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TDR2005-05022
W, ft�a�od oLvt4 Top tto.r. oso sz. CITY OF CLEARWATER APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, 2n1 FLOOR PHONE (727)- 562 -4567 FAX (727) 562 -4576 APPLICANT'S NAME Salt Block 57, L.L.C. 1001 E. Atlantic Avenue, Suite 202 MAILING ADDRESS Delray Beach, FL 33483 PHONE NUMBER 561-279-9900 FAX NUMBER : 561 - 276 -1563 ' Contact: Ken Gross AGENTNAME E. D. Armstrong III, Esq. - Johnson, Pope, Bokor, MAILING AOnRFSS P. 0. Box 1368, Clearwater FL 33757 -1368 PHONE NUMBER 727- 461 -1818 FAXNUMBER : 727- 462 -0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER : Same as Applicant MAILING ADDRESS PHONE NUMBER LEGAL DESCRIPTION :See Exhibit "A" attached. (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) STREET ADDRESS 430 S. Gulfview PARCEL NUMBER 07/29/15/52380/000 /0330 ZONING DISTRICT T SIZE OF SITE :2.45 acres FAX NUMBER : CURRENT PROPERTY USE OF THE 230 overnight accommodation units requested • I# OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) Page 1 of 2 ORIGINAL, SEP 16 2008 PLANNING DEPARTMENT CITY O= tsZWA IZ P. HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 217 overnight accommodation units HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 13 overnight accommodation units HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES _ NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? 13 overnight accommodation units IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: ISO SITE FROM WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER The .transfer of development rights previously occurred pursuant to TDR.2005- 05022. (Copies.of deeds are attached.) MAILING ADDRESS PHONE NUMBER LEGAL DESCRIPTION STREET ADDRESS PARCEL NUMBER ZONING DISTRICT SIZE OF SITE CURRENT USE OF THE PROPERTY HOW MANY DEVELOPN FAX NUMBER : (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) • (0 OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) RIGHTS ARE ALLOCATED TO THIS SITE? HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: _ COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; _ STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. _ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. Page 2 of 2 RECEWED SEP 15 2008 PLANNING DEAARTMFN- CITY OF 0LEAMA �R _ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. _ COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. Signature of property owner or representative E. D. Armstrong III STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this 30th, day of T„ 1.n , A.D., 3k2oa& to me and /or by Armstrong 11, who is personally known:kkgMA �aiit�iA>x ry pul0fic, my commission expires: S: application forms /development review/transfer of development rights application.doc • :: OmmissiOn # DD449633 ' Expires September 2, 2009 nT0yF*n- IneuMr".jn4 800.3857019 Page 3 of 2 C 'Pit Cv` t N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed -PRINT full names: SALT BS= 57, L.L.C., a Utah. limited. liabLUty company 2. That n smAve are) the owner(s) and record tide holder(s) of the following described property (address or general location): 430 South Gulfview Parcel IDU 07/29/15/52380/000 /0330 .. 3. That this property constitutes the property for which a request for a: (describe request) . Flexible tievelopfmt approval for a =Vrehensive- infill. redevelopment project - -and -transfers of deve%pai nt �iyts t3� E property as a" rei:eiver site. __ . 4. That the un erslgned (halal) aypoinledRg a� s/doLappoert as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; S. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described properly; S. 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; 7. That (Uwe), the undersigned authority, hereby certify that the foregoing is true and correct. SALT 57, L L.C.! - - . property Owner... -_ —. P arty Ow Property Owner - — STATE OF FLORIDA, COUNTY OF WNELL4S Pat AA_ Itch Before me the undersigned, an officer duly commissioned by the laws "of�the State of Florida, on this *� _ day of j ly, — 8 i personally appeared G _e W a l s _ who having been first duty sworn Deposes and says that he/she fully understands the contents of the affidevil that he/she signed. *as Nkatf_5t(- of Salt_Bloak 57, L.L.C.. DEBORAH HOWARD Notary Public - State of Florida Commission Expires Jul 31, 2009 Bonded By National Notary Assn. dkwl� * / Notary P bfic Signature My Commission Expires: -- -• —_ -• _ . vEo' C:1Documents and SatGngslderek. ferguson% Desktopl planningfomis_07071Comprehensive Infill Project (FLD) 04 -24f y � �QO� Page 8 of 8 1 P' N(NG ®&*r�TMENT CITY o V eA Recap of TDRs to Receiver Site of 430 S. Gulfview #422857 vl - TW/rDR Table Number of Residential Seller Address of Sender Site Dwelling Units Recording Information Transferred BayEsplanade.com, LLC 625 -627 Bay Esplanade 1 unit O.R.14634/Pg. 305 Paul Kelley and Tracey Kelley 667 Bay Esplanade 3 units O.R. 14606/Pg. 945 Teresa A. Kramer and Maxwell M. 557 Cyprus and 579 Cyprus 4 units O.R. 14826/Pg. 1985 Radford #422857 vl - TW/rDR Table EXHIBIT "A" RECEIVER SITE - 430 SOUTH GULFVIEW A TRACT OF LAND CONSISTING OF LOTS 33, 34 AND 35 AND PART OF LOT 36 OF LLOYD-WHITE- SKINNER SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: FROM THE NORTHERN MOST CORNER OF SAID LOT 33, RUN SOUTH 77° 41'16" WEST, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 33 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 400.0 FEET TO A POINT ON THE BULKHEAD LINE DESCRIBED ABOVE; RUN THENCE SOUTHEASTERLY ALONG SAID BULKHEAD LINE ALONG A CURVE TO THE LEFT (RADIUS - 1247.0 FEET) AN ARC DISTANCE OF 296.79 FEET, (CHORD BEARING - SOUTH19" 07' 51" EAST); RUN THENCE NORTH 680 55'2r EAST DISTANCE OF 402.14 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 36; RUN THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARIES OF SAID LOTS 36, 35, 34 AND 33, WHICH LINE IS A CURVE TO THE RIGHT (RADIUS - 847.0 FEET) AN ARC DISTANCE OF 235.76 FEET (CHORD - 235.0 FEET, CHORD BEARING - NORTH 20° IT 10" WEST) TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY AS: A TRACT OF LAND CONSISTING OF LOTS 33,34 AND 35 AND PART OF LOT 36 OF LLOYD- WHITE- SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID LOT 33 AND THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; SAID POINT BEING THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 847.00 FEET AND AN ARC DISTANCE OF 235.76 FEET; THENCE RUN ALONG SAID CURVE TO THE LEFT AND ALONG THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD A CHORD BEARING OF SOUTH 200 IT 10" EAST AND A CHORD DISTANCE OF 235.00 FEET TO AN IRON PIN; THENCE RUN SOUTH 68" 55'27a WEST FOR A DISTANCE OF 402.14 FEET TO AN IRON PIN, SAID POINT BEING THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1247.00 FEET AND AN ARC DISTANCE OF 296.79 FEET; THENCE RUN ALONG SAID CURVE TO THE RIGHT A CHORD BEARING OF NORTH 190 07' 51" WEST AND A CHORD DISTANCE OF 296.09 FEET TO AN IRON PIN; THENCE RUN NORTH 770 41'16" EAST FOR A DISTANCE OF 400.00 FEET TO A POINT AND BACK TO THE TRUE POINT OF BEGINNING. ®l�C�� +�`�. I #: 2005388583 BK: 14634 PG: 305, 09/27/2005 at 06:25 AM, RECORDING 7 PAGES $61.00 D DOC STAMP COLLECTION $560.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDUI3 i This instrument prepared and when recorded returrr, tc' 11 j Marc I. Spencer, Esq. 877 Executive Center. Drive W.. Suite 205 SL Petersburg, FLf WARRANTY DEED � �iIS WARRANTY DEED, executed this 13 day of September, 2005, by BAII Y,.S-PLANADE.COM, LLC, a Florida limited liability company, whose address ,is- ; Bay Esplanade, Clearwater Beach, FL 33767, Grantor, to TWBEACH M �I6ENCES— CLEARWATER, LL.C., a Florida limited liability company, 'se address is 877 Executive Center Drive West, Suite 205, St. Petersburg, ^- Fig 33702, Grantee. X L` WITNESSETH, that Grantor for and in consideration of the sum of Ten ' and No /100 Dollars ($10.00) and other valuable consideration to said Grantor in hand paid by Grantee, the receipt and whereof is hereby acknowledged, has granted, bargained, and sold to the Grantee, and Grantee's heirs and assigns forever, one (1) density unit development right from that certain property lying situate in Pinellas County, and farther described as: Lot 7, Block 78, Mandalay Unit #5, according to the plat thereof as recorded in Plat Book 20, Page 27 of the Public Records of Pinellas County, Florida, and further described as follows: From the Southeast comer of Block 78 of a Replat of Mandalay Unit #5, as recorded in Plat Book 20, Page 48, public records of Pinellas County, Florida, run North 7 degrees 19'30" West, 352.99 feet along the East boundary of said block; thence along a curve to the left of said boundary, chord bearing North 26 degrees 04'45" West, a chord equals 70.73 feet and radius equals 110 feet for Point of Beginning; tun thence South 43 degrees 21'34' West, 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve to the left and along said line, chord bearing North 65 degrees 01'27 West, chord equals 41.26 feet and radius equals 64 feet; thence North 4 degrees 13'05" East, 110.67 feet to the Northerly boundary of Block 78; thence East, 41.29 feet along chord equals 84.48 feet Cv,�PL and radius equals 110 feet, to the Point of Beginning; together with) all reparian rights and submerged land pertaining to the abovew property and particularly including any and all submerged land�j'�� ®� lying between the East and West boundary line of said lot assn PINELLAS COUNTY FL OFF: REC. BK 14634 PG 306 extended to County, Floi for transfer to Grant in Clearwater Bay, public records of Pinellas °Transferor Property"). property described as: See Exhibit 00�, attached hereto (the "Transferee Property"). TO �4VE.?AND TO HOLD the same together with all and singular tenements ,herpoitaments and appurtenances thereunto belonging or in anywise appertaipfg�M all the privilege, right, title, interest, estate, lien; equity and claim whatsoever of Grantor, either in law or equity, to the only proper use, bene���. -tI hoof of Grantee forever, AND said Grantor does hereby fully warrant the said density unit pment rights, and will defend the same against the lawful claims of all is whomsoever. �. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and rv- seal the day and year first written above intending . hereby to restrict, in ;';perpetuity, the use of the property first described above. V, -3 ' Signed, sealed and delivered In the presence of WITra4zeS4 : Name: n. v, Na �ate STATE O A ) COUNTY OF S ) GRANTOR: BAYESPLANADE.COM, LLC, a Florida limited liability comp William Blackwood, fit', Manager The foregoing instrument was acknowledged before me this 11� day of t e eYL 2005, by William Blackwood, II, Manager on behalf of Bayesplanade.com, LLC, a Florida limited liability company. He /she is personally known to me or has producedR— bL as identification. Of Public, State of Florida at Large : TWO Printed Name. N� Commission No.��i a !K My Commission Expires: 0 PINELLAS COUNTY FL OFF: REC. BK 14634 PG 307 ter E_ �j Legal Description A tract of land coristing of Lots 33, 34 and 35 and part of Lot 36 of LLOYD- WHITE- SKINNER SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 13, pages 12 and 13 -d%t- iO ublic Records of Pinellas County, Flori da and lands and submerged lands lying be{v, *d southerly, southwesterly or westerly of the mean high water mark and the Bulkhea&-.Line,Boscribed in and set forth in Trustees of the internal Improvement Fund of the State of Fj s i mer aclai No. 22310, as recorded in Official Records Book 765, Page 542 of., the Publie RWA#& of Pinellas County, Florida, said tract being described as follows: f;Froz -he Northam most comer of said Lot 33, run South 770 41' 16" West, along the No boundary of said Lot 33 and the Southwesteely extension thereof a distance of 40Q;O�feet to a point on the Bulkhead.Line described above; run thence Southeasterly along said Bnikiiesd Line along a curve to the left (radius — 1247.0 feet) an arc distance of 296.79 eat qri — 269.09 feet, chord bearing — South 190 07' 51" East); rum thence North 68° 55' 27" East a�co of 402.14 feet to a point on the Northeasterly boundary of said Lot 36; run thence ;t. NQithwesterty along the Northeasterly boundaries of said Lots 36, 35, 34 and 33, which line is a r —� 1;i rve to the right (radius — 847.0 feet) an are distance of 235.76 feet (chord 7- 235.0 feet, chord �: "bearing —North 20° 17' 10" West) to the Point of Beginning. DU. 5919694 ! A -1 U PINELLAS COUNTY FL OFF. REC. SK 14634 PG 308. t� CONSENT OF MORTGAGEE Regarding Unit Development Rights by Owner Ronrick H. Kern ag&Susan Kem, as to 12.5 %, Ruth Geror, as to 50 %, and Herb Kern and Nona Kern, as'ta•.37A5 %, (collectively the °Mortgagee'), the holder of the Mortgage executed by [Mytspianade.com, LLC (°Owner°) in favor of Mortgagee, dated January 29, 2004 and in Official Records Book 13355, Page 402,. re- recorded in Official Records B66kk Page 2522, and as modified by Mortgage Modification Agreement & Nofice of future Advance dated December 27, 2004 recorded in Official Records Book 1404911 Aa eJ,938 all of the Public Records of Pinellas County, Florida, which Mortgage co , fir;lien and encumbrance upon all or a portion of the real property described wdhr- th# foregoing Warranty Deed Transfer of Density Unit Development Rights (the "Deems .as the Transferor Property, hereby consents to Owner transferring one (1) Density Uh,abe'veiopment Right from the Transferor Property to the Transferee Property described �lowithstanding the execution of this consent, nothing herein shall be construed to render ortgagee responsible or liable for the performance of any of the covenants or �Uhdertakings of Owner under this Deed. Dated this � day mac- . 