?S of wo e12 ewer Q4?+?1.. aNw ? e7 2. ??p?op.moos.n?.+r?v?o?«w?rwt?+n?m?traa?Mla+(?.rarr4?t??.?+? to upe Pte, p.nne?r?oM4a,•. or~ d00Nm rocs l1? 6 ) f,er?.?? ?..u?o N,t?+oe?aa m ?.vn.?.r+e ur . our oo•+r at ov mmm 4. 'IMe WilAit hM 1100 91 SMftd ,Q WN090 ohs "N' n?a M?w+p JWWeW ow vuoh merlons to MOM end #M an ? 000 6, Ti19t <w eM Neld?iprMd AYtlsarRy, bye 4M4? M+s womw aerr+oet C VF] E7 L L, JAN 31 2005.: . orti4r d PLANNING DEPARTMENT wrof C PLOOMCITY OF CLEARWATER ss? 4 W+eerN , ooem" dth oeeessl owo by ft mm of ow stm of 4'W4 an a,w d" of gMpwowWywpow*d. KalA gas al ho"I 4s{>.n 41t4t aue4l ewpr?n a.pove. and 4t,?t ha x r 11n w N . a+nMn Rh. •oweMt Nr! M hM 1b opmrawkm E*"W lOON S DUNfiAM NBIC i7w r4 CP YLOIttt711? $ON NQ DD12" iXP, Y JAM es-ml-ow ills" ommsTi 0*2cm 81 -.v^.t n+ y-y,.. .y-a ., t -tt'a , ..- r-..++? x?y?t ?:,KM.^p,•.?s+..r .-F;t- 3- .w.y':,. t .•:i x ?,*, A6C lot, CLNVU RY Tiir K ??a' AgtetT 77, 7 llty° !eed madi the ctu?? raj April A: _ D 19? ;W' l by. herernajref ro!!ta'thtca`rtrr7r;'io Valenti 6a Koumou2idis whose post af/?re'vddrtss r;212 Oakgrove, i '-.. Drive: Cle i watery PZ 34624 77, ht*fnattir catttd <ht ranter" lWhereicr q.44h0eiti 1hv trrn i rani?r ancl'tsrantee'.' includcill the partiestO this (Mirum"I ,arid- she Rein k}al rtr+r.?ema+?? rit3 s.vjni of irdi?dwih irt?tltR_4?iaort and _ Wit jj OSSet ;: ' Thar rhrJ,¢ra,rtar fir'_?and rn ronsidimoon of rhe;sam Gj 140' and whor taltrabk ' _ c ari;sr'drrn/i,rrrr .?rrej ii:; rrn[it J eerrhv ackrrawltdAtd, lrtrrby 9,N7,1 it. 'i w >?a?eaJnr w acllry, a, ry M se,>H< rrlesosr>? -con 4V5 card co rms unrlr a grantee all drat certain land rituate in: ?Countv,,F/arida.+% P'l?eeilas?.7 w r _ ?Y } LC?T .$, SLACK At- SA.YSIDE SUBDIVISION N0. 5 according ,ro. Che` map or plat thereof . as -recorded in E1a.'Book' 38, .r Page 38-39. Public Records Qf Pinellas Co=u ty , oriel . ,,R.,-E. PARCEL:' ND. 00/29j1 5/0 s4loal, ooeo } SUBJECT to the tertz and t conditions - o£ - that ,:certain ' rnar O'Neil, as "recorded gage fn<favor o Muecay I --T in O. R`. -book 6990, Page, Z34; ic.. 4f pi Count Floribda paid rie3]r?s, x Yl,. pa. m ctgage.`-preser1 Y Having An+ id principal baLur? e amou $,94,654.99 r Which the' - herein nau?ed,: G4", tee expressi 3umes nt of dtu a agrees to'PaY? 'MIS`.'IS %WT -nfl 1 w t E;~p?"4E'STEAp . ?E'tpPERTY OF 'HE GRAb]'InR m 1W Tom- C7f?NSTTT?It7N OF ' .= THg'.,STATE_0p, FIAMIDA. z ~l ,?tBr If?f71 tlAl11?!!} ll ! aP/fertaintn. , x ltgritt pndurrttrtar 1/?eirlplpn,?J 01 eh?wtsa! m r . Z'a ape r andr ... - the:?ff? a ewmtar hereby covenants with said grantee that 7/r!. jrarr/ctrl' ?t tawjol7y se/Z[id ojsald lnnr! lts j ?tC simple: that the grantor has good righ/ oriel lawful authcritytaselt an et d cdnv?? .solo! IQrad; that thegcpat? b?? ufly wamanls rile iidle„to said land and w111 drjard the sa?tre against Me ivwftd? pjall p,?ar s w1to nd prat said.lanrCis free-0j_all_eripunabcanc>'s.. err t ? ? ;tarts accruittr hte?Wt„ nt ro / +/ : t an. restrictions. Derei»ber 3 , 9 .99 ?; ---.,and Subjett^ to'easemen c? pf, record, - _ , ,rn ?cfi' prepan??4, . E rvCn: re t: This 11utrumv!1I [' R _ dni t tt;? t., Z' x n CEN77 Ry" 3 -,AND AB.`"fRf+"?'r IN - t D..SouthV Ck_ zT. 325 Ea}ch?rr good N. rioam d to tam Iii Fitness W'hreo ?h<SQ, .=?.u,t , d ,>'runtrr hQS sixnPdrlitd smkd rhasr „,r x1tr?rf?? K' Signed seal d de/ivtrod in our p c't ?t.S di;d Moussa ?? t? ?, Fi, Yip Ls.* .f .? i ( Cf , x r , ¦'r ,c ??ca.urnrr+'iiilCrn t'7. j•T:TT.i " .' v T x.10-074920 dM. ?arC _7228 ? z r This WarrlbiL 'M ade and eaeatted the..l4.th day of March A.>Z14? THOMAS SE d-NICOLETTA.-SEVERING, husband arnd?wi , ?S??i•:. ?t75 ,., 3?-31 of 1 1 n R3 .'e 'Road', Upper S ddbk River NJ' '074,5$ & Ra!Lhn hcrrLna c grantor, ,. i J .... ' 10 VALENTfNOS QU ULIDIS, a/k/a._ VALENTINO KOUMOULI.DTSy •;a marries ' ss t l ? ,,t .?r?on whbaepost office addre>; Nt . 2152 Oakgrove Dri,ue, Clearwater; FL. hereinafter called the ?rantk-.' • , - Mltrtesseth: That the grantor; for and In consideritlan of the sum of 1 10.00- ,. and other' uable oondderatbna, tecetpt whereof IS hereby aclatvwled$ed, hereby grants; bargains; sails,.aliera, remSaer, cams,: comveyi and confirmu unto the granteq all that omtaln 1"'situate in }; INELLAS Count)4110rl4,vi ' PARCEL # 08--29-15 -05004•0 fl70 ... Lot 7,, Block -A't :of BAYSIDE Si7BDIVISION NO.,' 5 zetordin to the map or plat therea'€;a.s-recorded. in P1at'Book 38, Pages 38 and 39 ,` Public Records of_ Pinel-las County-,"Florida. -r a/k/a BAY ARMS PIOT.EL 606 Bay.way BLvd.?,; CJ'eazwater Beach,'' FL t RB 67Z 46067755 WJB 03-20-9Q X17:26:2 G ?RECORDIN6 . 1 fi0 _ S DOC STAMPS 2, $2i007. GF5 OettimelltxrrYTttx Pd, 00 /. •rr TOTAL.', ' $21 d c ?? Tex CHECK AMT. TENDERED, f i7i8 , -v Karleo[t 'I. o,S,rf?nm.?aCnimry ?. CHAtJCE: fQ. BY OeputY ;deck -? 7bge [with all tltc°Feryemesits, hereditameats us al) rtaiancei tlieiee 1 e ging or ]n anywise • '; appertaining. ' , - ? - r Zb Have and •tp Hold.'the same in ke simple fareeer,. And the grantor haie5y Caueriantt withlaid grantee that the grantor.lt lawfully seited 4 said land in fee simper that the grantgr haargood rightaM tawfnl authorityto i6a and 0=08Y saki land that the grantor hereby ?r. fully .yasrants the titre to, W# Land and wiH defend the same against tv* law,Eul elaima of all and that.add Iand is free hom **U eneuinb perx)w horri$ a , ¦ 9arilasaquant to December 31, 1989, easements, yes'6rvatiohs rend- "rest'eicziona;--of••public :record, if any. - In Wib*ss Wbetetof the°said grantor(s) hxi (halve) sealed is the day and Y? _ first above written. as Nico1'e't a everixo "t8 A5`Stm1 0'' .. s' WI as 0 ' KYCOlb tfU 5everino STATE OF FLOR1bA` COUNTYOF HILLSBOROUGH l The instni tt wsta ,i4no_pledge 'before me this Cd r of . a r _ 19 9,0 #t z T E 1''LA 4EVFR 7N4, rtt_s-r; on r ??? fOtta? P °lF•- S7 rE CF ?' ? t=x r. 1 Y <xY? t if r I -,: H f W. v I i » i - J ?tki{r _ tt'4. ?n Si HR1!?43.E _ - rwfl ;' t i? :(si" PAGE z'o "NOTARY "OF +z t,.,, LARGE THQMAS<<s1rYi+ir+ia3 s 6 FI 90 2026-PART A ETURN TO GRANTEE ?_TI&>r?pUST iNC + "MR -KOUMOULTDIS" ` 320^.41. Fletcher Ave.,' Su-i to 110" AS ABOVE :ADDRES8Eb• ` - Tampa; -FL 33612 KAF LEEN. •F. #,DEBLAKER9 CLERK MAR' 2t r• "1rT90 16:41PH r .,. ORIGINAL LIA? I i L?' 0 //!! ... ?) Q U ORIGINAL R C"%j E 1 r--f Cc, 5 6 in '; ? ? v PIN6 COUNTY FLA, BG)OK 7228 PAC3E E ^ r .,,? 90-074421. " .? 6y w a "'?lI1Ct? ?. PONCA*, EEO. k - EAINKLEY, MCMEAM[Y;" M044AY i SOLOMON ??- _P. 0. Wox.170t2 i . t-4rt Liud?r461*, ft. 33334 fiSIA" IB BAL*09if MORT"( 82CMUNG AN ADJLq'T"LE-_3tATt k OBLIGATYOIt. ' A88QMIli9 -THAT THZ IMITIIL RATZ; OF I1 t OT 11ZR?= ?4 - APPZY FOR THZ JIWIRZ •;, TERM '. `079 TRZ.,XORTQUI, THM•? 301=114,MUCIPAL- ? - 3 PAYKWM-' OR THE PRINCIPAL, BALAW2 DUN UPON -X1TC3tIY'Yr W0= n921 ' APpkOZZMMTELY $192;118,,820 TOGETHER WITH ACCRQZD-'U?T$R2",,I7:`AITY, ALL`4DVA1iCZXZNT8 XADE BY THE MORTgAQEE U1fDER THS TB WW `Ot tHle . MORTGAGE THE ACTUAL" BALANCE D" UP"_XATMTY MAY VARY. DBPB$DIlT(;f. ON CHANGB8 IN.THE RATE OF INTBREST. MORTGAGE THIS, MdRTG GE ' made this X4th day of March,`1990, between -- VALRYTf30 --= f0041toULTbiB jher after `Called "lSortgagota*; whgther one or .more)- and LIBE3tTY BUSINESS CREDIT' CORP., a _.peansylvania corporation, (hereinafter Called- "Mortgagee",_ whaOier one or more);, ; WITN"ESS$TH: .r. That" :Mortgagors,. for and in consideration fthe sun, Hamad in the Promissory Note .hereinafter ?.described ,--and,"other veluablA considerations, receipt`' of, which is-?t rerehy'acknowledged,, do' hereby grant, bargain,, sell, alien,-remise„ release, conveY.and bonfire-unto Mortgages, its successors and asaigru?all of he fallowing' described prenisea, situate in the County of-Pinellas, $tat? of Florida, and more particularly-described. as. follows-. SEE ATTACKED EXHIBIT "A" THIS IS A PURCHASE,,,MONEY FIRST.MORTGAGB AS TO n?racc?L ?•••,, --.-,'' SECOND. MORTGAGE AS* TO PARCEL II., r TOGETHER With all. and singular the tixturei-appurtenant i thereto, which` . shall' include, insofar asp -they '??are now or..., m`ay hereafter --belong, to or_ be used wil;) the premises or.-any buildings or ; improvements thereon- And wh"ether" attached ar .dethchoci; all"Iightfng,, =q f heating,' ventilating. air-cond-itioningi swimming, pool: equipment, incinerating, :sprinkling, and, plumbing fi-xEures, irrigating', eater and Power, systems; engines and machinery; boilers,' ranges,, furnaces, Oilburners,': or units' thereof;-elevators-and motors, refrigeration Plants; _or units; kitchen cabinets; cooking appliances, wall bedst store windows-_,,and' doors; window .'and''door screens; awnings; window ?J sti shrubbery;- rues and carpeting, , and 'all property. .,now or 1 hereafter "attached to or 'reasonably necessary, to the,use of the,, ! premises, all of---which shall b ° dee>a3' to ba fiktures'' and -shall be part of the security for the indebtedfiess her,6tn mentioned, and shall E be- covered `by this Mortgage;; and tagether`wth all andsingular the -byildings, improvements, ways ,.lstreets, ,all,oys, passages,, waters, ' .water: courses, rights, ?liberties, ,privilegea, easements, tenements, : hered1taivents, and appurtenances' thereunto, appertaining, and -the -,reveislbns and remainders, rents, issues, and'profits thereof, .aI ci - ' the said property;., -whether , 'real,, or, personal, being hereinafter i§nated as "the premises'". = G -i KARLEEN F. i, KT i , DEPLAKER, CLERK MA ^ r ,.. r ?0? 1990` 6:01PM 2606r% 1d 18 M-20-?O 17:27: ZS «1? _ BOO ' C7ouJmentAry 7sx F?<< R ,co i,sv RECORDING,- .50 ?.. ? .. DOC STAMPS 2 ?3po?. Kerlean f., Dr, '!a f4[10.OQ TOTAL! 5 ? 5U ORIGINAL 0 w L LU N .-+ Q E _ co r Z ?O LL. . . :F B ?OK 7226 PA 3' N HAVg f?ND fi0 HOLD the same, ",and all:-the estate, right, r title, , interest, hcmesteaddower, right 'of doVrorp :.separate estate „ property, possesaiozf, claim and' demand whatisoeva= in ; lAw exp. in equity of mortgagors, . in and to the_ ..same.-until Martgagei., in ,fee --AND Mortgagors- do hereby ` covenant- with , Mortgaa :that the ge y are. indefeasibly seized 'Of the said pr emis e, in fee simple isd-have full power and. -1awfi? right_to convoy than same as afo ee d and that f it --•,?shall be 'lawl%}l,, for Mortgagee -at' all .'tiaem hereafter poeeea?bly •and quietly, to. enter upon, hold,: occupy: and, enjoy tha..premises and': ev_ary, part thereof, that the premises and `%ya part thereof are =fresl front all 'encumbrances that`, they ,• will kesuch`oth®r -and- further assurances, toy. perfect the fee simols : `title to `trie • pranises'in Mor€gagee,as . mhyhereafter :reasoriably- be= requied; and da. heisby . . a° fully warrant said° title to; the: premises" and every -part ,-thereo! and -4 a :.will. defend, the same against the, lawful.:: P_Ia s .r of all persons = whomsoever. ??.. t PROVIDED.. ALWAYS, that f'`IfortgagoXs` shall- pay to Mortgagee all sums due under tine- teams of this Mortgage x and : all 'the -indebtedness_?evis encexl__by -a .ce ?a_ Promissory-, Note. o e en'dete?_= herewith, wt%ich`-is" -n`co rated heest by, reference, and ia; ric?ned ?by Mortgagors and, payable , to the- order . o! liort ` a es iii tho q q , gri i naW% of: TWO BtTDiDA1lD "OtT81t,N? ketD 10Q ?' oa,ooo.oo? R Wli ing y interest., at the rata set forth :T; those .n ,with- 0rincipa?1 and ;fasterest i payable as iset lc?ith the ei , the` „l , ast inata11 nt of `thy :ant Vet' ,-' unpaid principal-" ; interest' to becaxw, dt &rW payable o. iprll, ar 1g9f, and an _ thanes"ftex modified; renewed - or, extended, together ? with all '.interest theroon., arid; _ FURTHER PROVIDED, that . Mortgagors . shsall duly, promptly arid. -fully ,perfor f and comply t?t3tth .and abide by all. of A he cow®nanta; and ' agreezente_._of the said Moto and' this Mortgatge' acid every. othsr . instra?aent ' securing said a!tota,- than th?rt Mortgage and the 'ontat+e t hereby= created shall c "se arid" bPr ass ? ari d ' void. AND PROVIDED • ALWAYSt and this. Mortgage is, r lYOn upon, this. express condition• 4 that 1,t said °Nort a, shall aqa pay the indebt+?dness evidenced- by said .Promissory , Note - and All, =renewals, and` oxt nsic?ns thereof,, together wfth interest,thereon and all other sutras s oared by - --Wis_ My gags , an s a i`u3-iy - pe=form, 'and co?npl y. ?t th al]? the covenants and ' agreemeints. * of said' Note .and ?thia'Mortgasgsand?' every . other instrutment securing said Note4 then this Mortgage and the estate hereby` granted shall •ceas+a and be' nuk3 ;arid we'd: ` [ P UP theMo_irtgagors covenant' • ahd agree to a iid with the Mort a as fof 4 gee: lows 1. Mortgagors -shall pay the piincipatl and interest and :the arious ' ;araundrY sums' of, mone F• " e y payable by virtua-ol' .sand Promissory Note,, and .this, Mortgage and, every other instrvment...;secur ng `said Nate, ; . promptly, on the: days the .,Same becosie -due, and tort agcrs will "promptly perform and comply- with each and every other' covenant., and agreement in . ga-3d . ` Promissory Note ak?d,. this: 'Mortgage °and every other,, instrument 46our:04 said rote. ' s?k# 60fic t 466 itD, ?k#?k - - DQ0K'7 B '2330 r. , ? 1 R I G L . .. . r reg4grd to iny'law heretofore or hereaftetr enacted imposing payment`of ' tho , whole.or_any part thereof upon Mortgagee;--upon the passage of -any law..iMposing the .payment of the Whale or any part, 'thersot_ upon _ Mortgagee or upon the rendering by any appellate court of"competent jurisdiction ,-:?of --a decision that the undertakir4.by,Mortgagors to pay such taxes _As legally .,inoperative, then -the indebted,a*s hereby # securbd without deduction, shall'. at the option -of°Mortga(jer; b46fto immediately ,due and payable, notwithstanding anything constained;in the. Moietgatja or "any' law heretofore or . hereafter enacted; and Mortgagors shall not suffer or permit any such taxes or assessment's ' on the,.said premises,, or which---may ' be' or. become a lien on the # - premises, ' to become or remain delinquent or permit. any' part thereof, ' w or ; any;, interest therein to be--,sold for any' taxes or asses,amantst AND, ` -- FtJR'THER, :shall furnish- annually, to. Mortgagee, • ?: at ._ its principal . office .,at,, least ; thirty (30) days prior to the-date when they would y become 'delin5uanti' " iecei fs _ of'. . :.? p proper ol?ioezs'y: showing ? lull payment , of.-all', _such,;taxesand assessments. If Kortgagorw shall'fail - toy, timely deliver , such -receipts ''to ; Mortgagee" as soy requiredthe ' Mortgageei. .at _ its_option ,_ may, have the public "records, of the County y, wherein `the premises,is_situated.to.determine 1 that 1 such taxes and assessments,. have 'been -_ paid,:' If' `such `search,-is. made,; the- -Moztgagors agree :to,- pay the costs of such search; which, cost shall be-paid from °QSCrpF funds" iY?" Mortgagee's or is agent's 'possosfsion, ` it'anyi or cif _ not, same', be added to the 'indebtedness. secured'-by this,-Mortgage. _ -. ., 3.;, "Mortgagors shall., `pay all ` debts, ' claims, or other charges;,that' may become :liens, against trie preslsea,.`or any, part thereof--; for , repairs or improvements that;:; aiay_, -have .: bsien, or may _ hereafter berg nado on the pre= ieea°atsd"shall t :pei?a t.ary lion, eor:. encumbrance of, any kind which night become'su for to the title`'1Df ( . Mortgagee' or the l'ien' of this 'Mortgage to accrue or:renain on-the premises or any-part thereof. ~.Mortgagors shall, at Mortgagors, sofa expense,. provide; - constantly mairktain and- deliver, to' mortgagee, policies of - tiret::artid extended 'coverage insurance and an insurance • policy upon the buildings, • ' improvements and personal property 'now or h46reaf"r,1.1 situato ', on the premises and shall provide; oonstantly maintain- ' " . deliver, 'to Mortgagee such liability insurance, rent insurance against ` abatemwtt ,of rents,' and _ bother insurance against such iinsurabla ;haaartis, -easualttie ?-- - quid boy Mortgages.: The aforesaid insurance must be upon 06licy forma-and ' with companies in tort aAd in amounts of 'coverage satistaotbry to Mortgagee-,; ':Mortgagors shall assign-and 4eliver, o X6rt4gagse,-4dth? satisfactory mortgagee cl3tuses and, with loss ' payable *o?.ely -to Mortgagee;- all such insurance policies of,'any kind. or in.ahy amount °-. now or'-` hereafter so issued, upon or Ph respect to the premises, ' together-with paid receipts f6r`current-.y4ar14 premium e t i g' not,, lose ',than twenty (20) days in advance of the at ch e 4of on su i policy, to.delivor tosaid Mortgagee a renewal thereof,'together'with ' ' > a paid receipt for the premium of such -rehswal. There shall to no p such insurance, placed On any.af said buildings, any 'intgrost,.th•rein ' s or part; iAereof,' unless in the. form.pnd with -the loss 'payable-as } aforesaid. " Mortgagors shall"-,give imm;odiate notice in writing to Mortgagee of any loss or damage to the premises or. in respect-thereof caused by any casualty. , The Mortgagee -shall have_.the__rghtio_._assicfiz' all such, policies to_"any assignee of this. Mortgagee ' or to- the - .purchae:er 'at any, foreclosure.sals hereunder, or any sale in'lieu of foreclosure:, Mortgagors shall give Mortgagee immediate notice at - ? -=eta-- -principal ---? off ice of any lose or dsaago to the .prises caused by any casualty.' n the event-of loss under any policy required to-ba _t deposited with the. Mortgagee, the proceeds thereof shall -be<'paid.by t " he insurer to the Mortgagee, )who shall have the _right to,,sAttle or oonpromise ?- claims "under-all h li i ' . suc po c es and _to desand, raecaive and _ _3 . , t PE V - ° t ? U POOK 7228 OE 2331' ," a OR 11GI N A L ' receipt" for all> jonies becoming payable thereunder'. 'Xgrtgagee in its sole, discreti,cn, shall..apply`the proceeds of such policy paid by. tlii insturor to the Kortgagee, wholly or partially after deducting all - s co ts of collection, including reasonable attorney9-1 fees, either as " "a payment on a gpgnt.of such part of the. indebtedness;secuxsd.hersby° , as Mortgagee, bay •elect, without affecting' the-amount or time for - payment' -of other :ipstallmanU. required ?hareunder, or,, `whether -off hat th+n ? due or.r?pay* ble, or toward ths`alteration,.reconstruction, repair or rostoratiiN • - of--tha pramisss, either to the portion thereof , damaged by', such .loss thereon or any portion thereof. The Mortgagee shall"not be # liable for the insolvency or'irresponsibility or any company approved ' ? or ?accepted or selected by.Mortgagse. 5. Mortgagors- 'stihll- kelp the premises in good condition and repair;-Treasonable wear and tear excepted.. Mortgagors,*hall ?not pe performany act' whichin,any wny_ imp airs the value .ol the or , premises 'rto"r„ rem ova any rixtura'nor remove nor demolish any building or im rovem nt o t d ` s ' p e , l ca e on the premi es, nor alter the arrangwient, design,,-or structural' character":,thareof', nor make-any repairs which ' j r involve -removalof structu'ral,parts .or the`exposure 'of,the.interior `s 'of such building to the Qlement's, nor'arect.or permit to be erected. -any new .buildings,. on-,_the premises or'add.any addition to existing ` g . improvements without the prior written consent of -Mortgagee. 6....'Mortgagor, ; further represeilts, warrants and covenants to and with'Mortgagee as follows: N A. To .the best of Mortgagor's knowledge, none"o!-the - real , property" owned._and/or occupied by Koi`tgagor and -Iodatedin=the State of Florida, .including, ,;but not 4isited to,-- the;property, 'has ever- been used -by previous owners-'-,And/or_ operators '.to',refin*, - t Prc uce,' transfor rocesr or `transport' a y h d s a a b ' p n - az r ou su st nces, toxic`,-?rastes, toxic chemicals,?petrolsua;substances,?asbestos, urea ? 1ornaldshyde,_,toaa insulation, transtormard or other;oquipment'.which ` contain:-, dielectric .,fluid.- containing levels - . of polychlorinatec!" ' _ biphenyls or, other governmentally regulated substances (hereinafter called, *Hazardous substancesPy'. Mortgagor has not in the past,.nor will :ortgagor in the future, use said real property; including, but - not to, the purpose of rininq, producing; transf rri s i o - s ' ng, proce e s ng or t an p rting,said.Hazardous:Substances.: - 8. No lien has attached tdtany'revenues or any raal' mortgagor and located in the State of or- personal 'property "? i Fed by Florida 1 ic d'to h ' ' e m , t , ng e Property, a* a result.of any - governmental entity expending` monies as . a result of` :;an ' , intentional or, unintentional action or omission of mortgagor or any , previous. owner and/or operator of said real pioperty,'.including, but.., r` , -- not_wlinitedto, the Property, resulting in the -releasing,-spilllinq, pouring, emitting, ' amptying or dumping of Hazardous Substances into `or-`ontoa_lands or-waters located within the State of i o Flor dan or ont lands or into waters outside the jurisdiction of -the - ` _ State of Florida, where damage may have -resulted' to the lands, waters, fish; shellfish, wildlii'e, biota, air and other resources owrwd, managed, 'held in. trust or otherwise controlled'by the State of Florida. C. Mortgagor has - not received a summons, 'citation, directive, letter or other communication, written or oral,'from any' ; governmental,", entity concerning any intentional. or unntentional_ ' action or : omission on. Mortgagor's part, or for which it is alleged J Mortgagor is or- may be responsible, resulting:: in'the releasing, [ .;spilling, leaking, pumping, pouring, emitting, emptying or dumping of E _Hazardous 8ubatances into the"vtdtere or onto lands located within the State. of Plorida, or onto lands or 'into watersi outs ids the -- 4 . -? z o N a- !V C- Q?j ? i \ ? ? -0 _ J F .. Aii BgOK _728.: .2332 .0 R I G I N A L jurisdiction of the state- of Florida 'resulting in damage to `the, lands,, waters, fish, .shellfish, wildlife'or". biota, air and `other.' resources' owned, managed;" held in trust otherwise controlled by the State of Florida. D. To the best of Mot^tgagor's knowledge, none.of the - " real property - owned sand/or occupied- by, Mortgagor .and located in` the State.