DECLARATION OF RESTRICTIVE COVENANTThis instrument prepared by:
Leslie K. Dougall-Sides
Assistant City Attorney
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2011055258 03103/2011 at 11:21 AM
OFF REC SK: 17183 PG: 1369-1375
DacType:RST RECORDING: $61.00
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANT (hereinafter
"Declaration") is made this ZQi day of ;Fe,5,tu47Aj , 2010 by the City of
Clearwater, (hereinafter GRANTOR), whose address is Post Office Box 4748, Clearwater,
Florida 33758-4748, and the Florida Department of Environmental. Protection (hereinafter
"FDEP").
RECITALS
A. GRANTOR is the fee simple owner of that certain real property situated in the
County of Pinellas, State of Florida, more particularly described in Exhibit A attached
hereto and made a part thereof (hereinafter the "Property").
B. The FDEP Facility Identification Number for the Property is 529804856. The
facility name at the time of this Declaration is Clearwater Police Substation;
C. The discharge of petroleum products' chemicals of concern on the Property is
documented in the following report that is incorporated by reference:
1. Soil Assessment Report (hereinafter the "Report") dated February, 2008,
submitted by URS Corporation
D. The Report noted in Recital C sets forth the nature and lateral extent of impacted soil
on the Property. This Report confirms that soil contaminated with. petroleum products'
chemicals of concern, as defined by Chapter 62-777, Florida Administrative Code remains
beneath the Right-of-Way in front (east) and to the side (north) of the Property and that no
groundwater contamination exists. The area of impacted soil delineated on Figure 4 in the
Report will be addressed by restriction.
Page 1 of 6
E. It is the intent of the restrictions in this Declaration to reduce or eliminate the risk of
exposure of the contaminants to the environment and to users or occupants of the Property
and to reduce or eliminate the threat of migration of the contaminants.
F. The FDEP has agreed to issue a No Further Action with Conditions (hereinafter
"Order") upon recordation of this Declaration. The FDEP can unilaterally revoke the Order
if the conditions of this Declaration or of the Order are not met. Additionally, should
concentrations of petroleum products' chemicals of concern increase above the levels
approved in the Order, or if a subsequent discharge occurs at the site, the FDEP may require
site rehabilitation to reduce concentrations of contamination to the levels allowed by the
appropriate FDEP rules. The Order relating to FDEP Facility No. 529804856 is on file with
the Pinellas County Health Department, Environmental Health Division located at 41,75 East
Bay Drive, Suite 300, Clearwater, Florida 33764 and with Grace Rivera with the FDEP
Waste Management Division, Bureau of Petroleum Storage Systems located at 2600 Blair
Stone Road, MS 4545, Tallahassee, Florida 32399.
G. GRANTOR deems it desirable and in the best interest of all present and future
owners of the Property that an Order obtained for the Property be held subject to certain
restrictions and changes, all of which are more particularly hereinafter set forth.
NOW, THEREFORE, to induce the FDEP to issue the Order and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each
of the undersigned parties, GRANTOR agrees as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. GRANTOR hereby imposes on the Property the following restrictions:
a. The area of soil contamination as located on the Property shall remain
permanently covered and maintained with an impermeable material
that prevents human exposure and limits water infiltration.
b. Excavation and construction below two feet surface elevations is not
prohibited within the areas containing soils contaminated with
petroleum products' chemicals of concern provided any soils
contaminated with petroleum products' chemicals of concern that are
excavated are removed and properly disposed of pursuant to Chapter
62-770 F.A.C. (or subsequent contamination site cleanup criteria
rule(s)). Nothing herein shall limit or conflict with any other legal
requirements regarding construction methods and techniques that
must be taken to minimize risk of exposure while conducting work in
contaminated areas. For any dewatering activities, a plan must be in
place to address and ensure the appropriate handling, treatment, and
disposal of any extracted groundwater that may be contaminated.