2005 Witness: Print name: Nan . Chlofalo Print name: Cristina Lopez Witness: A---- . zlaw Print name: Nan . Chlofala Print name: Csriist =na Z=... T'D'CQ� Ronrick H.. Kern Susan Kern �' COI 0 PINELLAS COUNTY FL OFF: REC. BK 14634 PG 309 44.. 1 Witness: CtjWna Lopes Print name: Crnistina Lopes Witness: 4 Print name: RangY . ChfOisa Gynso= Lopes Print name: TA LAIV Ruth Geror Herb Kern PINELLAS COUNTY FL OFF: REC. BK 14634 PG 310 was acknowledged before me this V` day of H. Kern. He/she is pers one known to me or has ion. ! i-\,',,-The foregoing instrument was 2005, by Susan Kern. ::.- ,O*uoed as identification. ` NANCY M. CHIOFAIA �A3xv: Pubes State of WOO ti Notary • z _ _ . �hyCcrtrr�bn V rWIOn pp 375972 �`w'f,�„1 llor�dsdal►Nollon�lPlDlarY� STATE OF FLORIDA ) COUNTY OF J,/. &,45, . ary Publ' State of Florida a►ge Printed Na Commission No My Commission Expires acknowledged before me this �t day of He/she is personally known to me or has , il&,ld ..,Mary Pu State of F/ at Large Printed Name. Commission No. My Commission Expires The foregoing instrument was acknowledged before me this I+�day of 2005, by Ruth Geror. He /she is personally known to me or has produced as identification. ��, � „ NANCY M. CH10FAL0 f y Not Public . State of Florida Cwff" BOWM3' lotpf�sta�e of a at Large 1 BondedeyNomonalNotary7Amf, Printed Name. Commission No. My Commission Expires ClAx of PINELLAS COUNTY FL OFF: REC. 8K 14534 PG 311 x x STATE OF FLORIDA COUNTY OF ' ) Th foregoin �jntrument was acknowledged before me this day of 2005, bjt rb Kern. He/she is personally known to me or has produced as identification. w' iOFA►O ,.o�►"' �"4Ftcplolcnll •, ` .` r'S1ole of Fwdo ■ .� pp 375972 R p c, State of FloriVfit Large •`�,�rh t k�No°a1°� Printed Name: Commission No. My Commission Expires: STATIC OF FLORIDA ) CGIMW OF ) f •'� k / The foregoing instrument was acknowledged before me this %*— day of 005, by Nona Kern. He/she is personally known to me or has produced ti as identification. NANCY M. CHIOFALO v,...,. •'""` +�NotW Puble . Stow of Fbdda .• 1P,7dpuX' ,State of Flo ' Large cO'"'"m'b"'� oo s7s9�2 eNe : J. Bonded By W00rd MllW °L Commission No. My Commission Expires: �X��� KIVR I #:1 2005370932 BK: 14606 PG: 945, 09/15/2005 at 05 :09 PM, RECORDING 5 PAGES $44.00 D DOC STAMP COLLECTION $1680.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU08 This instrument prepared and when recorded return Marc I. Spencer, Esq. ! r 877 Executive Center ., Suite 205 St. Petersburg, FL 33702 W� - ThANSFER OF DENS TMW$ A RANTY DEED, executed this 2µo day of S0ye-MBEL 2005, by PAUL KELLEY +and �TRACEY KELLEY, whose address is 667 Bay Esplanade, Clearwater Beach, FL 33767,/&9,p%r's, to TWBEACH RESIDENCES — CLEARWATER, L.L.C., a Florida limited liabilityl. company, whose address is 877 Executive Center Drive West, Suite 205, St PetersUuisi 41.33702. Grantee. i 'WITNESSETH, that Grantors for and in consideration of the sum of $10.00 and other va`fr�able consideration to said Grantors in hand paid by Grantee, the receipt and whereof is re acknowledged, has granted, bargained, and sold to the Grantee, and Grantee's heirs and assigns forever, County, three (3) density r scribed development rights from that certain property lying situate Lot 7, Block 77, Unit No. 5, according to the map or plat thereof as recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida (the .I 'Transferor Property"). for transfer to Grantee's real property described as: See Exhibit "A' attached hereto (the 'Transferee Property'). TO HAVE AND TO HOLD the same together with all and singular tenements, hereditaments and appurtenances thereunto belonging or In anywise appertaining, and all the privilege, right, title, interest, estate, lien, equity and claim whatsoever of Grantors, either In law or equity, to the only proper use, benefit and behoof of Grantee forever AND said Grantors do hereby fully warrant the said density unit development rights, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first written above intending hereby to restrict, in perpetuity, the use of the property first described above. Signed, sealed and delivered in the presence of WT SSES: Name: onto+ �^ti Nam �e '' c� PINELLAS COUNTY FL OFF: REC. BK 14606 PG" 946 STATE OF FLORIDA COUNTY OF PINELLA , `. _. The foregoing kO 2005, by Paul Kelley. He, identification. & T` OF FLORIDA ) 6OI�NTY OF PINELLAS) t � t t was acknowledged before me this2 KO day of September, personally known to me or has produced FL U.L. as 9 40b- 69o-.4-41.A -1) Notary ublic, State of Florida at Large Printed Name: Commission No. My Commission 4. s' ) Lm caw MYMWAMO DM041 20M 'aCMW"MF,w W The foregoing instrument was acknowledged before me this2'" day of September, �~ X005, by Tracey Kelley. He /she is personally known to me or has produced F- t 1. as t� --identification. ` j(l4m- 812- (•l -lbz -o 1. -..� Nota Pubfic, State of Florida at Large Printed Name: Commission Nm My Commission EVires., I= Will TM - IMM7MWCOMM MO DD14041 E)0 R l O PFMM MMzMc c AD 'Pit *AZ PINELLAS COUNTY FL OFF: RSC. BK 14606 PG 947 A 4� EXHIBIT A Legal Description A tract of land consisting of Lots 33, 34 and 35 and part of Lot 36 of LLOYD- WHITE- SK Rq R SUBDM- M. ON, according to the map or plat thereof, as recorded in Plat Book 13, pages 12 and 13..Q 4 P ublic Records, of Pinellas County, Florida and lands and submerged lands lying bet;N end southerly, southwesterly or westerly of the mean high water mark and the Bulkhead U#9 described in and set forth in Trustees of the Internal Improvement Fund of the State of No. 22310, as recorded in Official Records Book 765, Page 542 0 . the publics Re�or�s of Pinellas County, Florida, said tract being described as follows: f'�� m:the Northern most comer of said Lot 33, run South 770 41' 16" West, along the t of said Lot 33 and the Southwesterly extension there4 a distance of North+e�sterly boundary 400A�et>to a point on the Bulkhead Line described above; run thence Southeasterly along said l� eac1 Line along a curve to the left (radius — 1247.0 feet) an arc distance of 296.79 feet och = 269.09 feet, chord bearing — South 19° 07' S1" Bast); run thence North 68° 55' 27" East g,&stance of 402.14 feet to a point on the Northeasterly boundary of said Lot 36; run thence 4.,'q-iofthwesterly along the Northeasterly boundaries of said Lots 36, 35, 34 and 33, which line is a eorve to the right (radius — 847.0 feet) an arc distance of 235.76 feet (chord.— 235.0 feet, chord �;. L bearing — North 20° 17' 10" West) to the Point of Beginning. 1 Q ; J e, a ��� DU- 5919994+1 A -1 PINELLAS COUNTY FL OFF: REC. BK 14606 PG 948 N r i. h� r• t �F /' — ,''dONSENT OF MORTGAGEE Regatd>��Trnsfer of Density Unit Development Rights by Owner Business Loan Centory..l•L' C, (the "Mortgageel, the holder of the Mortgage executed by Kelley Investment & Management Corp, a Florida corporation, aWa Kelley Investment and Management Corp. f 0wner"ol -4@vbr of Mortgagee, dated August 20, 2003 and recorded In Official Records Book 13033, Page 2810.,,of,-the Public Records of Pinellas County, Florida, which Mortgage constitutes a Den and encf lntaala* upon all or a portion of the real property described within the Warranty Deed Transfer gVDieQ y Unit Development Rights (the "Deed') as the Transferor Property, hereby consentsffi; 0 transferring the 3 Density Unit Development Rights from the Transferor Property to the Tjandaree Property described in said Deed. Notes 'MVndlhg the execution of this consent, nothing herein shall be consirueo to render the V&fte; responsible or liable for the performance of apy of the covenants or undertakings of the der this Deed. Did tllis�7�day of A& ooS 2005. z Print name: e I E L./} i ,T Print name: STATE OF COUNTY OF 2E�.f1Ui 11 ' J BUSINESS LOAN CENTER, LLC Print Name; -b,o rl , e.+cS Its:_ y•cE OnaS.ni<.,- u foregoing Instrument was acknowledged before me this 3i Sday of 2006, by_ ion TotJFS as \lt o Pr Mr- of Business Loan Center, LLC, a C'Cft QL +10 -5 He qWs personally known to rr1,e' r CK I� has produced iYMPff as identification. • �g ••••.•� Notary Public, State of Florida at s % •� Prinfed Name: dm w t- 4%kv TA „ 50 Commission No. "a+aNa,n MY Commission ExplresWif =�u00- lA1RfARr '�i 17, a ti �l y TO! PINELLAS COUNTY FL OFF: REC. BK 14606 PG 949 -CONSENT OF MORTGAGEE Regarding TiainsifeF of Density Unit Development Rights by Owner <a �1. Mortgage Electronic Reg tlon Systems as nominee for America's Servicing Company, (the "Mortgagee"), the holder of the Mortgage executed by Paul Kelley and Tracey Kelley, husband and wife, ("Owned in laivor,of Mortgagee, dated May 5, 2004 and recorded In Official Records Book 13562, Page 2321 of.is.•Public Records of Pinellas County, Florida, which Mortgage constitutes a lien and encumb*ge--upon all or a portion of the real property described within the Warranty Deed Transfer of DensitytUhit Development Rights (the "Deed ") as the Transferor Property, hereby consents to 16r, tninsferring the 3 Density Unit Development Rights from.the Transferor Property to the Transferee pert► described in said Deed. he execution of this consent,' nothing herein shall be construed to render the isible or liable for the performance of any of the covenants or undertakings of the Deed. day of August, 2005. i•i��ti� 4 %,-Witness: &L Pri t name: l: �7f r S 1 f y) Ad �G►s Print name: -A S(Y dkj STATE OF MARYLAND ) COUNTY OF _Frederick MORTGAGE ELECTRONIC REGISTRATION SYSTEMS AS NOMINEE FOR AMERICA'S SERVICING COMPANY By: Print Name: Teresa A. Naylor . Its: Vice President I The foregoing instrument was acknowledged before me this � day of August, 2005, by Teresa A. Naylor, as Vice President of Mortgage Electronic Registration Systems as nominee for America's Servicing Company. He/she i ersonally known or has produced as identification. ran n Notary Plu ic, State of Maryland Printed Name: Vera Sara Smith Commission No. My Commission Expires: VC • 7� X005 iw�� I #: 2005510738 BK: 14826 PG: 1985, 12/22/2005 at 12:53 PM, RECORDING 4 PAGES $35.50 D DOC STAMP COLLECTION $2240.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU08 i A l This Instrument prepared b,�` and when recorded return Marc I. Spencer, Esq. ti' }}� _�f 877 Executive Center Drivb W., Suite 205 St. Petersburg, FL 33702-'- . . TERESA 205, WARRANTY DEED T"NSFER OF DENSITY UNIT DEVELOPMENT RIGHTS ~"A i ,FW,E I ANTY DEED, executed this 3 day of 2005, by 'K R,IXMER and MAXWELL M. RADFORD, whose address is 55 Laurel Street, 'L 13767, Grantors, to TWBEACH RESIDENCES - CLEARWATER, L.I-C., a >d liability company, whose address is 877 Executive Center Drive West, Suite sburg, FL 33702, Grantee. '- Y TNESSETH, that Grantors for and in consideration of the sum of $10.00 and other ile consideration to said Grantors in hand paid by Grantee, the receipt and whereof is yacknowiedged, has granted, bargained, and sold to the Grantee, and Grantee's heirs and is forever, four (4) density unit development rights from that certain property lying situate in is County, and further described as: That part of the unplatted block 79, Unit No. 5, Mandalay replat, according to the map or plat thereof as recorded in Plat Book 20, Page 48, which was formerly known as Lot 4, Block 79, Mandalay "The Isle of a Thousand Palms' Clearwater Beach Unit No. 5, according to the map or plat thereof as recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida (the 'Transferor Property'). for transfer to Grantee's real property described as: See Exhibit 'A" attached hereto (the 'Transferee Property"). TO HAVE AND TO HOLD the same together with all and singular tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the privilege, right, title, Interest, estate, lien, equity and claim whatsoever of Grantors, either in law or equity, to the only proper use, benefit and behoof of Grantee forever AND said Grantors do hereby fully warrant the said density unit development rights, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first written above intending hereby to restrict, in perpetuity, the use of the property first described above. Signed, sealed and delivered in the presence of ZLZV- NaKe:- N A- Name: R r+. GRA RS: C Teresa A. Kramer Maxwell M. Rad ord� ®�►�+`'� PINELLAS COUNTY FL OFF: REC. BK 14826 PG 1986 Zf STATE OF FLORIDA COUNTY OF PINELLA$) ,,`—., The foregoing lnstPtf'!rint was acknowledged before me this f *day of November, 2005, by Teresa A. Kramer. He7sh6 i e or has produced F La+-iow . as identification. ;'ti; �-'� a..