- of lorida, including,' but not limited to; the Property, . has aver,- been used by. previous owners and/or. operators to g/nerate, manufacture,.. r®fine, ts'ansport, 'tzaat' or dispose of Hazardous Substance a, and Mortgagor'-will'-not use, any of its real property located in Florida, -including but not limited to, the, Property for. such purposes. R. s Mortgagor has conducted - ar site lhbpectidh of the ' Property '-to. determine the presence of conditions indicating; as well j as other tests ,to determine, the presence of Hazardous Substances and- has, fognd no evidence, at the presence of any such.. Hazardous Substances, on -ors about the. Property. =F. Mortgagor shall not cause or,permit to exist as a ` x•result of an intentional or unintentional action or omission..on`its--? part` or far `which -it is • responsible, 'a? re:?eacing, spilling;, leaking,. pumping, , emitting, pouring, -emptying or dumping of any Hazardous Substances, into. waters or,-onto; lands located'within_'tho $tat' of ,., .} k Florida, or'onto,th* lands or into the 'waters outside the; jurisdiction 2 of the State of Florida where damage may r esult to the lands, waters fish 'shellfish'wildlife biota d other resources', owned, managed, ,,held in trust or otherwise controlled by• the States of Fl'orida," unless said release, spill', ioak','etc. is pursuant to.ina in - -r complianci'..,with ,-the conditfons? of'.a permit-'issued-by the appropri e,?- lot '-. _ i,. foderal or., state' governmental "authorities'. '' G. In the eventthatthere shall be filed a- lien rt-' against.' the Property by any governmental `entity, as a result of the need to °axpand' or the actual expanding of monies arising from, an intentional' or unintentional action; or omission';of Mortgagor of for whichh Mortgagor is responsible, resulting in`the'releasing ,--spilling;; leaking,,, .pumping, emitting, .pouring, emptying Or - dumping ot any u Hazardous Substances into the waters or onto lands located within the 4w-LA Onto -tho-lifift- jurisdiction , of the 'State' " of°'Flor y r-4 _t-ta.'thi waters," fish, shellfish,. `wildliio, biod?gaira ay-r-4 ._ ?- lands _and other other .' resources,: owned, managed, held in trust br,otherwise controlled'by " the State of Florida';' their Hortgegor shall, within thirty (10) -days, from the date that Mortgagor is given notice. that, the 1i6kn has been placed'.. against .thi Property, or wl-thin`such,shorterperiod of time in _ thM event. =that-thk Staite'o! Flor t2a; t64i`Vhited' Stags govornment or any. other. ',governmental ,entity --'has commenced steps-`•to°' cause, khe Property to be sold pursuant to'said lien either (i) pay-the claim and remove the, - lien from the Property; or, (ii) furnish (a) a bond satisfactory .to-''the title insurance company, insuring•Mortgagoe's t interest in the Property and Mortgagee:. in the amount of the claim out - i of -which the'lien arises, or (b).'a cash deposit in the< amount,,of° the claim' out of -which the lien arises, or '`Cc) other security satisfactory to Mortgagee in an amount sufficiant to discharge.,the s Clain out of which the lien arises. r. 7. Mortgagor shall comply, with ;.ill _ laws, ordinancgs, regulations, conditions and restrictions aftacting .the.promises) and ' shall not" buffer, or 'perm t any violations. thereof: 4 I r ijf r u aU 1-1 j9 Q N .--q Q LQ Q ?d U a ,. *** OFFICI COR • ? -SOUK 722?g:,' ?? 2333 :. 0 r 8. If Morta ore. 'fail to. insure the 4 g premises, or to pay.. r and furnish .,receipts for all, taxes and assessments,, or to 'pa°y dabts,. claims + or other `charges for repairs and improvements,-or to keep the premises in good'' condition and, repair, . _, all _as provided herein, Mortgageeaay,^ at its option, procure such insurance, pay such taxes a and .assessments,, redeem the property from any, tax sale procure.-such - 3 -r ece, iptsor enter °premises and make'sueh rbpairs as it may ,deam, necessary; a MO agors shall pay to `Mortgages a1.1 ,sums which ' ' it" shall have so. id,, together with interest thereon at a',rate equal to the:highes r?annurz interest rate?now allowed by tha'lnws of the State -of orida from tha.date the same was paid, and"for, payment thereof •this Mortga hall st e u i i ,. ge s and,,•as s c rity n•l ke manner and : ' affect. as- for the payment of thi indebtedness referred to .above ?.but" the failure "of :Mortgagee to procure-such i,nstanoe, to pny' such taxes , ' J .;. ' and assessments, . to :redeem the property, from any tax sale, --or" to° sake ' repairs? :halls in'? no _..way, render-,Mortgagee_ liable toI.Mortgagors. If Mortgaget" shall elect to advance-,insuranc'e' "pramiums, taxes, . or ^ as, or° redeem from tax.sale, the receipt of the insurance company or:of the proper talc official "shall be conclusive-evidence of ",- they-amount, validity, and the fact, of payment, thereof. ° 9.. That -the abstract oi, abstracts of title covering the premises shall at all t1ies,-during the life of this,Mortgage, remain in the possession of, the Mortgagee and. in the event 'of"--the u foreclosure- of ,"this - Mortgage,_.or other, transfer of.title, to the premises, in extinguishment `of the indebtedness secured hereby, all " right, title and interest '?of the Mortgagor in and to any such 1 abstracts of title shall pass to'-the purchaser-or grantee. 10. 'Mortgagors shall' pay, to"Mortgages all sums, including^=- ? costs, 7 `dXpnnses, " ;; and: reasonable; agents or -attorneys tees, which it ' . may :expend- to become .obligated- to?pay in-any proeeedings,`legal or ; otherwise, to-prevent the commission of vast* to establish' or sustain ' ? ' ^ the lien . of, this, Mortgage or its , t , or to ri o 'defand against ? > ,. , iryg li ens,, clabis rights, s or estrietions assert . easomeni r . priority,-to this, Mortgage; -in `pay?rant,4 settlement, discherge,or releASe _Of any- •?-asserted llen,--claimy right;-eassment or restriction-',1 d ' n a i " ` ma e upo dv ce of :campetent counsel that the same.is.superior ,to the, lien of this `Mortgage; for title'insurance,`abstract of title or 'extension , thereof;: or . in - connection -'witti any suit to enforce= or °" - star ram[ .'th3? o o recover any, sums hereby secured. `All g g su ms so h s id`b Mo t ha n s l g c u a r a ee s ll bear i tere t at a rate equa to the highest,: per annum interest rate allowed by the laws of the' Mate ` of Florida, until paid, , and for payment of such.sums,and interest, this, Mortgage shall stand as security.-,,In the-,event sub's ejuent'laws ' , Y of : the `- State of ,-'Florida ii1crease.the highest. rate of interest now allowed' under -`,the IaWS of the State' Florida which ,are applicable to this Mortgage and "the,<Proni'ssoryNote secured hereby, then the interest, , rate now- allowed under 'the laws of the State'of .Florida shall `.:be deemed to 'include such higher ,-rate of.interest=except to the k extent that such. higher rats wbuld be usurious if applied-to tho' , unpaid:principal balance hereof. L ! 11. That if- any t+f ' the , stiffs of money payable °under d?1C secured by the Mortgage be not.'fully paid when the "Am become due and payable, of if there be any,breach of this Mortgage or 4afault herein. on the,part of Mortgagors, or,if any term, covenant, agreement ` or sti ulatiarr of sal said Promissory Note , or of, this, Nortgage--or . of any i other,. trument" ns ring said Promissory Hote is not. promptly and :'fully performed, ..then in.any.and each such, 'event, the aggregate suss. - secured 'hereby,, except unearned interest, less previous'payments, if ?any_, _, hall,. at the _option of•, Mortgagee, become due and payable forthwith 'immediately as-,fully -and aompletely?_as if originally ' stipulated then to be paid, anything in said Promissory Nate or in 1 ` Ui W CV +--I L6 CYD 0 .. ... *..r OFFICtAL. RDg *s#. p0i]K 72'?B 2334 O I I NI P L this Mortgage to the carntrary,,notwithstanding; .and thereupon or-. theroafteir, at the option of Mortgagoo, without notic#-or demand, - suit ' t 'lawn or'.in- equity, theretofore or thereafter,bogun,,may be prosecuted as if all suss hereby secured had matured prior, to its - it?stitutir?n, . , ,,a t If the indebtedness secured-hereby=is now or hereafter further secured by 'security agretaents,--;pledges,--contracts %of -, guarantee; assignment` of leases or, other securities, or if the ptemisas hereby- --encumbered ', consist,-?of__:more than "one (T) parcel, ` . ,' Mortgagee slay, at Mortgageefs option,-.exhaust any one or more of-said securities and'' the security hereunder, or such-."parcels' of the ' • _ premises, dither concurrently or independently, and in such order as v. Mortgagee may, determine. a 13'. Mortgagee skull: 'have , the right to %enforce the lien of. .this Mortgage against:-all or. any portion of the premises and, to cause ° :• " all or` any portion of said premises -to 'be sold 'for ,payment and.' satisfaction; of any-- decree ' of 'foreclosure without--:any right of , Mortgagors or -,those claiming under`Mortgagors to any marshalling of liens, exonerations of security,. or other similar rights or remedies. 14. No delay or failure of,Mortgagee to, exercise any option . herein given or reserved, shall constituter a:waiver•ot'such'option or e to M - s p, ortgagee from aftertiardsexetclsing pp or arty atlior option ; ` _ at any' time , and:; the paymant or, coy. tracting - to , pay by Mortgagee of . anything ', k1ortgagors have herein 'agreed;. to pay shall not constitute 'a waivez of the default of Mortgagors in'failing to wake said payments and shall not esto Mo p rtga9ee froi,t foreclosing,-- this Mortgage on ? count: of ,,.such,,failurre of Mortgagors. TA r' ights,, options, powers, ' i - ac , d remedies herein,.'- rovided shall-be cumulative and-=no-ono or -wore,. of then shall- be exclusive .of t.ha, Other or others, 'or of ? any right, or-• remedy now-or hereafter given,or aclIowad'by law. The -?granting-?to the .`maker °or. endorser of the Moto " secured hereby,'Mortgagots, or to any, other person of an extension or extensions - f im t N . o t he e- of, Peysent of ote ors, any sus: due under or " secured y this' ` Mortgage, or the taking, of . other' or additional s cu ity, fo en v ' e r r paym t thereof, or wai er by Mortgagee of or failure to , ' ` I enforce any' covenant. or stipulation of the Noto or this Mortgage or " to A decl-r- - t -a?'-C lt ' a f: _ —- of ni au thereunder shall; no- _J. any.isubsequent default or;:affect the right of: Nortgagee.to'sxsraise ¢ any fight hereunder not expressly .waived in writing, nor'.oporateasxa. i re?eaao from , any peradn al liability • upon' the Hote -or under any ' ov n nt i . c a e or st pulation of . the. !mortgage notwithstanding that the ? ' original makers or, endorsers are not, party, .'to such agreement of modification,: extension, or ;note, ' nor had any. -notice thereof P - ",in the - event damages are awarded for the taking of or i; , injury to the premises, vhother such taking or injury be don:'under. I , t he , power, of smin4nt doma in or otherwise,, all suchA-magos' shall be 11 , paid to, Mortgngee.to be applied as a payment on account of such part - of: the indebtedness -secu ed hereby, 'as, Mortgagee- may Jkloct?, -without :? - a f cti e - ' -r e f ng 'th .amount or tine for ,,payment : for other installments , required -,thereunder,, whether or not said indebtedness is then due dnd`. P Yab1e., • - 17. Mo rtgagora agree to furnish to Mortgages, upon request,. ?...:.. , Satisfactory.: written. .-estoppel '•'cartificates.- reciting .=.lmartgago.Note i principal.,balance and interest due, and'indicating.existing defenses or set-offs, if any: _ r 1 - ILI l If 10 ?. o mu u CO ? V U_ ?d !IJ 77, P 23 3 BOOK i22IR lick r r is. -- The rents, income--and profits; of, all and, every part of ' the premises arq, hereby apscifically,pledged to the payment of the debt and all other,obligations hereby secured,If default,shall'be made yin the payment of the said indebtedness or ahy. part thereof or in .the,.perfotaance of any Covenant or,, agreement of -thisMortgage; or of the; said indebtedness, Mortgagee shall- have.theright forthwith and without: notice ':to enter into and upon the •prouis", -,take possession thereof,' and collect said rent, income, and profits, with or without:. the appointment of a receiver and -regardless of the adequacy of the security` or'the,solvency 'of Mortgagors, shall be_a matter 'of `right to Mortgagee. All such not income, after payment of f av collection, management arid, attorneys. tees. shall' "beapplied t64ard Atha payment of any advances made by xortgages or in:;reduction of any-:, indebtedne*s,, including interest thereon, hereby, 'secured in = such manner or-proportion as.Mortgagee may elect.' - j 19. It 'is further covenanted and. agreed by said 'parties that_ in,, the event-of suit 'being `filed to foreclose this mortgage the -Mortgagee shall be entitled to-apply at'-,any time pending such foreclosure suit to .the court having Jurisdiction thereof for the ,& ointment 1. of 'a receiver, of the Mortgagees choice without bond of alppand singular the mortgaged; -property, an&bf all, rents, 'income, ' profits,;,.issuea .and revenues thereof frog whatsoever source derived; and 'thereupon 'it is hereby expressly covenanted and agreed that the Court shall forthwith .appoint' such,,,receiver with usual powers-'and , duties of receivers 'in ;like cases; and said appointments shall be nude by the,. court , as a matter of, strict right to tho.-Mc rtgagee, and without •reference' to- the adequacy or inadequacy`of the value of•the pro rt ' pe y,:hereby mortgaged, ',or, to the', solvency"or insolvency of-the . Mortgagors "or" any, other. party: defendant to such"suit. Thy Mortgagor hereby•`apecitically waives- theright to.object to. the appointment. of a receiver` as aforeslid dhd 'hereby. -expressly consents that such appointment shall be ,made as'an -admitted, equity and as•a matter pof.- 'absolute,' right to the >Mortgages and that"the sane°say be done without notice to , the. Mortgagor- - ?10. Mortgagors, without?first,obtaining the written consent J of Mortgagee hereto, she l not-' (a) assign the rents, or, any., part ' thereof; from the.'-pros isms, (b) consent to the cancellation or' surrandar_•of any lease. of the --premises, or any part thereof, now i existing or herea&ar to .be ;made, having an unexpired term of -'one (1) year or more,. (c) modify, any, such lease ,_.so as to 'shorten the unexpired term thereof, .''ox sa.an to decrease the amount of the rent payable thereunder, A (d)- collect rents from the premises for',aore, than" one (1) nontlt in, advance. r 21.- That 'the Mortgagor will HO!'encumber,,by mortgage 'or otherwise, or allow the creation or filing of-any liens against ttv ro rt ' or sci?= convey, assign, transfer or otherwise< dispo" of i its interest in the p=eaises, or any-par"t?tliereof; or changeok allow >..-.- amaterial' change in the identity`or control'-of the Mortgagor (other than .through-death) without first obtaining the prior written consent of the Mortgagee to such event,, which -consent maybe withheld'in the sole ,aj;d -absolute discretion of Mortgagee,, and the whole of the principal' sum and interest shall become due?at the',option of the Mortgagee upon such further enpnmbrance, by sortgAgi',or otherwise., pr the sale; conveyance, assignment, transfer, or other disposition, or p u&n the occurrence of a material change in the identity'or control-.; ' of 'the Mortgagor ,.(other than through death)' without such prior ? wrJptten consent of the Mortgagee. If the Mortgagor is now,br hereafter an artificial' entity (for example,'a corporation,: general R' partnership; limited' partnership; 'trust, tenancy ,in common,. joint vonturoa_ etc`.); then, without the, prior`, written consent o"ortgagee, any of the` following :transfers, - conveyances or encumbrances shall- constitute a default herein:- (i) any tihnssfor, conveyance or 1 , r - ' .> 91. ? - o c. - r-i Q 4 C1 \` Q 0 Q ? a U ?? )3ppK 72•I1t3E 2??3b ., encumbran0s of all or any interest if%,such-4rtifieial entity or (ii) any -transfer; cgnveyance,or,encgmbt&nggg, of all or any interest in- any entity or- entities directly or, indirectly owning a controlling-' interest •` ('i0%, or sore) 'in such. artificial o'atity. In the, ovont 3ortgagee _ consents to a sale of the 'real estate, and `waives . its right..,,:- - to" accelerate "the debt, Mortgagee may'imposi "conditions for such = consent, including,. without,'iimitations,;'rsquireaents that the purchasew -vaet' Mortgageefs then existing credit-and other-standards with respect to siailar,such,loans; thdt the-purchaser specifically = assume- the - okd igati6na to be performed under this Mortgaget-that .fees be, paid . ? to the Mortgagee at the time' of transfer's that the Inter4st--?.- rate' e. incresed; that f-now that -title insurancebe obtainadi.that'new`--`'` financing statemnts purchaser agrees tb restrictions € on furthek'transfersx.'or that endorsements to existing, or ' now,-` hizard insurance policies 'be obtained'. The provisions of' this >Xzticle' shall a'p'ply to each' and every -such encusbreiscoj--com?eyance, •?__ assignxent,. sale, transfer, .or other disposition, regardless• of whether or not the Mortgagee .has'. consented to, or-waived by its -----action - or- ,inaction , --4ts-- righter hereunder- with -respect to any such 'previous further _encumbrance; conveyance, assignment,- sale, transfer " or' other disposition. Mortgagee, however, will not consent to (i),' any transfer less than - the', entire, moj*gaged property, or '°(ii) any transfer ; in any --tore, , including; but not - limited-to; ,a sale -end leaseback, -second mortgage. or, junior' lion which'has, the, effect of creating additional expenso to or charges against the,aortgaged property: 12 1-t there shall bi-default under any prior sortgage and k said default_ shall-;continue for ten'(10)-days or, more, or should any ti `-7-suit- be-,, commenced.io fpreclose, any, prior mortgage,'then` the whole of i the principal. sum secured hereby,:-shall, become due,and_payofe at the _ optign: of the.Martgagsa. In addition, Mortgagee shall have the•right-' _ to= sake payments on any prior soitgage in.-default; and all suchoums paid by Mortgagee,' including interest at,the-highest`rats of. interest , -now allowed, under the laws of the•Stats of Florida, shall be secured by" this mortgage: • ' .. .' ? _ :: -, •. ?td <the a '23 'That 4ttxerit, ppgintmmenti-of'aere ver?trustee-or'li didator?of allnorna ? substantial, part of Mort gagors assets;, 'or, (2) be adjudicatod a bankrupt oz insolvent, or file a voluntary petition in bankruptcy,' or. ??-admit in, !writing:; it inability tQ_-pay its debts as thole become duo-t or (3) make 'a` en al assignment-for the benefit of - creditors,or file a tit on answer soeki' ) instion,- or la,. or arrangement with, creditorse or-`'to take adV tare' d?. reoaannanima 4 y olvency law; or (h) ; file` an answer admitting the-material allegations•of a petition filed' 'against the ' Mortgagors, in, any Bankruptcy, reorganization-- or :y;insolvency,- procoedings'y, or + (6) actiani shall big -taken _ by St Mortgagors for the Purpose of effecting any of he.foregaing, or any corder, judgment orAocree-shall be entered upon an application of ,..,a-creditoror Mortgagors by a -'court, of competent jurisdiction, approving a petition seeking appointment of a reeeiveY--or, trustee of al,. or a :substantial part of,the,Mortgagors''assets -and- ouch, ordst, judgment ok oscres shall continue.unstayed and in effect for a period t of thirty'-(30) consecutive, days,_ or (8) in. the event that. the property -is :rental property 'and the '.occupancy level 'falla.below fifty (50%) -percent: of the rentable space,.-.and continues, for a period of ninety, (p0) consecutive' days; the- Mortgagee say declare the Note hereby of by ' ;s urad mortgage*. forth ith due _.and': payable as. it. ell of thm.said suss Y originally 'stipulatory- .to. be paid on such dtyt and 'thereupon without not'icil or demand say prosecute a suit at -law. or mop ce the foreclosure of this mortgage. r M kdr .... ... .+....... _ -w. u. xw- .... .... -, ,. .. x ., .._ r • ... .. t_ L+n 1 .?--. ,,. .-.w..w....+ _.W ..'amt LIJ ?...? C= c N < < CR i J - LL ?. < ? 0 _•i Z5 V _? a 1 ° 'ter `?e s' $?F''? C 7AL ?x ?.-- AOOK. 7228 237.`t `0,F 24. The tern *Mortgagors", -wherOVer used here hall mean. 1 hA party or .partiou exaaufiinq-the Mortgage, jointly and severally, a' nd all the '-Covehante; C nditionsr and agreements hereof shill 'bind their respective hsira,- ikecutoro, administr4tors, successors 'Arid aseigns;_ and shall . inuis to .the benefit of and'be available "ta"the. 3 successors and assigns•ot'Mottgagoe. ' 25. The term "Hortgagqea'!; -whenever used herein, ihll include and -their respective heirs, exeoutozs, =edministzators,` ' successors arid assigns. 'Me ^Address :qf the principal Office. of Kortgagaa• referred to ' heroin i,r=-_-4304. W. _Cyp'ross Streets` Sts. 415* Tacipao Florida 33607, or at $uoh„othar;•place atthe Mort a ee•herein, r roeX q6 deli ote g, ` in writin r g g '26. -,EACH `MORTGAGOR HEREBY WAZ-ES,,TRIAL --BY:'A JURY IN CONNECTION WITH ANY MATTER ARISING 14ERWNbER OR RELATING HERETO,AND ' EACH MORTGAGORt CONSENTS----TO:BXGWBIV$ JURISDICTIOH.AND VENUE FOR ANY ACTION,;. SUIT, OR OTHER *LEGAL PROCEEDING. ARISING, UNDER OR- RELATING TO THIS NOTE, IN THE APPROPRIATE COURT OF COMPETENT JURISDICTION IN THE -COUNT?6IN' tirllYG`K`"THS `PROPERTY IS LOCATED., 27. The -provisions 0 -"thistMortgage shall be:deemed - #' severable, - ao that it, any,provision' horeof',is, declared._ nvaIid under the "laws l' of-thd State of Florida' or of th6'Unitad States, 'all other =• ''. provisions got", this, Mortgage °sha'll continue In -full force d_nd effect. 28 Tha property described in'` Exhibit oer not E oanstituta and is not Contiguous with'tha homestead or residence of the-- Mortgdgor`or any member -af`hia- family. .,The Mortgagor' residea'_atr r 2152:Oakgrovs'briv*, Clearwater' Florida 34616. a29. if . a- default,,_ occurs under the' Promiosory?' Noteof even data herewith" given by -Mortgagor to Mortgagee in:ith`e original principal amount $200", 000.00 and.