Page 2 of 6
Nothing in this Declaration shall prevent, limit or restrict any
excavation or construction at or below the surface outside the
boundary of soils contaminated with petroleum products' chemicals
of concern.
C. Generally, there shall be no agricultural use of the land including
forestry, fishing and mining; no hotels or lodging; no recreational
uses including amusement parks, parks, camps, museums, zoos, or
gardens; no residential uses; and no educational uses such as
elementary and secondary schools, or day care services. These
prohibited uses are specifically defined by using the North American
Industry Classification System, United States, 2007 (NAICS),
Executive Office of the President, Office of Management and Budget.
The prohibited uses by code are: Sector 11 Agriculture, Forestry,
Fishing and Hunting; Subsection 212 Mining (except Oil and Gas);
Code 512132 Drive-In Motion Picture Theaters; Code 51412
Libraries and Archives; Code 53111 Lessors of Residential Buildings
and Dwellings; Subsector 611 Elementary and Secondary Schools;
Subsector 623 Nursing and Residential Care Facilities; Subsector 624
Social Assistance; Subsector 711 Performing Arts, Spectator Sports
and Related Industries; Subsector 712 Museums, Historical Sites, and
Similar Institutions; Subsector 713 Amusement, Gambling, and
Recreation Industries; Subsector 721 Accommodation (hotels, motels,
RV parks, etc.); Subsector 813 Religious, Grantmaking, Civic,
Professional, and Similar Organizations; and Subsection 814 Private
Households.
3. For the purpose of monitoring the restrictions contained herein, FDEP or its
respective successors and assigns shall have site access to the Property at
reasonable times and with reasonable notice to the GRANTOR and its successors
and assigns.
4. It is the intention of GRANTOR that the restriction contained in this Declaration
shall touch and concern the Property, run with the land and with the title to the
Property, and shall apply to and be binding upon and inure to the benefit of the
successors and assigns of GRANTOR, and to FDEP, its successors and assigns,
and to any and all parties hereafter having any right, title or interest in the
Property or any part thereof The FDEP, its successors and assigns may enforce
the terms and conditions of this Declaration by injunctive relief and other
appropriate available legal remedies. Any forbearance on behalf of the FDEP to
exercise its right in the event of the failure of the GRANTOR, its successors and
assigns to comply with the provisions of this Declaration shall not be deemed or
construed to be a waiver of the FDEP's rights hereunder. This Declaration shall
continue in perpetuity, unless otherwise modified in writing by GRANTOR, its
successors and assigns and the FDEP, its successors and assigns as provided in
paragraph 6 hereof. These restrictions may also be enforced in a court of
Page 3 of 6
competent jurisdiction by any other person, firm, corporation, or governmental
agency that is substantially benefited by this restriction.
5. In order to ensure the perpetual nature of these restrictions, GRANTOR, its
successors and assigns, shall reference these restrictions in any subsequent lease
or deed of conveyance, including the recording book and page of record of this
Declaration.
6. This Declaration is binding until a release of covenant is executed by the FDEP
Secretary (or designee) and GRANTOR or their successors and assigns and is
recorded in the county land records. To receive prior approval from FDEP to
remove any requirement herein, cleanup target levels established pursuant to
Florida Statutes and FDEP rules must have been achieved. This Declaration may
be modified in writing only. Any subsequent amendment must be executed by
both GRANTOR and the FDEP or their respective successors and assigns and be
recorded by GRANTOR or its successors and assigns as an amendment hereto.
7. If any provision of this Declaration is held to be invalid by any court of
competent jurisdiction, the invalidity of such provision shall not affect the
validity of any other provisions thereof. All such other provisions shall continue
unimpaired in full force and effect.