� ca LTCwz* NO [ARY PUB11GStUn OW =A Rita'*!tciao Commf§stgp• #.OD376706 fic, State of Florida.st Large Expi[�s��DE. 20, 2008 Hinted Name: .--A.A nruAtli lti $ lttl Co" lna Commission No. cry 11n% 01 0 �� My Commission Expires: SiI ,QF FLORIDA ) lT 160 Uf47`Y OF PINELLAS) i ft The forgoing instrument was acknowledged before me this 19 day of November, 2005, b . Maxwell M. Radford. H m has produced/ as entification. .UK. NOTARY PUBIIGS'UTE OF FLORIDA Rita Jane Tadno #DDS76706 No 1c, State of Florida at Large Commission F,xpI . DEC. 20, 2008 % CO., lag. Printed Name: Commission No. Bond °d T}w J1d°rid° °ndLM My Commission Expires: cry 11n% 01 0 �� PINELLAS COUNTY FL OFF., REC. BK 14826 PG 1.987 ti r ti E_ Legal Description � � y A tract of landbonsYsting of Lots 33, 34 and 35 and part of Lot 36 of LLOYD -WHITE- SKINI�ER SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 13, pages 12 and 13�o the'Public Records of Pinellas County, Florida and lands and submerged lands lying be#�uetrizafid southerly, southwesterly or westerly of the mean high water mark and the Bulkhead. LiAZ�cribed in and set forth in Trustees of the Internal Improvement Fund of the State of F12� sclaimer No. 223 10,. as recorded in Official Records Book 765, Page 542 of the Publio Recgr& of Pinellas County, Florida, said tract being described as follows: 4 �e Northern most comer of said Lot 33, run South 770 41' 16" West, along the Nortli�v "Iy boundary of said Lot 33 and the Southwesterly extension thereon a distance of 4M- Q.fect to a point on the Bulkhead Line described above; run thence Southeasterly along said Bu1k}iea� Line along a curve to the left (radius — 1247.0 feet) an arc distance of 296.79 feet -(' ord — 269.09 feet, chord bearing— South 19° 07' 51" East); run thence North 68° 55' 27" East gc siance of 402.14 feet to a point on the Northeasterly boundary of said Lot 36; run thence .'Northwesterly along the Northeasterly boundaries of said Lots 36, 35, 34 and 33, which line is a " -- ,... -� �,c rve to the right (radius — 847.0 feet) an arc distance of 235.76 feet (chord -235.0 feet, chord fearing —North 20° 17' 10" West) to the Point of Beginning. - au- 5919994v A -1 PINELLAS COUNTY FL OFF: REC. BK 14826 PG 1988 Ct , Rights by Owner Mortgage Electronic Regish ion Systems, Inc. a Delaware corporation, as nominee for American Home Mortgage ArxoptanM Int (tile 'Mortgagee /, the holder of the Mortgage exaarted by Teresa A. Kramer and MWWH. 10.,Padford COwns) In favor of Mortgagee, dated November 23, 2004 and recorded in Offi*- tk*& Book 13962. Page 2008 of the PubLc Records of Pinellas Cou*, Florida, which Mora nsIlAn a fien and encumbrance upon all or a portion of the real prop" described wrfttik thi regoing Warranty Deed Transfer of Density Unk Development Rights (the "DeW as ror Pro", hereby consents to Owner trw6emng the four (4) Density Unit Development (tigW from the Transferor Property to the Transferee Properly described m said Deed. Notwithst n rts�tha execution of this consent, nothing herein shall be construed to render the Mortga6d.0dsponsibls or liable for the performance of airy of the covens_ nts or undertakings of the Or+ins�,tde( this Deed. ;. <f ti, Did V* , day of nEs7E?MRl- 200 *tness: � j — - / Print nama,3-�r;.( Lt. �w �-- �-,� �a Ile 5 Print name: 13cr)-I STATE OF ' C COUNTY OF M i _ I- 4S 1 Mortgage Electronic Regh*aWn Syshm s, Inc, as nonurree for American Home Marb0a9e , Irla e•-- Print Name: it" /// ex- The foregoing Iredn,ment was ac*nowiedged beW re me Vils day of r to PA 6ez 200 by of V441 as i of Mortgage Ekxftnic Registration Systems, Inc, a Delaware corporation. He/she is personally known to me or has produced as /der f Canon. p!'•""!� SHANIOUW N. CLARK Pabl Of a at Large Ft'fnled Name .,V S ; ':• Wnr counassroH DES S ha n � ,", a rJ . x,(04 -k s�p.�eero.rcoe Commission No. My Commission Expires: -1 41 as n (o • � X00 . ��� giw p' )2_o X X10= 13Zoo a� �x�i�� Q . 3o3 c. cr4- 9 L 5 x 1.33 '7 anal ,303 ��� X 3o a� c.Lrt= © 1Z , ? pr % r ftwi) k%,3 %= 0 30 IRON :CityOrClearwa.ter -Plan Dept FAX NO. :727 562 4865 Jan. 24 2005 01:04PM P2 _, 557.:Cyprus and 579 Cyprus CITY OF CLEAR'WATER. APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL S19RVICES BUILDING 100 SOUTH MYRTLE AVENUE, 2" FLOOR PHONE (813) -562 -4567 FAX (813) 5624576 APPLICANT AND AGENT INFORMATION: I G I NA[ APPLICANrsNAME IrW /Beach - Residences -- Clearwater, L.L.C. - l� I 877 Executive Center Drive West, Suite 205, St. Petersburg, FL MAILING ADDRESS 33702 -2472 PHONE NUMBER 727 -563 -9882 FAX NUMBER : 727 -563 -9674 A(3ENTNAME E. D Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP MAILING ADDRESS P. O. Box 1368; FL 33757 -1368 PHONENUMSER 727-461 -1818 FAXNuMBER : 727 -462 -0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER Same as the applicant. MAILING ADDRESS PHONE NUMBER FAX NUMBER LEGAL DESCRIPTION See Exhibit "A" attached.. (IF IN METES AND BOUNDS, ATTACH A 6EPARATE SHEET) 430 South Gulfview Boulevard � STREET ADDRESS �I PARCELNUMBER 07/29/15/52380/000 /0330 -TdL 11 2005 ZONING DISTRICT T SIZE OF SITE 2.44 acres PLANNING DE M11 ENT CURRENT USE OF THE PROPERTY 217 -room hotel (k OF 140TEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) Seeking termination of non - conforming HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED To THIS SITE? status as to density - See Density Table in HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 10 units! 4 of which are from sender site IIAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO 11' YES, HOW MANY DEVELOPMENT RIGHTS HAVE 13EEN TRANSFERRED? IS A HEIGHT INCREASE REQUESTED7 X YES NO IF YES, HEIGHT REQUESTED: See Comp. Infill App. Page 1 of 2. ROM :CityOtClearwater -Plan Dept FAX NO. :727 562 4865 Jan. 24 2005 01:04PM .P3 ORIGINAL SITEw RQM WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER _ Teresa A. Kramer and Maxwell M. Radford MAILING ADDRESS 55 Laurel Street, Clearwater, FL 33767 PHONE NUMBER 727- 442 -6244 FAX NUMBER: LEGAL DESCRIPTION See Exhibit-"B" attached. OF IN METES AND POUNDS, ATTACH A SWARATQ SHE STREET ADDRESS 557 Cyprus and 579 Cyprus PARCEL NUMBER See Exhibit "B ".attached. ZONING DISTRICT T SIZE OF SITE —.30 acre JUL 112005 CURRENT USE OF THE 5 overnight accommodations PLANNING DEPARTMENT PROPERTY g IN I "w- (0 pQ ' OF HOTEL ROOMS, OWELLINO UNrrO, COMMERCIAL I LOOR AREA, VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 9 units HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 4 units HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: _ COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; _ STATEMENT THAT THE DEED OF TRANSFER WILL 13E RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. _ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. _ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. _ COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIaHUGHTED AND LABELED 1, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. Signature of property owner or represents ive E. D. Armstrong III, Esquire STATE OF FLORIDA, COUNTY OF PIN �� Sworn taoand subscribed before me this t�--!� day of y , /AD., Uk 200510 me and/or by E. D. Armstrong III , who Is personally knowruba&pmd=ad to me. x95: iI�>�f4�x Notary public, my commission explres: ; ^ >� • LINDA R. CUNNINGHAM MY COMMISSION X EXPIRES: 4Dp� 910 Page 2 of 2 AFFIDAVIT To AUTHORIZE AGENT: TERESA A. KRAMER (Names of all property owners on deed — please PRINT full names) 1. That (I am/we are) the owners) avid record title holder(s) of the following described property (address or general location): 557 Cyprus Avenue and 579 Cyprus Avenue Z That this property constitutes the property for which a request for a: (describe request) Application.for,Transfer of Development Rights 3. That the undersigned (has/have) appointed and (does/do) appoint: E. D. Armstrong III, Esquire, of Johnson, Pobe:.: Bokor Rubpel & BiarriG _ T.LP as.(hisAheir) agents) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been ekecuted to induce the City of Clearwater, Florida to consider and act on the above described property; 5. 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; 6. That (Uwe); the undersigned authority, hereby certify that the foregoing is true and corm q TERESA A. KRAMER Property Owner Property Owner STATE OF P-0 4L r 04 Property Owner COUNTY OF V r^r Izitn "� Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this S day of May 2005 personally appeared TEASA A. KRAMER who h 'ng been first duty sworn Deposes and says that he /she fully understands the contents of the affidavit that he/she signed. NNOTARY PUbUC•SIATE OF FLORIDA Rita Jane Iacino My Commission Expires: t Commission #DD376706 Notary Public .:.. h ires: DEC. 20 2008 --4c !d Thu Adentic Bonding Co., Inc. S:IPlanninq DepartmentlApplication Formsldevelopment reviewinexible development application 2005.doc RK"; RVED JUL 112005 PLANNING DEPARTMENT CITY OF CLEARWATER ORIGINAL AFFIDAVIT TO AUTHORIZE AGENT: MAXWELL M. RADFORD - (Names of all property owners on deed — please PRINT fuq names) t, That (I am/we are) the owners) and record titre holder(s) of the blowing described property (address or general location): 557 Cyprus Avenue and 579 Cyprus Avenue 2- That this property constiuutes the property for which a request for a: (describe request) Application for Transfer of Develoument Pirrht I , That the undersigned (has)have) appointed and (does/do) appoint: E • D. Armstrong III, Esquire, of Johnson, as (hlsRheir) aPM(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater Fbrida to consider and act on" above described property eThat site visits to the property are necessary by city representatives In order to process this appfiption and the owner authorizes City representatives to visit and photograph the property descrbed In this application: 6. That (Uwe), the undersigned authority, hereby certify that the foregoing is Eve and correct Property --6F' ff4%0W vF MG-WO P00h1e;S IA Property owner �y me the undersigr�5an officer duty commissioned b ti►e of a, on this ZUU personally appeared FORD Deposes and says that he/she fully understands the contents of the afdavht that he/she signed. My Commission B U( t6 3lohs� S: tpknnlnq DeP&Trn- tMpp/IcatTon Fonmldev 1opvmnt VVewtrre;dbre deverdprnent apprnccet AF 00 �1- . day of been first duly swum U RECEIVED JUL 112005 PLANNING DEPARTMENT CITY OF CtEARWATIm EXHIBIT "A" ORIGINAL RECEIVER SITE - 430 SOUTH GULMEW A TRACT OF LAND CONSISTING OF LOTS 33, 34 AND 35 AND PART OF LOT 36 OF LLOYD- WHITE- SKINNER SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: FROM THE NORTHERN MOST CORNER OF SAID LOT 33, RUN SOUTH 77° 41'16' WEST, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 33 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 400.0 FEET TO A POINT ON THE BULKHEAD LINE DESCRIBED ABOVE; RUN THENCE SOUTHEASTERLY ALONG SAID BULKHEAD LINE ALONG A CURVE TO THE LEFT (RADIUS - 1247.0 FEET) AN ARC DISTANCE OF 296.79 FEET, (CHORD BEARING - SOUTH19° 07'51" EAST); RUN THENCE NORTH 68° 55'27* EAST A DISTANCE OF 402.14 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 36; RUN THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARIES OF SAID LOTS 36, 35, 34 AND 33, WHICH LINE IS A CURVE TO THE RIGHT (RADIUS - 847.0 FEET) AN ARC DISTANCE OF 235.76 FEET (CHORD - 235.0 FEET, CHORD BEARING - NORTH 20° IT 10" WEST) TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY AS: A TRACT OF LAND CONSISTING OF LOTS 33,34 AND 35 AND PART OF LOT 36 OF LLOYD- WHITE- SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID LOT 33 AND THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; SAID POINT BEING THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 847.00 FEET AND AN ARC DISTANCE OF 235.76 FEET; THENCE RUN ALONG SAID CURVE TO THE LEFT AND ALONG THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD A CHORD BEARING OF SOUTH 200 17"10" EAST AND A CHORD DISTANCE OF 235.00 FEET TO AN IRON PIN; THENCE RUN SOUTH 68° 55'27" WEST FOR A DISTANCE OF 402.14 FEET TO AN IRON PIN, SAID POINT BEING THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1247.00 FEET AND AN ARC DISTANCE OF 296.79 FEET; THENCE RUN ALONG SAID CURVE TO THE RIGHT A CHORD BEARING OF NORTH 19° 07' 51" WEST AND A CHORD DISTANCE OF 296.09 FEET TO AN IRON PIN; THENCE RUN NORTH 77° 41' 16" EAST FOR A DISTANCE OF 400.00 FEET TO A POINT AND BACK TO THE TRUE POINT OF BEGINNING. RECEIVED JUL 112005 pLf,NNING DEPARMENT C1y OF ClE (Receiver Site) South Gulfview Blvd. - Legend streets Pamals toning F-1 MR LMDR MDR ■ MHDR ■ HOR MHP ■ T ■ C D 0 ■.1 ■ LRT OSR ■ P ■ B 1 oar. PMOUS County ORIGI JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER EXHIBIT "B" Sender Site Legal Description: Parcel No. 05/29/15/54756/079 /0040 (557 Cyprus Avenue): That part of unplatted Block 79, UNIT NO. 5 MANDALAY REPLAT, according to the plat thereof as recorded in Plat Book 20, Page 48, which was formerly known as Lot 4, Block 79, MANDALAY "THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5, according to the plat thereof as recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida. :►1 Parcel No. 05/29/15/54756/079 /0050 (579 Cyprus Avenue): That part of Block 79, UNIT NO. 5 MANDALAY REPLAT, according to the plat thereof recorded in Plat Book 20, Page 48, which was formerly known as Lot 5, Block 79, MANDALAY 'THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5, according to the plat thereof recorded in Plat Book 20, Page 27, all of the Public Records of Pinellas County, Florida. #346518 v1 ORIGINAL. P I Ns, PPECEWED JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER M PSG x, - Him- TV c� .s. Pr- AFFIDAVIT OF OWNER STATE OF Ft o (000 ) COUNTY OF P►a�� -mss ) BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared TERESA A. KRAMER ( "Affiant "), who [ts- ] [produced F A - 0&t U� LIC 04&A as identification] and who, being first duly sworn, deposes and says that: 1. She and Maxwell M. Radford (collectively, "Owners ") are the owners of the real property described on Exhibit "A" attached hereto and incorporated herein ( "Sender Site "); which is the "Sender Site" in that certain Application for Transfer of Development Rights (the "Application ") submitted to the City of Clearwater by TW Acquisitions, Inc., a Florida corporation ("Applicant"). 2. Owners are the owners of the 4 residential dwelling units (collectively, '`Development Rights ") which are proposed to be transferred.. as described in the Application. I As of the date of this Affidavit, the Development Rights have not been transferred to any other person or entity. 4. As of the date of this Affidavit, the Development Rights have not been previously used or exercised by any person or entity on the Sender Site or any other parcel of land. 5. Owners and Applicant have entered into an agreement by which Applicant may acquire the Development Rights. 6. In the event the Application is approved, a special warranty deed transferring the Development Rights will be recorded in the Public Records of Pinellas County, Florida, prior to issuance of a building permit. FURTHER AFFIANT SAITH NOT. ORIGINAL TERESA A. KRAMER JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER SWORN TO, subscribed and acknowledged before me this May I cf , 2005. Nota is Print name: IT,4 Je, a£ X4 ,,i5 My commission expires: 05/18/05 03:16 PM d -1 109561 NOTARY PUBLIC-STATE OF FLORIDA #345M A _ TW Acq /Aff of Owner/Kramer Rita Jane Iacino Commission #DD376708` expires: DEC.. 20, 2008 13enddQ [lieu Acl�atleanding Co., Inc. ORIGINAL RECEVED JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWAIER -2- EXHIBIT "A" Parcel No. 05/29/15/54756/079 /0040 (557 Cyprus Avenue): That part-of unplatted Block 79, UNIT NO. 5 MANDALAY REPLAT, according to the Plot thereof as recorded in Plat Book 20, Page 48, which was formerly known as Lot 4, Block 79, MANDALAY "THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH UNIT 'NO. 5, according to the plat thereof as recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida. AND Parcel No. 05/29/15/54756/079 /0050 (579 Cyprus Avenue): That:partl of Block 79, UNIT NO. 5 MANDALAY REPLAT, according to.the plat thereof -recorded in Plat Book 20, Page 48, which was formerly known . as Lot 5; Block 79, MANDALAY 'THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5, according to the plat thereof recorded in Plat Book 20, Page 27, all of the Public Records of Pinellas County, Florida. ORIGHNAL RECEPYrEy JUL ll 2005 PLANNING DEPARTMEM CITY OF CLEARWATER AFFIDAVIT OF OWNER NATION OF t✓ ZLNc14 �C/ti`l r�FSr7<1 CITY OF PA P �� ) BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared MAXWELL M. RADFORD ( "Affiarif ), who produced U.r PassPOaT * 31(103 j Q6R as identification and who, being first duly sworn, deposes and says that: 1. He and Teresa A. Kramer (collectively, "Owners ") are the owners of the real property described on Exhibit "A" attached hereto and incorporated herein ( "Sender Site "), which is the "Sender Site" in that certain Application for Transfer of Development Rights (the "Application ") submitted to the City of Clearwater by TW Acquisitions, Inc., a Florida corporation. ( "Applicant "). 2. Owners are the owners of the 4 residential dwelling units (collectively, "Development Rights ") which are proposed to be transferred as described in the Application. 3. As_ of the date of this Affidavit, the Development Rights have not been transferred to any other person or entity. 4. As of the date of this Affidavit, the Development Rights have not been previously used or exercised by any person or entity on the Sender Site or any other parcel of land. 5. Owners and Applicant have entered into an agreement by which Applicant may acquire the Development Rights. 6. In the event the Application is approved, a special warranty deed transferring the Development Rights will be recorded in the Public Records of Pinellas County, Florida, prior to issuance of a building permit. FURTHER AFFIANT SAITH NOT. ORIGINAL -. JUL 112005 PLANNING DEPARTMEW CITY OF cLEARWATER SWORN TO, subscribed and vv- octm—' certifie V, 18 slognatture dg WAC(C,3 vo c T 05/13(05 02-38 PM d-1 .109561 #345726 A - TW Acq/Aff of owner/Radford me this May �, 2005. Print name: v1 My commission ,e*re-s.- A'IBOU H No T rE ORIGINAL PlS��Q� JUL 11 2005 -2- PLANNING DEPARTMEW CITY OF CLEARWATER EXHIBIT "A" Parcel No. 05/29/15/54756/079 /0040 (557 Cyprus Avenue): That part of unplatted Block 79, UNIT 'NO. 5 MANDALAY REPLAT, according to the plat thereof as recorded in Plat Book 20, Page 48, which was formerly known as Lot 4, Block 79, MANDALAY "THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5, according to the plat thereof as recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida. I Parcel No. 05/29/15/54756/079 /0050 (579 Cyprus Avenue): That part of Block 79, UNIT NO. 5 MANDALAY REPLAT, according to the plat thereof recorded in Plat Book 20, Page 48, which was formerly known as Lot 5, Block 79, MANDALAY "THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5, according to the plat thereof recorded in Plat Book 20, Page 27, all of the Public Records of Pinellas County, Florida. ORIGINAL 0( 11 2005 PLANNING DEPARTMEW CITY OF C6 PADI 109 :0 I #: 2004460220 BK: 13962 PG: 2007, 11/24/2004 at 12:04. PM, RECORDING 2 PAGES $16.50 D DOC STAMP COLLECTION $5425 -n KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: WMC3 Prepared by. David E. Plane, Esquire Law Offices of David E. Platte 603 Indian Rocks Road BcBeair, Florida 33756 File Number. 04 -6847 SU t1y tir k L� Warranty Deed Made this Novembei;!�i` 2004 A.D. By John Withers also known as John W. Withers, a married man, whose mailing address is 954 Mason Headley, Lexington, KY 40504 -2247, hereinafter called the grantor, to Teresa A. Kramer, an unmarried woutan,and Maxwell M. T�tidTbK kn unmarried man, as joint tenants with right of survivorship, whose mailing address is 3614 South Gardenia Drive, Tampa, F l.IA29, hereinafter called the grantee: (WhciKvN*%cd herein the term "grantor' and "gmnroe" include all the parties to this instrument and the Wes, legal representatives and assigns of Wividuals,; std the successors and assigns of corporations) �V1'ifnesseth, that the grantor, for and in consideration of the star of Ten Dollars, ($10.00) and other valuable consfdFratitms, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the—grantee, all that certain land situate in Pinellas County, Florida, viz: See Attached Exhibit "A" Parcel ID Number. 05/29/15/54756!079 /0040 ORIGINAL Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. THE GRANTOR WARRANTS THIS IS NOT HIS HOMESTEAD PROPERTY AND THAT HE RESIDES AT 954 MASON HEADLEY ROAD, LEXINGTON, KY 40504 -2247 To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2004. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed =947nd delivered in our presence_ Witness Printed Name T afy 1 z--- P/ // jl Witness Printed Name of State of Florida County of Pinellas V (Seal) John Withers aka John W. Withers by his Attorney in Fact Warren Clay Withers Address: 954 Mason Headley Road, Lexington, KY 40504 -2247 Address: The foregoing instrument was acknowledged before me this -6'2)_ day of No b Clay Warren Withers, Attorney in Fact for John Withers ak/a John W. Withers, a married man, who rsonally kno u the r who has produced as identification. a REIECCA M. t]MWFORD - Public I ~,v No V ?taut - Skdo of Fkwkla Print Namr. ' cbtmtrte„esra.oaa42= Col... 010566163 My Comnl»ba tbltisd Nnlold AYn E,pi —: DEED Individual Warranty Dad with Legal on Schedule A close& Choice ,u IL 112005 PLANNING DEPARTMENT CITY ®F CLEARWATER PINELLAS COUNTY FL OFF. REC. BK 13962 PG 2006 r - Prepared by" David E. Platte, Esquire Law Offices of David E. Platte 603 Indian Rocks Road Belleau, Florida 33756 File Number. 04 -6847 "EXHIBIT A" That part of uulatted Block 79, UNIT NO.5 MANDALAY REPLAT, according to the plat thereof as recorded in Plat Book 6;:page 48, which was formerly known as Lot 4, Block 79, MANDALAY "THE ISLE OF A THOUSAW,.- PALMS" CLEARWATER BEACH UNIT NO. 5, according to the plat thereof as recorded in Plat Book 26�`Iage 27, Public Records of Pinellas County, Florida DEED lodividual Wartsoty Deed with Lcgal on Schedule A Closers' Choice ORIGINAL FRITIC �§ F, - I Ri JUL 112005 PLANNING DEPARTMENT CITY OF CLEARWATER 't i �Y "EXHIBIT A" That part of uulatted Block 79, UNIT NO.5 MANDALAY REPLAT, according to the plat thereof as recorded in Plat Book 6;:page 48, which was formerly known as Lot 4, Block 79, MANDALAY "THE ISLE OF A THOUSAW,.- PALMS" CLEARWATER BEACH UNIT NO. 5, according to the plat thereof as recorded in Plat Book 26�`Iage 27, Public Records of Pinellas County, Florida DEED lodividual Wartsoty Deed with Lcgal on Schedule A Closers' Choice ORIGINAL FRITIC �§ F, - I Ri JUL 112005 PLANNING DEPARTMENT CITY OF CLEARWATER 1 #: 2004460253 BK: 13962 PG: 2195, 11/24/2004 at 12:20 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $4025 ^'t KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK; mMC3 Prepared by: } /3 David E. Platte, Esquire Law Offices of David E. Platte 603 Indian Rocks Road Belleair, Florida 33756 File Number: 04 -6848. :� •t J 1 Warranty Deed Made this Novetn6er, / "� 2004 A.D. By John Withers, also known as John W. Withers, a married man, whose mailing address is 954 Mason Headje Road, Lexington, KY 405042247, hereinafter called the graMOr, to Teresa A Kramer, an unmarried woman,and Maxwell M. RiW(oid,-iao unmarried man, as joint tenants with right of survivorsbip, whose mailing address is 3614 South Gardenia Drive, Tampa; Fl.'33629, hereinafter called the grantee: herein the term "grantor' and 'grantee' include are the parties to this instrument and the heirs, legd representatives and assigns of the successors and assigns of corporations) . I - '- N ttnesseth, that the grantor, for and in consideration of the suss of Ten Dollars, ($10.00) and other valuable consiil"`otss, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Pinellas County, Florida, viz See Attached Exhibit "A" Parcel 1D Number. 