` secured, by' a_ mortgage of even , 'dato he row fir'--- anaumberii q parcel- It as"a first. mortggage, and recorded -in:,.;tha " Pubbic= ., Records of pinallaa ;County, Florldae and, further _.Secured . by the .,loan documents,'' said default ahall• be deemed, & defe'ult under,, .this rt cgs, Promissory Note'"and other loan doemahtsI and a P 'default ,,undo 'thl.eIMortgage, Promissory Note. and other :loan documents shall'. be deO"d a default under'tha aforedeeeribed•first, rortgage on' r.,} Parcel . II .and, s default-.under th 'Promissory -Not* secured thereby and the-other loan.documents . . P R EL ,.r ? •"' ; - 3 s .In the event that 9ditgagor is' not so-In default under '.the terms of this.Mortgalo -the Prorniasory; Hate, or other, loan documents, Xortgagor4hall be entitled„ to, a' ;rMleasa' of 'Parcel 11 from' the,'lien,ot'this Mortgage by paYta?anC in full of the $200,000.00 Promissory; Note given by Xortgagor'to Noitgagee this data and secured by a Mortgage 'of even date----. baring Parcel YYiaa _ a firs sncuia !. t, Mortgage,. 4. OTHER; NONE.' IN VITIfESS WHUEOF the, Mortgagors have executed this instrument under seal the da and ' , .. Y Year brat above Written. o Tale -' in ' A OLLOOk . XORIc a's 88CURzK C4TABLR RATS OSLIGIITION. A %N `THAT TER INITIAL RATS- `Of . INT ST WXA2 To APPLY FOR' THE l E IRE' TRR1t SE KORTd?lG3r M , FINAL PRINCIPAL PAbONT,CR. THE PBINCIPn . D c:. ' ' Des,' G$ON , '. `XATtikITY 1(OuLD BE l1PPROxIHA$ELY 0102`11s sii 1b4ETHE7t , MITR ` - ACCRUED, INTEREST 17, ANY AND, ALL r ADVAHC9[sHTB }i?1DR ' BY TH$ XbRTGAOER MMER 1DR TERMS b? T2_II CA020 TER ACTUAL- 87??,7?2tZ+E''`TJbs UPON 1tATGRITYfLA]FVVARXLDIIPIINDIfi C Eet?f.' . TBS: `RATR .OY INl'!!R1lST. ,. . Tied, Xoaiad and delivered n he _r_ e o VALENTINO KOUMOULIDIS L t•- ? o N VL ? ;.. j Lj , LL a c N ©L'.! cf3 7 ? cn SU PNELLAS COUNTY fLl1F *?M*: OF?.YE2Ai.`li?CC1 ;fit;?c t i - INS ' 90-074922 806K 't228 V.2310 ;a ? ? ? dl {Jl. " ?repirad,byr f t ?Rtlt?- J. M6RCAMEfO: K 0,iRIG"N I?L <iRIRKIE?Y, Nc1iERlttY; MCIIQAtI't fOIbMCM? s P 0: sox, I1022 Fort Laiderdrts, F1. 33339 ASSIGNMENT THIS -ASSIGNMENT made this 14th day of March, 1990,,-by and ? between' V1?LENTitlO xopl[oIIZ.IDIB; (hereinafter :.called _,"Assignor*.), .to LIBERTY BQBI)MBS CREDIT COitP., a Pennsylvania oorparation, (hereinafter called *Assignee"),. . W I,,T N ES* E T H: - - -- FOR ~VALVE, received and ad,_ additional, security for. the w indebtedness.- hereinafter mentioned, the,Assignor hereby assigns, x sets,,.- over,,transfera. and- - conveys,unto`tha?Assignee, all the right, £itle 4anQ interest.:. of _the?ssignor_in and, .to;_the- rents,:.. issues, i profits; ;revenues, royalties, rights and benefits, .(hereinafter ,• referred to as "Rents"), from all leases, whether oral,or written 4 executed by .,Assignor to -any, tenant with respect' to the-real.. property described as follows:' I RECOR 1NfT _ SEE 'A=ACHED EXHIBIT "A", "' - The' tern° of this' Assi,g?iia"f sha11 be`unti1. that :csrtain Prom saory -Note and ,Mortghgs (or any extension or, renewal CfO: thereof), dated:'ths l4thm day of March, 1990, made, executed and wsv;? -delivered by, -tha Assignor to, Assignee .covering'' the' above` _ described;._premises for.-the sun of TWO iRMbRED-.THOUS.kw AND N01180 r11A 1(5200,000.00)- DOLLARS, shall have been fully paid and'4satinfind, . +? ???or --until' the 'expiration ' of. th*,, period of redenption"if an • - , any,- at which;'timq'_th4 Assighment:it to,°be dully satisfied, cancelled and released, and thi releasing ; of said Mortgage-0all constitute a- xeleaere hezeof. And to that end the Assignor hereby, further, assigns, sets 'War, 'transfers and'. -conveys unto the Assigns* all leases of said promises- now -sade, "executed or, delivered, whether written or• verbal, onto be hereaftsr_'made, be the 'sane, written or verbal.. _ Arid :the, Assignor doss ,.? 2iereby : authoress and empower- the _ g said Asisignen, to ' collect'-the Rents, payable -undsr all of, said- -leases. above referred to as they shrill beco:Re'dub; and `does hereby direct -each and all' of the tenants of the aforesaid. promises to ' pay 'allch 'Rents as may now.be due,-or shall hereafter become duo to the said -Assignee- upon descend for, paymbnt.;thereof. by- said Assignee. It,-,-is understood and agreed,. however, that no such, demand 'shall be made uz}iess and until there bias boon--a default in .the payment of ; -the indebtedness secured by the Mortgage herein Mentioned, or default inthe performanceof.any,of the covenants stet forth in said ? Promissory--Note' or. said xortgage or.Aasigns<nt of Leases,, Rents and,Pr'ofitsj-and,' until such demand is _made, the. Assignor is authorized' to collect,` or continue collecting said Rents,, but such privilege to collect, or continue collecting said - ' Refits. as _ : afoieasaid - by r the Assignor shall' ?no\operate-. to permit the&t. collect°ion -by_-said- Assignor, its. airs, executors, `administrators or. assigns, of (and,the-Assignor hereby cov -l- 03-- to- 17.28:35 2607757 WJB • ? . ?(?OCJrt'f.'1i?rY ?4T fr?. t-???? 01.. ? _ NG 1 f24,00 RECORDING--' 4 - d n, 1f; M Pdr TOTAL: $24.00 CHECK AMT. TERM' $24.60 CRAN6E: 30.00 ?KARLEEN-F. -DEBLAKER, CLERKr MAR 20, 1990._6101 PM F a , o Mj rX < G? r..i ©? -i cYJ U a a* (Z -F tl At DS -a* ' i BOOK 722g F 2341 C IR IFG N A ' and agrees-.kith the_Assignee-that the Assignor will not collect, '. ..." demand or'-recsive) any, installment-of Rent in advance-of the data " ?prescr'ibed,in sa d loase or leases for, the payment_ thereof. -The-of authorit .and y power -of Assignee to collect,'siid Rents ' from 'said property, gas set:,_forth herein, _may be exercisod and-said . " Rentri" coi acted.; with: `or; without°the taking oi~'posssssion:-of' aaid_ real -;property, , J azfy, parr. thereat, and without -the aecsssity of, (but` nothing rein contained'&hall be 'construed-to prohibit). ' -Assigneels itutinq `,toreclosure of its Mortgage, .and:an action upon itsPromi sory Note or ;an action 'upon _this Assignment ' ' diisqily against the?t herewith 4 enahts under the leases assigned Arid in`furtherance of this Assignment, the Assignor'does r hereby additionally authorize and empower the Assignee,' by its employees; !agents or representatives, at the option of Assignee; _ upon -`the occurrence :of 'any default'; as aforesaid, to enter ,upon , the s'f_oresaid premises and to collect, in the name of'th.e Assignor or in its-,.own name, as Assignee, the Vents accruad,-*but_Unpaid,a ?d..-- an ' arrears at the date 'of _ such default, as''wel1 as, the Rents s ? thereafter accruing` and "becoming payable during the period this ? r Assignment,. is operative; and._ to., this endz the Assignor further -, w t .agrees to,'cooperate-" and- to °assist'the Assignee,-its employees, R -agents or ,representatives, in all reasonable ways with collection of said Rents; ".' o. The 'Assignor doel'`s'thereby 'authorize,` (but 'nothing herein ' shall" , be daamed' to require or'obligate) the Assignee, upon such. ` -_entry, to ;take over and assume the management, .operatonvand ` maintenance of the said',premises`and to perform ill.acts necessary and -proper: ; in.--its-sola- discretiom and to-expend such svas-ai*,may - - - ' i ' be. .necessary . in- connection tt??aerewith,- includfn g the aut?i6i#y to , - effect" new leases, . -to -cancan! or surrender exist'l nq- 3easts, xo " Falter or arnend?' the terns . `of existing leases', 'to renew existing haases, or< t;o sks c cessions to tenants; the AAsign 'k hereby, , releas_ ing -all . claims aa§ainst the ' Amsignas . arising out__af_ such ` ?- - , . ioperit-ion , and maintenance,, siccopting tha--3iab#1ity of Y Assignee to account as'hereinafter set `forth. r . This , Assignment "is given as additional security" tor' the _ performance` of . each and --:al-...-of-the 'obligzitions f anck;-c weants of the --Frosissory Note- and lion a e °abov4 described e sion` (or an ` exte • ; yy n g g or renewal thereof).' . The -Assignee shall., after paysant of all.proper-charges . and_ expenses, including reaaonable• compensation- of; such agents; employees.•'or representatives as,shall be selected or'employed, and ; 'after,: the ' accumulation of . a' reasonable reserve. to seat taxes, _ assessments, utility rents.. and fire and liability insurance in I ` requisite amounts, credit the '.net amount of income. received by it A frgm, the `premises by virtue of this Assignment to any amounts due and owing it by the Assignor under the torus - of said ftvosissiory 1 Note and Mo e 4, buur ttca-rsam?t!` 'of the application of; such net income- and, what shall be credited, shall be determined in the an le discretion of ` the Assignee. a The undersigned Assignor e xpressly covenants and agrees z; with the' Assignee than at the .time_ of, the execution- and delivery ? of this Assignment there has been no. anticipation or'prepayaent,•of any -Rants by` any of the. tenants occupying the above described pxo?erty-, or -by any of the in,any ?of Lessees a above ce ed one leases exce t that Assi nor ma collect a sun p g y not to '.exceed ;one ; _ month'p rant `from 'each "tenant except as otherwise agr eed to by Assignee _2r c - F, J o h - N SLY L 1 r? D -= < O U •? *** 3F?'IO?RECUR?"?" M . PitEs2x BCICIIC '727 . F M . i [G N ( 0 R { 3 It is'further' covenanted' and agreed that the Assignor, _and. its successors or gassigns, shali? have .:;-no right, power- or _ , authority tq sand _ the,, Assignor..... covenants, and_ isgrees with-:the T Assignee that the Assignor shall not)al,tar;,modify or'amend the } terms, or any of them, of any of-the leases. above 'described in bny j particular whatitoever' without, first `'obtaining the-consent '_ in , "writii4 ofAssign8e to such alteration, codification or aeandaant. - -The provisions -of' thii lnstruaent shall be binding" upon and shall. inure to thy" benefits of the Assignor and 'its legal 'represbntativea, successors`or assigns, and upon'ths'.;lssignee, its ' successorar'and assigns.. ` ,Nothing .herein contained shall be,constiued as saking the Asaignes''a mortgages in` possession, nor shall said Assignee-, be liable .for ,laches, or failure to collect 'said 'Rents, issues ' i 'profits, . revenues-, royalties,` rights and benefits, and it:,is understood- that said Assignee;. is to account only for suss as. arm, % actually ,collected. ' . The Assignor. covenants and agrees with'the Assignee that no, tenant'- need determine., whether or not a default has occurred ` makin this Assi`nment.o rative, but shall pay"over the Rents to Pe _ Assignee .upon notice from it to do.so and upon so doing shall,ba . _, relieved from liability therefor'to owner -in all respects: It is further covenanted:' and -- agreed that`the Assignor wi11 keep, observe and perform all" of the, covenants' on' the part of "' the Lessor to be ' kept, oba,qrved _ and -- perforsed_.,, _in any lease. _ ' :... R ?affecting my --portion `of- the- mortgaged' premises. - If the Assignor " fails to keep; observe and perform any covenant of any'such lease, Assignee shw1l have the"right,°'at its option, to keep, observe and ' } 'perform- such covenant on behalf, •of the Assignor or"to declare, f. with'or,•without notice,-'all sums'securedby the Mortgage rferred " ." to; heroin to be, ivjh4diatel due an payable and avail -itself o! env ° A 1 ,-' [TL eiae3 as -_pxow33e? onn ii&-3iortgftW, in the-:vent- af--_ ' - _- dofault: In the event Assignee :ahould exercise its option to keep; observe or perform any of the Lessor+s-obligations under any lease_ affodting:the -premises,, it shall, be entitled to recover from ho' a?esignoi*. 'i>amediately upon demand : any expenses `inc rrad or amounts advanced in erfo i n h' i p rm ng suc cove ants, toge r-w th ' interest at the lawful ',rate r annum, naw.permitted h d t e co ntract un er the laws of State o f`rlorids'from th e a ? the date of such advance. Should :the Asst grsor fail to repay , Assignee any such expanses or. as herein provided', s' Assignee, may,- -At: its option, with or vithout notice, declare all sums "secured by said Mostgage to be^immediately due and payable and vail i lf f n l a tse o a y and;a l remedies, provided for therein in„ 1 the event of default. , IT IS UNDERSTOODAND AGREED that neither the existence 'of this °Assignment,'nor'the exercise of its privilege to collect said i Rents..'+issues,,, :profits,' revenues, royalties,, rights and benefits ' { hereunder, shall be conatrued as a waiver-by the As ignei ,,dk its k , successors " and " assigns, ! of ' the -right to enforce payswtit of the ' debt ?hereinabove mentioned, in strict accordance with°th*- tarns ' and provisions of the Mortage,arW Promissory Not4'.fbr_vhich this x Adii i gnment is given as additional -security. i The "Assi`nor- wherever used herein shall mean the.party o arti s e i r p e ex cuting th s instrument,,_ and all the covenants, t conditions,, and agreements hereof shall be binding #upon such - -'{ parties! heirs, executors, administrators, successors and assigtu#: and sh 11 inure to the benefit of the successors and assigns of_ P. Assignee: c ° -3- _ o t- I ? Le7 r-- C= [-? C4 C' j N t "a j cY 0 J a -, ="' Q J ICE it Y,, O N t-: 17,i 1 :1 j ?V l ? i- N ? ? U 55 7 N TRtlCTIpItS t h.UU TYPL, A )HFORWATOW. and &Vn W" bo POW Poe, rmut W IrpibNi pn?#itTe+?.OMieII, COp1lA Wp} > ;. ? 2 Cttl*Wt P ftv oMka fa %G *&**6A* of aootNvw M ONWA io", sT??? Fi.oA?ox . a >xo sue. , f i _ UNIFORM COIMMEft iA, 0op9 4-. FINANC1NO STATEMIENJ FORA U0 C- AEV,? qe1 { THO FINANCOM ISTATOWNY Is i Ill sff?oa for"!{l ptrswrM fo tl»al flarRt Con M-Ood16< _ DuT001nww?+.ilraea.P.nenl PINELLAS COUNTY ,FLA4 *0i',0FF1C1At? :-RECORDS ** r w?Mt: kot*ULIDIS Valentino INST f •94'-07492 BOOK 722 p'AGE :2348 -- MAtlMtO ADOREae' ,, ,? 2152Oakgrove•Drive x a"` Ieaiiiater - STATE gh 346.16 t Y,r ?? a• ? MULTIPLE CKWOn '. 4 OF ANY) (LUt Marne Feral it a Person) i [ `'NAME: _.__. t? q w.g•? 1B MAILING AD0RE3i! J ?1?} 1 " Ut1 a CITY STATE r t ?si MULTIPLE DESTOR tti ANTI n..at Name Ftmt It a Person) 1 ¢ fixJ I 8 NAME- L6W758 I B V3-*2G- 0 17:27:2 iC 01 UML*4ApDgESS ? RECORDIt $15.00. SATE' ?*? r n ?y TTI..i5. t10 „ SECLWAD PARTY (Last Nama Fiat U s hra4nl?,: , `E4 AN I r TER D00i" $150Go- 1J5hKT'Y_BUSINE5S`R Ef?IT CORP., -a Pennsylvania corporation VM , MAI?f?t4 AD011611E , ? ' 43Q0"W. Cypress street ,, ampa TAti36aY t MULTIPLE fS4C 0 PARTY PF ANY) (LSSf Narnf i7rar tt • P+rabn) 213 > c MAK NO ADORitIS AUDIT. GITx ` JISTATE _ e * K AAlSWNEE 0t•,dECUHED WARTY ry? AN1? '(Last NMna First if Person) VALiDAtiON IMPORMATION r • NAML { Ctt r STATE ` S ^?• M:. Th1r,F MG STATEMENT cowry ?ha fotlo*nq tyoft at items of NOWY t.ne(Wki Mecnpt,on of -1 P,t, "on ,Mich 0"8W „ fff • andownilr 61 raoord %*W rrpuMedl. It more'*pace is repaired; 01116Ch addilgnm i~ett 1'A "M i 1 • }+•- All .goods,, .furniture; furnishing`s; -fi?xturwand equipmdnt, used i,n•_ the construction, operation and maintenance of the-premises described in Exhibit • "A" attached hereto, including bUt not limited'to those items set forth on Exhibit "B". Thi-Faros cing sta'tem' e,nt also',tovers Asstgnatent of ZaeAses, ReinCs` & Profits in connection with said premises, $, y+oceede of -^At" an coverW as yrovide0 in SaciWns E79.?d7 anti 6Tg S0E .F:S. t - - 7,, Nd. ofWWgq addntontf ShMts pfPNnIM: E{ ,g F#odvrnn' Clerk of Court; Pinellas County Florida 2 3ai ICMCt 0) a)AM t}oei,rnentary stamp rasa due and Payove or to beoorme due and payat>ta pursuam to-wtiioh 201.22. F:3. deett o } FlOttda Ddeunlantaty SUMP tsx is nottaqulred; W 9. TINS t Mad *m t the deows siowur? tb PWWI a laeunty interest in eooaterN tCt»ek C) it tap 40. ICllack ] It 1 .. : ?, > f'WbNCLtOa Ncurt l?ttwist ih Jt M!t v luris*kgtlon >MMn it was brought rnlo Inlsl' Sfsfa of dsbtoet Q Drbtol to it trvranliK}?l1p yt?llty' <[ bcal+on tMnped t0 Mb staff.. _. 6 " $I Products Of CONa*W t+7smv red 2 0[ k?ECJ ?ItE? rr+a ProcMde of the ONViIIal coitat" described k" in rrtich a s.cunty Intalat+saa Wfftl IQ. 4 - - Fix (iiL54?7i*)0 wfNCtt tf11 fMinq Hea 4PSad. 4 a. ern t o j .. S 1 • j? ?: + Iral?'fttsT t ctianpe of nstne, idanuty, or corporals structureot the *"w or Ntpribparty, .. r VJ LL. CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REVIEW April 26, 2005 Mr. Bill Woods Woods Consulting, Inc. 322 Ridge Road Palm Harbor, FL 34683 RE: Development Order - Case FLD2005-01010 - 600 Bayway Boulevard Dear Mr. Woods: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 19, 2005, the Community Development Board reviewed your Flexible Development approval to construct a 1,376 square foot multi-use dock facility to provide eight slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 feet) to 77 percent of the lot width (139 feet), and a reduction of the side (west) setbacks from 17.98 feet to 10.3 feet to the dock, per Section 3-601.C.3. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Conditions of Approval: 1. That boats moored at the docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 2. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 3. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (April 26, 2006). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may S:IPlanning DepartmentlC D BIFLEX (FLD)Vnactive or Finished ApplicationsWayway 600 Bay Harbor Docks (7) - ApprovedlBay%IWAW )Wxdgp,i*4AkoWder.doc FRANK HIBBARD, VICE MAYOR HOPI' HAMILTON, COUNCIL.MEMBER BILL JONSON, COUNCILMEMBER ® CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIKMATIVE AC"rION EMPLOYER" April 26, 2005 Woods - Page Two approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any. impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case.. The appeal period for your case expires on May 3, 2005 (14 days from the date of the CDB. meeting). If you have any questions, please do not hesitate to call John Schodtler, Planner I, at 727-562-4604. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v/dgpts/planning. *Make Us Your Favorite! :Sincerely, Michael Delk, CP Planning Director S. IPlanning DepartmentlCD BIFLEX (FLD)Vnactive or Finished ApplicationslBayway 600 Bay Harbor Docks (7) - ApprovedlBayway 600 Development Order. doc LONG RANGE PLANNING DEVELOPMENT REVIEW April 26, 2005 Mr. Bill Woods Woods Consulting, Inc. 322 Ridge Road Palm Harbor, FL 34683 C I'TY OF CLEARWATER PUNNING DEPARTMENT POST OFFICE Box 4740, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 RE: Development Order - Case FLD2005-01010 - 600 Bayway Boulevard Dear Mr. Woods: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 19, 2005, the Community Development Board reviewed your Flexible Development approval to construct a 1,376 square foot multi-use dock facility to provide eight slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 feet) to 77 percent of the lot width (139 feet), and a reduction of the side (west) setbacks from 17.98 feet to 10.3 feet to the dock, per Section 3-601.C.3. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Conditions of Approval: 1. That boats moored at the docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 2. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 3. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. . Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (April 26, 2006). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may SAPlanning DepartmentlC D BIFLEX (FLD)Vnactive or Finished ApplicationslBayway 600 Bay Harbor Docks (7) - ApprovedIBaAq"OJO)kmdyp,rMn6'Qfder.doc FRANK HIBBARD, VICE MAYOR How HAMILTON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER ® CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" April 26, 2005 Woods - Page Two approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve. you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on May 3, 2005 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call John Schodtler, Planner I, at 727-562-4604. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v/dgpts/planning. *Make Us Your Favorite! Sincerely, Michael Delk, CP Planning Director S: (Planning DepartmentiC D BWLEX (FLD)IInactive or Finished Applications0ayway 600 Bay Harbor Docks (7) - ApprovedlBayway 600 Development Order. doc Apr. 26 2005 04:00PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97867479 Apr.26 03:59PM 01'04 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329]. CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REVIEW April 26, 2005 Mr. Bill Woods Woods Consulting, Inc. 322 Ridge Road Palm Harbor, FL 34683 RE: Development Order - Case FLD2005-01010 - 600 Bayway Boulevard Dear Mr. Woods: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 19, 2005, the Community Development Board reviewed your Flexible Development approval to construct a 1,376 square foot multi-use dock facility to provide eight slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 feet) to 77 percent of the lot width (139 feet), and a reduction of the side (west) setbacks from 17.98 feet to 10.3 feet to the dock, per Section 3-601.C.3. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Conditions of Approval: 1. That boats moored at the docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 2. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 3. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Pursuant to Section 4407, an application for a building permit shall be made within one year of Flexible Development approval (April 26, 2006). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may S. (Planning DepartmentlC D BIFLEX (FLD)Vnactive or Finished ApplicationABayway 600 Bay Harbor Docks (7) - ApprovedlBay%WfiO(Q),Vmdypn tiOrder.doc FRANK HIBBARD, VICE MAYOR HOPI' HAMILTON, COUNCILMEMBER BILL JONSON, CoUNCILMEMBER ® CAREEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER April 26, 2005 Woods - Page Two approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required.. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case.. The appeal period for your case expires on May 3, 2005 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call John Schodtler, Planner I, at 727-562-4604. You can access zoning information for parcels within the City through our website: www.myclearwater.com/gov/dots/planning. *Make Us Your Favorite! Sincerely, Michael Delk, CP Planning Director S.IPlanning DepartmentlCD BIFLEX (FLD)Ilnactive or Finished ApplicationslBayway 600 Bay Harbor Docks (7) - ApprovedlBayway 600 Development Order. doc 0 0 T CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, April 19, 2005, beginning at 1:00 PM, in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the _meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. L (cont. from 1/18/05) LBJ, LLC (BJE, Inc.) are requesting (1) Flexible Development approval to permit a mixed use (proposed parking garage and attached dwellings in conjunction with existing retail sales) with a reduction to the front (east) setback from 25 ft to 4.77 ft (to building), a reduction to the side (north) setback from 10 ft to 2.91 ft (to building), reductions to the side (south) setback from 10 ft to zero ft (to dumpster enclosure), from 10 ft to 1.74 ft (to pavement) and from 10 ft to 2.6 ft (to building), a reduction to the rear (west) setback from 20 ft to 0.5 ft (to building), to increase the building height from 35 ft to 70 ft (to roof deck) with an additional 4 ft for perimeter parapets (from roof deck) and an additional 16 ft for rooftop pavilion (from roof deck) and to permit a building within the visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C., and a reduction to the width of foundation landscaping along Poinsettia Avenue from 5 ft to 4.77 ft, as a Comprehensive Landscape Program under the provisions of Sec 3-1202.G; and (2) Transfer of Development Rights of 4 units from 656 Bayway Blvd, under the provisions of Sec 4-1402. [Proposed Use: Mixed use (4 level parking garage with 355 parking spaces and 28 attached dwelling units [condominium] in conjunction with 37,940 sq ft of existing retail sales)] at 483 Mandalay Ave, Clearwater Beach Park, I" Add Replat, Blk A, Lots 2-7, & 15 ft Vac Alley on W & Lot 8. FLD2004-09072/TDR2005-01015 2. (cont. from 3/22/05) Liberty Bank (Liberty Realty Group) are requesting Flexible Development approval (1) to permit retail sales and service (bank) and offices in the Commercial District with a reduction to the front (north) setback from 25 to 23.5 ft (to pavement), a reduction to the front (east) setback from 25 ft 20 ft (to building), an increase to building height from 25 ft to 28 ft (to roof deck) with an additional 3.33 ft for parapet (from roof deck) and an additional 8.83 ft for architectural embellishments (from roof deck), a reduction to required parking from 38 to 35 spaces and a deviation to allow direct access to a major arterial street (Gulf to Bay), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C; (2) to permit non-residential parking in the Medium Density Residential District with a reduction to front (east) setback from 25 ft to 15 ft (to pavement) and a deviation to place landscaping on the inside of the buffer fence along the west and south sides of the property, as a Residential Infill Project, under the provisions of 2-304.G. (Proposed Use: Bank and office space) at 1611 Gulf to Bay Blvd, Longview Sub, Lots 3-4, 19-21. FLD2004-11080 3. (cont. from 3/22/05) Haddon House Inn, Inc, (Haddon House of Clearwater, LLC) are requesting (1) Flexible Development approval to permit 14 attached dwellings with reductions to the front (south) setback from 25 ft to 15 ft (to building) and from 25 ft to 4.2 ft (to trash staging area), a reduction to the front (west) setback from 25 ft to 8 ft from the Coastal Construction Control Line (to pool deck), reductions to the side (north) setback from 10 ft to 5.9 ft (to building), from 10 ft to 5 ft (to pool deck) and from 10 ft to 2 ft (to sidewalk), a reduction to the side (west) setback from 10 ft to 3.2 ft (to sidewalk), a reduction to the side (east) setback from 10 ft to 6 ft (to sidewalk), and an increase to height from 30 ft to 64 ft (to roof deck) with an additional 4.16 ft for perimeter parapet (from roof deck) and an additional 15.83 ft for a rooftop pavilion (from roof deck), as a Residential Infill Project, under the provisions of Sec 2-404.F; (2) a reduction to the landscape buffer along Idlewild Street from 10 ft to 4.2 ft (to trash staging area), a reduction to the landscape buffer along the north property line from 10 ft to 5.9 ft (to building), from 10 ft to 5 ft (to pool deck) and from 10 ft to 2 ft (to sidewalk), a reduction to the landscape buffer along the west property line from 10 ft to 3.2 ft (to sidewalk) and a reduction to the landscape buffer along the eastern property line from 10 ft to 6 ft (to sidewalk), as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G; (3) Transfer of Development Rights for one dwelling unit from 321 Coronado Drive, under the provisions of Sec 4-1403. [Proposed Use: Attached dwellings (14 condominiums)] at 12 Idlewild St, Clearwater Beach Rev, Blk3, Lots 1, 13-15 & W 1/2 of Lot 12. FLD2004-10076 4. George C Clark Investments (Global Financial Investments, LLC / Equity Investments, LLC / KB Home - Tampa, LLC) are requesting Flexible Development approval with reduction of the front (east) setback along Lawson Rd from 25 ft to 18 ft (to building), from 25 ft to 14 ft (to pavement), reductions to front (west) setback along Lawson Rd from 25 ft to 7 ft (to patios), from 25 ft to 11 ft to (building) and from 25 ft to 10 ft (to pavement), a reduction of the front (south) setback along Blackburn St from 25 ft to 10 ft (to pavement), and a reduction to a landscape buffer from 10 ft to 7 ft (to patios) along the east side of Lawson Rd, as a Residential Infill Project, under the provisions of Sec 2-304.G. and Preliminary Plat approval for 248 lots, and as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: A residential development of 248 attached dwellings) at 2520 Sunset Point Rd, Blackburn's Sub, Pt of Lots 10-12 & Vac St. FLD2004-02011A/PLT2004-00007A ?5 Bay Harbor, LLC (Baywatch Suites, Inc.) are requesting Flexible Development approval to construct a 1,376 sq ft multi-use dock facility to provide 8 slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 ft) to 77 percent of the lot width (139 ft), and a reduction of the side (west) setbacks from 17.98 ft to 10.3 ft to the dock, per Sec 3-601.C.3. (Proposed Use: Construct a multi-use dock of 1,376 sq ft for 8 slips) at 600 Bayway Blvd, Bayside Sub No. 5, Blk A, Lots 6-8 & Riparian Rts. FLD2005-01010 6. MSPA Acquisition H, LP is requesting (1) Termination of Status of Nonconformity for density to allow the continuation of an existing 217-room/unit hotel (where 74 rooms/units are permitted today) and for height to allow the existing 155-ft high building (where a maximum height of 150 ft is permitted today); (2) Flexible Development approval to permit a 217-room/unit overnight accommodation use with a reduction to the rear (west) setback from 20 ft to zero ft (to patio/pool decking and tiki bars) and to allow patio/pool decking seaward (westward) of the Coastal Construction Control Line, an increase to building height from 35 ft to 155 ft (to existing roof deck) and a reduction to required parking from 217 to 201 spaces (existing), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; (3) a reduction to the required interior landscape area, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G; and (4) Comprehensive Sign Program approval, under the provisions of Sec 3-1807 (SGN2005-01016). (Proposed Use: Retain existing 217-room overnight accommodation use) at 430 South Gulfview Blvd, Lloyd-White-Skinner Sub, Lots 33- 35 & Pt of Lot 36 & Subm Land on W. FLD2005-01005/SGN2005-01016 7. Sunspree Green, LLC is requesting (1) Termination of Status of Nonconformity for density for the existing 105-room hotel tower, located on 2.383 acres (density to be converted to 78 0 i dwelling units); (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) from 15 ft to 11.88 ft (to security guard house) and from 15 ft to 6.42 ft (to pavement), a reduction to the front (east along Gulf Blvd.) from 15 ft to zero ft (to pavement), a reduction to the side (west) setback from 10 ft to 4.29 ft (to pavement), a reduction to the side (south) setback from 10 ft to zero ft (to boardwalk), an increase to building height from 35 ft to 150 ft (to roof deck) with an additional 11 - 21 ft for decorative mansard architectural embellishments, an increase to fence height within the front setback from 6 ft to 7 ft and a deviation to allow a building within visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; (3) Transfer of Development Rights of 10 units from 41 Devon Dr and 3 units from the Sandpearl project located generally at 500 Mandalay Ave, under the provisions of Sec 4-1402 (TDR2005-01017); and (4) Preliminary Plat for 1 lot (PLT2005-00002). [Proposed Use: Attached dwellings (149 dwelling units)] at 715 S. Gulfview Blvd, Bayside Shores, Blk D, Lots 1-2 & Accreted Land to S. FLD2005- 01016/TDR2005-01017/PLT2005-00002 8. Panaroma on Clearwater Beach, LLC is requesting (1) Termination of Status of Nonconformity for density (15 overnight accommodation units, to be converted to 11 dwelling units, plus 8 existing dwelling units), under the provisions of Sec 6-109; (2) Flexible Development approval to permit a total of 15 attached dwellings in the Medium High Density Residential (MHDR) District and Tourist (T) District with a reduction in the T District from 10,000 sq ft to 4,350 sq ft, a reduction to lot width in the T District from 100 ft to 50 ft, reductions to the front (north along Avalon St - MHDR District) setback from 25 ft to 10 ft (to building) and from 25 ft to zero ft (to trash staging area), a reduction to the front (south along Kendall St - T District) from 15 ft to 10 ft (to building), a reduction to the side (west - MHDR District) from 10 ft to 7 ft (to building), a reduction to the side (west - T District) from 10 ft to 3 ft (to building and pavement), a reduction to the rear (south - MHDR District) from 15 ft to 10 ft (to building), an increase to building height in the MHDR District from 30 ft and in the T District from 35 ft to 52.67 ft (to roof deck) with perimeter parapets of 3.67 ft (from roof deck), as a Residential Infill Project in the MHDR District and as a Comprehensive Infill Redevelopment Project in the T District, under the provisions of Secs 2-404.F and 2-803.C; and (3) Reduction to the side (west) landscape buffer in the MHDR District from 10 ft to 7 ft (to building), as a Comprehensive Landscape Plan, under the provisions of Sec 3-1202.G. [Proposed Use: Attached dwellings (15 dwelling units)] at 15 - 27 Avalon St and 16 Kendall St, Clearwater Beach Rev, Blk7, Lots 6-8, 14 & Pt of Lot 5. FLD2005-01007 9. Robert M Pennock, Melodie A Ferguson, Robert M Pennock II THE REM, & Melodie A Ferguson THE REM are requesting Flexible Development approval to permit 5 attached dwelling units with a reduction to the minimum lot width from 100 ft to 51 ft; an increase in height from 35 ft to 59 ft to top of roof deck, an additional 3.5 ft to the top of mansard roof (from roof deck) and an additional 11.75 ft for stair/elevator tower (from roof deck) and architectural embellishment; a reduction in the rear (south) setback from 20 ft to zero ft to pool deck, 3.5 ft to pool and 18 ft to building as a Flexible Development project, under the provisions of Sec 2- 803.B. [Proposed Use: Attached dwellings (5 dwelling units)] at 665 Bay Esplanade, Mandalay Unit No 5 Replat, Blk 77, Lot 6. FLD2005-01009 10. Clearwater Yacht Club, Inc. is requesting Flexible Development approval to permit a 3 story, 18,500 sq ft Yacht Club with offices, exercise room, restaurant and parking garage structure, with reductions to the front (south) setback from 15 ft to zero ft to pavement and 4 ft to building structure; to permit a building within the sight visibility triangles along Bayway Blvd, a reduction of rear (north) setback from 20 ft to zero ft to paver deck and 18 ft to building and an increase in building height from 25 ft to 46.5 ft to mean roof height, as a Comprehensive Infill • 0 j Project, under the provisions of Sec 2-803.E. (Proposed Use: Marina) at 830 Bayway Blvd, Bayside Sub No 6 Unit A, Blk D, Lots 5-11 Incl. FLD2005-01008 11. Skiff Point of Clearwater, LLC is requesting Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 ft to 15 ft to building and from 25 ft to 3 ft to pavement; a reduction to the side (north and south) setbacks from 10 ft to 6.5 ft to building and 5 ft to parking; a reduction to the rear (south) setback from 15 ft to zero ft to pool deck, 5 ft to pool and 7.5 ft to parking; and an increase in height from 30 ft to 49 ft to roof deck and additional 4 ft for parapet (from roof deck to top of parapet) and an additional 16 ft for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD) / Medium High Density Residential (MHDR) District under the provisions of Secs 2-404(F) and 2-1602(C). [Proposed Use: Attached dwellings (15 dwelling units)] at 200 and 201 Skiff Point, Island Estates of Clearwater, Unit 5-A, Lots 35-36. FLD2005-01012 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on, reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will.be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. 5 days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 5624567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Cyndi Tarapani Cynthia E. Goudeau, CMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING • • REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 04/03/05 12-20-2004 12;28 CORPORATE OFFJ*39362228 0 PAGE4 ORIGINAL Left (i arthTl.ot Owners Name: Left.(Nf&- Lot Owner's Address: I certify that I am the owner of the above property which is adjacent to the property owned by the applicant who proposes to construct a (circle one): Commercial Dock at the following address: a Lo?+G(Z. ulti•Use Dock Private Dock I have seen the plans of the proposed structure(s) and DO NOT object to any violation of the City and/or Co tX setbacks, nor do 1 object 61. a 245 foot DEP/SWFWMD submerged I9nd lease structure setback, if ap 'Cable.` ' --?_ Date 7 NOTARY: STATE OF FLORIDA, COUNTY, BEFORE ME, the undersigned authority, personally appeared a 0 ..' 5:L , well known to me, or who provided a valid Florlda Driver's License to be the person ho executed the foregoing instrument and that he/she acknowledged to me, under oath, that he/she signed the same freely and voluntarily for the purposes expressed herein. Witness my hand and official seal this L4 t}axef~ , 20`( Notary Pubic KVMLW M• At Iaumt: MY COMM15810t4 # 00 0VW EXPIRES: July 1A 2005 LWMy FLN?M?Y n1aAB My commission expires: -7 -16 - I? ?I?7 I'.j??? V LETTER OF NO OBJECTION M0rIA L LC' (?Phol4w Let 1 :r JAN 31 2005 PLANNING DEPARTMENT CITY OF CLEARWATER 01-27-2005 14:29 CORPORATE OF4*139362228 JAM-28-2005 02:11 AM PAGE2 P. 02 ORIGINAL L9 MR OF NO OBJEOTION UM (NoMh) Lot Owner's Noma: l! Left (N*M) Lat own see Address: m .Sio I certdy that I am the owner of the spew Propsrky which is adlowd to the properly awned by Me appileant who pmpoeea to oonetruat a (drde sme): COrnmarclel Dook "Use Doak Prhrate Doak at the followirp address: 536 5, 160(I'c.kQu--? It(.p I have no 9**0on to the proposed struk (s) end PO NOT **KA to any vblatbn of the City of Cberwatsr setbacks, the 101rall a Couft sstbeft, nor do I ob$t to any sstbw* mquired by DEP andlor OWFWMD per to a wbrnMrpsd tend kow. OwnsM ro Date NOTARY: , BTATE OF FLORIDA. COUNTY, NSFORE ME, the underetpned autnorlty, pwnrwlly sppearsd (firY1soo,±u o" b? who pro, ded a valid Florlde odwees uow" to be the pm w who s>osoAR do instrument and that he/she eokmMe ed W me, under oath, that he/she signed the verve lheeiy end V0040fily far the purposes emnesed herein. Wimms my hand and official seat 00 ?,dey a"" carton • ?, ?•` Mr camnwaen ODUMM +-0` CXFft& NMft*W 28, 2005 [Lo-y s7(?? ?Vr,' F,--:??\ JAN 31 2005 Of ?? N UNTO My oammleebn oxp4re: o ? ??L! ,? (/? PLANNING DEPARTMENT 01-27-2005 14:07 CORPORATE OFFICE 81393622as CITY OF CLEARWATER PPOER CDB Meeting Date: April 19, 2005 Case Number: FLD2005-01010 Agenda Item: E2 Owner/Applicant: Baywatch Suites Inc.\ Bay Harbor, LLC Representative: Mr. Bill Woods, Woods Consulting, Inc. Address: 600 BaMqy Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to construct a 1,376 square foot multi-use dock facility to provide eight slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 feet) to 77 percent of the lot width (139 feet), and a reduction of the side (west) setbacks from 17.98 feet to 10.3 feet to the dock, per Section 3- 601.C.3. EXISTING ZONING/ Tourist (T) District; Resort Facilities High (RFH) Category LAND USE: PROPERTY SIZE: 0.562 acres; 178 feet in width and 120 feet in depth PROPERTY USE: Approved Use: Attached dwellings (19 units; condominiums) Proposed Use: Multi-use dock for eight slips totaling 1,376 square feet, with the slip catwalks measuring 36.0 feet in length from a five- foot wide walkout 54.4 feet from the seawall, as accessory to I 9-unit attached dwelling development. ADJACENT ZONING/ North: Preservation District/ Clearwater Harbor LAND USES: East: Tourist (T) District/ Attached dwellings South: Tourist (T) District/ Automotive Service Station West: Tourist (T) District/ Attached dwellings CHARACTER OF THE IMMEDIATE VICINITY: Attached dwellings and overnight accommodation uses dominate the immediate vicinity. ANALYSIS: Site Location and Existing Conditions: This 0.562-acre site is located on the north side of Bayway Boulevard immediately north of the intersection of South Gulfview Boulevard and Bayway Boulevard. It is located along a highly developed area within Clearwater Beach and has Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 1 of 6 • frontage along Clearwater Harbor. The site is located within the South Beach/Clearwater Pass District of Beach By Design, which is a distinctive area of mixed uses including high rise condominiums, resort hotels and commercial uses. Beach By Design contemplates this District will be an area of strategic revitalization and renovation in response to improving conditions on the balance of Clearwater Beach. The site is presently occupied with a two-story overnight accommodations building of eight units (Baywatch Suites), two-story retail building and two apartments (vacant) and a one-story restaurant. All existing improvements (buildings, pavement, and walkways will be demolished and removed as part of the site's redevelopment. The property to the west has been redeveloped into 55 attached dwelling units with seven floors of living area over one floor of ground level parking. This Community Development Board approved the "Harborview Grande" (FLD2003-08041/TDR2003-08004) on October 21, 2003. Town home development is located to the east of the project site. To the south is a convenient store, gas station, and miniature golf course. Significant development has occurred from small motels and retail to attached dwelling units. The approved upland development includes a 19-unit, four-story (over ground level parking) residential condominium building. The Community Development Board approved the "Bay Harbor" Condominiums (FLD2004-07050/TDR2004-09012) total of 16 dwelling units are permitted for the subject property, based on the maximum of 30 units per acre. The applicant is proposing the utilization of three dwelling units through the Transfer of Development Rights from 620, 645, and 674 Bayway Boulevard (one unit each per address). The first level will contain four units, while levels two, three, and four will have five units per floor. All units are the same size, at 1,890 square feet. Proposal: Section 3-601.C.3 requires docks over 500 square feet in area (in association with a multi-family development or condominium) be treated as a commercial dock and be approved as part of a Level Two, Flexible Development review. The proposal includes the removal of the existing docks and the construction of a dock totaling 1,376 square feet for eight slips for use by the owners/tenants of the condominiums. The proposal is to construct an eight-slip dock system approximately 18.4 feet from the seawall due to the existence of seagrasses. The slips are accessed by walkouts to avoid any impact to the seagrass beds. The walkout is designed with handrails on both sides to preclude boats mooring against the walkout. The dock is designed with a T-head, which will have handrails on their landward side to avoid boats mooring against the T-heads, outside of designated boat slips. "No mooring" and "caution manatee" signage are also proposed to assist with restricting boat traffic within the areas of seagrasses and to increase manatee awareness. Catwalks for the slips are proposed to be 31.0 feet in length. Individual slips are proposed 14 feet in width each. The overall length of the dock from the seawall is 54.4 feet. The western edge of the dock is proposed 10.3 feet from the western extended property line and 21.2 feet from the western riparian property line, while the eastern edge of the dock is proposed 19.0 feet from the eastern extended property line and 14.1 feet from the eastern riparian property line. A minimum side setback of 17.9 feet is Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 2 of 6 • • required for the docks based on ten percent of the width of the property at the waterfront, which is 179.8 feet. Code dock provisions limit the width of docks to a maximum of 75 percent of the lot width, or 134.85 feet in this case. The proposed dock width is 77.3 percent of the lot width (139.0 feet). Code provisions restrict dock length to a maximum of 75 percent of the lot width (134.85 feet. The dock length is proposed to be a maximum of 30.2 percent (54.4 feet) of the waterfront width. While not consistent with existing, older and shorter docks, the proposed docks are consistent with newer docks required to meet current environmental restrictions, wherein the length takes into account the water depth at mean low water and preserves existing sea grass beds. The Southwest Florida Water Management District (SWFWMD) requires a minimum three feet water depth at mean low water for boats in the slips. All slips have at least 4.5 feet of water depth (most have greater depth). The width of the waterway at this location is approximately 526 feet. Based on the proposed design of the dock, there are no issues regarding seagrasses. There are no issues regarding navigation and the proposal meets all of the City's Harbormaster's requirements. All other criteria for docks have been met. All applicable Code requirements and criteria including but not limited to General Applicability criteria (Section 3-913) and dock criteria (Section 3-601.C.3) have been met. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. C OMPT.IANf F WITH CTANDARDS AND C'RITFRTA! PRectinns 2-R01-1 and 3-601-C-31- STANDARD PERMITTED PROPOSED CONSISTENT INCONSISTENT REQUIRED MAXIMUM 30 dwelling 19 dwelling units Yes DENSITY units per acre (includes three units (16 units) from transfer of development rights) SETBACKS 10 percent of West: 10.3 feet Yes, See (minimum) the width of East: 19.0 feet analysis the property 17.9 feet LENGTH (maximum) 75 percent of 54.4 feet (30.2 Yes the width of percent of the width the property of the property) 134.85 feet WIDTH (maximum) 75 percent of Dock: 139.0 feet Yes, See the width of (77 percent of the analysis the property width of the 134.85 feet property) Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 3 of 6 • • COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 3-601.C.3): Consistent Inconsistent 1. The proposed dock shall be subordinate to and contribute to the Yes comfort, convenience or necessities of the users or the occupants of the principal use of the property. 2. The proposed dock shall be in harmony with the scale and character of Yes, See adjacent properties and the neighborhood in general. analysis 3. The proposed dock shall be compatible with dock patterns in the general Yes, See vicinity. analysis 4. Impacts on Existing Water Recreation Activities. The use of the Yes proposed dock shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 5. Impacts on Navigation. The existence and use of the proposed dock Yes shall not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 6. Docks shall be sited to ensure that boat access routes avoid injury to Yes marine assbeds or other aquatic resources in the surrounding areas. 7. Docks shall not have an adverse impact upon natural marine habitats, Yes grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 8. All turning basin, access channels, boat mooring areas and any other Yes area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at mean or ordinary low water -0.95 NGVD datum). 9. The dock shall not effectively cause erosion, extraordinary storm Yes drainage, shoaling of channels, or adversely affect the water quality presently existing in -the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 4 of 6 • Consistent Inconsistent 10. The dock shall not have a material adverse impact upon the Yes conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. 11. The dock shall not have an adverse impact on vegetated areas; Yes vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated reservation areas, and bird sanctuaries. 12. Impacts on Wetlands Habitat/Uplands. The dock shall not have a Yes material adverse affect upon the uplands surrounding. COMPLIANCE WITH GENERAL STANDARDS (Section 3-913): Consistent Inconsistent 1. Development of the land will be in harmony with the scale, bulk, Yes coverage, density and character of adjacent properties. 2. Development will not hinder or discourage development and use of Yes adjacent land and buildings or significantly impair the value thereof. 3. Development will not adversely affect the health or safety of persons Yes residing or working in the neighborhood. 4. Development is designed to minimize traffic congestion. Yes 5. Development is consistent with the community character of the Yes, See immediate vicinity. analysis 6. Design of the proposed development minimizes adverse effects, Yes including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01 01 0 Page 5 of 6 • • SUMMARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS: 1) Subject property 0.562 acres property is Tourist (T) District/Resort Facility High (RFH) Category; 2) The approved upland development includes a 19-unit, four-story (over ground level parking) residential condominium building. The Community Development Board approved the "Bay Harbor" Condominiums (FLD2004-07050/TDR2004-09012) on October 19, 2004; 3) Adjacent uses zoned T are developed with attached dwellings with marine dock facilities; 4) The site is located within the special area redevelopment plan, Beach by Design, as part of the "South Beach/Clearwater Pass District"; 5) The proposed dock structure totals 1,376 square feet for eight slips for use by the own- ers/tenants of the condominiums; 6) While the proposed dock is not consistent with existing, older and shorter docks, they are consistent with newer docks required to meet current environmental restrictions, wherein the length takes into account the water depth at mean low water and preserves existing sea grass beds. 7) Staff finds the proposal does not meet the following Commercial Dock criteria: 1. The proposed dock shall be in harmony with the scale and character of adjacent properties and the neighborhood in general. While the proposed dock is not consistent with existing, older and shorter docks, they are consistent with newer docks required to meet current environmental restrictions, wherein the length takes into account the water depth at mean low water and preserves existing sea grass beds. 2. The proposed dock shall be compatible with dock patterns in the general vicinity. While the proposed dock is not consistent with existing, older and shorter docks, they are consistent with newer docks required to meet current environmental restrictions, wherein the length takes into account the water depth at mean low water and preserves existing sea grass beds. Additionally, the proposal does not meet the following General Applicability criteria: 1. Development is consistent with the community character of the immediate vicinity. While the proposed dock is not consistent with existing, older and shorter docks, they are consistent with newer docks required to meet current environmental restrictions, wherein the length takes into account the water depth at mean low water and preserves existing sea grass beds. CONCLUSIONS OF LAW: 1. The proposal is not in compliance with the Commercial Docks per Section 3-601.C.3.a.ii and iii; 2. The proposal is not in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913.5; Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-0 10 10 Page 6 of 6 SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on March 3, 2005. The Planning Department recommends APPROVAL of the Flexible Development approval to construct a 1,376 square foot multi-use dock facility to provide eight slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 feet) to 77 percent of the lot width (139 feet), and a reduction of the side (west) setbacks from 17.98 feet to 10.3 feet to the dock, per Section 3-601.C.3. for the site at 600 Bayway Boulevard, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Conditions of Approval: 1. That boats moored at the docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 2. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 3. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Prepared by: Planning Department Staff. ATTACHMENTS: Location Map Aerial Photograph of Site and Vicinity Zoning Atlas Map Surrounding Existing Uses Map Photographs of Site and Vicinity Application John chodtler, Planner I S: (Planning DepartmentlC D BIFLEX (FLD)IPending cases) Up for the next DRCIBayway 600 Bay Harbor Docks (T)JMSIBayway 600 Staff Report for 030305 DRC. doc Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 7 of 6 J?IS- Io00 lF3ayt, )" l3?Vd- lFL-QZQub-uk'-lk'-l &DI VELLO LAND TRUST MOORINGS TOWNHOMES I LLC FLINT IMP FUND THE WEST BAY DR DI VELLO, FULVIO THE 9100 BAY HILL BLVD 2919 2919 WEST BLUFFS FL 33770 - 2621 400 ISLAND WAY # 703 ORLANDO FL 32819 - 4883 BELLEAIR CLEARWATER FL 33767 - HANSON, JOHN E HANSON, BRENDA E 620 BAYWAY BLVD CLEARWATER FL 33767 - MC CLURE MOORINGS LLC 606 DRUID RD E CLEARWATER FL 33756 - MC CLURE MOORINGS LLC 606 DRUID RD E CLEARWATER FL 33756 - MC CLURE MOORINGS LLC 606 DRUID RD E CLEARWATER FL 33756 - LAGOON RESORT MOTEL 619 S GULFVIEW BLVD CLEARWATER FL 33767 - 2643 DALTON CLEARWATER LLC 2840 WEST BAY DR STE 135 BELLEAIR BLUFFS FL 33770 - 2620 KOUMOULIDIS, VALENTINOS 1050 OYSTERWOOD ST HOLLYWOOD FL 33019 - 4847 ANASTASOPOULOS, ELIAS ANASTASOPOULOS, HELEN 1600 GULF BLVD # PHNO 1 CLEARWATER FL 33767 - 2973 ANASTASOPOULOS, ELIAS POLITIS, GREGORY C 630 S GULFVIEW BLVD CLEARWATER FL 33767 - 2642 SHEPHARD, WILLIAM M THE 619 S GULFVIEW BLVD CLEARWATER FL 33767 - 2643 BAYWAY SHORES CONDO ASSN INC PO BOX 3882 CLEARWATER FL 33767 - 8882 MC CLURE MOORINGS LLC 606 DRUID RD E CLEARWATER FL 33756 - DECADE GULFCOAST HOTEL PTNRS J K GULFVIEW N19 W24130 RIVERWOOD DR # 100 WAUKESHA WI 53188 - 1131 DALTON CLEARWATER LLC 2840 WEST BAY DR STE 135 BELLEAIR BLUFFS FL 33770 - 2620 KOUMOULIDIS, VALENTINOS 612 BAYWAY BLVD CLEARWATER BEACH FL 33767 - 2601 CLEARWATER BEACH SALES CENTER 20001 GULF BLVD STE 5 INDIAN SHORES FL 33785 - CAPELUTO FAMILY PTNSHP CAPELUTO, NACE L 28050 US HIGHWAY 19 N STE 100 CLEARWATER FL 33761 - 2600 LENART, TED THE LENART, MARIA THE LENART FAMILY TRUST 625 S GULFVIEW BLVD CLEARWATER FL 33767 - 2643 ALDINGER, GUENTER ALDINGER, DAGMAR SCHWALBENWEG 4 74395 MUNDELSHEIM 00004 - GERMANY MC GEE, JOHN P MC GEE, MICHELLE PO BOX 3455 CLEARWATER FL 33767 - DALTON CLEARWATER LLC 2840 WEST BAY DR STE 135 BELLEAIR BLUFFS FL 33770 - 2620 BAYWATCH SUITES INC 600 BAYWAY BLVD CLEARWATER FL 33767 - 2601 CENTER FAMILY LTD PROP TAX DEPT-09439 ONE HESS PLAZA WOODBRIDGE NJ 07095 - 1299 CAPELUTO FAMILY PTNSHP 28050 US HIGHWAY 19 N STE 100 CLEARWATER FL 33761 - 2600 ANASTASOPOULOS, ELIAS ANASTASOPOULOS, ANASTASIOS 630 S GULFVIEW BLVD CLEARWATER FL 33767 - 2642 CLEARWATER GRANDE DEV LLC 20001 GULF BLVD STE 5 INDIAN SHORES FL 33785 - ZAREMBA, THOMAS S 1 SEAGATE STE 999 TOLEDO OH 43604 - 4504 r • GIAMMATTEI, CAROL LINARES, ANTHONY GRUBER, CRAIG M 10 PAPAYA ST APT 502 GIAMMATTEI, GUIDO 640 BAYWAY BLVD # 105 CLEARWATER FL 33767 - 2040 801 TWELVE OAKS PKWY CLEARWATER FL 33767 - 2606 WOODSTOCK IL 60098 - 4317 SHEFFIELD, MARGARET HANKINS, JOHN M DE VOS, ROBERT SHEFFIELD, JAMES S 640 BAYWAY BLVD # 201 PO BOX 476 640 BAYWAY BLVD # 106 CLEARWATER FL 33767 - 2606 CLEARWATER FL 33757 - 0476 CLEARWATER FL 33767 - 2606 JANIS, JOHN JOHNSON, PAMELA B WAGNER, WILLIAM H 10300 S LONG AVE 4021 AUDUBON DR WAGNER, JOSEPHINE C OAK LAWN IL 60453 - 4643 LARGO FL 33771 - 559 LORING VILLAGE CT ORANGE PARK FL 32073 - 2960 BALKIN, JAMES M RUSSELL, SHELDON P MC MULLIN, DONALD J 640 BAYWAY BLVD # 206 1415 MENDOTA HEIGHTS RD MC MULLIN, MARGARET U THE CLEARWATER FL 33767 - 2604 MENDOTA HEIGHTS MN 55120 - 500 JOHN F KENNEDY BLVD # 628 1002 WILDWOOD NJ 08260 - 5891 VUJIC, GROZDAN MOSCA, LANA L WOODS, NOEL D 3321 SAWMILL VALLEY DR 1875 MCCAULEY RD 640 BAYWAY BLVD # 305 MISSISSAUGA ON L5L 3C9 00030 - CLEARWATER FL 33765 - 1512 CLEARWATER FL 33767 - 2605 CANADA FOLEY, BETHANY A DI GIOVANNI PARTNERS- DIGIOVANNI PARTNERS BAYWAY FOLEY, JOHN R BAYWAY LL LLC 640 BAYWAY BLVD # 306 CARRIERA-BAYWAY LLC 163 BAYSIDE DR CLEARWATER FL 33767 - 2605 163 BAYSIDE DR CLEARWATER FL 33767 - 2502 CLEARWATER FL 33767 - 2502 CHENOWETH, JOHN CRAIG SCOTT, MICHAEL V HOWELL, LESLIE F JR TRUST 656 BAYWAY BLVD # 2 656 BAYWAY BLVD # 3 656 BAYWAY BLVD # 4 CLEARWATER FL 33767 - 2502 CLEARWATER FL 33767 - CLEARWATER FL 33767 - SHAH, VANDANA SCOTT, MICHAEL V SAILMATE INVESTMENTS LLC SHAH, JAGDISH 656 BAYWAY BLVD # 3 200 BRIGHTWATER DR # 2 212 TIMBERCREST DR CLEARWATER FL 33767 - CLEARWATER FL 33767 - SCHAUMBURG IL 60193 - KINNEY, JAMES H SULLIVAN, LETICIA BRITO MANCUSO, ROBERT H KINNEY, BARBARA J SULLIVAN, JASON D 1457 CLIFTON PARK RD 656 BAYWAY BLVD # 8 17113 RAINBOW TER SCHENECTADY NY 12309 - CLEARWATER FL 33767 - 2502 ODESSA FL 33556 - LE, SANG VAN BILL WOODS DAVID MACNAMEE NGUYEN, DUNG THI TERRI SCAPIK CLEARWATER BEACH ASSOC 3896 LAKE BLVD N WOODS CONSULTING INC. 827 MANDALAY AVE. CLEARWATER FL 33762 - 322 RIDGE ROAD CLEARWATER, FL 33767 PALM HARBOR, FL 34683 9 0 DOUG WILLIAMS, PRESIDENT CLEARWATER NEIGHBORHOODS COALITION 2544 FRISCO DRIVE CLEARWATER, FL 33761 FLD2005-01010 600 Bayway Blvd John V S f JAN 13 2005 2:19PM SPES -R ENTERPRISES 7270 1-1785 SPEELER ENTERPRISES Marine Specialty Contractor - License No. C-42,69- CONTRACT Bay Harbor c/o Woods Consulting Date: January 13, 2005 1714 CR 1 Suite 22 Site: 600, 606, 8 612 Bayway Blvd. Clearwater, FL. Dunedin, FL. 34698 Phone: 786-5747 Fax: 786-7479 Description of Work: Wreck and remove existing docks. Set piling and construct a new 54.4' docking facility as follows: a 5' X 18.4' walkway connected to a 5' X 139' head with two (2) 5' X 31' walkways and three (3) 3' X 31' catwalks on the front. Set additional piling creating eight (8) wet slips. Includes +/- 72' of 42" handrail, +/- 48 piling caps, and X-bracing. Piling to be 8" tip minimum 2.5 CCA treated and hammer driven. Framing lumber to be 2" x 8" #2 34S .60 CCA treated. Caps and double outside stringers to be through-bolted with 5/8" hot-dipped galvanized bolts. Deck to be Pine 01 "dense" E4E, .60 CCA and screwed down w' -stainless steel screws. Work to be as shown on attached drawing provided by Woods Cons g ....... . ........................................................................ $ 65,700.00 Option 1: Upgrade decking and top board of handrail to 2" X 6" composite decking ADD...... . ..........................................................................$ 11,000.00 Option 2: Upgrade decking and top board of handrail to Brazilian Hardwood ADD..... $ 4,300.00 Note: All permits to be obtained by others. Note: Price does not include utilities. The above work will be completed in accordance with the terms, conditions and specifications herein, for the sum of: SIXTY FIVE THOUSAND SEVEN HUNDRED DOLLARS AND 00/100 1$65,7 00 001, with payment to be made as follows: IN FULL UPON COMPLETION OF WORK PERFORMED BY SPEELER ENTERPRISES. Please note: We have federal Insurance coverage, USL $ H and Jones Act. THIS CONTRACT AMOUNT iS BASED ON JETTING AND DRIVING PILING, ANY ADDITIONAL METHOD USED TO OBTAIN MINIMUM PENETRATION WILL REQUIRE ADDITIONAL CHARGES. ALL UTILITIES MUST BE COMPLETED BY A LICENSED ELECTRICIAN WE ARE NOT RESPONSIBLE FOR UTILITIES. THIS CONTRACT MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 41 DAYS. Purchaser Date p.2 727-530-4751 Fax 727-535-1785 www.speeler.com 6111 142nd Avenue North, Clearwater. FL 33760 SPEELER ENTERPRISES, INC. ALE R051? ?__ By: J rey R. Patterson JRN 13 2005 2:18PM SPEO'R ENTERPRISES 7270 5-1785 p.3 (1) DEFINITIONS: As used in this Contract. SPEELER ENTERPRISES, INC. and CONTRACTOR shall mean the party authorized to perform the work described above under the terms of this Contract. PURCHASER, as used in this Contract, shall mean the owner of the real or personal property upon which the furnishing of labor or materials Is authorized, or the owners authorized agent orasstgns who shall authorize such work under this Contract. (2) S AH GES: CONTRACTOR shall make all alterations, furnish the materials for and perform all extra wo..* or omit any work which PURCHASER may require without modifying any other provision of this Contract at a reasonable addition to or reduction from the Contract price herein, PURCHASER specifically agrees to pay for all changes which he may authorize, either orally Orin writing, which are not a part of this Contract, It during the performance of services hereunder, any unforeseen hazardous substances, conditions or occurrences are encountered, which in the sole Judgment of CONTRACTOR sighiflcontly affects or may affect either the services to be performed hereunder, the risk Invotved In providing the services, or the recommended scope of the services, CONTRACTOR will notify PURCHASER and, subsequent to such notification, may (a) If practicable, in the sole judgment of CONTRACTOR, complete the original scope of services in accordance with the procedures originally outlined In this Contract; or (b) agree with PURCHASER to modify the scope of services and the estimate of changes to induoe the previously unforeseen conditions or occurrences, such revisions to be in writing and signed by the parties hereto; or (c) terminate the services effective on the dale specified by the parties hereto In writing; or (d) suspend the services to be provided hereunder If It becomes necessary for PURCHASER to employ other parties to complete work necessitated by the unforeseen hazardous substances, conditions or occurrences. These unforeseen hazardous substances, conditions or occurrences shag include, but not be limited to, discovery of asbestos related products. (3) WARRANTIES; CONTRACTOR HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OTHER THAN STATED ON THE FACE OF THIS CONTRACT INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY SUCH WARRANTIES IN CONNECTION WITH THE FURNISHING OF MATERIALS OR LABOR UNDER THE TERMS OF THIS CONTRACT. CONTRACTOR SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE DESIGN OR MANUFACTURE OF ANY MATERIALS FURNISHED UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF PROPERTY, LOST PROFITS, PERSONAL INJURY AND OTHER INCIDENTAL AND CONSEQUENTIAL DAMAGES. (4) DISPUTES: in the event of any lawsuit arising out of this Contract, or the work to be performed thereunder, the venue of such suit sholl Ire in Pinellas County, Florida, and PURCHASER wolves whatever rights he may have in the selection of venue. The prevailing party shall be entitled to recover from the losing party of costs of any Iftation to enforce or defend any provision of this Contract. Including any and all appeals filed on behalf of either party. Such costs shall Include, but are not limited to, a reasonable attorneys fee and expert witness fees. This Contract shall be governed by the laws of the State of Florida. (5) DELAYS: CONTRACTOR shall not be liable to PURCHASER for delay In the work hereunder by the act, neglect or fault of PURCHASER, or by reason of fire or other casualty, or on account of riots, strikes, or other combined action of the workmen or others, or on the account of any acts of God, or any other cause beyond CONTRACTOR'S control, Including the unovallabllty or delay in the delivery of materials. (6) SON UNPAID BALANCE: Should PURCHASER fag to timely make any payment hereunder, Interest shag be charged on the unpaid principal balance of the rate of 1-1/2% per month until paid. (7) OWNERSHIP OF fURNISHED MbTERIALI: All materials which are furnished pursuant to the provisions of this Contract shall remain the property of CONTRACTOR until they have been fully paid for. Such materials shag not be subject to any bankruptcy or insolvency proceedings of PURCHASER unless of payments hereunder have been made, (B) ?CAANCE ANP FINAL PAYMENT: PURCHASER'S acknowledgment of, or acceptance of any labor or materials furnished pursuant to the terms of this Contract, shall constitute PURCHASER'S acceptance of said labor and materials and the making of the Final Payment hereunder shall constitute a waiver of all Calms which PURCHASER has, or may have, against CONTRACTOR. (9) ASSOCIATION APPROVA : PURCHASER hereby warrants thal any approvals required by a homeowner association or condominium association for the work to be performed hereunder have been secured prior to the date of the contracl. CONTRACTOR assumes no responsibl ity for obtaining such approval or for work done without such approval, 110) BINDING EFFECT AND SEVERABII iTY: This Contract shall be binding upon and Inure to the benefit of the respective heirs, personal representatives, successors and assigns of the porilas hereto, Should any provision or portion of this Contract be adjudged invalid, illegal, unconscionable or In conflict with any low of the stale of Florida, the validity, legally and enforceabllty of all remaining portions and provisions of this Contract shall not be affected or impaired thereby. (11) WORK TO BE PERF,r),RMED BY OTHERS: AB lift wi?ing must be performed by an approved electrician In order for any warranty provisions to be enforceable hereunder, Any work required to be done by other trades outside the scope of Contractor's license, shall be done either through such trade's direct contract with the Owner or as a Subcontract with Contractor. Such Subcontract shall constitute a change order hereunder for the direct costs of either such contract, plus on allowance of 20% to the Contractor for overhead, supervislon and profit. (12) CONSTRUCTION INDUSTRIES RECOVERY FUND: D: PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE-LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 7690 ARLINGTON EXPRESSWAY, SUITE 300, JACKSONVILLE, FLORIDA 32211-7467, TELEPHONE (904) 359-6310. (13) ENTIRE AGREEKWT: This Contract contains all of the terms and conditions as agreed by the parties hereto, and no other agreements, instruments or papers, oral or otherwise, respecting the subject matter of this Contract, shop be deemed to exist or to bind any of the parties hereto, subject to the provisions of paragraph (2) herein. Purchaser inifials JRN 13 2005 2:19PM SP4 IR ENTERPRISES 727 1-1785 p.4 IMPORTANT NOTICE ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB- SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO .MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 7960 ARLINGTON EXPRESSWAY, SUITE 300, JACKSONVILLE, FLORIDA 32211-7467, TELEPHONE (904) 359-6310 Purchaser InlNals FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 Clearwater U F ?. -? Y / r..