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FLD2011-03014; 2241 NURSERY RD; CAFE CHARLIE (2) Looking E along Nursery Road Looking E at subject property from drive-way 2241 Nursery Road FLD2011-03014 Looking W along Nursery Road Looking SW at subject property from Nursery Road. Kevin Nurnberger 100 S Myrtle Avenue Clearwater, FL 33756 727-562-4567 kevin. numberger(? myclearwater. com PROFESSIONAL EXPERIENCE Planner III March 2011 to present Planner II City of Clearwater, Clearwater, Florida October 2010 to March 2011 Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. Assist public customers at the Zoning Counter. Review Building permits Business tax receipts and Landscape plans. Planner I County of York, Yorktown, Virginia 2007 to 2009 Reviewed residential, commercial and mixed use development plans to ensure compliance with planning, zoning, subdivision and environmental standards as well as design criteria, specifications, regulations, codes and ordinances. Manage case load of planning applications and conduct site visits. I met with residents and neighborhood organizations regarding new existing residential development projects as directed. I led pre-application meetings with residents, contractors and developers regarding future projects which included state and local government agencies. Site Assistant Gahan and Long Ltd, Belfast, Northern Ireland 2006 to 2007 I helped to enforce Article 3 of the Planning Order (NI) with land owners, developers and district councils on procedures relating to archaeological and built heritage remains on proposed development sites. I assisted on site during the archeological process though out the pre- development stage. Development Planner Versar Inc, Fort Story/Fort Eustis, Virginia 2005 to 2006 Assisted the Cultural Resources Manager in the predevelopment stages of new development and building expansion projects. Reviewed site plans to ensure protection of historic properties. Supervised and participated in historical surveys and research in accordance with the Comprehensive Plan, the secretary of the Interior's Standards for Preservation planning and the Federal installations and the Virginia Department of Historic Resources. I developed survey strategies for the Cultural Resource Manager by reviewing local and state planning documents, comprehensive plans. The Virginia Department of Transportation plan and Virginia Power's public utility plan. I acted as a resource to the community to educate them on the matter of historic preservation. City Planner City Planning Commission, New Orleans, Louisiana 2000 to 2005 Primary subdivision planner assisting applicants throughout the subdivision process in accordance with the zoning and subdivision regulations of the City of New Orleans. Evaluated zoning and subdivision applications prepared and presented preliminary staff reports to the City Planning Commission and Board of Zoning Adjustments. I participated in the community and neighbourhood workshops that focused on remapping and rezoning portions of the city in support of the proposed new Comprehensive zoning ordinance. EDUCATION University of New Orleans, LA MA Urban and Regional Planning (2004) State University of New York at Buffalo, NY BA Anthropology (1999) i Clearwater Planning gi Development Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-5624865 CASE #: F1_7)-?011 - 03013 RECEIVED BY (staff initials): DATE RECEIVED: O SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets ? SUBMIT FIRE PRELIMARY SITE PLAN: $200.00 O SUBMIT APPLICATION FEE $ * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 05.04.2010) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER PROPERTY OWNER(S): List ALL owners on the deed AGENT 1_ NUMBER: NUMBER: B. PROPOSED DEVI PROJECT NAME: STREET ADDRESS PARCEL NUMBER(S): PARCEL SIZE (acres): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST: 0i'A WENT -INFORMATION: (Code Z' t- '0 i ,1!? C1JdL og- S\a? ?'? of Sid ?el, FC I C S'c+C? Tl: CorlT 4F A 6t 1' Specifically identify the request (include number of units or square footage of non-residential use and all requested code deviations; e.g- 7, (0 "t 'Y - t two'' a `Qt yEre r+r-?^.?.-. FAX NUMBER: _ c? t€«, EMAIL' '$04 I ttrik,P ? (h c , w FAX NUMBER: EMAIL 202.A) PROJECT VALUATION: $ !a? ?j`L.X7. p PARCEL SIZE (square feet): S t h4?