05/29/15/54756/079 /0050 THE GRANTOR WARRANTS THIS IS NOT HIS HOMESTEAD PROPERTY AND THAT HE RESIDES AT 954 MASON HEADLEY ROAD, LEXINGTON, KY 405042247 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have. and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2004. In Witness Whereof, the said grantor has signed and sealed these presents the day and year fuss above written. Signed, sea red delivered in ow presence: Witness Printed Name I a6e'6ra Wifoess Printed Name State of Florida County of Pinellas (Sea]) John Withe also known as John W. Withers, by bb Attorney in Fact Warren Clay Withers Address: 954 Mason Headley Road, Lexington KY 40504 -2247 Address: The foregoing instrument was acknowledged before me this S3 day of Novi B Warren Clay Withers, Attorney in Fact for John Withers, also known as John W. Withers, a married man, w rsonally known to me r who has produced as ilk M i cation. ,J� Sys REKCCAM. CRAWiORO bry Public : Flotary Public - MOO of Fbrldo M 366163 Print Name: COItMrt * �601� My Commission ttordM) IItt�Ortd Alta Expires: DEED Individual Warranty Deed with Legal on Schedule A Closers' Choice GINAL RECEIVED u 11. 11 2005 NING OEPARTMEM CINOe rtEARWAIER PINELLAS COUNTY FL OFF. REC. BK 13962 PG 2196 Prepared by' David E. Platte, Esquire f Law Offices of David E. Platte 603 Indian Rocks Road Belleair, Florida 33756 File Number. 04 -6848 -` /`g t "Exhibit A" That part of $hock 79, UNIT NO.5 MANDALAY REPLAT, according to the plat thereof recorded in Plat Book 20, Page dk- wAD h was formerly shown as Lot 5, Block 79, MANDALAY "TILE ISLE OF A THOUSAND PALKS"'GLEARWATER BEACH UNIT NO. 5, according to the plat thereof recorded in Plat Book 20, Page 27, all of`t ,.Pn lic records of Pinellas County, Florida. DEED Individual W amnty Deed with Legal on Schedule A Chen' Choice VIA SCALE I"= 20' LEGAL DESCRIPTION. • _ N �! THAT PART OF UNPLATTED BLOCK 79, UNIT NO. 5, MANDALAY , , , , REPLAT, ACCORDING TO 7HE MAP OR PLAT 7HEREOF AS `'a i ,� - O 10 20 30 N y RECORDED IN PLAT BOOK 20, PAGE 48, WHICH WAS FORMERLY a -i. � VE '10 KNOWN AS LOT 4, BLOCK 79, MANDALAY "7HE ISLE OF A \ >-- THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN ! "' PLAT BOOK 20, PAGE 27, PUBLIC RECORDS OF PINELLAS ` COUNTY, FLORIDA. W-1 u `�. ---- ,------ - - - --� c — — — — — - - - - -- 208.00 (P) REMAINDER OF BLOCK 79 NOT INCLUDED 0 �P I i to I i 109.813'(F) W I • I N - .$4'46'53 "E• N I I , w N 110.00 () t 0.2' I � U I j I FIP I- 14.7 4 w.F. CO C. ,.� 56.8' a; (0 I I + DD C4 p I j 0 16.0' ONE STORY N 3 3 it m I LU j 3 MASONRY I Z u� DUPLEX 13.7' ►^h o I " N Q I � Conc. Walk � � #557 O = a o Ia 0.0' I n 16.0' N A/c Met s_ ^ I (� • �a �, I U 1I � � 43.2 , ;' FIR 518" � I! Z Q PP Conc. 109-381(r) F� oo N I 14.6 1 N-01f J(j 110.00'(D) / I FIR 1 / 2" I o J o ° ° w • \ �P I REMAINDER OF BLOCK 79 NOT INCLUDED I \ I ` ?¢6 00 CER71F1ED TO. JOHN WITH E R I S UNION FEDERAL BANK OF INDIANAPOLIS I HERITAGE 7171E COMPANY I CHICAGO 717LE INSURANCE COMPANY BEARINGS ARE BASED ON 7HE EASTERLY R/W LINE OF CYPRUS AVE. AS BEING N05'00'00 "W., PER PLAT. 0 <::Z7 11 Surveyor's No tes: PC :Point of Curvature (D) :Deed 1) Property shown hereon appears to be located in Flood Zone AE" per F.I.R.M. No. 125096 00070 Dated PT :Point of Tangency (Desc) :Description 8119191. This surveyor makes no guarantees as to the accuracy of the above information. Local F.E.M.A. agent PRC :Point of Reverse Curvature (C) :Calculation should be contacted for verification. PCC :Point of Compound Curvature P (F) :Field Measured Z) No underground utilities, underground encroachments or building foundations were measured or located as PI (P) :Point of Intersection :Plat W.C. :Witness Comer port of this survey. Trees and shrubs were not located unless otherwise shown. Sec. :Section 3) This survey was conducted w %shout the benefit of an abstract of title, therefore there may be other S.I.R. :Set Capped Iron Rod 112" Twp. :Township easements, right of ways, setbacks lines, agreements, reservations, restrictions or other similar matters of 1 6962 public record, not shown hereon. F.C.I.R. :Found Capped Iron Rod 01H :Overhead 4) Unless otherwise noted, distances shown hereon refer to plat and field measurements. F.I.R. :Found Iron Rod q :Centege 5) Re —use of this surwsy for purposes other than for that which It was Intended, or without written verification, F.I.P. :Found Iron Pipe A/C :Air Conditioner will be at the re —use -s sole risk and without liability to the surveyor. Nothing herein shall be construed to gAA F.P.I.P. :Found Pinched Iron Pipe 01A :Overall any rights or benefits to anyone other than those certified to. F.C.M. :Found Concrete Monument Conc. :Concrete I - S.C.M. :Set Concrete Monument � Part r = IITH DA VID L S��Temp S.D. Set P —K Nail & Disk orary F.D. F.RR. Spk. :Found P —K Nail & Disk :Found Railroad Spike Benchmark SURVEYING 4Nh AI'INCr INC. N. C. F. :No Comer Found or Set BM COV :Benchmark :Covered y ' 1406 W...LINEBAU "f�IA '�jr1p(T; P.R.M. Rge. :Permanent Reference Monument MAS. :Masonry Cr •3.3612. �, 0 Phone (81.3 �3 * {196�J�lFAj } 8i�,3� =9.33 9,446 R/W :Range :Right of Way RES. : Residence 1' E Y r 3: ' a ° ' Certificate _174 8; #6962" %- -::—:% —:Wood Fence (WF) P.B. :Plat Book P.O.B. :Chain :Chain Link Fence (Cif) :Point of Beginning PG. PP :Page :Power Pole ORa S�CL CA. SURVEY ' P.O.C. :Point of Commencment R/W :Right Of Way l hereby certify that the suety reprosented hereoYlsrr�eef rk�h �5�inrneni of Chapter 6IG17 - -6, Florida W.C. :Witness Corner TYP. : Typicol Administrative code pursuant to Chapter 472Q ?7' o/ t t �horJda, utea's Un less It bears the signature and S/W : Sidr walk the original ro/sed seal of this Florida Ncerised surtroyor cnd';' p "r thl, drawln , sketch, plot or ma is for :. P P 9 P Informotional`pu�poses only and 0:1hbf valid Esmf.:,Eosemenf DAVID L. SMITH :: v��' S,3o o3 PRAMMOINAL LAND SURYEM FLORIDA Signature Date Field 5129103 Date. PARTY CHEF EO DAm..' Job 0305 -562 D2CWN BY. P.M. ti4TF.' REpS7RAnON N0. 5265 Number: 0 W ' GRAPHIC SCALE —R 20 0 20 40 ( IN FEET ) 1 inch = 20 feet P\_ PN PpE B P� ES of wpY �Pi 2 0 N �o n °or gyp A S'J \ %A 1p6N JOB No. 040076.2 ORIGINAL PLANTING DEPARTMENT CITY OF CLEARWATER ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 SECTION 5, TOWNSHIP 25 SOUTH, 3E 15 EAST, PINELLAS COUNTY, FLORIDA THAT PART OF BLOCK 79, UNIT NO. 5 MANDALAY REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 48, WHICH WAS FORMERLY SHOWN AS LOT 5, BLOCK 79. MANDALAY "THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH LINT NO. 5, ACCORDING TO THE PLAT THEREOF RECCRDED IN PLAT BOOK 20, PAGE 27, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. SURVEYORS CERTIFICATION: ; t.cmirmu iv: +VI`s ♦ -,, y LEGEND: !,•' .`k,- FCM = FOUND CONCRETE MONUMENT LB = LICENSED BUSINESS FIR = FOUND IRON ROD ID = IDENTIFICATION FCIR = FOUND CAPPED IRON ROD PLS = PROFESSIONAL LAND SURVEYOR FIP = FOUND IRON PIPE PSM = PROFESSIONAL SURVEYOR & MAPPER FPIP = FOUND PINCHED IRON PIPE FPKND = FOUND PARKER KALON NAIL & DISK CB = CHORD BEARING EL. = ELEVATION ORB = OFFICIAL RECORDS BOOK WM = WATER METER PG = PAGE TPD = TELEPHONE PEDISTAL PB = PLAT BOOK CATV = CABLE TV BOX (P) = PLAT PP = POWER POLE (M) = MEASURED CG = CURB AND GUTTER (F) FIELD CSW = CONCRETE SIDEWALK R RADIAL CLF CHAIN LINK FENCE C CALCULATED WBF = WOOD BOARD FENCE D = DEED SNLD = SET NAIL & DISK LB 6928 FND = FOUND = POWER POLE LLF.EL = LOWEST LIVING FLOOR ELEVATION C.B.S. = CONCRETE BLOCK STRUCTURE CONC.= CONCRETE SCIR = SET CAPPED 5/8' IRON ROD LB 6928 A/C = AIR CONDITIONER LEGAL DESCRIPTION: THAT PART OF BLOCK 79, UNIT NO. 5 MANDALAY REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 48, WHICH WAS FORMERLY SHOWN AS LOT 5, BLOCK 79. MANDALAY "THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH LINT NO. 5, ACCORDING TO THE PLAT THEREOF RECCRDED IN PLAT BOOK 20, PAGE 27, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. SURVEYORS CERTIFICATION: ; t.cmirmu iv: +VI`s ♦ -,, y DAVID E. PLATTE, ESQUIRE !,•' .`k,- °`'''�° COMMONWEALTH LAND TITLE INSURANCE COMPANY !- w PROP. HOUSE LOC. TERESA A. KRAMER FINAL SURVEY 0 MAXWELL RADFORD M era = "- V, AMMERICAN BROKERS CONDUIT _ C.3 ; „� . �; LAST DATE OF FIELD WORK: 11/17/04 99156 99161 FOUNDATION SURVEY I PAGES 1 5 10 F THOMAS S. CLANCEY, PLS No. 4024 `DATE OF'SIGNA LIRE FLORIDA REGISTERED SURVEYOR NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND',MAPPER SURVEYORS NOTES: 1. THIS IS NOT BOUNDARY SURVEY, BUT ONLY A RECORD SURVEY TO SHOW THE EXISTING IMPORVEMENTS ON LOT 1 AND IS FOR MORTGAGE PURPOSES ONLY. 2.13EARINGS ARE BASED ON THE WESTERLY RIGHT OF WAY LINE OF CYPRUS AVENUE HAVING A PLAT BEARING OF NORTH 20'00'00" WEST. 3.NO UNDERGROUND UTILITIES, UNDERGROUND ENCROACHMENTS OR UNDERGROUND FOUNDATIONS WERE MEASURED AS RAPT Or THIS SURVEY. UNLESS OTHERWISE NOTED, 4. THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP 5, THIS SURVEY SHOWS ALL MATTERS OF PUBLIC RECORD LISTED ON SCHEDULE 9, SECTION 1 OF COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE COMMITMENT 41236979CA THAT CAN BE PLOTTED OR SHOWN ON A SURVEY. HUD /FIA F.I.R.M. COMMUNITY PANEL No. 125096 0007 G DATED: SEPTEMBER 3, 2003 FLOOD ZONE: AE(EL.1 1) TYPE OF SURVEY DATE TYPE OF SURVEY DATE PROP. HOUSE LOC. FINAL SURVEY HOUSE STAKEOUT UPDATE SURVEY RECORD SURVEY 11/17/04 FIELD BOOK 99156 99161 FOUNDATION SURVEY I PAGES 1 5 10 KLEIN & STAUB SURVEYING, I] PROFESSIONAL SURVEYORS AND PLANNERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727 - 834 -8140 FAX: 727 - 834 -8150 LB 6928 FROM :CityOFClearwdter -Plan Dept FAX NO. :727 562 4865 Jan: 24 2005 01:04PM P2 665 Bay Esplanade. CITY OF CLEA WATER. APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PI,ANNING & DEVELOPMENT SERVICES MUNICIPAL SMVICES BUI.LDINQ 100 SOUTH MYRTLE AVENUE, T'A FLOOR PHONE (813) -562 -4567 FAX(813)562-4516 _0RIGO APPLICANT AND AGENT INFORMATION: APPLICANT'S NAME TW /Bedch Residences' - Clearwater, •L.I;. C: - 877 Executive Center Drive West, Suite 205, St. Petersburg, FL MAILING ADDRESS 33702 -2472 PHONE NUMBER 727 -563 -9882 FAX NUMBER : 727 -563 -9674 AGENT NAME E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP MAILING ADDRESS P. 0. Box 1368;___Clearwater, FL 33757 -1368 PHONENUMBER 727 -461 -1818 FAX NUMBER: 727 -462 -0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER MAILING ADDRESS PHONENUMBER LEGAL DESCRIPTION STREET ADDRESS PARCEL NUMBER ZONING DISTRICT SIZE OF SITE Same as the applicant. FAX NUMBER See Exhibit "A" attached.. IiF IN METES ANO WUNbs, ATTACH A SEPARATE SHEET) 430 South Gulfview Boulevard RECri i /r� 07/29/15/52380/000 /0330 _ °411111111" m U5 CURRENT USE OF THE PROPERTY 217 -room hotel (a OF HOTEL ROOMS, UWELLINO UNITS. COMMERCIAL FLOOR AREA, VACANT) Seeking termination of non'- conforming HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? status as to density -'See Density Tabl in Coup. nfill applicall- HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 1.0 .units, 2 Of which are from sender - site HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY7 YES X NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE QEEN TRANSFERRE07 IS A HEIGHT INCREASE REQUESTED7 X YES NO IF YES, HEIGHT REQUESTED: See Comp. Infill App. Page 1 of 2 �e i, a. �t,D ?aoS• 0�� C 1 " S �J J x 1.3 3 x J17-5Z4 or 0.2-3, 9 av- t- o , ZS 9 co-re. X 3 0, 7 0 , Z 4-6 0 r FROM :CityOfCIearwater -Plan Dept FAX N0: :727 562 4865 Jana 24 2005 01:04PM P3 ORIGHWAL. SITE FR,PM WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER Melodie A. Ferguson, as Trustee U /A /D 5/24/02 and o er ennoc , , as !rus e 07A7L) 5724702 MAILING ADDRESS 665 Bay Esplanade, Clearwater, F1, 33767 -1598 PHONE NUMBER 727 - 441 - -1.475 FAX NUMBER : 727 -441 -1475 See Exhibit "B" attached. LEGAL DESCRIPTION PF IN METES AND SOUNDS, ATTACH A SRPARATQ SKLM STREETADDRESS 665 Bay.Esplanade PARCEL NUMBER 05/29/15/54756/077 /0060 ZONING DISTRICT T SIZE OF SITE 0.259 acre. (11,292 sq. ft.) CURRENT USE OF THE Case No. FLD2005- 01009.approved development of 5 dwelling units PROPERTY (R OF HOTfiL RODM% DWELLING VNn's, OOMMERCUIL rLOOR AREA, VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 7 units HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 2 units HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: _ COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; _ STATEMENT THAT THE DEED OF TRANSFER WILL 13E RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. _ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. _ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. _ COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED 1, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. Signature of-0101360f Mh3r or r presentative z E. D. Armstrong III, Esquire JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER STATE OF FLORIDA, COUNTY OF PIN Swom to and subscribed before me thi day of May , A-D., 19� 2005to me and /or by E. D. Armstrong III who is personally knowrRbs&pmdmuad to me. XNX i�xtse>� Notary public, my commission expires P� LINDA R. CUNNINGHAM oc MY T D EXPIRES: July 4 006 f 0 Page 2 of 2 ORIGINAL AFFIDAVIT TO AUTHORIZE AGENT: MELODIE A. FERGUSON, AS TRUSTEE U /A /D 5/24/02 and ROBERT M. PENNOCK II AS TRUSTEE U A D 5/24/02 (Names of all property owners on deed — please PRINT full names) 1. That (I amble are) the owner(s) and record title holders) of the following described property (address or general location): .665 Bay Esplanade 2. That this property constitutes the property for which a request for a: (describe request) - Transfer of Development Rights 3: That the undersigned (has/have) appointed and (does/do) appoint: E. D. Armstrong III, Esquire, of Johnson, Pope,..Bokor,.Ruppel.