- Phone: DATE: SUBJECT: MESSAGE 2 r) NUMBER OF PAGES(INCLUDING THIS PAGE) (?--J ll O Clearwater Printed: 2/28/2005 Times are subject to change U AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, March 3, 2005 9:00 a.m. STAFF REVIEW - NOTE WE ARE STARTING THE ACTUAL REVIEW WITH CUSTOMERS AT 9:30 A.M. - ALL COMMENTS MUST BE FINALIZED AT THE PRE-DRC MEETING. 9:30 a.-&- Case Number: FLD2005-01010 -- 600 BAYWAY BLVD [L,? Owner(s) Applicant Baywatch Suites :Inc 600 Bayway Blvd Clearwater, F133767 TELEPHONE: No Phone, FAX: Bay Harbor, Llc 9309 N Florida Ave Ste 104 Tampa, Fl 33612 TELEPHONE: 813-93 6-2221, representative Foods Consulting 1714 Cr 1 No Fax, E-MAIL: No Email FAX: 813-936-2228, E-MAIL: No Email Dunedin, Fl 34698 TELEPHONE: 727-786-5747, FAX: 727-786-7479,_E-MAIL: billwoods@woodsconsulting.org Location: 0.558 acres located on the northside of Bayway Boulevard, immediately north of the intersection of South Gulfview Boulevard and Bayway Boulevard. Atlas Page: 276A Zoning District: T, Tourist Request: Flexible Development approval to construct a multi-use docking facility exceeding five hundred square feet to provide eight slips as amenities to 19 upland condominium units, per Section 3-601.C.3. Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): 2544 Frisco Drive Clearwater, F133761 TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Presenter: John Schodder, Planner I Notes: Development Review Agenda - Thursday, March 3, 2005 - Page 1 Feb. 28 2005 11:51AM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97867479 Feb.28 11:50RM 00'57 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). Traw- mission Report • Date/Time 2-25-05;10:58AM Local ID 7275624796 Local Name Company Logo This document was con-Firmed. (reduced sample and details below) Document Size Letter-S i,, CITY OF CLEARWATER DEVELOPMENT SERVICES DEPARTMENT _ Fost OBiac Banc 4748, Cl-ter, Florida 337584748 Manieipal Services BmWin& 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephme (727) 5624567 Pax (7727) 5Q-4576 February 22, 7.005 WOODS OONSMTINa 1714 CR 1 SUM 22 DUNkA'+ W FL34698 RE. FLD2005-01010 "CATER AT 600 BAYWAY BLVD) Dear WOODS CONSULTING The following are coom emb generated at the City's Pro-Development Review Committee M-DRC) meeting regarding your case number: FLD2005-01010. These ooatmenm ara generated early to give you assistance in prepmiog for the upooming DRC Meeting on March 3, 2005. please . be prepared to address these comments and any others that maybe generated at the DRC mcetiug. Ifyou have any questions about times or locatiou, please sonnet Sherry Wallin, at 727-562-4582. Sincerely, JoJo 5 ? Planned Co: File Total Pages Scanned 2 Total Pages Confirmed 2 No_ DOC Remote Station Start Time Duration Pages Mode Comments Results 1 145 97867479 2-25-o5;10:57AM 53" 2/ 2 EC CP 14.4 Notes . EC: Error Correct RE: Resend PD: Polled by Remote MB: Receive to Mailbox BC: Broadcast Send MP: Multi-Poll PG: Polling a Remote PI: Power Interruption CP: Completed RM: Receive to Memory DR: Document Removed TM: Terminated by user HS: Host Scan HP: Host Print FO: Forced Output WT: Waiting Transfer HP: Host Fax HR: Host Receive FM: Forward Mailbox Doc. WS: Waiting Send 0 • CITY OF CLEARWATER DEVELOPMENT SERVICES DEPARTMENT Post Office Box 4748, Clearwater, Florida 33758-4748 Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephone (727) 5624567 Fax (727) 562-4576 February 22, 2005 WOODS CONSULTING 1714 CR 1 SUITE 22 DUNEDIN FL 34698 RE: FLD2005-01010 (LOCATED AT 600 BAYWAY BLVD) Dear WOODS CONSULTING The following are comments generated at the City's Pre-Development Review Committee (PRE-DRC) meeting regarding your case number: FLD2005-01010. These comments are generated early to give you assistance in preparing for the upcoming DRC Meeting on March 3, 2005. Please be prepared to address these comments and any others that may be generated at the DRC meeting. If you have any questions about times or location, please contact Sherry Watkins, at 727-562-4582. Sincerely, quww?"___ John Schodtler Planner I Cc: File stonditions Associated With FLD2005-01010 600 BAYWAY BLVD En 02/15/2005 1) No Issues. Initials Missing Initials Missing Environmental Condition Heather Faessler 562-4897 02/09/2005 Please provide confirmation of consent to use permit from FDEP prior to building permit Not Met Not Met Fire Condition Ann Downes-Blackburn 562-4327 xt 3025 02/16/2005 Provide portable Fire Extinguisher listed for Class A, Class B, and Class C fires that meet the Not Met requirements of NFPA-10, installed at the pier/land intersection. Additional Fire Extinguishers must be placed on the dock so that the maximum travel distance to the Extinguisher does not exceed 75 feet, as per NFPA-303. Please acknowledge PRIOR TO CDB. Harbor Master Condition John Schodtler 562-4604 02/18/2005 No Issues. Not Met Landscape Arden Dittmer 562-4604 02/10/2005 no issues. Not Met Storm Water Condition Brian Barker 562-4779 02/16/2005 No Issues. Not Met Traffic Eng Condition Bennett Elbo 562-4775 02/11/2005 No Issues. Not Met Zoning Condition John Schodtler 562-4604 02/18/2005 Your application indicates 8 slips for 19 units, but the condo plat plans indicate 20 units. Just Not Met curious. 02/18/2005 Provide estimate of project value for dock. Not Met 02/22/2005 Revise "Proposed Dock Dimensions" page to include dimensioned side setbacks. Per section Not Met 3-601.C.1.a. - A dock shall be located in the center one-third of the lot or 20 feet from any property line as extended into the water, whichever is less ...Also please revise either the extended property lines to follow the upland property lines, or the upland lines to match the reparian. These should be straight lines. 02/02/2005 Provide a copy of the property survey Not Met Print Date: 02/22/2005 CaseConditons Page 1 of 1 Clearwater February 02, 2005 Woods Consulting 1714 Cr 1 Suite 22 Dunedin, F134698 LLOARWATER CITY OF C PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W .MYCLEARWATER. COM RE: FLD2005-01010 -- 600 BAYWAY BLVD -- Letter of Completeness Dear Woods Consulting : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-01010. After a preliminary review of the submitted documents, staff has determined that the application is Complete. The Development Review Committee (DRC) will review the application for sufficiency on March 03, 2005, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherry Watkins, Administrative Analyst, at 727-562-4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4604 or John. Schodtler@myclearwater.com. Sincerely yours, John Schodtler Planner I Letter of Completeness - FLD2005-01010 - 600 BAYWAYBLVD • • Feb. 02 2005 05:02PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97867479 Feb.02 05:01PM 00'43 SND 01 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329). • • FLD2005-01010 600 BAYWAY BLVD Date Received: 01/31/2005 BAY HARBOR ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 276A PLANNER OF RECORD: NOT ENTERED CLW CoverSheet 0. 0 Schodtler, John From: Morris, William D. Sent: Tuesday, February 15, 2005 3:00 PM To: Schodtler, John Subject: Bay Harbor Docks FLD2005-01010 John; I have no problems with the docks as proposed, they are not a hazard to navigation. Bill Morris CDB Meeting Date: April 19, 2005 Case Number: FLD2005-01010 Agenda Item: E2 Owner/Applicant: Baywatch Suites Inc.\ BE Harbor, LLC Representative: Mr. Bill Woods, Woods Consulting, Inc. Address: 600 Bayway Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT DRAFT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to construct a 1,376 square foot multi-use dock facility to provide eight slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 feet) to 77 percent of the lot width (139 feet), and a reduction of the side (west) setbacks from 17.98 feet to 10.3 feet to the dock, per Section 3- 601.C.3. EXISTING ZONING/ Tourist (T) District; Resort Facilities High (RFH) Category LAND USE: PROPERTY SIZE: 0.562 acres; 178 feet in width and 120 feet in depth PROPERTY USE: Approved Use: Attached dwellings (19 units; condominiums) Proposed Use: Multi-use dock for eight slips totaling 1,376 square feet, with the slip catwalks measuring 36.0 feet in length from a five- foot wide walkout 54.4 feet from the seawall, as accessory to 19-unit attached dwelling development. ADJACENT ZONING/ North: Preservation District/ Clearwater Harbor LAND USES: East: Tourist (T) District/ Attached dwellings South: Tourist (T) District/ Automotive Service Station West: Tourist (T) District/ Attached dwellings CHARACTER OF THE IMMEDIATE VICINITY: Attached dwellings and overnight accommodation uses dominate the immediate vicinity. ANALYSIS: Site Location and Existing Conditions: This 0.562-acre site is located on the north side of Bayway Boulevard immediately north of the intersection of South Gulfview Boulevard and Bayway Boulevard. It is located along a highly developed area within Clearwater Beach and has Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 1 of 6 0 • frontage along Clearwater Harbor. The site is located within the South Beach/Clearwater Pass District of Beach By Design, which is a distinctive area of mixed uses including high rise condominiums, resort hotels and commercial uses. Beach By Design contemplates this District will be an area of strategic revitalization and renovation in response to improving conditions on the balance of Clearwater Beach. The site is presently occupied with a two-story overnight accommodations building of eight units (Baywatch Suites), two-story retail building and two apartments (vacant) and a one-story restaurant. All existing improvements (buildings, pavement, and walkways will be demolished and removed as part of the site's redevelopment. The property to the west has been redeveloped into 55 attached dwelling units with seven floors of living area over one floor of ground level parking. This Community Development Board approved the "Harborview Grande" (FLD2003-08041/TDR2003-08004) on October 21, 2003. Town home development is located to the east of the project site. To the south is a convenient store, gas station, and miniature golf course. Significant development has occurred toward a transition from small motels and retail to attached dwelling units. The approved upland development includes a 19-unit, four-story (over ground level parking) residential condominium building. The Community Development Board approved the "Bay Harbor" Condominiums (FLD2004-07050/TDR2004-09012) total of 16 dwelling units are permitted for the subject property, based on the maximum of 30 units per acre. The applicant is proposing the utilization of three dwelling units through the Transfer of Development Rights from 620, 645, and 674 Bayway Boulevard (one unit each per address). The first level will contain four units, while levels two, three, and four will have five units per floor. All units are the same size, at 1,890 square feet. Proposal: Section 3-601.C.3 requires docks over 500 square feet in area (in association with a multi-family development or condominium) be treated as a commercial dock and be approved as part of a Level Two, Flexible Development review. The proposal includes the removal of the existing docks and the construction of a dock totaling 1,376 square feet for eight slips for use by the owners/tenants of the condominiums. The proposal is to construct an eight-slip dock system approximately 18.4 feet from the seawall due to the existence of seagrasses. The slips are accessed by walkouts to avoid any impact to the seagrass beds. The walkout is designed with handrails on both sides to preclude boats mooring against the walkout. The dock is designed with a T-head, which will have handrails on their landward side to avoid boats mooring against the T-heads, outside of designated boat slips. "No mooring" and "caution manatee" signage are also proposed to assist with restricting boat traffic within the areas of seagrasses and to increase manatee awareness. Catwalks for the slips are proposed to be 31.0 feet in length. Individual slips are proposed 14 feet in width each. The overall length of the dock from the seawall is 54.4 feet. The western edge of the dock is proposed 10.3 feet from the western extended property line and 21.2 feet from the western riparian property line, while the eastern edge of the dock is proposed 19.0 feet from the eastern extended property line and 14.1 feet from the eastern riparian property line. A minimum side setback of 17.9 feet is Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 2 of 6 0 • required for the docks based on ten percent of the width of the property at the waterfront, which is 179.8 feet. Code dock provisions limit the width of docks to a maximum of 75 percent of the lot width, or 134.85 feet in this case. The proposed dock width is 77.3 percent of the lot width (139.0 feet). Code provisions restrict dock length to a maximum of 75 percent of the lot width (134.85 feet. The dock length is proposed to be a maximum of 10.3 percent (54.4 feet) of the waterfront width. While not consistent with existing, older and shorter docks, the proposed docks are consistent with newer docks required to meet current environmental restrictions, wherein the length takes into account the water depth at mean low water and preserves existing sea grass beds. The Southwest Florida Water Management District (SWFWMD) requires a minimum three feet water depth at mean low water for boats in the slips. All slips have at least 4.5 feet of water depth (most have greater depth). The width of the waterway at this location is approximately 526 feet. Based on the proposed design of the dock, there are no issues regarding seagrasses. There are no issues regarding navigation and the proposal meets all of the City's Harbormaster's requirements. All other criteria for docks have been met. All applicable Code requirements and criteria including but not limited to General Applicability criteria (Section 3-913) and dock criteria (Section 3-601.C.3) have been met. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. MMPLIANCR WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 3-601.031: STANDARD PERMITTED PROPOSED CONSISTENT INCONSISTENT REQUIRED MAXIMUM 30 dwelling 19 dwelling units Yes DENSITY units per acre (includes three units (16 units) from transfer of development rights IMPERVIOUS 0.95 0.63 Yes SURFACE RATIO SR SETBACKS 10 percent of West: 10.3 feet Yes, See (minimum) the width of analysis the property 17.9 feet) LENGTH (maximum) 75 percent of 54.4 feet (30.2 Yes the width of percent of the width the property of the property) 134.85 feet WIDTH (maximum) 75 percent of Dock: 139.0 feet Yes, See the width of (103 percent of the analysis the property width of the (134.85 feet property) Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 3 of 6 • COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 3-601.C.3): Consistent Inconsistent 1. The proposed dock shall be subordinate to and contribute to the X comfort, convenience or necessities of the users or the occupants of the principal use of the property. 2. The proposed dock shall be in harmony with the scale and character of X adjacent properties and the neighborhood in general. 3. The proposed dock shall be compatible with dock patterns in the general X vicinity. 4. Impacts on Existing Water Recreation Activities. The use of the X proposed dock shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 5. Impacts on Navigation. The existence and use of the proposed dock X shall not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 6. Docks shall be sited to ensure that boat access routes avoid injury to X marine grassbeds or other aquatic resources in the surrounding areas. 7. Docks shall not have an adverse impact upon natural marine habitats, X grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 8. All turning basin, access channels, boat mooring areas and any other X area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at mean or ordinary low water -0.95 NGVD datum). 9. The dock shall not effectively cause erosion, extraordinary storm X drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 4 of 6 0 • proposed to be located. 10. The dock shall not have a material adverse impact upon the X conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. Consistent Inconsistent 11. The dock shall not have an adverse impact on vegetated areas; X vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated reservation areas, and bird sanctuaries. 12. Impacts on Wetlands Habitat/Uplands. The dock shall not have a X material adverse affect upon the uplands surrounding. *See discussion under Analysis COMPLIANCT. WITH GFNFRAL STANDARDS (Sectinn 3-9131: Consistent Inconsistent 1. Development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties. 2. Development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. Development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. Development is designed to minimize traffic congestion. X 5. Development is consistent with the community character of the X immediate vicinity. 6. Design of the proposed development minimizes adverse effects, X including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. *See discussion under Analysis SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on March 3, 2005. The Planning Department recommends APPROVAL of the Flexible Development approval to construct a 1,376 square foot multi-use dock facility to provide eight slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 feet) to 77 percent of the lot width (139 feet), and a reduction of Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-01010 Page 5 of 6 0 0 the side (west) setbacks from 17.98 feet to 10.3 feet to the dock, per Section 3-601.C.3. for the site at 600 Bayway Boulevard, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Conditions of Approval: 1. That boats moored at the docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 2. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 3. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Prepared by: Planning Department Staff. John Schodtler, Planner I ATTACHMENTS: Location Map Aerial Photograph of Site and Vicinity Zoning Atlas Map Surrounding Existing Uses Map Photographs of Site and Vicinity Application S: (Planning DepartmentlC D BIFLEX (FLD) (Pending casesl Up for the next DRCIBayway 600 Bay Harbor Docks (7)JVSIBayway 600 Staff Report for 030305 DRCdoc Staff Report - Community Development Board - April 19, 2005 - Case FLD2005-0 10 10 Page 6 of 6 0 m 0 1A'a •- S -fin View looking west at 530 S. Gulfview Blvd. View looking east at 620 Bayway Blvd. 0 n. 9 ? _- ''? " . 1. F may, , Y 'A Ems' jow- . View looking west at existing 530 S. Gulfview Blvd dock. View looking east at existing eastern dock and neighbor to the east (620 Bayway Blvd.). 600 Bayway Blvd 1 of 1 FLD2005-01010 ¦ 0 0 a o ? • ?r J r? i s i A_ , ow : "` #4 l/ Jai ! ?? - • .? • r ? .? / . -. Y x Aerial Map Bay Harbor, LLC - Mark Newkirk owners: 9309 N. Florida Ave., Suite 104 Cases: FLD2005-01010 Tampa, FL 33612 Site: 600, 606, 612 Bayway Blvd Property Property 0.562 acres 17/29/15/05004/001/0060 PIN: 17/29/15/05004/001/0070 17/29/15/05004/001/0080 Atlas Page: 276A 0 0 , ! t% V ?ry 514 ?L Z? 1L vt` 2 ? ; ZA? A e4 \ m i m l L_`` 1 f ?r / ! r a_r? r h `M ?'? a l ! f 1 ?! I N 1 ?? f / ??? l 1 % % 1 _, l t f t Zoning Map Bay Harbor, LLC - Mark Newkirk owners: 9309 N. Florida Ave., Suite 104 Cases: FLD2005-01010 Tampa, FL 33612 Site: 600, 606, 612 Bayway Blvd Property Size(Acres): 0.562 acres 17/29/15/05004/001/0060 PIN: 17/29/15/05004/001/0070 17/29/15/05004/001/0080 Atlas Page: 276A • • ?l 1 1 / I I 1 1 5 L 3 >s l I_ / 3a 1 / j 1 I l J \ \ / /?!? ?? 514 ?L ' I .? V c f' G? ' ?? e4 hY ` AYe< VD t?j r / I ' I 1 tJ ?• h 1 ! 1 t Il l ? f ?? ?^ / ? ^ '1 1 i ?7 I ? / / J 1 ? a4 ?Z 1 / / ` 1 ? h r^ Existing Map Bay Harbor, LLC - Mark Newkirk owners: 9309 N. Florida Ave., Suite 104 Cases: FLD2005-01010 Tampa, FL 33612 Site: 600, 606, 612 Bayway Blvd Property 0.562 acres Size(Acres): 17/29/15/05004/001/0060 PIN: 17/29/15/05004/001/0070 17/29/15/05004/001/0080 Atlas Page: 276A • 0 PAPAYA ST PASSWS 41 S . _ d Caae'r 9W MRIUWAHU i $ i RR Ib FIRST 8i ?oo o Tmm DA FIFTH OQ 64YSIDE 24 ?P PROJECT SITE S? Location Map Bay Harbor, LLC - Mark Newkirk owners: 9309 N. Florida Ave., Suite 104 Cases: FLD2005-01010 Tampa, FL 33612 Site: 600, 606, 612 Bayway Blvd Property Size(Acres) : 0.562 acres 17/29/15/05004/001/0060 PIN: 17/29115105004/001/0070 17/29/15/05004/001/0080 Atlas Page: 276A • Flexible Development Application - Map Request Planner Name: John Schodtler Case Numbers: FLD2005-01010 Date Requested: February 14, 2005 Date Requested for (date): February 25, 2005 Maps Requested x? Location Map x? Aerial Map x? Zoning Map x? Existing Surrounding Uses Map Required Documents to be submitted to Engineering x? Legal Description x? Survey x? Map with Proposed Site Highlighted Map Name Bay Harbor, LLC - Mark Newkirk owners: 9309 N. Florida Ave., Suite 104 Cases: FLD2005-01010 Tampa, FL 33612 Site: 600, 606, 612 Bayway Blvd Property Size(Acres): 0.546 acres 17/29/15/05004/001/0060 PIN: 17/29/15/05004/001/0070 17/29/15/05004/001/0080 Atlas Page: 276A BAY NOTESt HARBOR WATERFRONT CONDOMINIUM A PORTION OF SECTION 8 AND 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA CLEARWATER _ 1LV010R ._.p? ........ 1. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF LOT 6. BLOCK 'A'. ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF NORTH 21.49'26' EAST. 2. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM IN.A.V.D.I DATUM OF 1988. 3. BENCHMARK - LABINS BENCHMARK BRASS DISK IN CONCRETE MEDIAN. STAMPED LP-1S. ELEVATION - 4.191. 4. THIS SURVEY WAS PREPAREP WITHOUT AN ABSTRACT OF TITLE. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOVi ON TINS SUWXY. 5. ALL PROPERTY CCRNER-? ARE SET CAPPEO (S/J') IRON ROD. LB 6928 UNLESS OTHERWISE NOTED. 