€?2s? G+= C T4; t? loaF'C '?D ?'? l? 1> r t C. S:1Planning Department\Application Forms\Development Review\2010 For ope updated with new Department name\Comprehensive Infill Project (FLD) 5 d Page 1 of 8 reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TD P), A PREVIOUSLY APPROVED PLANNED UN 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) Q SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. WRITTEN SUBMITTAL REQUIREMENTS: (Cade Section 3-913.A) ? 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. P s? f--Q4 (? A ?t,, SJT ? ??"' * LAIA 1.1 1 ? p l t3 1 nJ T f.S A Q `?t ? ?czcl5't"`C? L.AAtD lt-"tPf4ayEh'1tt"1!?`ra i.k??f?E?????I{. ??l&l )) 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. ` '`!a (w t a V>u 1-rw kd (7- " 1 c ACJ >weaC? r: ? t a 1'? r t' fir' hew CG ?a ??? inn .. t La tr,1 ?? s ?? p J L, 3? k 4 Ca t,. ,i' f t o F,t.. f Gtr t4, t ?t C t-- t. -r- Lf 2Is k 1, 1 3 / CsCr^ *?'t' e? 4f r c. .. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. W - . ti t ' 4,: h•`. Cr "' \?. C^ 'tr? t `.,? G ?, I la '? O ? ?' ? ` ? ` ?. ,- A? n,L `( '?' `?{? ?. Lt s- t .?. ij? t.?y,f ? i ek,:'t LA G' l"•* lG,`R? ? Ls^' t t..?i, ;,,g. 1 6tiC. '"i" ? ? ?i ?1''ic. ?., tea ? ?r- C) t`?,,. ?•? »,,?(^, %% . 4. The proposed development is designed. to minimize traffic congestion. us9- 1!s 5at" jLA(L. ' lei„F r?t? f? s_` LUcW mt0,A! c t C' y lyi 4 a'- (at tip 71 r S (Lf k r' (.a 1 - / _? (a./a t Pr- f coos Cj* ta(o" Ic?tLL PS=a? ? 'F- on QP'C-TLjJ, 5.. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development s fa + *f L? G? ?' ! (?•l.f L,a S 9, UU_© Cat L( E-K-c -,T-1 ? 2 4c O _ _ _ _ E,?ct sx t ni c* A.fit LAn"f 1 ?• NS ,o'T r P? t f. L4 KUr f, 6- The design of the proposed development minimizes adverse effects, including visual, acoustic and offactory and hours of operation impacts, on adjacent properties. a_+?s_T t i r J fte -yn -17 S:\Planning Department\Application Forms\Development Review\2010 Forms updated with new Department name\Comprehensive Infill Project (FLD) 5.2010.docx Page 2 of 8 WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Inffil Redevelopment Project Criteria) ? Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA - Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this -zoning district. 2 c..c?G i s ,e?. ? 11.4 .6. ??.z ? f-A ?'a? ltattKa t Sl's? t -r _ G" ew 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district ??^?. P??rt?`?rt??.r ??"?wt,??a .yl?cS, `??..?.??...'?taR..??E?c?c??c?-?C.?lk.??TS P o l'o :?.D 6 ??>~ ? e7 'a 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. Q-?i-D Lk w-t tee.\?e ` ?t-OC ??- "?' ? ( t 1 q'•?,'p? ?L71 '' -- N . { '71?" -T? ( a 0 as 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. ?. tl.S t le. -t es %J ?r•S C? nr?? a f ' I 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs: The development proposal accomtnedates the expansion or redevelopment of an existing economic contributor, d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or t The proposed use provides for the development of a new and/or preservation of a working waterfront use. ?i,? i.1 ? L`? r,' Z? tit ?l(i 3 t t? ? Ib. ?. ?- G? ? ? t-''\ t G C.d t.? TD?•l? t,J-"C'?? `?'f G ?°°?r I6?'"?" 1 w1.Ga ?.AaL, ofi'?, 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in-this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringeourses, pilasters, porticos, balconies, railings, awnings, etc_; ? Variety in materials, colors and textures; D Distinctive fenestration patterns: ? Building stepbacks; and ? Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 5 t '>t K1 S l 14 P_ ST 614 `L t1l a Ell A![Sx? S_Wlanning DepartrnerA\Application Forms'Development Kevreunzu"u roans upoaieu wIuI nc- -P-1.,--1 1• ••-••• 5.2010.docx i Page 3 of 5 E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) ? A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ? If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ? At a minimum, the STORMWATER PLAN shall include the following; ? 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 detention/retention area including top of bank, toe of slope and outlet control structure; ? A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? Signature and seal 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 ? ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor • K elevations shall be provided. CAUTION- IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) Id, 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; ? TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; ? LOCATION MAP OF THE PROPERTY; ? PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. 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 with accepted traffic 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; S:\Planning Department\Application Forms\Development Review\2010 Forms updated with new Department name\Comprehensive Infill Project (FLD) 5.2010.docx Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) ' SITE PLAN with the following information (not to exceed 24" x 36"): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING 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 of environmentally 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 all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas _ and water lines; All parking spaces, 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)(i) and Index #701); Location of all landscape material; Location of all onside and offsite storm water management facilities; Location of all outdoor fighting fixtures; Location of all existing and proposed sidewalks; and Floor plan typicals of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a _ Level Two approval. SITE DATA TABLE for existing, required, and proposed development, in writtenAabular form: EXISTING REQUIRED PROPOSED Land area in square feet and acres; TING dwelling units; Number of EX15 POSED dwelling units; Number of PRO l Gross floor area devoted to each use; - a` - Parking spaces: total number, presented in tabular form with the 4 4 -? _ number of required spaces; J Total paved area, including all paved parking spaces & driveways, - 76 _ expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility s, e _ easement; ,,, " fly c, ?? Building and structure heights; Impermeable surface ratio (I.S.R.); and ) for all nonresidential uses. R A atio (F - . . . Floor area r O REDUCED COLOR SITE PLAN to scale (a'h X 11); 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; 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; i - S:\Planning Department\Application Forms\Development Review\2010 Forr .docupdated with new Department name\Comprehensive Infill Project (FLD) Page 5 of 8 Y?_ LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) A'r r i2v?)C- ? LANDSCAPE PLAN with the following information (not to exceed 24" x 36"): CGPt'? tl?3 G--) All existing and proposed structures; C () t L PcYZ ri2Ctil`1 \C-(gy Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required _ tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant _ schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all _ existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and _ protective measures; Interior landscaping areas hatched andlor shaded and labeled and interior landscape coverage, expressing in both square feet and _ percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ? REDUCED COLOR LANDSCAPE PLAN to scale (8'/z X 11); ? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) ? BUILDING ELEVATION DRAWINGS -with the following information: All sides of all building-, Dimensioned Colors (provide one full sized set of colored elevations) Materials ? REDUCED BUILDING ELEVATIONS - same as above to scale on 8'/s X 11 J. SIGNAGE: (Division 19. 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'/z X 11) (color), if submitting Comprehensive Sign Program application. S:\Planning Department Application Forms\Development Review\2010 Forms updated with new Department name\Comprehensive lnfill Project (FLD) 5.2010.docx Page 6 of 8 TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) 0 Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. 0 Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR, If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. ? Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): Fire Flow CalculationsMater Study is included. S Fire Flow Calculation./Water Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. - - If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. r ? Y l Signature of property owner or representative ? N STATE OF FLORIDA, COUNTY OF PINELLQS y of d da thi f O o 30 N - y s ore me Sworn to and subscribed be I A.D. 20±1 to me and/or by A r c4-, M 4 z , - cj r-,I--R4 L who is personally known has SAM ! ?P n pr duced F-r-- I D se 'r, a on. _ U - - - ------- Notary ub ic, M ii My comrltssion expires: S:\Planning Department\Application Forms\Development Review\2010 Forms dated with new Department name\Comprehensive Infill x Page 7 of 8 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: r4 G A PC 11 -- - -- ----- --------- 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 3. That this property constitutes the property for which a request for a: (describe request) 4. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6- That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; T That (1/we), the undersigned authority, hereby certify that the foregoing is' Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this a day of ?-.. l I personally appeared `AIkL_?- C------ who having been first duly sworn Deposes and says that he/she fully understands the contents of the ` r I a s EMSUD 113RAM ---------------- MY COMMISSION * DD'MPM -otary Public Signature EXPIRES August 01, 2012 My Commission Expires: O?? o/,/-2 Notary Seal/Stamp 407 398-n?5^. ':..'i6aNotrsrysarviee.oom S:\Planning Department\Application Forms\Development Review\2010 Forms updated with new Department name\Comprehensive Infill Project (FLD) 5-2010.docx Page 8 of 8 y AGREEMENT TO CREATE EASEMENT AN OTHER MATTERS This Agreement made and entered into as of the date shown below, by and between the undersigned "GRANTOR" and the undersigned "GRANTEE." WITNESSETH: WHEREAS, GRANTOR is the legal title owner of certain lands described in Exhibit "A" hereto and referred to hereinafter as "PROPERTY A", AND WHEREAS, GRANTEE is the legal title owner of certain lands which are described in Exhibit "B"'hereto and referred to hereinafter as "PROPERTY B11; and WHEREAS, the parties hereto desire to formalize and finalize certain understandings and agreements heretofore consummated; and WHEREAS, GRANTEE desires to obtain from GRANTOR the right for itself, its successors, assigns and invitees to pass and repass, both on foot and by vehicles, across PROPERTY ",A". NOW, THEREFORE, in consideration of the covenants, conditions and agreement hereinafter set forth, the parties hereto hereby covenant and agree as follows: 1. GRANTOR hereby grants and conveys unto GRANTEE, its suc- BURTON PROFESSIONAL ASSOCIATION MOENM AT :.Aw cessors, assigns, grantees, mortgagees, lessees and sub-lessees, its tenants, sub-tenants, licensees, invitees, customers and licen- sees and invitees and customers of any tenant or sub-tenant of GRANTEE and all others having a right to enter upon PROPERTY B forever except as hereinafter provided, a perpetual, irrevocable (except as hereinafter provided), and nongxclusive easement of right-of-way for pedestrians and vehicles to enter upon, over and across PROPERTY A. 2. Each party further agrees that it will not permit the use of its respective parking areas for automobile parking or for any other purpose except to owners, lessees, employers, licensee, occu- pants, invitees, tenants, sub-tenants or the licensee or invitees of tenants and sub-tenants or to customers of the parties hereto. 3. Neither party hereto shall erect any fence, wall, other obstruction or barrier between PROPERTY A and PROPERTY B along or adjacent to the common property lines of PROPERTY A and PROPERTY B which would prevent the free flow of traffic by pedestrians and vehicles to and fro over the said property lines over such parking lot and driveway paving as may be from time to time constructed, placed or maintained along said common property lines or in the vicinity thereof, except that access to PROPERTY B across PROPERTY A may be temporarily closed to the public for the sole purpose of the prevention of the acquisition of public rights therein, pro- vided that such closing shall take place at a time when the GRANTOR is closed for business. s 4. Each of the parties hereto hereby covenants and agrees to maintain in good order and repair all of their respective parking areas, sidewalks, walkways, driveways, and other non-building areas, in the manner hereinafter provided. 