& Burns.. -LLP as (fils/lheir) agents) to eirecute any petitions or other documents necessary to affect such petition; .4. That this affidavit has been executed to induce the City of Clearwater. Florida to consider and act on the above described property; 5. that site visits to the property are necessary by City representatives in order to process this application and he owner authorizes City representative's to visit and photograph the property described in this application; 6. That (Uwe), the.undersigned authority, hereby certify that the foregoing is true and correct. Property Owner MELODIE A. FERGUSON, AS TRUSTEE U/A/D.5/24/02 Property Owner Property Owne ROBERT M. PENNOCK, II, AS TRUSTEI IVA/i) 5124/82 STATE OF FLORIDA Property Owner COUNTY OF pINELLA:S Before the the undersigned; an officer duly commissioned by the laws of the State of Florida, on this / g day of rl A- 2ooS personally appeared Melodie. A. Ferguson, as TruS ldtV o having been first duly sworn Deposes and says that. he /she fully understands the contents of the affidavit that he/she signed. 5/24/02 and Robert M. Pennock, II, as Trustee -U /A/D 5/24/02 notary Public My Commission Expires: Rita Jane Iacino Commission #DD376706 Expires: DEC. 20, 2006 Bonded Thal Atlentie 09004$ C9,, in @, SAP/anning DeparrmendApplication F6r/nsldeve7opment reviewlRexible development apflication 7005.doc RECEIVED JUL 11 2005 PLANNING DEPARTMENT CINOF CLEARWATER EXHIBIT "A" RECEIVER SITE - 430 SOUTH GULMEW ORIGINAL A TRACT OF LAND CONSISTING OF LOTS 33,34 AND 35 AND PART OF LOT 36 OF LLOYD- WHITE - SKINNER SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: FROM THE NORTHERN MOST CORNER OF SAID LOT 33, RUN SOUTH 77" 41'16' WEST, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 33 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 400.0 FEET TO A POINT ON THE BULKHEAD LINE DESCRIBED ABOVE; RUN THENCE SOUTHEASTERLY ALONG SAID BULKHEAD LINE ALONG A CURVE TO THE LEFT (RADIUS - 1247.0 FEET) AN ARC DISTANCE OF 296.79 FEET, (CHORD BEARING - SOUTH19° 07'51" EAST); RUN THENCE NORTH 68" 55'27" EAST A DISTANCE OF 402.14 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 36; RUN THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARIES OF SAID LOTS 36, 35,34 AND 33, WHICH LINE IS A CURVE TO THE RIGHT (RADIUS - 847.0 FEET) AN ARC DISTANCE OF 235.76 FEET (CHORD - 235.0 FEET, CHORD BEARING - NORTH 20" 17' 10" WEST) TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY AS: A TRACT OF LAND CONSISTING OF LOTS 33, 34 AND 35 AND PART OF LOT 36 OF LLOYD- WHITE- SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID LOT 33 AND THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; SAID POINT BEING THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 847.00 FEET AND AN ARC DISTANCE OF 235.76 FEET; THENCE RUN ALONG SAID CURVE TO THE LEFT AND ALONG THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD A CHORD BEARING OF SOUTH 20° 17'10" EAST AND A CHORD DISTANCE OF 235.00 FEET TO AN IRON PIN; THENCE RUN SOUTH 68" 55'27" WEST FOR A DISTANCE OF 402.14 FEET TO AN IRON PIN, SAID POINT BEING THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1247.00 FEET AND AN ARC DISTANCE OF 296.79 FEET; THENCE RUN ALONG SAID CURVE TO THE RIGHT A CHORD BEARING OF NORTH 19" 07' 51" WEST AND A CHORD DISTANCE OF 296.09 FEET TO AN IRON PIN; THENCE RUN NORTH 77" 41' 16" EAST FOR A DISTANCE OF 400.00 FEET TO A POINT AND BACK TO THE TRUE POINT OF BEGINNING. 0 �. WJ� JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER (Receiver Site) ORIGWAI RE-- - 3 ( *2� E � V E I D JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER EXHIBIT "B" Sender Site Address: 665 Bay Esplanade Parcel No.: 05/29/15/54756/077 /0060 Legal Description: Lot 6, Block 77, MANDALAY UNIT NO. 5, according to plat thereof recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida. JUL ORIGINAL REcEWED 112005 \� \��■ @����■B�g � . < � - . t4 . y® � m[ �} AFFIDAVIT OF OWNER STATE OF FLORIDA COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared MELODIE A. FERGUSON, AS TRUSTEE U /A/D 5/24%02; and ROBERT M. PENNOCK, II, AS TRUSTEE U /A/D 5/24/02 (collectively, "Affiants "), who ly hewn te mej [produced Rius _ LiCSs as identification] and who, being first duly sworn, depose and say that: 1. They are the owners of the real property described on Exhibit "A" attached hereto and incorporated herein ( "Sender Site "), which is the "Sender Site" in that certain Application for Transfer of Development Rights (the "Application ") submitted to the City of Clearwater by TW Acquisitions, Inc., a Florida corporation ( "Applicant "). 2_ They are the owners of the 2 residential dwelling units (collectively, "Development Rights ") which are proposed to be transferred as described in the Application. 3. As of the date of this Affidavit, the Development Rights have not been transferred to any other person or entity. 4. As of the date of this Affidavit, the Development Rights have not been previously used or exercised by any person or entity on the Sender Site or any other parcel of land. 5. Affiants and Applicant have entered into an agreement by which Applicant may acquire the Development Rights. ORIGINAL RECEIVED JUL 11 2005 PLANNING DEPARTMENT CITY OF ClEARWATER 6, In the event the Application is approved, a special warranty deed transferring the Development Rights will be recorded in the Public Records of Pinellas, County, Florida; prior to issuance of a building permit. FURTHER AFFIANT SAITH NOT. MELODIE A. FER SON, AS TRUSTEE U /A/D 5/24/02 ROBERT M. PENNOCK, Il, AS TRUSTEE U /A/D 5%24/02 SWORN TO, subscribed and acknowledged befog this May /t , 2005. ary Public Print name: ., ; �R,► T^ C- 1'j o My commission expires: 05/18/05 08:a'9 Ann d -1 NOTARY PUBLIC-SZATE OF FLORIDA #34577 6 V1 - TW Acg /Aff of Owner /Ferguson &Pennock Pita Jane Iacino Commission #DD376706 Expires; DEC, 20t 2008 Bonded Thru Aden0o 004d4ag Co., In#, ORIGINAL RECEIVED JUL 11 2005 PLANNING DEPARTMENT -2- CITY OF CIEARWATER EXHIBIT "A" 'XI EEM F. DE RM, CLEW OF COURT" INELLA5 CITY, FLORIDA PAGES ACCT - OEM 05-2II-2002.Ib =20:49 GAN SEC 51 DED- fflM,ROERT H DR219 _z, OW49 D6 R d :k I #:02199211 BK:12t,2 SPG:22% OWN - INT _ _ _ REI RDING 003 PAGES -1 $15.00 FEES DOC STAMP - DR219 3 $.YO MTF P/u TOTAL: $15.70 REV DU ANT.T91DERED: 315.`117 �: - $.00 • CK BA! EFOTY CIERK CNG AMT 02- 199211 MAY -28 -2002 4:20 P INELLAS CO. BK 12022 PG 2286- - �Irr�rrrr��maiu��iiulurrrr «r�iniirr� THIS WARRANTY DEED made this.: `~' - day of NAA , A. D. 2002, between ROBERT M. PENNOCK,?a� single man, and I MELODIE A. - FERGUSON, a single woman, of tfie County of Pinellas, in the State of Florida, whose mailing addrdss is 665 Bay Esplanade, #3, Clearwater Beach, FL 33767, party of the first part, and ROBERT M. PENNOCK, II, as Trustee, xiMer::'agreement dated 2 2002, made by ROBERT M. PENNOCK,�as'Grantor, of the County of Pinellas in the State of Florida, ..party cif the second part, whose mailing address is 665 Bay Esplarl 'ae•�;; �3, Clearwater Beach, FL 33767; 7i WITNESSETH, That:the said party of the first part, for and in consideration of the `$uiri -oaf ;Ten Dollars and other good and valuable considerations, to ,him Al n lland paid by the said party of the second part, the receipt W�iereof is hereby acknowledged, has granted, bargained and sold t-o ; e said party of the second part, his heirs and assigns forevex,`the following described land, situate, lying and being in t46_C6ugnt of Pinellas, State of Florida, to -wit: A SEVENTY -VF,-VF, 'PERCENT INTEREST IN AND TO THE FOLLOWING DESCRIBED DEAL PROPERTY: Lot 6:; ;411ock -` 77, MANDALAY UNIT NO. 5, according to plat thereof; arecorded in Plat Book 20, Page 27, Public Records of PJ_p'e11As County, Florida. Su}iject to easements and restrictions of record and taxes for the ye r;'2002 and subsequent years. The -Grantor of the referenced trust confirms that under the terms 'of said Trust, Grantor has retained a beneficial interest for lif6-,aftd_is entitled to a homestead exemption pursuant to the pr-ovis.ions of Florida Statute 196.041, or successor statute. '`:This transfer involves no monetary consideration and there is no sfiiiting of the economic burden. This deedpis not subject to dobumentary stamps because the Grantor is the sole beneficiary of the trust during the Grantor's lifetime. P" 116MAIEWPWARM�� DMALD P. � A C GOZA AND HALL, P.A. VJwus. HWy.1ffi,MM4M ri 91_ �wwA�M, FL 11 2005 OF CLEARWATFr P INELLRS COUNTY FLR , -= OFF.REC.BK 12022 PS 2287 ORIGINAL The said party of the first part ,does hereby fully warrant the title to said land, and will defend. Vie' same against the lawful claims of all persons whomsoever. Wherever used herein, the .-te.r ,bpa rty" shall include the heirs, personal representatives, succeshors and /or assigns of the respective parties hereto; the ..use of.: ' the singular number shall include the plural, and the pluzsthe singular; the use of any gender shall include all gendars.4 ';Where used herein, the terms "Grantor ", "Grantee" and "TruE�tee!!'shall be construed as singular or plural as the text requires.`,-,......,,' The Grantee shall * have.. the:.. independent power and authority . to 4 protect, conserve, and to 11,:.= or to lease, or to encumber, or otherwise to manage and dlapose`of the real property conveyed by this deed, pursuant t6`--- FI&r!da Statute 689.071, or successor statute. Any Successor : Trustees are hereby granted the power to protect, conserve and, tio;_sell, or to lease, or to encumber, or otherwise to manage':and,%dispose of the real property described in this deed. The powers ;'of :..the : i'rustees and all Successor Trustees shall extend to any and "a "1- `i' rights which the Grantor possesses in the above- describe.d;-..�eai- property; any deed, mortgage, or other instrument executed =by the Trustee shall convey all rights or interests of:.'theGrantor including homestead; and the Trustee is appointed asi Vie` at for the Grantor to carry out this intent, wi -Icix` :--appointment shall be durable and shall not be affected by ,the incapacity of the Grantor. Any p.grs6n dealing with the Trustee shall deal with said Trustee:" anci any successor Trustees as provided in the Trust Agreeme.t.'- However, no person shall deal with a Successor Trustee until ohb' or more of the following have been received by said person:. -,;Qr'placed of record in the aforementioned county: The written resignation of the prior Trustee sworn to and acknowledged before a notary public. `<B A certified death certificate of the prior Trustee. C. The order of a court of competent jurisdiction adjudicating the prior Trustee incompetent, or removing said Trustee for any reason. FIE '� JUL 11 2005 ,r PINELLRS COUNTY FLA. OFF .REC .SK 12022 PG 2288 �:.• - :.- ORIGINAL D. The written certificates of:._`two�'physicians currently practicing medicine that th6,Triistee is physically or mentally incapable of handling�:the duties of Trustee. E. The written removal of a...`I$gcoessor Trustee and /or the appointment of an additidna•i_••.Su0`cessor Trustee, sworn to and acknowledged before:'ahptary public. IN WITNESS WHEREOF, the./said °:party of the first part has hereunto set his hand and seal fhe,day and year first above writ ten. S' ed, Sealed and Delivered n e Presence of: SEAL R bent M. Pennock (SEAL) (SEAL) Mel die A. Fergu on WITNESSES AS TO BOTH' �PARTFES STATE OF FLORIDA` COUNTY OF PINELLP,S I HEREBY Z_ Tl-VY That on this day personally appeared before me, an offic6r dltly authorized to administer oaths and take ac- knowledgments•,:4�ROBERT M. PENNOCK, a single man, and MELODIE A. FERGUSON, ,a -i #igle woman, .who are personally known to me or who have produced c� Florida Driver's License as identification, and who executed,the'.