6. FLOOD ZONE IWORMATION, COMMUNITY PK4EL No.t ?2f,096 DIM 0 FLOW 2ONEt LONE AE fZi,. 11I REVISED MAP SATE! SEPTEMBER 03. 2003 7. THIS SITE P'-'AM WA; PREPARED FROM A BOUNDARY SURVEY PREPARED BYt KLEIN 6 STAUB SURVEYING. INC. ON JUNE 18. 2004 AND THIS SITE ,%AH DOES HOT REPORT TO BE A BOUNDARY SURVEY. CERTIFICATION: I HEREBY CERTIFY THAT TIRE C(ASIRUCTION OF THE 1WROVE:ENTS IS NOT SUBSTANTIALLY COMPLETE. SO THAT THIS PLAT OF HAPOMSIDE',` CONDOMINIUM, TOGETHER WITR THE PROVISIONS OF THE DECLARATION DESCRIBING THE CONINIUN P.I1'ERTY IS AN ACCURATE REPRESENTATION OF THE LOCATION AND DIMENSIONS OF THE 2MPR0 S AND tiAT IE IDENTIFICATi A. LOCATION AND DIMENSIONS OF THE CU16A04 ELEMENTS AND OF EACH NIT CAN .. DET1,19 FROM ?AATERIALS. 3116Y' BRUCE A. KLEIN `` DATES?- FLMIDA PROFESSIONAL SURVEYOR k. MAPPER REGISTRATION No. 5052 LICENSED BUSINESS No. 6920 LEGAL DESCRIPTION* P" A PARCEL OF LAND LYING INS SECTIONS 8 AND 1T. TOWNSHIP 29 SOUTH. RANGE 15 EAST. PINELLAS COUNTY. FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSt ALL OF LOTS S. T AND S. BLOCK A OF BAYSIDE SUBDIVISION No. S. ACCORDING TO THE IMP M PLAT THEREOF. AS RECORDED IN PLAT BOOK 38. PAGES 38-39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. TOGETHER WITH ALL RIPPARIAN RIGHTS ABUTTING SAID LOTS. CONTAINING 0.558 ACRES MORE OR LESS. OAK RATA Ila WM MD OM OBLTA MM f/00 Cl 3200.00' 197.51' 187.49' 03.31'12• ,9.63'28"W C2 D00.00' 173.62' n3.3Y 09.96'32" 573.55'38"1 C3 5000.00' 8.28' 8.28' 00.04'18• S7e• 0512"E C4 4800.00' 8.ir BAY 00.04,8" Me•06'12"W LEGEND CONC. E FCIR FIP FIR ID LB LS O.R.B. P. B. PG IP) (M) S 1 N4 0 S 20 40 GEC NIBS- 3'aE L.Q L n = CONCRETE = ELEVATOR = FOUND CA = FOUND IR = FOUND IR = IDENTIFI = LICENSED = LICENSED = OFFICIAL = PLAT BOO = PAGE = PLAT = MEASURED = STAIRS Lli Lai ?mg !0°O a8u.. IRON ROD IPE IPE BOOK & STA.VB SuRIPEY'.mG. mc. SIONAL SURVEYORS AND MAPPERS 118 OLD COUNTY ROAD No. 54 I PORT RICHEY. FLORIDA 34653 • I A aiACn IA.MEW ' °Y» i mn,aT. .., r G D. Vr s i FIRST BT. ?rw rn " " A l B a Y . i s sO ,m . I ' .' t ^ r n ar4 i i ? , A 1 , A °s ! i y tid °„ °'Y +. 3 t gWyt`, A; N N . N une w.:n ° I ? ?, fi g A °4 ? 1 I 3 - .4 3 ar r - gym be, ' . a ? P po A? r P 'so 7 L A _ r--? Lfu,• J j ? F',y.. F., m s . ! F aRID a ¢ _ NT WATER 8 I "•s 2r 3• - Vr•=J- - ay " i nFyN^ F F N i Iss sr. f- 1 ! 1 9 „ r, r " u A n r. ' A t'r. 4- a t 1 m A i g § § 1 x p ? j A °. w ? raw ' 8:? Ae7 u x W _ " n SAYSIDE Y_8 ° "_1 'C !•[ w •? 3 1? ws ?• `?;+a " i 's' 3 Q e?? w• r° i 1"' r' 1 e ^ ass J Lame J t F gg.? 1 ? . t a d as W P e $ i `; 4 y OS/ R `.naa J L ?' gM Glee T S TS i O/ ? r 'n • eply .? LF? F 1 .«? 1 j _ ',f- v a ,y r -1 a r Clearwater U PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING / GIS 100 S. Myrtle Ave., Clearwater, FL 33756 Ph.: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com U'stlaimer Pubec ft Nk IftA A darestWth yWE thng6dlea dngrte. Ciy of Lleo be m acceferepted dby fire dmmisa arM must kdsd f 0, the uldersl M, d,ra aM usedby iwd was coybGed br fh, N so oyds- a ArAk hl Or Yure inwnfay As such, th he C ay tClssog »g Clee-af,r W NRaA,4 np waRaneee, expre4sed ar k?dr,d..anaeariaa .. me rawlay wRalsawye4mnalep xyN dre use or amuse dsaad m. N w-4?- e 2. gp ro 0 5 RESIDENTIALDISTRICTS - -LonD sily RO-W LMDR .Low McEiun D-, Rede-l MDR -Metium Ovnviy Ravitlanliel AWDP -Madam HgM1 Derwily ReslE,mul W, -NBII DenklY ReviJemul -M,dleNn P.d CRNG)D -C°ecM1me R'vJp,NVipNwMOOe Cwawvetron Ovwley Dislnm IENCOD -kkrN ESlvias NigMnM1OOe Censavaron OYwlay Gsaict COMMERCIALDISTRICTS SPEGAL USE DISTRICtS O -Ollice IRT.INUInvl. RawarcM1,ia i,Undcgy T -Tour'um I-IrvliMUOraI C.C.RnvnwaW OaR-Open Spac,IRecrvalion,l D-DOwmwvn P.Prwuv,-A- City Owned Property A Agreement to Annex D Annexation o Deannexation Correction o Rezoning C24•= SUB NUMBER ' - R f t Pl t ( e er o a ) O BLOCK NUMBER O SUB PARCE L NUMBER aaoz PARCEL NUMBER (M&B) LAND HOOK (COMMON OWNE PLATTED SUBDIVISION BOUNDARY +Q COUNTY HIGHWAY STATE HIGHWAY / rp l U.S. HIGHWAY Outside City of Clearwater Zoning Atlas Jan 12, 2005 SW 114 of 8-29-15 276A e ?tl] 6?6,jrl re lii Rye 'Qe ?'T?lffi`'?•ESr? s ? r????,0 BJ?ir60®j LUNG RANGE PLANNING DEVELOPMENT REVIEW April 26, 2005 Mr. Bill Woods Woods Consulting, Inc. 322 Ridge Road Palm Harbor, FL 34683 CITY OF C LEARWATE R PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 RE: Development Order - Case FLD2005-01010 - 600 Bayway Boulevard Dear Mr. Woods: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 19, 2005, the Community Development Board reviewed your Flexible Development approval to construct a 1,376 square foot multi-use dock facility to provide eight slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 feet) to 77 percent of the lot width (139 feet), and a reduction of the side (west) setbacks from 17.98 feet to 10.3 feet to the dock, per Section 3-601.C.3. The Community 'Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Conditions of Approval: 1. That boats moored at the docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 2. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 3. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Pursuant to Section 4407, an application for a building permit shall be made within one year of Flexible Development approval (April 26, 2006). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may S.IPlanning DepartmentlC D BIFLF-X (FLD)Ilnactive or Finished ApplicationslBayway 600 Bay Harbor Docks (T) - Approved1BayRR"0JQ AIL xdypnMnt,0rder.doc FRANK HIBBARD, VICE MAYOR HOYr HAMILTON, COUNCIL.'NIEMBER BILLJONSON, COUNCILMEMBER ® CARLFN A. PETERSEN, COUNCILMENIBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" April 26, 2005 Woods - Page Two approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to. Section 4-502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your. case expires on May 3, 2005 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call John Schodtler, Planner I, at 727-562-4604. You can access zoning information for parcels within the City through our website: www.myclearwater.com/gov/depts/planning. *Make Us Your Favorite! Sincerely, Michael Delk, CP Planning Director S: (Planning DepartmentlCD BIFLEX (FLD)Vnactive or Finished Applications0ayway 600 Bay. Harbor Docks (7) - ApprovedlBayway 600 Development Order.doc j l SCALE:1"=30' MULTI-USE DOCK lip Application # (OFFICAL USE ONLY) NOTE BOAT LIFTS TO 9E INCL UOEO IN PERMIT w NOTE: ALL SLIPS TO BE 31.0' X 14.0' CS z SLIPS 2 THRU 7 TO USE 3.0 CAT WALKS -' a SLIP 1 & 8 TO USE 5.0 CATWALKS a Z a PER ADA Z _ < ° W J 14.0 CS SEE SH T 10 Q a 3.0 5.0 Q z 21.2 X0 3.0 A 3.0 ° 31 0 .3 . zz W x w 1 0 ® © 7 ® 14 o . 5.0 19.0 18.4 5.0 5.0 A © / 139.0 TYPICAL B - ABC FIRE SIGN EXTINGUISHER CABINET, 75' O.C. MAX, NFPA 303 SECTION 4.2.2.1 1376 WOODS CONSULTING BAY HARBOR TOTAL SQUARE FEET TOTAL PREEMPTED AREA 5305 ' 1714 cR 1 SUITE 22 PROPOSED DOCK DIMENSIONS WATERWAY WIDTH 526 WATERFRONT WIDTH 179.8' DUNEDIN. FLORIDA 34698 PH. (727) 786-5747 FAX (727) 786-7479 MHW +1.3' MLW -0.4' *ELE11A77ONS REFERENCE NGkV-1929 SHEET 3 SHORELINE Engineer's Seal ?. ???. ... ORIGINAL ,, ', livt :: MAR 18 200 . ' T ?•:= ' " t Kl PLA?NNl' Z: DAPARYiVd! .?. REVISION 2: 3/15/2005 ?? 320eCF ATEAUW000 DR VE REVISION 1 IARWATER FL01I11A 33 64 T E': F? ?2»56041 3? SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA N 0 40' 80' SCALE: I" = 40' 3 CLEARWATEP HARBOR A ROOOYRAYOU CLEARWATER BEACNAUANO PROJECT OCATIOR pnWn e GULF OF MEXICO $ SANBAEYPARA' LOCATION MAP NOT TO SCALE SURVEYOR'S NOTES: 1. NORTH ORIENTATION SHOWN HEREON 15 ASSUMED. 2. UNDERGROUND IMPROVEMENTS. UTILITIES AND ENCROACHMENTS, IF ANY, HAVE NOT BEEN LOCATED. 3. REPRODUCTIONS OF THIS SURVEY ARE NOT VALID UNLESS EHBOSStD WITH THE UNDERSIGNED SURVEYOR'S SEAL 4. FIELD WORK COMPItTtD OCTOBER l5. 2004. 5. LEGAL DESCRIPTION SHOWN HEREON HAS PROVIDED BY THE CLIENT. fi. THE SUBJECT PROPERTY HAS NOT BEEN A55TRACTEO FOR EASEMENTS, RIGHTS OF WAY OR J OTHER MATTERS OF PUBLIC RECORD IN THE PREPARATION OF THIS SURVEY. N. 11W 69 COI'IOR`?K MAIL o (2), P GS 7. THIS SURVEY HAS BEEN PREPARED WITHOUT BENEFIT OF COMMITMENT FOR TITLE INSURANCE. I B. BASED ON AN INSPECTION OF FENA FLOOD INSURANCE RATE MAP (F.LP M.I COMMUNITY PANEL (fte MAP NOTES 10&11) 1100517 'f NO. 12103CO104G. DATED SEPTEMBER 3, 2003, THE PROPERTY SHOWN H PLAT 800K ON151ON NO. 5. L 4 6410 LIE EREON APP EARS TO E IN FLOOD ZONE *AL" (EL 11) 38 Aqp 3B MI PC MAIL BLOC ELEV. 5.02 2 9 MWV HIGH WATER INFORMATION SHOWN HEREON WAS PROMDFD BY WOODS CON5ULTING, INC. ~ A' (SEE MAP NOTES 10 &11) 7 lO. COOROINA SHOWN HEREON REPRESENT NAD ' AND WERE OERNA FROM SCALING OF V5G5 OUAl SHEET: CLEARWAiER. AND ARE SHOWN N FOR INFORMATIONAL L PURPOSES ONLY. 11. E12VATIDNS SHOWN HEREON REPRESENT 1111D '29 DATUM. REFERENCE BENCHMARK: FLORIDA ??rr HIGHWAY DEPARTMENT BENCHMARK LP 10 BMI FLHO: SURVEY 015K LOCATED IN SEAWALL 34' EAST CENTERLINE OF .84 CORONADO ORANE. 10.3' NORM OF CONCRETE POWER POLE (x35-4 465), ELEVATION = 3 3.04 (NANO ' = 4.70 (NGVO ' BY TE CORP500H CONVERSION. f2 12. BOUNDARY AND RIPARIAN LINES SHOWN HEREON ARE TO BE CONSIDERED APPROXIMATE ONLY. q NO BOUNDARY SURVEY HAS BEEN PERFORMED OR REVIEWED IN ME PREPARATION OF THIS n dl KO S/ Oary ? SPECIFIC PURPOSE HYOROGRAPHIC SURVEY. R 15 THE RECOMMENDATION OF THE UNOERSIGNtO Y$ ?,e •+u\?/?) THAT A 000NOARY SURVEY BE PERFORMED PRIOR TO THE CONSTRUCTION OF ANY WATtRWARO V V R IMPROVEMENT ORT M 5. AN ACCURATE. BOUNDARY AFFECT IN CONJUNCTION WITH A THOROUGH TITLE D P RCRT MAY Y 5015C LOSE CONDITIONS WHICH AFFECT THE UPLAND AND RIPARIAN RIGHTS OF THIS B'4 SAY 0 BDULE T1 13. NO APPARENT SPA GRA55 AT TIME OF M15 SURVEY. VgqD (GULFWAYgLVD. pLgTl CERTIFIED TO: M JAY MIZE WOODS CONSULTING, INC. c G .x% C (' A ~'A C t? SURVEYOR'S CERTIFICATE: l ,, i•. LEGEND: 1r II 1?{ ' • ?' LA IA 1 HEREBY CERTIFY THAT ML INFORMATION SHOWN HtRtl?Tl ?/• TgBE REFMLYNT?, vON • sw M m OF A 5PECIFl PURPOSE HYOROGRMHIC SVRVCY, PERFOR UMBER MY DIRECT n FND FOUND SUPERVISION CANO MEET5 THE INT OF THE MINIMUM Tt NI(?L ATMli 5t7 'r •• • MHW MEAN HIGH WATER FORM IN CHAPTER 61417-6, IDA ADMIN15TRATIVE COOL pURSVMIT??151 1 ,,,) ' 472.027 FLO 5T TVTE5. PC j PARKER KALON .? IE'S • 0 M\ • TBM TEMPORARY BENCHMARK QUIP AS [5, INC. LB. 6711 DATE /Ie, i • ? j WILLMI C. WARD ,?' •• PROFE-55IONAL LAND SURVEYOR NO. 4015 STATE OF FLORIDA I. ?. THIS IS NOT A BOUNDARY SURVEY. GU LF CODS T DRAWN BY: NAP MIZE -BAYWAY BOULEVARD SHEET No. CI DATE-- APPROVED BY: 1/WCW 2 SPECIFIC PURPOSE HYDROGRAPHIC SURVEY DATE 1/25/05 S U R V E Y A S S 0 C I A T E S mc. JOB NUMBER: 481504110 600,606 & 612 BAYWAY BOULEVARD 1 SURYE YOBS - MAPPERS - PLANNERS PIN: 17-29-15-0500+-001-0060. 0070 & 0060 1110 PINELLA6 BAYWAY, SUITE 111, TERRA VERDE, FLORIDA 33713 FILES:\cceA\487504110\04110-304110\04110PREPARED FOR: JAY MIZE of 1 PHONE: 727/864-9211 FAX: 727/864-9215 NO. REM51ON DATE BY 3 7 lLODAY HARBOR WATERFRONT CONDOMINIUM A PORTION OF SECTION B AND 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA NQ CLEARWAT-ER :=ZV HARBOR EX.BOATOOCKS U PLATTED - 0 20 40 TO REMAIN B? ACK P65. 9) MOOD MOOD DOCK DOCK YtQ00 MOOD EXISTINO DOCK DOCK t4'COW- SEAWALL PRC FPXNO FPKND P S 33m A9 _. __ DECK PLS 5052 ' bPOOL l si 23.r CABANA4 CABAN{5 CABANNA9 m mi m I ? .I MOORINGS TOWMIOMES I P.B. 128, POS. 7M79 BLS A I BLOLOT CK7A I LOT B F ,A I I BLOCK A 1 >3 t I 4 If?.l f 1 ?? YSE•O?? LOT B r! ,M BLOCK A S' I 15MY ?-- - ?T - - Ggw70R " - S .? I LCPDY E I S Rs it p CHD.-28.37' ce-N8P6.29°M HM Nwt Tim ?2 -" ~"-PV? P is °1986 KK • -'°'` Y?-.... FPoND A? c WY6(1 KTT ?vE)+T NOTESt 1. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF LOT 6. BLOCK 'A'. ACCORDING TO THE NAP OR PLAT THEREOF. HAVING A BEARING OF NORTH 21'49'26' EAST. 2. ELEVATIONS SHORN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM (N.A.V.D.) DATUM OF 1968. 3. BENCHMARK - LABINS BENCHMARK BRASS DISK IN CONCRETE MEDIAN. STAMPED LP-15. ELEVATION - 4.191. 4. THIS SURVEY WAS PREPAREL?1 WITHOUT AN ABSTRACT OF TITLE. THERE MY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN`-ON TPHS SURFhY. ?i S. ALL PROPERTY CGIOW?, ARE SET CAPPED (5!J') IRON ROD. LB 6928 UNLESS OTHERWISE MGM. 6. FLOOD ZONE I UR.k1AT10N1 . COMMUNITY Pi"Naje Mo.N? 2 IOA 0 i 11 FLOOD Z (Lyfif. ?? REVISED ATE; ?. SEPTEMBER 03,42005 5 THIS StT I? AN WkS PREPARED FROM A BOUNDARY?SM PREPARED BY: KLEIN A STAUB SURVEYING. INC. ON JUNE 16. 200kAND THIS 1 011 DOES PTO BE A BOUNDARY SURVEY. 'CERTJFlOTIONs ' I" f .*Z,.,i. I HEREBY CY. THAT ECTION OF',TH?I YC NTS IS NOT SUBSTANTIALLY COMPLETE. SO THAT THIS PLAT OF BOR51gE CONDOMINIW. TOGETIIE? dYRE PROVISIONS OF THE DECLARATION DESCRIBING THE C N OPEN IS AN ACCURA[yEE REPINE TIpN OF THE LOCATION AND DIMENSIONS OF THE IMPRO AND NAT IDENT IFIC T2lY.1!OMI1 AND DIMENSIONS OF.THE COMMNt ELEMENTS AND OF EA? ITC 9E _ F `_ST?EERR? 55??11.. ? ? ? ? ?/ /? LEGAL DESCRIPTIONN A PARCEL OF LAND LYING INS SECTIONS 8 AND 17. TOWNSHIP 29 SOUTH. RANGE 15 EAST. PINELLAS COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 6. T AND 3. BLOCK A OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 38. PAGES 38-39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. TOGETHER WITH ALL RIPPARIAN RIGHTS ABUTTING SAID LOTS. CONTAINING 0.558 ACRES MORE ON LESS. CUM DATA 11? RAOUt MD mm mTA OWWb fM1B Cl 3 7.52' 197.49' 03.32'12" N79' 53'28'^9 72 .0W.1 173.52 173.3? 09'56'32" S73. 55'38'E CS 4 500 8.28' 6.26' 00.04W S78.05tM C4 460 B.H• 8.11 DD•04'18" MB•OS'12"M W W O F- N J ?J 0 CD U LL- LL- 0 LEGEND CONC. = CONCRETE E = ELEVATOR FCIR = FOUND CAPPED ]RON ROD FIP = FOUND IRON PIPE FIR = FOUND IRON PIPE ID = IDENTIFICATION LB = LICENSED BUSINESS LS = LICENSED SURVEYOR O.R.B. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK PG = PAGE IP) = PLAT (M) = MEASURED S = STAIRS & ST'AUH ST.7TE2 V73:"1"Ila G. n4C. 9SIONAL SURVEYORS AND MAPPERS 116 OLD COUNTY ROAD No. 54 / PORT RICHEY. FLORIDA 34653 ATTACHMENT A PROPOSED 600, 606, and 612 BAYWAY BOULEVARD MULTI-USE DOCKS Bay Harbor, LLC CITY OF CLEARWATER , . - COMMERCIAL DOCK CRITERIA BAR 1 1005 SECTION 3-601C.3.(a) through (g) (a) Use and Compatibility 0111' rL:r ' The docks will be for the sole use of the occupants of the 19 unit condominiums. (b) Impacts on Existing Water Recreation Activities The dock is designed so as to not create any adverse impact on persons using the adjacent waterways for recreational or commercial purposes. (c) Impacts to Navigation The dock as proposed should have no detrimental impact on users of the adjacent waters. See item 7 of the Fact Sheet (Attachment B) wherein it is noted that the dock extends only approximately 54.4' from the shoreline as compared to the waterway width at this location of approximately 526'. (d) Impacts on Marine Environment As noted by examination of the plans, the dock will have no impact on marine environment, the benthic survey is provided. (e) Impacts on Water Quality As noted on the plans, the depth of water in the area where boats will berth is a minimum of approximately 4.5 feet to a maximum of approximately 12 feet at mean low water. This should provide in excess of one foot of clearance between the lowest member of a vessel and the bottom at mean low water. The mooring of 8 vessels at the facility should not adversely impact water quality. (f) Impacts on Natural Resources The dock will have no impacts on natural resources. ORIGINAL (g) Impacts on Wetlands Habitat/Uplands The dock will not have an adverse impact on the adjacent uplands but will serve to enhance the uplands. ATTACHMENT B PROPOSED 600, 606, and 612 BAYWAY BOULEVARD MULTI-USE DOCKS Bay Harbor, LLC 2 3. FACT SHEET AND DIMENSIONAL CRITERIA PER CITY OF CLEARWATER CODE SECTION 3-601C.3.(h) MAR 18 2005 PL KNUI DIENUilNER i Proposed Use: The proposed use is a multi-use dock to provide 8 slips for residents of the proposed 19 unit condominiums. The 8 slips are designed to accommodate boats up to 30 feet in length. Property Width: The property width measured at the shoreline is 179.8' (MOL). Setbacks: The property to the west (530 Bayway Boulevard) is upland condominiums (55-unit) . The required setback on the west is 10% of the property width as measured at the shoreline or 18'. The actual setbacks as proposed are 21.2' from the riparian line and 10.3' from the extended property line. If the extended property lines are used for measuring setbacks, we are requesting a variance to the 10% side setback requirement. If the riparian lines are used formeasurinq setbacks, we meet the 10% side setback requirement. Please note that a Letter of No Objection from 530 Bayway Blvd was previously submitted. The property to the east (640 Bayway Boulevard) is a condominium (6 unit). The setback on the east should be a minimum of 10% of the property width as measured at the shoreline or 18'. The actual setbacks as proposed are 14.1' from the riparian line and 19' from the extended property line. If the extended property lines are used for measuring setbacks, we meet the 10% side setback requirement. If the riparian lines are used for measurinq setbacks, we are requesting a variance to the 10% side setback requirement Please note that a Letter of No Objection from 640 Bayway Blvd was previously submitted. 4. Length: The dock extends 54.4' from the seawall which is less than 75% of the width of the property as measured at the shoreline or 134.9'. ORIGINAL 5. Width: The proposed width of the structure is 139' which is more than 75% of the width of the property as measured at the shoreline or 134.9'. Please note that we have letters of no objection from both adjacent property owners.. 6. Area: The area of the proposed dock is 1,376 square feet. 7. Width of Waterway: The width of the waterway at the location of the proposed dock as measured perpendicular to the shoreline is approximately 526'(25% of the waterway width is 131.5'). The proposed dock extends from the shoreline only 54.4 'with the outermost tie piles also located at 54.4'. 8. Docks being Removed: In constructing the proposed docks, 872 square feet of existing dockage (three docks, currently 7 slips) will be removed. The net gain in dock area will be 504 square feet and 1 wet slip. 9. Seagrasses No seagrasses are present in the proposed dock area. See the attached Benthic Survey Report. MAR 18 "2005 ALAf1E?W,C`A- DE."PA XHIEKIT 0Y CIF CL ORIGINAL BAY HARBOR WATERFRONT CONDOMINIUM A PORTION OF SECTION 8 AND 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER. PINELLAS COUNTY, FLORIDA ROOF V O BAICM tV BALCONY k* 13ALCOW W B&COW W RALCOW 401 I 402 I 4'03 I 4014 405 ROOF ELEVATION ROOF ELEVATION - 72.78 ROOF SLAB ELEVATION - 60.18 LEVEL 5 ELEVATIONS CEILING ELEVATION - 58.17 FLOOR ELEVATION - 48.17 BAICMY MR I . E R&CONY 12 S&CONY Cy BALCONY 12 B&COW 12 BH.CONY LEVEL 4 UNIT UNIT UNIT UNIT UNIT LEVEL 4 ELEVATIONS 301 302 303 304 305 CEILING ELEVATION - 47.51 FLOOR ELEVATION - 37.51 Sa.cwn eAl.csxar AR I . E L ?! o N © Q co PJLQ o Q o U Lu LL- Il 00 V BIN & STA"UB SURv 'YA 4Q. 1'O. PROFESSIONAL SURVEYORS AND MAPPERS BAY HARBOR WATERFRONT CONDOMINIUM A PORTION OF SECTION 8 AND 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA LEVEL 3 C.D BALCONY 12 BALCONY (a BALCONY C? BALOONY 0 BALCONY 2011 I 2012 I 2013 I 2UNIT 04 I 2UNIT 05 BALCONY NR I . E BALCONY 12 BALCONY 0 BALCONY Ia BALCONY 0 BALCONY UNI 101T I 1UNIT 02 I 1UNIT 03 I 1UNIT 04 I UNIT BALCONY MR I . E LEVEL 1 PARKING BALCONY CABANAS '"' CABANAS M CABANAS M CABMIAS ?...?... .1?„??..? :.I+rnxre.,,?"I,I?we??t ?3 sew PARKING GARAGE LbBBY S . E LEVEL 3 ELEVATIONS CEILING ELEVATION 36.84 FLOOR ELEVATION - 26.84 LEVEL 2 ELEVATIONS CEILING ELEVATION = 26.17 FLOOR ELEVATION - 16.17 LEVEL 1 ELEVATIONS CEILING ELEVATION - 15.50 FLOOR ELEVATION - 5.50 (0--') W W L -? 1 ( 0 511---- N d nVnon Cy'J 1.1.1 U m Li V law I OLD COUNTY ROAD P PORT RICHEY. FLORIDA 27-834-8140 FAX- 72'. r A& nninilei' n 1 SCALE:1"=30' MULTI-USE DOCK Application # (OFFICAL USE ONLY) NOTE BOAT LIFTS TO BC INCLUDED IN PERM/7 / -?v 0 Xi X XX 0 °5 4V X ' ' X O XO A), fin,. h A) %, j;\ ,X,j,.?, /, t?"D• 4, X <1) / I X 4ti O x ,?. 4V lb 6- Z I X / X % ? JI lo` / X ID00 X O z ai ^) X? X^ X O O O z /P. Of mX mmrl 40 I ?. 00 X X X I h AD*-, 'IV WOODS CONSULTING BAY HARBOR TOTAL SQUARE FEET 1376 TOTAL PREEMPTED AREA 5305 ' 1714 CR 1 SUITE 22 DUNEDIN. FLORIDA 34698 BATHYMETRY WATERWAY WIDTH 526 WATERFRONT WIDTH 179.8' MHW +1.3' MLW -0.4' PH. (727) 786-5747 FAX (727) 786-7479 "ELE?iA)70NS REFERENCE N00-1929 SHEET _A_ SHORELINE Engineers Seal I Rxl\? L`cf; C fill. VIP WAg*? .1 ' IF *1 .0 JAN 31 2005 PLANNING DEPARTMENT E OF CITY OF CLEARWATER ''• 't?••:•1•;A?{.: 1, I • L•? • • _` S/?^q { 1520 011ATCAlA400D DRN! 0- WW XR FLORMA 337" - • • A 5 , ...... •, .??./ . (727) 380.4341 @. * 4f1 T[L: `l FAY! (727) 530-3790 .. Y 1 1 Y ?? L SCALE:1"=30' MULTI-USE DOCK Ap plication # NOIF BOAT LIFTS TO 9F INCZ LIMP IN PERM/T (OFFICAL USE ONLY) RECYCLED PLASTIC CAPS ON ALL EXPOSED PILE TIPS, FASTEN WITH S.S. NAILS (TYP.) 5.0 ELEV. = 10.0' MAX. EITHER 2" X 6" HANDRAIL (WHERE APPLICABLE) PT WOOD, TREX PT ROPE STOPS COMPOSITE DECKING OR EQUIVALENT 3" X 8" PT PINE 2"X10"PT STRINGER 42 MAX. 2.0' O.C. ' .40 RET. 2" X 4" ELEVATION +4.02' PT PINE COUNTERSINK ALL BOLTS ADJACENT DOUBLE 2" X 10" PT TO BOAT SLIPS. o STRINGER .40 RET. o o ALL BOLTING TO BE 5/8" 2" X 10" S4S .40 RET. HOT DIPPED GALVANIZED ° ° ONE EACH SIDE CROSS BRACE TE: DDEE K BOARDS TO BE TRIMMED BOTH SIDES. 2" X 10" R.C. 2.5 C.C.A. ONE EACH SIDE IN WATER o o NOTE: DEPTH OVER 8'. ALL INTERMEDIATE STRINGERS TO BE LAP JOINTED AT BENTS. 8" TIP PILING 2.5 C.C.A. RET. SET BUTT DOWN BAY HARBOR TOTAL SQUARE FEET 1376 WOODS CONSULTING TOTAL PREEMPTED AREA 5305 ' 1714 CR 1 SUITE 22 MAIN 'DOCK DETAILS WATERWAY WIDTH 526 WATERFRONT WIDTH 179.8' DUNEDIN, FLORIDA 34698 PH. (727) 786-5747 FAX (727) 786-7479 MHW +1.3' MLW -0.4' "ELEl1A)70NS REFERENCE N60-1929 SHEET -5-- SHORELINE Engineers Seal 0%111.1111 / 17 Pi ?' ? 0 % .1:.. 09 0 .. F .. JAN 31 2005 = . ; 6 E OF PLANNING DEPARTMENT - • '•• E ' • C11Y OF CLEARWATER ° `?``) SW2RWARR ROW DA 337 64 TEL: M-111.434 I `` FAX (727) 5303790 1 ! Am .oRrNa SCALE-.1"=30' MULTI-USE DOCK Application # NOTE.