5. Each party hereto hereby agrees to indemnify, defend and save the other party hereto harmless from all damages, liability, claims, demands, fines, penalties, suits, proceedings, actions and causes of actions made or brought against the other party hereto by or as a result of the negligence, act, omission or wrongdoing of itself, its agents, servants, employees, tenants, licensee, invitees r or customers in connection with the enjoyment of the rights granted StaMN hereby. PAOFMIONAL ASSOCIATION ATIO'IM AT LAW r. 6. Notwithstanding anything to the contrary contained herein, the provisions of this agreement which relate to parking, access and signs shall terminate on the date on which PROPERTY B is no longer primarily used for business purposes. 7. GRANTOR grants GRANTEE the right to construct and maintain, at the sole expense of GRANTEE, their successors, grantees and assigns, concrete paved parking spaces along that portion of PROPERTY A which is east of the existing paved concrete driveway located on PROPERTY A, as shown on Exhibit "C", attached hereto and incorporated herein. Said concrete paved parking spaces shall in no way interfere with the existing 'sign located on the North-East corner of PROPERTY A. 8. GRANTEE, for themselves and their successors,-grantees and assigns, agrees to pay GRANTOR, its successors, grantees and assigns, Twenty Seven (27%) percent of all taxes, repairs and main- tenance relative to the existing paved concrete driveway located on PROPERTY A. GRANTOR reserves the right, inlits sole and abso- lute discretion, to determine the maintenance and repairs necessary to said paved concrete driveway. 9. Any permanent structure or structures at any time erected BURTON PROMMONAL ASSOCIATION TiORMM AT LAW C UMXWATM !L on PROPERTY B shall be of a colonial type only which is generally in design conformance with the existing building contiguous to PROPERTY B to the South. Any such permanent structures shall be located in such a way that will not obstruct the lateral frontal view of the existing building referenced above. In order to comply with this paragraph, all site plans and elevation drawings for any such construction shall be approved in adMance and in writing by GRANTOR. BURTON PROFESSIONAL ASSOCIATION ATTOMM YS AT 1AW 10. (a) Each and every agreement, promises, or covenants set forth in this Agreement for the performance and observance by the parties hereto shall, without exception, be deemed covenants that run with the land and shall be binding upon and inure to the bene- fit of each of the parties hereto, and their respective successors, assigns, grantees, licensees, tenants, sub-tenants and licensees of any of the sub-tenants of the parties hereto; (b) In the event any provision hereof shall be held invalid by a Court of competent jurisdiction, such invalidity shall not affect or invalidate the remaining provisions hereof; (c) The failure of either party hereto to take action with respect to a default or by the other party hereto shall not be deemed a wavier thereof. No waiver of any default shall affect any other default or cover any period of time other than the default in question or the period of time specified in any waiver; (d) This Agreement represents the sole and entire Agreement of the parties hereto with respect to the subject matter hereof. s Any and all previous agreements relating to the subject matter hereof. Any and all previous agreements relating to the subject matter hereof are hereby merged into this Agreement and superseded hereby. This Agreement may not be altered or modified except by a written instrument executed by all of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their respec- 1986. tive hand and seals on this V day of WITNESSES: GRA NITED STATE TRUST I e BURTON PROMMONAL ASSOCIATION XTORNM AT LAW CLTANWAM n STATE OF FLORIDA COUNTY OF PINELLAS On this W - day of before me personally appeared t, known and known to me to be the cuted the foregoing instrument, that they executed the same, as described above. My Commission Expires: r- Notary Public, State of Florida My Corrmission Expires Feb. 16, 1989 Bonded Ihru Ircy fain •In:uranca, Inc. TE 'GEORGE T ARAS CONSTANTINA MAGACOS 1986, he parties shown above, to me persons described in and who exe- and they duly