- fo'r'egoing deed, and they acknowledged before me that they executed'�--the same freely and voluntarily for the purposes therein.e�pessed. WI(TNESS my hand and of cial seal at Clearwater, County of Pinellas,"-and State of Florida is -2=y— day of , A.D. 2002. , Notary PuKlic DD hold R Hog W COMM SS10 0CM11 �;IY Commission Expires:' vember 1q 4003 �VMFAWWUkMMWC This deed has been prepared at the Grantor's request without examination or legal opinion of title. RECEIVED - =- JUL 11- 2005 _.:.. PLANNING DEPARTMENT 'ITY Ok (7f T:4QWATER ff fLLluf G Nfl, v 1`1i iT .. _... i r A Ivi ORIGINAL„ CHG A1l;'1 u ;�ii - X. 02- 199199 MRy -28-2002 4:17pM PINELLRS CO BK 12022 PG 2217 WARRANTY DEED I 111M 1111111111111111111111111111111111111111111 THIS WARRANTY DEED made this Zkl- day of ��' A.D. 2002, between ROBERT M. PENNOCK, a single man, and AELODIE A. FERGUSON, a single woman, of -the County of Pinellas, in the State of Florida, whose mailing address _is 665 Bay Esplanade, #3, Clearwater Beach, FL 33767, party of the first part, and MELODIE A. FERGUSON, as Trustee, under agreement dated May 24 2002, made by MELODIE A. FERGUSON, as Grantor, of the County of Pinellas in the State of Florida, party of the second part, whose mailing address is 665 Bay Esplanade, #3, Clearwater Beach, FL 33767; WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, his heirs and assigns forever,.the following described land, situate, lying and being in the County of Pinellas, State of Florida, to -wit: A TWENTY -FIVE PERCENT. INTEREST IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: Lot 6, Block 77, MANDALAY UNIT NO. 5, according to plat thereof, recorded-in Plat Book 20, Page 27, Public Records of Pinellas County, Florida. Subject to easements and restrictions of record and taxes for the year 2002 and subsequent years. The Grantor of the referenced trust confirms that under the terms of said Trust, Grantor has retained a beneficial interest for life and is entitled to a homestead exemption pursuant to the provisions of Florida Statute 196.041, or successor statute. This transfer involves no monetary consideration and there is no shifting of the economic burden. This deed is not subject to documentary stamps because the Grantor is the sole beneficiary of the trust during the Grantor's lifetime. rM1S INSTRUMENT PREPARED BY (& 1�.� w�, RECEIVED DONALD R. MALL, ATT0140? GOZA AND HAU, P.A. M0U.S. mw, 19m, mm 4W JUL 11 2005 C-LEARWATER. FL n, PLANNING DEPARTMENT CITY OF CLEARWATER PINELLRS COUNTY FLR OFF . REC . BK 12D22 PG 22 1 e ORIGINAL The said party of the first part) does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons.whomsoever. Wherever used herein, the term "party" shall include the heirs, personal representatives, successors and /or assigns of the respective parties hereto; the use of the singular number shall include the plural, and the plural the singular; the use of any gender shall include all genders. Where used herein, the terms "Grantor ", "Grantee" and "Trustee" shall be construed as singular or plural as the text requires.. The Grantee shall have the independent power and authority to protect, conserve, and to sell, or to lease, . or to encumber, or otherwise to manage and dispose of the real property conveyed by this deed, pursuant to Florida Statute. 689.071, or successor statute. Any. Successor Trustees are hereby granted the power to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage.and dispose of the real property described in this deed. The powers of the Trustees and all Successor Trustees shall extend to any and all rights which the Grantor possesses in the above - described real property any deed, mortgage, or other instrument executed by-. the Trustee shall convey all rights or interests of the Grantor including homestead; and the Trustee is appointed as the attorney -in -fact for the Grantor to carry out this intent, which appointment shall be durable and shall not be affected by the incapacity of the Grantor. Any person dealing with the Trustee shall deal with said Trustee and any successor Trustees as provided in the Trust Agreement. However,. no person shall deal with a Successor Trustee until one or more of the following have been received by said person or placed of record in the aforementioned county: A. The written resignation of the prior Trustee sworn to and acknowledged before a notary public. B. A certified death certificate of the prior Trustee. C. The order of a court of competent jurisdiction adjudicating the prior Trustee incompetent, or removing said Trustee for any reason. RUXIVED JUL 11 Zoos PLANNING DEPARTMENT CST" OF CLEARWATER OINELLRS COUNTY FLR. REC,BK 12022 PG 2219 ORIGINAL D. The written certificates of two physicians currently practicing medicine that the Trustee is physically or mentally incapable of handling the duties of Trustee. .E. The written removal of a Successor Trustee and /or the appointment of an additional Successor Trustee, swornto and acknowledged before a notary public. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above writ- ten. S.igrjed, Sealed and Delivered in t�e Presence of Ie C Ka WITNESSES AS TO BOTH PARTIES STATE OF FLORIDA COUNTY OF PINELLAS (SEAL) Robert M. Pennock / (SEAL) Mel die A. Ferg son I HEREBY CERTIFY That on this day personally appeared before me, an officer duly authorized to administer oaths and take ac- knowledgments, ROBERT M. PENNOCK, a single man, and MELODIE A. FERGUSON, a single woman, who are personally known to me or who have produced a Florida Driver's License as identification, and who executed the foregoing deed, and they acknowledged before me that they executed the, same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Clearvjater, County of Pinellas, and State of Florid \ his day of j , ' A. D. 2002. Donof Notary Pull is .: dR. Hall MY CO c _ MMISSION # CC855411 EXPIRES November 14, 2003 My Commission Expires: BONDED THRU TPOY FAIN INC This deed has been prepared at the Grantor's request without examination or legal opinion of title. HK � JUL 11 2005 PLANNING �Epppii�i ENT CITY cp - aDVIATER FROM :CityOrClearwater -Plan Dept PLICANT AND APPucmrs NAME MAILING ADDRESS PHONE NUMBER AGENT NAME MAILING ADDRESS PHONE NUMBER FAX N0. :727 562 4865 Jan. 24 2005 01:04PM P2 625,627 Say Esplanade CITY OF CLEA `PVATER. APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SVRVICES BUTLDINQ 100 SOUTH MYRTLE AVENUE, 2n° FLOOR PHONE (813) -562 -4567 FAX (813) 562 -4576 I(-",I`�€ kGENT INFORMATION: ft /Beach .Residences -- Clearwater, -L:h.C. - 877 Executive Center Drive West, Suite 205, St. Petersburg, FL 33702 -2472 727 -563 -9882 FAX NUMBER : 727 - 563 -9674 E. D. Armstrong III, Esquire .Johnson, Pope, Bokor, Ruppel & Burns, LLP P. 0. Box 1368, Clearwater, FL 33757 -1368 727 -461 -1818. FAXNUMBER: 727 -462 -0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER Same-as the-applicant. MAILING ADDRESS PHONE NUMBER FAX NUMBER LEGAL DESCRIPTION See Exhibit "A" attached. (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) STREET ADDRESS 430 South Gulfview Boulevard �I PARCEL 07/29/15/52380/000 /0330 - ZONING DISTRICT T JUL 11 2005 SIZE OF SITE 2.44 acres PLANNING DEPARTMENT CURRENT USE OF THE CMTV OF CLEARWATER PROPERTY 217 -room hotel (a OF HOTEL ROOI.IS, DWELLING UNITS. COMMERCIAL FLOOR AREA. VACANT) Seeking termination of non - conforming HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? status as to density - See Density Tak . •-en HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 10' units , 1- of which -is from sender site HAVE DEVELOP fdIENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? IS A HEIGHT INCREASE REOUESTED7 X YES NO IF YES, HEIGHT REQUESTED: See Comp. Infill App. Page 1 of 2 ) 0 $Si.1 s 4 or G•L3 g o. «- 0. 2 3 `i a,ur e� x 3 o a aj +p c 0• Z 3 4 x Ar 0 I rovw•s V' - E7t i 3 �r I' �f 0 FROM :CityorClearwater -Plan Dept FAX NQ. ":727 5624865 Jan. 24 2005 01:04PM P3 01-1 1 -1 1 G I N L SITE FMM WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER BAYESPLANADE . COM, LLC MAILING ADDRESS 627 Bay Esplanade, Clearwater, FL 33767 PHONE: NUMBER 727 -447 -2503 FAX NUMBER LEGAL DESCRIPTION See Exhibit "B" attached OF IN METZS AND NOUN* ATTACH A SWARATe MWT) STREET ADDRESS 625 - 627 Bay Esplanade PARCEL NUMBER 05/29/15/54756/078 /0070 ZONING DISTRICT T SIZE OF SITE .24 acre CURRENT USE OF THE 5 overnight accommodations 1 PROPERTY • (! OFHOTEL ROOMS, DWLL LINO UNITS, COMMERCIAL MOOR AREA, VACANT) r'1f Ark# qIN(; I)EPARTMRV HOW MANY DEVELOPMENT RIGHTS ARE.ALLOCATED TO THIS SITE? 7 : units , . � a D MATER HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? .1 unite HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES _X NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; _ STATEMENT THAT THE,DEED OF TRANSFER WILL 13E RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. _ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. _ COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. Signature of props own r of repress alive E. D. Armstrong III, Esquire STATE OF FLORIDA, COUNTY OF PIN Sworn to and subscribed before me thi day of May , A-D., VM 2005to me and /or by E. D. Armstrong III , who Is personally known d=ad to me. x?Ag Notary public, ®�.. ----- m commission " LINDA R. CUNNINGHAM Y Q. a��%: 110" MY COMMISSION DD� Page 2 of 2 AFFIDAVIT TO AUTHORIZE AGENT: BAYESPLANADE XOM, LLC, a Florida limited Liability company (Names of all property owners on deed - please PRINT full names) 1. That (I amrinie are) the owner(s) and record title holders) of the following described property (address or general location): 625 =62:7 Bav Esplanade v t 2. That this property constitutes the property for which a request for a: (describe request) Application for Transfer of Development Bights E. D. Armstrong III, Esquire of Johnson 3. That the undersigned {has /have) appointed and (does/do) appoint POpe,:.Bokor, Ruppel &.Burns, LLP as (hiMRheir) agents) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described'property; 5. That she visits to the property are necessary by City representatives in order to process this application and he owner authoriies "City representatives to visit and photograph tine property described in his application; 6. That(I/we), the undersigned authority, hereby certify that the foregoing is true and correct: BAYESP E.COM, LLC H. Blackwood Property Owner Property Owner STATE OF. rL4 (L t OA Property Owner COUNTY OF q- n-r Belo "re me the undersigned, an officer duly commission �y a laws f th State f Florid�_on this 13 day of May 2005. personalty appeared yiltiaM I�. P$ -at-c woos who ha •ng been first duly sworn Deposes and says that he /she fully understands the contents of the affidavit that he /she signed. *'a-s Manager of BAYESPLAXADE.COMF LLC, a Fla. My ag' mited Liability Company Notary Public mrssion Expires: NOTARY PUBLIC-STATE OF FLORIDA Rita Jane Iacino Commissions #DD376706 Expires,_ DEC. 20, 2008 Bonded Tbsu Atlantic Bonding Co., Inc. S.'Wlanning DepartmentlApplication Formsldevelopment reviewl0exible development application 2005 -doc R W ECE ED JUL 11 2mU5 PLANNING DEPARiMEW CIT/ OF CLEARWAIER EXHIBIT "A" RECEIVER SITE - 430 SOUTH GULMEW A TRACT OF LAND. CONSISTING OF LOTS 33,34 AND 35 AND PART OF LOT 36 OF LLOYD- WHITE - SKINNER SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: FROM THE NORTHERN MOST CORNER OF SAID LOT 33, RUN SOUTH 77° 41' 16" WEST, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 33 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 400.0 FEET TO A POINT ON THE BULKHEAD LINE DESCRIBED ABOVE; RUN THENCE SOUTHEASTERLY ALONG SAID BULKHEAD LINE ALONG A CURVE TO THE LEFT (RADIUS - 1247.0 FEET) AN ARC DISTANCE OF 296.79 FEET, (CHORD BEARING - SOUTH19° 07'51" EAST); RUN THENCE NORTH 68° 55'27" EAST A DISTANCE OF 402.14 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID-LOT 36; RUN THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARIES OF SAID LOTS 36, 35, 34 AND 33, WHICH LINE IS A CURVE TO THE RIGHT (RADIUS - 847.0 FEET) AN ARC DISTANCE OF 235.76 FEET (CHORD - 235.0 FEET, CHORD BEARING - NORTH 20'.17'10' WEST) TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY AS: A TRACT OF LAND CONSISTING OF LOTS 33, 34 AND 35 AND PART OF LOT 36 OF LLOYD- WHITE- SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID LOT 33 AND THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; SAID POINT BEING THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 847.00 FEET AND AN ARC DISTANCE OF 235.76 FEET; THENCE RUN ALONG SAID CURVE TO THE LEFT AND ALONG THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD A CHORD BEARING OF SOUTH 20° 17' 10" EAST AND A CHORD DISTANCE OF 235.00 FEET TO AN IRON PIN; THENCE RUN SOUTH 68° 55'27" WEST FOR A DISTANCE OF 402.14 FEET TO AN IRON PIN, SAID POINT BEING THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1247.00 FEET AND AN ARC DISTANCE OF 296.79 FEET; THENCE RUN ALONG SAID CURVE TO THE RIGHT A CHORD BEARING OF NORTH 19° 07' 51" WEST AND A CHORD DISTANCE OF 296.09 FEET TO AN IRON PIN; THENCE RUN NORTH 77° 41'16" EAST FOR A DISTANCE OF 400.00 FEET TO A POINT AND BACK TO THE TRUE POINT OF BEGINNING. ORIGINAL JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER (Receiver Site) South Gulfview Blvd. - Zonin ORIGINAL Legend streets ❑ Pawals Zoning ❑ MR ElLMDR MDR ■ MHDR . HDR ® MHP ■ T D D O f ■ RT OSR ■ P E s fl PneRas County JUL RECEVED 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER EXHIBIT "B" Sender Site Address: 625 -.627 Bay Esplanade Parcel Nos.: 05/29/15/54756/078 /0070 Legal Description: Lot 7, Block 78, MANDALAY UNIT #5, according to map or plat thereof as recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida, and further described as follows: From the Southeast corner of Block 78 of a REPLAT OF MANDALAY UNIT #5, as recorded in Plat Book 20, Page 48, Public Records of Pinellas County, Florida run N. 7 °19'30" W., 352.99 feet along the East boundary of said block; thence along a curve to the left of said boundary, chord bearing N. 26 004' 45" W., chord equals 70.73 feet. and radius equals 110 feet for point of beginning; run thence S. 43 °21'34" W. 