8. GRANTOR covenants and represents that on the date of execution of this
Declaration that GRANTOR is seized of the Property in fee simple and has good
right to create, establish, and impose this restrictive covenant on the use of the
Property. GRANTOR also covenants and warrants that the Property is free and
clear of any and all liens, mortgages, or encumbrances that could impair
GRANTOR'S rights to impose the restrictive covenant described in this
Declaration or that would be superior to the restrictive covenant described in this
Declaration.
IN WITNESS WHEREOF, the City of Clearwater has executed this instrument, this
day of Ft)P?tua.ri_ , 201Q.
Signed, sealed and delivered in the presence of:
Countersigned:
l/ By:
Frank V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
-William B. Horne II
City Manager
Page 4 of 6
Approved as to form:
Leslie K. Dougall Si es
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
,2'.440(.c? Ca-M _
(R)mfl?X3MWM Rosemarie Call
City Clerk
The foregoing in ent was acknowledged before me this C?gh day of
Rtrc" 2011, y WILLIAM B. HORNE II, City Manager of the City of
Clearwater, ho is personally known to me.
! AMv1V IAG Will$
_??'?` s coMM,a?on?ooeallar
Pri t/ ype Nw?ie: , pSpiRO, NOV, 2A, 2012
Notary Public www,AARONNOTARYAM
Approved as to fory t F1 rida Dement of Environmental Protection, Office of
General Counsel.
IN WITNESS WHEREOF, the Florida Department of Environmental Protection has
executed this instrument, this '/day of a O//
Signed, sealed and delivered in the presence of:
FLORIDA DEPARTMENT OF
By:
MENTAL PROTECTION
Print Name:
((title)) n ?
Division of 1i t clpprop'-uleNvNWf ; B au of f zl l * i)op?tvg ''?'i rea m
{{Mailing Address} }, Mail Station (45V), {City} }, Florida ({Zip Code))
al000 Qla?? 5-fone R,ac?d `raojc"KOL!;,? '3A31,9
Witness:
Print Name:
Witness: I
Print Name:
Date: -04- z o i
> Date:
Page 5 of 6
STATE OF _ r10 r 1'd 0, )
)
COUNTY OF .41M
The foregoing instrument was acknowledged
2010, by
Department of Environment Protection.
before me this _l day of Ajy
as representative for the Florida
Personally Known OR Produced Identification
Type of Identification Produced
Signature of No ary Public
Print Name of Notary Public
„ w CAROL WALIF-RS
Commission No. " Commission # DD 907677 An Pynirffi September 15, 2013
Commission Expires: %. d%uTmy F&IraffWw 800 '0+9
Page 6 of 6
EXHIBIT A O, 20' 40'
SCALE: 1" = 20'
GRAPHIC SCALE IN FEET
C/L NORTH MARTIN LUTHER KING AVENUE
NORTH 56'
POINT OF BEGINNING
PROPERTY
LEGEND
M Subject Property
arwate r
U
ENGINEERING DEPARTMENT
CLEARWATER POLICE SUBSTATION LC - - A7/26/2010
C7ECKM BY hEXHIBIT ' .
1310 NORTH MARTIN LUTHER TLAI AA-CLEARWA
KING JR. AVENUE ??'./??-
CLEARWATE TER, FLORIDA APPROMD en
FDEP FACILITY ID NO. 529804856
SHM 1
1
or
? '. .'.'.'.'.'.rEAST SOUTH 39'
.'.'.'.'.'.'.. EAST 8.5' I SOUTH 17
h
W
W
I CITY OF CLEARWATER
Z POLICE SUBSTATION
PROPERTY LINE
Q
0
si u ?
65'
LEGAL AND SKETCH
LEGAL DESCRIPTION
Begin at a point where the easterly extension of the centerline of Carlton Street
intersects with the centerline of North Martin Luther King Avenue, this point
being the Point of Beginning, thence go West 33 feet; thence South 17 feet;
thence East 24.5 feet; thence South 39 feet; thence East 8.5 feet; thence North
56 feet to the point of beginning. Containing 892.5 square feet more or less.
MAW DY DAR -