• BOAT LIFTS TO RE INCL UDED IN PERMIT (OFFICIAL USE ONLY) 5.0 EITHER 2" X 6" PT WOOD, TREX COMPOSITE DECKING OR EQUIVALENT 3" X 8" PT PINE 2"X10"PT STRINGER 42" MAX. 2.0' D.C., .40 RET. 2" X 4" RAMP DOWN FROM 5.02' AT SEAWALL PT PINE TO 4.02' AT MAIN DOCK COUNTERSINK ALL BOLTS ADJACENT c 10 DOUBLE 2" X 10" PT STRINGER .40 RET TO BOAT SLIPS. G c . ALL BOLTING TO BE 5/8" 2" X 10" S4S .40 RET. HOT DIPPED GALVANIZED ONE EACH SIDE NOTE: DECK BOARDS TO BE TRIMMED BOTH SIDES. NOTE: ALL INTERMEDIATE STRINGERS TO BE LAP JOINTED AT BENTS. 8" TIP PILING 2.5 C.C.A. RET. SET BUTT DOWN MAIN ACCESS BAY HARBOR TOTAL SQUARE FEET 1376 WOODS CONSULTING TOTAL PREEMPTED AREA 5305 ' 1714 CR 1 SUITE 22 MAIN ACCESS DETAILS 526 WATERWAY WIDTH WATERFRONT WIDTH 1 17979.8' DUNEDIN, FLORIDA 34698 PH. (727) 786-5747 FAX (727) 786-7479 MHW +1.3' MLW -0.4' I'ELE1017ONS REFERENCE NOPD-1929 SHEET SHORELINE Engineers Seal PD 91D JAN 31 2005 '•? ?= ? 5 •*-? PLANNING DEPARTMENT _ , CITY OF CLEARWATER F , : ; , ` ,.• t ' I I ? 1520 ATERCAUWOOD 3DRIVE 77, FLORIDA 3 CLLAREL:(/27) SD04347G4 727 530.3790 ' ` FAY ) : ( Ab nplrriNpo I , V V V V Y ? ?" SCALE:1"=30' MULTI-USE DOCK Application # NOTE.' BOAT LAFTS TO BE /NCLL/L7E0 IN PERM//r (OFFICAL USE ONLY) RECYCLED PLASTIC CAPS ON ALL PT ROPE STOPS EXPOSED PILE TIPS, FASTEN WITH S.S. NAILS (TYP.) ELEV. - 10.0' EITHER 2" X 6" PT WOOD, TREX COMPOSITE DECKING OR EQUIVALENT 2" X 10" PT STRINGER MAX. 2.3' O.C. .40 RET. ELEVATION=4.02 F DOUBLE 2" X 10" PT STRINGER .40 RET. COUNTERSINK ALL BOLTS ADJACENT 2" X 10" S4S .40 RET. TO BOAT SLIPS. ONE EACH SIDE 0 0 ALL BOLTING TO BE 5/8" HOT DIPPED GALVANIZED o 0 CROSS BRACE o o NOTE: DECK BOARDS TO BE TRIMMED BOTH SIDES. 2" X 10" R.C. 2.5 C.C.A. ONE EACH SIDE IN WATER ALL INTERMEDIATE STRINGERS TO BE LAP DEPTH OVER 8'. JOINTED AT BENTS. 8" TIP PILING 2.5 C.C.A. RET. SET BUTT DOWN WOODS CONSULTING BAY HARBOR TOTAL SQUARE FEET 1376 TOTAL PREEMPTED AREA 5305 ' 1714 CR 1 SUITE 22 3.0' CATWALK DETAILS WATERWAY WIDTH 526 WATERFRONT WIDTH 179.8' DUNEDIN, FLORIDA 34698 PH. (727) 786-5747 FAX (727) 786-7479 MHW +1.3' MLyy -0.4' "ELEliAMNS REFERENCE N00-1929 SHEET _2- SHORELINE Engineers Seol ??ttt.ttt WA ,f'- C E, E I D ? r l1 U L`.7 r ?* Y R. ? i I 5 " N 6 JAN 31 2005 ,I: ?- PLANNING DEPARTMENT ;; •', . ;r,T ; CITY OF CLEARWATER 1520 Cm ALNVOOO OWE IX 337W LNfWATEK (LOFUDA • •I: x(441 TEL: (727) 560-4341 ' ` F": (/27) 5303790 t r go npIr,INI AI SCALE:1"=30' MULTI-USE DOCK Application # NOTE BOAT LIFTS TO BE INCL UDED IN PERM/T (OFFI CAL USE ONLY) RECYCLED PLASTIC CAPS ON ALL EXPOSED PILE TIPS, FASTEN WITH S.S. NAILS (TYP.) \1 5.O ELEV. = 10.0' MAX EITHER 2" X 6" I HANDRAIL (WHERE APPLICABLE) PT WOOD, TREX PT ROPE STOPS COMPOSITE DECKING OR EQUIVALENT 3" X 8" PT PINE 2"X10"PT STRINGER 42" 1 MAX. 2.0' O.C. .40 RET. 1 2" X 4" ELEVATION +4.02' 10 PT PINE COUNTERSINK ALL BOLTS ADJACENT TO BOAT SLIPS DOUBLE 2" X 10" PT . o STRINGER .40 RET. 0 0 ALL BOLTING TO BE 5/8" 2" X 10" S4S .40 RET. HOT DIPPED GALVANIZED ° ° ONE EACH SIDE CROSS BRACE NOTE: ` DECK BOARDS TO BE TRIMMED BOTH SIDES. 2" X 10" R.C. 2.5 C.C.A. ONE EACH SIDE IN WATER o DEPTH OVER 8'. o NOTE: ALL INTERMEDIATE STRINGERS TO BE LAP JOINTED AT BENTS. 8" TIP PILING 2.5 C.C.A. RET. SET BUTT DOWN BAY HARBOR TOTAL SQUARE FEET 1376 WOODS CONSULTING TOTAL PREEMPTED AREA 5305 ' 1714 CR 1 SUITE 22 5.0' CATWALK DETAILS WATERWAY WIDTH 526 WATERFRONT WIDTH 179.8' DUNEDIN, FLORIDA 34698 PH. (727) 786-5747 FAX (727) 786-7479 MHW +1.3' MLW -0.4' l'ELE{iAMNS REFERENCE MM-19?9 SHEET -8- SHORELINE Engineers Seal [ID D rr ? `011 11.Ill? N s? U t? u ? 16 JAN 31 2005 PLANNING DEPARTMENT CITY OF CLEARWATER • ?; ••?. rho 11 4f , ? ) Sxo CHATEAUw000 owve • ? ?? ,`` uc WA(727 SDO-A $37" p i f FAX: (727) 590-3790 i Ab nDfrIniA i NIU1HPiLz SCALE:1"=30' MULTI-USE DOCK 7 Application # NOTE• BOAT LIFTS TO BE INCLUDED IN PERM/T (OFFICAL USE ONLY) GENERA L NO TES: 1. ALL DECKING TO BE TRIMMED, BOTH SIDES. ALL PILINGS TO BE SEA TED W1 TH A FREE FALLING HAMMER IF WATER JETTING IS INSTALLATION METHOD. . PILING CENTER TO CENTER SPACING ON ALL DOCKS TO BE 10' NOMINAL. NOT TO EXCEED 12' DOCK FRAMING TO BE CONSTRUCTED USING STAINLESS STEEL RING SHANK 16D NAILS. DECKING TO BE SECURED TO STRINGERS WITH #10 STAINLESS STEEL SELF- TAPPING SCREWS. . DECK BOARD SPACING A T TIME OF INSTALLA TION NOT TO EXCEED 1/8 6. ALL DOCK FRAMING OTHER THAN DECKING TO BE MINIMUM GRADE 2 LUMBER. 7 RASP OR FEA THER ALL SA WCUTS. ,• Nac J' A A B B 1 • SECTION A-A SECTION 8-8 NAILING PATTERN MAILING PATTERN AT LAP JOINTS FOR DOUBLE STRINGER rat t, 9EnIWV ON7S LAP JOINT PATT ERN FOR DOUBLE STRINGERS INTERMEDIATE STRINGER (N7s) LALIQ T_ ICI Ir'JI ?' s ELECTRIC CONDUIT Aft s' OWDXAP PVC WATER LINE by7EAIeED/A7F smevADP % o• YAK ~ R 1 NpfWK SPAa. RG 1 0 DECK SCREW PATTERN aar.ar SIRIVGERS (Nls) IN IAA STRIN 5 . iii is EITHER 2' X e* PT WOOD, TREX COMPOSITE DECKING 1 1.1 1.1 OR EQUIVALENT 111 I? 1. U TI'L I T Y SECTION VIEW ONE SCREW INTO EACH (NTS) STRINGER AS SHOWN BAY HARBOR TOTAL SQUARE FEET 1376 WOODS CONSULTING TOTAL PREEMPTED AREA 5305 ' 1714 CR 1 SUITE 22 DOCK DETAILS WATERWAY WIDTH 526 WATERFRONT WIDTH 179.8' DUNEDIN, FLORIDA 34698 PH. (727) 786-5747 FAX (727) 786-7479 MHW +1.3' MLW -0.4' ,CZ1WAT/ONS REFERENCE NOW-1929 SHEET _2 SHORELINE Engineers Seal - ???: , WCs - !r ?? •. ...• i o r • ?i Elev. ? .? ? J ?. t? ?• ? 00 JAN 31 2005 { _ TO4 .. , ;* : . • , PLANNING DEPARTMENT .? ? '°g'••° = t CITY OF CLEARWATEf? .. ?.,. .• AP ATC PIMPA v we % TEL: (7P27) 580?341 PAY: (727) 530-3790 L SCALE: = 1:10 MULTI-USE DOCK Application # NOTE BOAT L1FTS TO BE INCLUDED IN PERMIT (OFFICAL USE ONLY) EL.=402' MATCH LINE 18.4 =10 EL. =502' SLOPE EL. _ -2.4 I I EXISTING SEAWALL EL. _ -4 8' MATCH LINE EL.= -95' EL. = -78' EL. -9.9' EL. =100 MX I PROPOSED DOCK MHl?l? f >. 3 ML w -0.4 BOTTOM CONTOUR 7 SECT?oN A - A ' ELEVATION DETAIL Qx L. = -7 . _ -9.9' E TOTAL SQUARE FEET 1376 WOODS CONSULTING BAY HARBOR TOTAL PREEMPTED AREA 5305 526' 1714 CR 1 SUITE 22 WATERWAY WIDTH CROSS SECTION A - At WATERFRONT WIDTH 179.8' DUNEDIN. FLORIDA 34698 MHW +1.3' MLW -0.4' PH. (727) 786-5747 FAX (727) 786-7479 "ELE0A17ONS REFERENCE NOW-1919 SHEET 10 SHORELINE Municipality Engineers Seal VED ?? n?1?111 1 1 1 ? ? ?' @• / .......... 3F ' t1v `. ..: / ?..0 00 JAN 31 2005 - r PLANNING DEPARTMENT CITY OF CLEARWATER ,, .. ?. / ? iszocnnreauwooovwve '/' 1 1111`?? c ?A(7, ss o3 sou 46 • CIPIPINIDI SCALE:1"=30' MULTI-USE DOCK Application # (OFFICAL USE ONLY) No7_x- BOAT L/FTS TO BE /NCLI/DED IN Rowr NO MOORING QTY 2 LOCATE APPROX AS SHOWN I l - w z - ? -? zl 0 ® © ® Iv Q Q I Z I r ? I I ? I ?. L I m I T=:= WOODS CONSULTING BAY HARBOR TOTAL SQUARE FEET 1376 TOTAL PREEMPTED AREA 5305 526' 1714 CR 1 SUITE 22 DOCK SIGNAGE WATERWAY WIDTH WATERFRONT WIDTH 179.8' DUNEDIN, FLORIDA 34698 MHyy +1.3' MLyy -0.4' PH. (727) 786-5747 FAX (727) 786-7479 "ELEYA17ONS REFERENCE NOW-1929 SHEET _LL SHORELINE Engineers Seal DD J* JAN 31 2005 j - N 55 6 '9* 411 , PLANNING DEPARTMENT CITY OF CLEARWATER ? ;? ,, ,,:.?, ? • 1520 01 eAVWOCO DRIVE ` CiILARWAT[R, L0RIDA 33764 '' / / , `TEL, 27) `` FAX: (7 271 530 3790 e i r1 1 r1 I R I A SCALE:1"=30' MULTI-USE DOCK Application # (OFFICAL USE ONLY) NOTE BOAT L/FT5 TO BE /NCL UDED IN PERM/T ' CAUTION II1,A?iAT` A.i t A:c I CAUTION MANATEE SIGN LOCATION I l I z O O O® O© O® a? ?> Q? ? r m WOODS CONSULTING BAY HARBOR TOTAL SQUARE FEET 1376 TOTAL PREEMPTED AREA 5305 ' 1714 CR 1 SUITE 22 MANATEE SIGNAGE WATERWAY WIDTH 526 WATERFRONT WIDTH 179.8' DUNEDIN, FLORIDA 34698 PH. (727) 786-5747 FAX (727) 786-7479 MHW +11 MLW -0.4' "ELEVATIONS REFERENCE NOW-1929 SHEET _12 SHORELINE Engineers Seal . V%-III fill JAN 31 2005 % ' • y" - PLANNING DEPARTMENT CITY OF CLEARWATER L'" 135 ?? `,1 ,CLEA4D;WfJJ0A 337rA TEL: : (727) 530.3790 7-11 f M CD L r/'1I'Nn WOOD DOM atOCK CLEARWATER HARBOR WOOD D= \ I- \ \ \ Vow DOCK 15' #aE N sEAwu s?va, AV a. a F X fD01. Inl v?,* ras Y a4w GQb ? i I j I vj O Q ? e w or oR9E F ?4 F ?a RG s C E'E > ?W W. Z V e Z R i _Z ? Ft P K Z zo. V ?Y EB #5936 NES Comm.: 0445 OmmB. BJ.V. CMdeE 9Y X.e. Issue Date: 09117104 evi I ns: z d W I N fA W H F W a z 0 Z 7 I 1 }F i R Ln C= N L_. -1 r" ?. Q rr°.. J 1 4 ? 1 4- 1 r vi FS LF. t ---- -------- ------------ 1 I I 1 ; J 1 ??? Y 1 1 AD 1 ? 1 IEY r-1 1 1 t 1 1 1 -_?-- 1 ? t 1- • -? 11 Les NV 10 1W } &7 ul?rroc? \ RE76111CWA'YID ExeJ 1.? %1 A D-1 Sw A& 1 ---'_" It b &4j Ills 100 IAti ??- gAYW A -or,-t- - 38x. CANCl " v ne _ Sp"? r>mor Nal n?o U O N 0 0 z 0 v o ?o co a <? m e? °?"RApNA?NU???CHHARI N, Bb88 LL S/{\U FL ?\???I sSxl,tt <<a aPY` ?rf 1 Woods Consu ing Environmental Permitting Marine Engineering Hydrogeology Land Planning ORIGINAL January 31, 2005 Wayne Wells City of Clearwater Senior Planner Planning Department 100 South Myrtle Suite #200 Clearwater, Florida 33756-5520 Re: Bay Harbor Multi-Use Docks 600, 606, and 612 Bayway Blvd., Clearwater, FL Dear Wayne: 1714 County Road 1, Suite 22 Dunedin, FL 34698 Please find enclosed an original signed and sealed boundary survey with upland plans (+ 14 copies) for the Bay Harbor Multi-Use Docks Flexible Development Application that was submitted this date. The original submittal did not include the signed and sealed boundary survey. Please call should you have any questions or require additional information. M regard<s, Terri Skapik Senior Hydrogeologist Woods Consulting, Inc. RECEIVED FEB 0 3 2005 PLANNING DEPARTMENT CITY OF CLEARWATER PABay Harbor - old Mize Bayway (143-04)\Mize Bayway 22 boundary surveys sent to wayne wells.wpd Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org 0 'Consulting Woods 'Consulting Environmental Permitting Marine Engineering Hydrogeology Land Planning 1714 County Road 1, Suite 22 Dunedin, FL 34698 March 16, 2005 John Schodtler? ?II Planner I DIU! ? VAR 18 2005 1City of Clearwater Planning Department PO Box 4748 -M Clearwater FL 33758-4748 PU. J''"' T SVC Re: Bay Harbor Dear John: Please find enclosed the plans you requested (original + 15 copies) and the revised Attachments A and B for the City. Should you require further information, please give me a call. Sincerely, Terri Skapik Senior Hydrogeologist Woods Consulting, Inc. PABay Harbor - old Mize Bayway (143-04)\Mize Bayway 27 cover letter to John at City.wpd ORIGINAL Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org SCALE 1"=50' MULTI-USE DOCK Application # NOT. BOAT L117E TO 9E INCLUDED IN PERM/T (OFFICAL USE ONLY) C LEA,14WATER `E ACH ) r111 i t <I 5 :r ? r ? a •; ? ti 1 i i f 019 ) PROJECT LOCATION' i - = 4 1 ? if 1 L._ 1 . r Yi 1F _ ( 5 < 1 . CLEVELI -? BAY HARBOR WOODS CONSULTING LOCATION MAP WATERWAY WIDTH 526 WATERFRONT WIDTH 179.8 22 1714 CR 1 SUITE DUNEDIN, FLORIDA 346 698 MHW +1.3 MLW -0.4 PH. (727) 786-5747 FAX (727) 786-7479 *ELEIiAMNS REFERENCE NOW-1929 SHEET SHORELINE Municipality ngineer s Seal P10C ,,?•? rJ i E EF-?V' ? • , >, JAN 31 2005' =k :; 4o PLANNING DEPARTMENT = 10 CITY OF CLEARWATER .'see 00,0 1520 CHMAUWOOD DRA CI1ARWAT111L.11DA 337 ''' 1 1' 1 1 , ``` FATEL: (7 2 7)580-4341 Y: (727) 5303790 SCALE I"=50' MUL USE DOCK Application # NOTE BOAT L/FTS TO BE /NCL 6/DED IN PERMIT (OFFI CAL USE ONLY) ..... .... . . .... .. . 1, ? - - _ _CLEARWATER B - j . -- -- EACH {3ULF BLVD ` I '" ? .Sl ? - s '"„+. -fr : t ? ', ?r\ ? Z fi , ,,? r,?,._.-,_. PROJECT LOCATION '?„ i7' ?•'?- ? DRE a ?' A I A19 rL + .. ___.. _-.... _. _._....•_. _-__ -. _. ...,._ -. ...... ., _....-,tea `.., _.._ __ ...,....._. ._ - - ...... BAY HARBOR WOODS CONSULTING LOCATION MAP WATERWAY WIDTH 526 1714 CR 1 SUITE 22 WATERFRONT WIDTH 179.8 MHW +1.3 MLW -0.4 DUNEDIN, FLORIDA 346 698 PH. (727) 786-5747 FAX (727) 786-7479 +'ELEI/AMNS REFERENCE NOW-1929 SHEET .1_ SHORELINE Munici alit _ ,w ` ; ; ?? 4 Figlr "r.-s Seal o` .• ?•• i ' 10 2005 MAR ? ? ORIG PLANNING DEPARTMENT CITY OF CLEARWATER ` •° ' ' EVISION 1: 3/3/2005 i / ?' ?` 1520 Gr1ATEAWJP7D DRIVE QEARWATER, ftOPJDA 33764 /'r_. I ?I}? `` W: (72 27 s33D 3790 TEL: 13AY HAHBUK 872 SQUARE FEET 526' WOODS CONSULTING EXISTING DOCKS TOTAL WIDTH WATERWAY 1714 CR 1 SUITE 22 W/ AERIAL WATERFRONT WIDTH 179.8 DUNEDIN, FLORIDA 34698 PH. (727) 786-5747 FAX (727) 786-7479 MHW +1,3' MLW -o.a' "ELE!/. MNS REFERENCE NOkD-1929 SHEET _ 9 SHORELINE Engineer's Seal % V" O R I G I i V A L PMNING DEPAo - TRW" - CI t ? ?LEA % EVISION 1: 3/3/2005 5-'0 C-TF UWOOO DRIVE C.Lf" TEL WA'7 R.'FLO -034 3764 / / \ \ FM (727) 530-3790 BENTHIC SURVEY Bay Harbor Condominiums I Prepared for: Mark Newkirk 9309 N. Florida Ave., Suite 104 Tampa, Florida 33612 &'70--T N 1L Sue\-)q Submitted by: Woods Consulting, Inc. September 17, 2004 • 0 Woods Consulting Environmental Permitting Marine Engineering Hydrogeology Land Planning 1714 County Road 1, Suite 22 Dunedin, FL 34698 January 31, 2005 Mark Newkirk ORIGINAL 9309 N. Florida Ave., Suite 104 Tampa, Florida 33612 Re: Benthic Survey for the Bay Harbor Condominiums Located at 600, 606, and 612 Bayway Blvd. Clearwater, Florida Dear Mark: As required by the City of Clearwater, Pinellas County, the Department of Environmental Protection (DEP) and/or the Southwest Florida Water Management District (SWFWMD), Woods Consulting, Inc. performed a Benthic Survey for the Bay Harbor site, located at 600, 606, and 612 Bayway Blvd in Clearwater, Florida. Terri Skapik, Senior Hydrogeologist, performed the Benthic Survey on September 15, 2004. A total of 7 Transects (shown on Figure 1) were swam to note the occurrence of sea grasses, worm tubules, fish, crabs, oysters, algaes, etc. The survey area exhibits a sand bottom with overlying silts. Barnacles (Balanomorpha) and oysters (Crassotrea virginica) were present along the entire length of the existing seawall from the mean high water line to the bay bottom as well as attached to the existing dock piles. The oysters were sparsely present between Transects 1 and 4 and became more abundant at Transects 5 through 7. Rip rap was located between Transects 1 and 5 and was abundantly colonized with oysters, soft corals, algaes, and tunicates. The benthic survey shows that two small patches of Manatee sea grass (Syringodium filiforme) are present at the site, specifically along Transect 1 and Transect 3 (see Figure 1). The sea grass located at Transect 1 is sparse with 10-15% bottom coverage from the seawall to approximately 20 feet out from the seawall. The sea grass located at Transect 3 is dense with 70-95% bottom coverage from the seawall to approximately 10 feet out and then sparse sea grass is present with 10-15% bottom coverage from approximately 10 feet to 18 feet out from the seawall. No other benthic organisms were present at the time of the survey. The dock design for the Bay Harbor Condominiums was designed to minimize any negative impacts to the existing sea grass beds. If you have any questions, please call. Sincerely, Terri Skapik Senior Hydrogeologist Woods Consulting, Inc. PABay Harbor - old Mize Bayway (143-04)\Mize Bayway 21 benthic report.wpd ?\U??= C I - [ VL? JAN 3I 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org 0 , , 0 Woods Consulting Environmental Permitting Marine Engineering Hydrogeology Land Planning 1714 County Road 1, Suite 22 Figure 1. Bay Harbor Site Map with Survey Transects Dunedin, FL 34698 ORIGINAL Epp JAN 31 2005 PLANNING DEPARTMENT CITY OF CLEARWATEP / SPARSE MANATE? GRASS BEDS-i,,,,. RIP ABUN GROw SCALE: OYSTER ,/ SEAWALL L O b ^ € ti 1 "= 40' ^o o0 ?y o O? ?e 0 O b MIZE BAYWAY BENTHIC SURVEY o ?N o ? O O b T7 RIP RAP WATERWAY WIDTH 550'± WATERFRONT WIDTH 181 MHW +1.3' MLW -0.4' Office: (727) 786-5747 `rr:I(?T2%??1??`?E i" giT Vdl woods @ woodsconsulting.org • • Am do nPIMNIA1 SCALER"=30' MULTI-USE DOCK Application (OFFICAL USE ONLY) NOTE.' BOAT LIF7S TO BE INCLUDED IN PERM/T NOTE: ALL SLIPS TO BE 31.0' X 14.0' CS SLIPS 2 THRU 7 TO USE 3.0 CAT WALKS SLIP 1 & 8 TO USE 5.0 CATWALKS PER ADA 14.0 CS SEE SHT 10 I 1 3.0 5.0 I 1 5. 3.0 A 3.0 I ZI I ' O ? I ® © ® 31 ?? Q 60 . 54 4 1 I . 0- z i ?I II ?. I 0 4 5 18 . . 5.0 A 139.0 i BAY HARBOR TOTAL SQUARE FEET 1376 WOODS CONSULTING TOTAL PREEMPTED AREA 5305 ' 1714 CR 1 SUITE 22 PROPOSED DOCK DIMENSIONS WATERWAY WIDTH 526 WATERFRONT WIDTH 179.8' DUNEDIN, FLORIDA 34698 MHW +t PH. (727) 786-5747 FAX (727) 786-7479 .3' MLyy -0.4' *EL,-0A770NS REFERENCE NOkD-1929 SHEET _3- SHORELINE Engineers Seal ro" `111111111 ?j 41, JAN 31 2005 PLANNING DEPARTMEN _; • CITY OF CLEARWATIR or?? .• . 1320 CMATE MOOD OPJVE S CItA ATER' F EL: (72 )560D 41 ` A 374 `X`: 027) 9 3790 . ~ ~ J "o(cX~~ U IO lb D-01010 S~C~CI®N 8 ~ ]L7, 7C®WNS]EIII[~ 2~ s®gT~IE~, IBANGIE g5 ]EASE, ]LaINIEIL]LAS ~®~TN7C~, 1FlL®IB,II~A CLEARWATER HARBOR ` ~ UNPLATTED 30~ DOCK ~ _ , CK UNE - SETBA 38-39 - - - WOOD PGS. - - - - - P.B•38, ~ DOCK ~o WOOD WOOD J DOCK DOCK WOOD ~ DOCK ~ s I ~ • e2 C 0 20 q '0 40 ~ ~~l~k ~ < ~ ,~w.,a;<vi~ r p PR FPKND p FPKND ~ 0 ~ PLS 505 rx • 1 ~ 10 ~ PLS 3138 N '~6 N• C i ~ o' LEGEND: WOOD ~ UMIN _ I , ~ 3.5 AL ® DENOTES WOOD POWER POLE i 16.0 5„ DECK x 6„ Co C. FENCE ) =DENOTES GUY WIRE 8 ANCHOR 7R POLE 6'x0.7' CONC. .6' ~ J ~ CONC• 'G~ ~ ,..X. XX =DENOTES GROUND ELEVATIONS & ANCHOR -EVATIONS w CONC. BLOCK WALL 9.2~ - 24.8 ~ ~7 N 4„ G DRIVEWAY 11.9 _ PAVEMENT 0 X.XX DENOTES EDGE OF PAVEMENT - ~ S ~ X. XX =DENOTES TOP OF CURB URB - CONC. TORY C.B.S. 6" CONC. SLAB (2) S 38.2 BLOCK N ESS X600 ~ ~ A =ARC DISTANCE SHED w ADDR ~ A Op _ n ~ BFP =BACK FLOW PREVENTER TER i ~ LLF.EL.=7.52 <o o N~ _ ~f 9~ ITIZ ~ ~N CB =CHORD BEARING 5'~ 7,7i ~ ~n ~n o ° CONC. =CONCRETE i ~SI~ 5.7' v' Y C.B.S w ~o cno MOORINGS TOWNHOMES I D =DELTA 5 2 STEPS TOR ,c ~ Z _ 24.0 ~ ~ ~ C1) S Og ~o o~N P.B. 126, PGS. 7$-79 FCIR -FOUND CAPPED IRON ROD 6 WOOD ~ ~ =O CONC. g w MR• S 12 o y• NN FIR =FOUND IRON ROD N ROD `_'I m 18 0o ESS 6 ~ ~J FENCE o SLAB ApDR -7,27 FND = FDUND ~I „ A•'~r ~ D D p LL~,EL• FN/D =FOUND NAIL AND DISK ISK 50.1' p (2) STORY C.B.S. F/NAIL =FOUND NAIL 5~, ~ TOWNHOMES FPKND =FOUND PARKER KALON NAIL AND METAL 5 w ~ 0~ 0' NN ,~5 ID =IDENTIFICATION DN NAIL AND DISK SHED h' n~ ~ ~ ,29 ,15 LB =LICENSED BUSINESS S TORY C.B.S. ~ 38.x. oo $ ~29 LP =LIGHT POLE 0 ADDRESS 606 Z , CONC, W G'( 1 OHW OVERHEAD WIRES O o = 02 w o 5 -On SE \OlA ORB =OFFICIAL RECORDS BDOK BOOK h• n Ln w LLF.EL. 7• ~ OF G~ P.B. =PLAT BOOK n n n O - N c0 S~ _ D CURVATURE O Z n ~ OF PCC -POINT OF COMPOUND CURVATURE n n p ~O ~ \~E PGS, -PAGES LOT 5 rnN z ~vo ~ 6 WOOD CONC. SO L PLS = PROFESIONAL LICENCED SURVEYD NCED SURVEYOR NG BLOCK A D POOL D n ~ rZ 16.5 FENCE ~ pR~ P. 0.8. =POINT DF BEGINNING KjM Rl O ~O W , PARKING. w 0.5 CONC. ~ ~ P.O.C. =POINT OF COMMENCEMENT o n ~ 16.4 w I a7 CURB ~ _ EMENT .-r- PRC POINT OF REVERSE CURVATURE DIRT x ~ D ~ 17'2 U.' PRM =PERMANENT REFERENCE MONUMENT CURVATURE NCE MONUMENT IOUND w W ~ (P) =PLAT N coin ~ (M) =MEASURED NN L01 8 - s BLOCK A (F) -FIELD d,~, CONC. S~ •S~ '0 (R) -RADIAL ° ° DECK ~ 6' ~ (C> =CALCULATED LOT 6 LOT 7 ~ 5 (D) =DEED NN i~a~~ BLOCK A w ~ SCIR /8 s RLS =REGISTERED LAND SURVEYOR ZZ BLOCK A w 0~ ~ ~ ~s SPKND =SET PARKER KALON NAIL 8 DI51C SURVEYOR ~ ~ ~ ~ 0 / WM =WATER METER 6.0 16.6 CONC• ~ ~ PC _ ~ _~--0HW-"~~ _ NAIL & DISK _ _ WPP WDOD PDWER POLE._ I _ . _ - _ _ (1) STORY PARKING ~ 0 r . ~(P)_ -.5.~_.~.~ N S S '1 -pp.12 4 OH C.B.S. o ~ •0 'S' Ham- ~ OFFICE -13.4 26.0 / 0 ~y IpEV~ ALK OH ~ , ~ ~ CONC. S ~ OH `?,\`V ~ s ~ p p~(P) 4 w ~ . ~ •A ASPHALT ~ C ~ HW~ u j~s S 0 _ - ~ PARKING A ~ S ~ S~ CHD.-26.37 (P&M) OH ,S ~ - CB=N81° 53 29 W(P&M) W LP TBM Na. 2 9 TBM No.1 ,8'(p) WM W ~ A SET NAIL 0 ••S EL.=4.93 h P'69 A S - . 9 0 •S 2 EL. 4 7 cP ~ PCC FPKND A 6' S I FPKND 0 RLS 3616 H •A ~6 O h' ~ 'S6~ S ti RLS 3616 A ~ PRC N PP A •S 0 • •S S ~ ,9 H •o AR A v ~ E Ul- ~ w 0 cF AA ~ ~ ~ Y AR o 'A S S A v ~ C PTION~ W E. LEGAL DES RI A S - F UL ~ o o ~ v ~ Y - AY s / ~yA - F w 9 Y T o NT ~ A A ~ IGH ME A PARCEL OF LAND LYING INS SECTIONS 8 AND 17 TOWNSHIP 29 SOUTf R E _ ~ • S 0 • ~ ~ ~i' g0 T p AV IIP 29 SOUTH, ,S S S , ASpHA~ OVER RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY RTICULARLY S •0 / 38 ~ ONC• G DESCRIBED AS FOLLOWS A ~ 2C •9~ ~ ~ ALL OF LOTS 6, 7 AND 8, BLOCK A OF BAYSIDE SUBDIVISION No. 5, ACCT No. 5, ACCORDING ! TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, PAGE OK 38, PAGES 38-39 ~ OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WIT )GETHER WITH ~ ALL RIPPARIAN RIGHTS ABUTTING SAID LOTS. i i, CONTAINING 0.558 ACRES MORE OR LESS. C1 C3 CU VE DATA CURVE DATA. R LEGEND: R-3200.00' A-197.52' R-5000.00' A-6.28' 1. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF LOT 6, BLOCK "A", CHD.-197.49'(C&M) CHD.-6.28 (P) 6.56 (C) ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEARING OF NORTH 21°49'26" EAST. D¦03°32'12" D•00°04'18" 2. ELEVATIONS SHOWN HEREON ARE BASED ON N. A. V. D. DATUM OF 1988. CB-N79°53'28"W(C&M) CB¦78°05'12"E(P) 3. BENCHMARK -CABINS BENCHMARK BRASS DISK IN CONCRETE MEDIAN, STAMPED LP-15, CB-86°19'07"E(C) ELEVATION = 4.191. 4. THIS SURVEY WAS PREPARED WITHOUT AN ABSTRACT OF TITLE. THERE MAY BE ADDITIONAL C2 CURVE DATA C4 CURVE DATA RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURUEY. - 5. ALL PROPERTY CORNERS ARE SET CAPPED (5/8") IRON ROD, LB 6928 UNLESS OTHERWISE R•1000.00'A-173.52' R-4880.00'A-6.11' NoTED. CHD.-173.25'(M) 173.31'(C) CHD.-6.11'(P) 6.11'(P&M) A oN: D-00° 04'18" 6 FLOOD ZONE INFORM TI D 09 56 32 COMMUNITY PANEL No.: 125096 0104 G ° ' " CB-N 8° 05'12"W(P&M) CB S72 55 38 E(C) 7 FLOOD ZONE: ZONE AE (EL.11) - 3°09'06"E(C) CB 7 REVISED MAP DATE: SEPTEMBER 03, 2003 r~ I SCALE I~r~YSIIDIE SLJIDII~IVISI®N No.S ~LIEIN ~c S~C~UI~ 9UI$VIE~IN~ INC. LAST ATE OF FI LD WORK: JUNE 18, 2004 1"=20' FIEL'DlD 9 =201 FIELD BOOK: 94152 as, ~c~s. as-a~ ~ ~ PROFESSIONAL SURVEYORS AND PLANNERS ~®~TNII~1~Ht DRAWN BY: PAGES:°• BAK PAGES 207,23 8016 OLD COUNTY R~JAD No. 54 g UCE A. KLEIN, P o. 5052 FOR= MIZE & SEFAIR PROPERTIES INC. 3 CHECKED BY: XXX i NEW PORT RICHEY, FL~RIDA 3465 FLORIDA REGISTERED SURVEYOR XXX 1725 /z EAST 7TH AVENUE, SUITE 2 OFFICE= 727-834-8140 FAX= 727-834-8150 ~~~~~i~ TAMPA, FLORIDA 33805 NOT VALiD WITHOUT THE SIGNATURE AND ORIGINAL RAISED JOB No. ~ 040075.2 SHEET N. ?75 2 SHEET No.: 1 OF 1 NO.~ REVISION BY~ ~ LB 6928 SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER i I - _ - Ai`INIr-? pE?E ?-MRS' s i ?F