acknowledged to me their act and deed of the persons NOTARY PUBLIC BURTON FROFUSIONAL ASSOCIATION AITOBNZU AT LAW CL=AKWATZR. ?L PROPERTY A That certain property located in Pinellas County, Florida described as follows: Begin from the NW corner of the SWJ of the SWI of the said Section 19-29-16, the point of intersection of the R/W centerlines of Belcher and Nursery Roads, and run thence along the said R/W centerline of Belcher Road, S00001141" E, 40.00'; thence along the Southerly R/W line of the said Nursery Road, S 89°09'04" E,'311.00' for a P.O.B.; thence N 89°09'04" W, 31.00'; thence N 00001141" W, 100.00' to the P.O.B. O EXHIBIT A I f PROPERTY B That certain property located in Pinellas County, Florida described as follows: Begin from the NW corner of the SWI of the SWI of the said Section 19-29-16, the point of intersection of the R/W centerlines of Belcher and Nursery Roads, and run thence along the said R/W centerline of Belcher Road, S 00°01141" E, 40.001; thence, AlQng the Southerly R/W line of said Nursery Road, S 89°09104" E. 342.00' for a P.O.B.; thence continue along the said line S 89109194" E, 141.001; thence S 00°01141" E, 100.001; thence N 89009194" W. 141.001; thence N 00°01'41" W. 100.00' to the P.O.B. D EXHIBIT B BURTON FWOFMMONAL A99OCUMN "COMM AT LAW r ..,.: ?;?a .Jiy?,, 4.? s+' 9,n .rile- ..h ? T r t r s 15 ?` f K raj _ ? 5k.,. _ ?.?. ,f;. r,;+ ? w..... ?. , w....w..?_, ? ?_w ,. _. .... _ ?.. ? _...?. i x 'i'" A?? .? _ 4 N .? VI t ti' _ f?? ? Y., t? - ? >..;, ,;? ? A"'.-? ?y i Main File No. 296301, Page #4 Building Sketch 3orroweyClient Denis Bouraoing ! ert?+Address 2241 Nursery Road ,Ity Clearwater_ __ _ _ _C_ounty Pinellas State Ft- Zip Code 33764-7611 .ender Tagaras, loannis V & Eva I?! f i y . ! t v a M1 ? J fe ?i i Pry ? i .? ? l ? i r? r I? t V r? .'h 1 j i Y Y Form SKT LT.BldSkl - "WinTOTAL" appraisal software by a la mode, Inc. -1-800•ALAMODE Plat Book Page (Main_File No. 29630 Page #51 over Gllent.---Denis Bourg( -joing rty Address 2241 Nursery Road - --?- Clearwater County Pinellas State FL Zip Code 33764-_7.6_1.1 r Taaaras, Ioannis V & Eva 00 I2a aq ?L ri G ur) U0 w (0 L 2 t7 l OS 0 0 U') o r*? b I 001 9'i?i b'ZII 0 Ln t ?r ? ? ? C11 O rT7 M fr7 ry) Q o r' 7 rrl r? r~7 0011 9' 1 C I t7 I I ---------- SOS 6?'SOS 08 6'Ct7C 0C)2 SL F(;)] 0 0 Fn 0 a 0 L _I 002 e IL ja ' laa AS 1.1 i7 i1i11r"lJ N,I'd r Form SKT LT.BIdSkI -''WInTOTAL" appraisal software by a la mode, Inc. -1.800-ALAMODE Location Map Borrower/Client , _Den-is,Bourgoing Property Address 2241 Nurse Road ---- city Clearwater County Pinellas State FIL Zip Code 33764-7611 Lender Ta aras loannis V & Eva a la mode inn Dorado rr, I I:Irn 81ra Clearw rf+a rnvh+ r, m++vtr..fr' Yrt Fm^n+14 ?7?J. Lak?wew Rd4Eb kl:ihl7rsh:tnY br ?i > V'cvR Or ChYi!sr;rnrs Or 4'oaonet I n !SaF. 'trY'rP ? hMnlinga?dn nr _ j ?r(1 1 Gurti6 rarN n Diplomat O r lu a y ' Cnvrr( Ct 4. C;uniq Or ' :.} S •. q . E' ? F Y • b M c rah $ Vf Alem,n l Or Y u Glo, Allnrho CI nBr;Rlonn Or N )S f11 X r Ca'11:IIInR r"?' ,' r ? 2` C 1 r') ?A (moral Way ? Y o f? Sol O a Nvmv y Rd IJ 414 'JUn-,ory r7A G t• 474 Ntp54ry C a G. ?N h v i G Wknd- L1r Q kq 1 -19 T Coll ?qv , n? 0 ? ? .a' Htrvan,r Cl• ?? ' ? r}.N pnesq? `5 3' L Sa?tn [;nn A" !r l s R r, e Oa r d 464 RCllonir Fir1, f' a: -' 4? 71 v uS F?;rhaa C' `r a. ? Rohp,?3 kr? . y Rd ; toyrnnuih 17r = l.?u•rnrw 7r Pr'-hro ok r?r w 2 nt,l:,> ?,, a m ?3D S•ds 4 Form MAP LT.LOC - "WInTOTAL' appraisal software by a la mode, inc. -1.800-,ALAMODE ?: -. °? ?? -{ (Main Flle No. 29630 -Page #7 AC# 4104 , 69 Q STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FL RIDA' REAL, ESTATE APPRAISAL BD SEW L08102102538 t-I N f ,CHARLIE'C.RIST CHARLES W. DRAGO GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY STATE OF FLORIDA AC# 4 1, 0 4 6 9 0 DEPARTMENT OF BUSINESS AlfD PROFESSIONAL REGULATION RD703 10/21/08 088040943 CERTIFIED RESIDENTIAL APPRAISER COUSINEAU, PHILIPPE A 19 CERTIFIED under the provisions of Ch.475 ro api:atioe data, NOV 30, 2010 L08102102538 The CgRTIF'I$D' AESIDRIZTZAL APPR*I$ER Named "below IS, CBRTIPZFb under' the pi6v s ons of- Chapter, 475° FS. Expiration dates NOV 30, 2010• COUSINEAU . PHILIPPE A 1201,5 HIGHLAND AVE #6 CLEARWATER `, - FL 34,616 .. Form SCI - "WInTOTAL" appraisal software by a la mode, inc. -1.800-ALAMODE