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve to the left and along said line, chord bearing N. 65 001'22" W., chord equals 41.26 feet and radius equals 64 feet; thence N. 4 °13'05" E. 110.67 feet to Northerly boundary of Block 78; thence E. 41.29 feet along the Northerly boundary; thence along a curve to the right and said boundary, chord bearing S. 67 °25'04" E. chord equals 84.48 feet and radius equals 110 feet, to the P. O. B.; together with all riparian rights and submerged land pertaining to the above property and particularly including any and all submerged land lying between the East and West boundary line of said lot as extended to channel in Clearwater Bay, Public Records of Pinellas County, Florida. OR161NAL JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER /��� � a I-Pm -41 /��� � a AFFIDAVIT OF OWNER STATE OF F.,Lo v, ► o A ) COUNTY OF P ir.► G« BEFORE ME, the undersigned authority duly authorized to administer oaths -and take acknowledgments; personally appeared WILLIAM H. BLACKWOOD ( "Affiant "), who [i [Produced 0n►vuYL L)cg3 -vv as identification] and who, being first duly sworn, deposes and says that: 1. He is the Manager, of BAYESPLANADE.COM, LLC, a Florida limited liability company ( "BayEsplanade ") and has personal knowledge of the matters set forth in this Affidavit. 2 BayEsplanade is the owner of the, real property described on Exhibit "A" attached hereto and incorporated herein ( "Sender Site "), which is the `'Sender Site" in that certain Application for Transfer of Development Rights (the "Application ") submitted to the City of Clearwater by TW Acquisitions, Inc., a Florida corporation ( "Applicant "). 3 BayEsplanade is the owner of the 2 residential dwelling units (collectively, "Development Rights ") which are proposed to be transferred as described in the Application. 4. As of the date of this Affidavit, the Development Rights have not been transferred to any other person or entity. 5. As of the date of this Affidavit, the Development Rights have not been previously used or exercised by any person or entity on the Sender Site or any other parcel of land. 6. BayEsplanade and Applicant have entered into an agreement by which Applicant may acquire the Development Rights. 7. In the event the Application is approved, a special warranty deed transferring the Development Rights will be recorded in the Public Records of Pinellas County, Florida, prior to issuance of a building permit. FURTHER AFFIANT SAITH NOT. ORIGINAL WILLIAM H. BLACKWOOD RECEVED JUL 11 2005 PLMINIPIG DEPARTMENT TER CITY OFCLEARWA SWORN TO, subscribed and acknowledged before me this May Z3 , 2005. Notary P Print name: ►{-u 74�� T4 �►� My commission expires: 05/23/05 02:48 PM d -1 OF VLORIDA Rita Jane Iacino :109561 NpTARY PUBLIGS'f�TE #345734 v1 - TW Acq/Aff of Owner /BayEsp Commission #DD376706 Expires; DEC, A 2008 3enAed T}�' y 0006 BOO" Co,, ISO, ORIGINAL JUL 11 2005 -2- PLANNING DEPARTMENT CITY OF CLEARWATER Lot 7, Block 78,M ANDALAY UNIT #5, according to map or plat thereof as recorded in Plat. Book '200 Page 27, Public Records of Pinellas County, Florida, and further described as, follows: From the Southeast corner of Block 78 of a REPLAT OF MANDALAY UNIT #5, as recorded in Plat Book 20, Page 48, Public Records of Pinellas County, Florida run N. 7 619'30" W., 352.99 feet along the East boundary of said block; thence along ,a curve to the left of said boundary, chord bearing N. 26'.04'45" W., chord equals 70.73 feet and. radius equals 110 feet for point of beginning; run thence S. 43°21'34 ".W. 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve - -to the left and along said line, chord bearing N. 65 °01'22" W., chord equals 41.26 "feet and radius equals 64 feet; thence N. 4 °13'05" E. 110.67 feet to Northerly boundary of 81ock.78; thence E. 41.29 feet along the Northerly boundary; thence along a curve to the right and said boundary, chord bearing S. 67 °25'04" E. chord equals 84.48 feet and radius equals 110 feet, to the P. O. B.; together with all riparian rights and submerged land pertaining to the above property and particularly including any and all submerged land *lying between the East and West boundary line of said lot as extended to channel in Cleaw, a "ter Bay, Public Records of Pinellas County, Florida.. OR I G I iN A L p�"E E- E �,�\ JUL 11 2005 p "MI NG DEP,RR MERV mly 0 F C mRIANTER I #: 2004101684 BK: 13423 PG: 2169, 03/09/2004 at 04:59 PM, RECORDING 3 PAGES $15.00 KARLEEN F. DE BLAKEF -:LERK OF COURT PINELLAS COUNTY -,ORIDA BY DEPUTY CLERK: CLKPR03 Prepared by and return to: r `` pF CWRT Stephen G. Watts # 4 _ E ft p DE BLAKER, CLERK Attorney at Law �= NELLAS COUP ��t00,4 at 11:46 AM • • y3779 0210412 Stephen G. Watts, PAL pFp REC BK -13366 PG' - 400.401 809 Druid Road ' ` RECORDING: $10.50 Clearwater, FL 33756:,..J^ � S AEpryp: $611oAO 727 -461 -3232 File Number. 03 -15{r Will Call No.: 495 \ !Space Above This Line For Recording Data) ORIGINAL Warranty Deed Y This WAi-haiity Deed made this 29th day of.January, 2004 between D -Gem, LLC, a Florida Limited Liability Compa>}Ik ' hose post office address is 625 Bay Esplanade, Clearwater, FL 33767, grantor, and Bayesplanade.com, LLC, a Fltfrida_I-Iftited Liability Company whose post office address is 608 Bay Esplanade, Clearwater, FL 33767, grantee: lerib$cr%sed herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of 1idualS, and the successors and assigns of corporations, trusts and trustees) ,Wtnesseth, that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other t._ •good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, '`has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Pinellas County, Florida to -wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. Parcel Identification Number: 05 -29 -15 -54756 -078 -0070 This deed is being re— recorded to attach Exhibit "A" Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. ORIGINAL 7 I's I �ql UN, !I 1 205 PLANNING DEPARTMENT R�A AR CITY Ojo % eee PINELLAS COUNTY FL OFF. REC. BK 13423 PG 2170 `d Signed, sealed and delivered in ourpresenr8> / I / // �NK� v4`i••` � i R_ D -Gem, LLC, a orida Limited Liability Company By: avi . Moe, Managing Member �; `•�._.° : (Corporate Seal) Stated fbri, ' County ri�itiellas T]ae'oregging instrument was acknowledged before me this 29th day of Ja uary 2004 by David L. Moe, Managing Member ofD`Gem, LLC, a Florida Limited Liability Company, on behalf of the c rp atioa. He/she [X] is personally known to me has produced a driver's license as identification. `[�lotary Seal] No Pub 0„„ u,,,, "P,r, Sherrie A Brewer ZCDMMbft fvice �B� nm 1111"'k Bmftca. I= Warranty Deed - Page 2 Printed Name: �%p y- Y, ye tcA ° t )-e ,(- My Commission Expires: ORIGINAL DoubleTimee PINELLAS COUNTY FL OFF. REC. BK 13423 PG 2171 r; File Number: 03- 12285 Agent/Branch: 1495 *03 -156 EXM f "A" Lot 7, Block 78, MANDALAkbIW! #5, according to map or plat thereof as recorded in Plat Book 20, Page 27,, public records of Pinellas County, Florida, and further described as follows: From the Southeast corner of Block 78 of a REPLAT OF MANDALAY UNIT #5, as recorded in PIat book 20, Page 48, public records of Pinellas County, Florida, run N -, -.7-' IP 30" W., 352.99 feet along the. East boundary of said block; thence along a curve to the left of said boundary; c6d bearing N. 26 °0445" W., chord equals 70.73 feet and radius equals 110 feet for point of beginning; rO2 ,` fince S. 43 °21'34" W. 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve to the 1�.4,and along said line, chord bearing N. 65 °01'22" W., chord equals 41.26 feet and radius equals 64 feet; t[ieQce!, 4013-05 - E., 110.67 feet to Northerly boundary of Block 78; thence E. 41.29 feet along the Northerly, l dii dory; thence along a curve to the right and said boundary, chord bearing S. 67 °25104" E., chord equa1s84:48,feet and radius equals 110 feet, to the P.O.B.; together with all riparian rights and submerged land pertaining ,40 the above property and particularly including and any all submerged, land lying between the East and; VlCest boundary line of said lot as extended to channel in Clearwater Bay, public records of Pinellas !'•........ Vin__ .�_ �1 ORIGINAL FROM :CitV0rCIearwateT~P1an Dept FAX NO. :727 562 4865 y Jan. 24 2005 01:04PM P2 667 Bay Esplanade CITY OF CLEARWATER. APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SgRVICES BUILDING 100 SOUTH MYRTLE AVENUE, 2i' FLOOR PHONE (813) -S62 -4567 FAX (813) 5624576 ZONING DISTRICT T SIZE OF SITE 2.44 acres CURRENT USE OF THE PLANNING DEPAIMM PROPERTY 217 -room hotel MY OF CLEARWATER (M OF HOTEL ROOMS, DWELLING UNITS. COMMERCIAL FLOOR AREA, VACANT) Seeking termination of non - conforming HOW MANY DEVELOPMENT RIGI4TS ARE, ALLOCATED To THIS SITE? status as to density - See Density Tab . 'en HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 10 units-, 3 Of which are from sender site HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? IS A HEIGHT INCREASE REQUESTE07 X ' YES NO IF YES, HEIGHT REQUESTED: See Comp. Infill App. Page 1 of 2 ORIGMAL APPLICANT AND AGENT INFORMATION: APPLICANT'S NAME TW /Beach Residences'- Clearwater, L.L.C. - 877 Executive Center Drive West, Suite 205, St. Petersburg, FL' MAILING ADDRESS 33702 -2472 PHONE NUMBER 727 -563 -9882 FAX NUMBER ; 727 -563 -9674 ' AGENT NAME E. D. Armstrong III, Esquire Johnson, Pope, Bokor., Ruppel & Burns, LLP MAILING ADDRESS P. 0. Box 1368 Clearwater, FL 33757 -1368 PHONE NUMBER 727- 461-1818 FAX NUMBER : 727 -462 -0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER Same as the applicant. MAILING ADDRESS PHONE NUMBER FAX NUMBER LEGAL DESCRIPTIO N See Exhibit "A" attached. (IF IN METES AND SOUNDS, ATTACH A SEPARATE SHEET) 430 South Gulfview Boulevard sTRekTAboRESS PARCELNUMBER 07/29/15/52380/000 /0330 ZONING DISTRICT T SIZE OF SITE 2.44 acres CURRENT USE OF THE PLANNING DEPAIMM PROPERTY 217 -room hotel MY OF CLEARWATER (M OF HOTEL ROOMS, DWELLING UNITS. COMMERCIAL FLOOR AREA, VACANT) Seeking termination of non - conforming HOW MANY DEVELOPMENT RIGI4TS ARE, ALLOCATED To THIS SITE? status as to density - See Density Tab . 'en HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 10 units-, 3 Of which are from sender site HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? IS A HEIGHT INCREASE REQUESTE07 X ' YES NO IF YES, HEIGHT REQUESTED: See Comp. Infill App. Page 1 of 2 I117LZ'St a 0.Z(2 9a ti. f Q. Z4 9 acre - X 3o uc 0 • Z6 9 6-ew- n 4 It c rv, G% i i-�, "*) "' I d,, o e �-j - -3 �,j - s L lv� j� 4'Y, 1.3 3= 6 rvry -s 1 J x, 1.3 3= i s raw.. = q roc FROM :CityOfClearwater -Plan Dept FAX NO. :727 562 4865 Jan. 24 2005 01:04PM P3 ORIGINAL SITE Fw MM, WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER Paul Kelley and Tracey Kelley, husband and wife MAILING ADDRESS 667 Bay Esplanade, Clearwater, FL 33767 -1550 PHONE NUMBER 727 -298 -8350 FAX NUMBER LEGAL. DESCRIPTION See Exhibit "B" attached. (IF IN METES AND SOUNDS, ATTACH A SIMARATO SHE STREET ADDRESS 667 Bay Esplanade PARCEL NUMBER 05/29/15/54756/077 /0070 ZONING DISTRICT `I' ��� 1 1 2005 SIZE OF SITE 0.269 acre. (11,722 sq. ft.) CURRENT USE OF THE 1 single - family dwelling unit CITY OF CLEARWATER PROPERTY ( R OF HOTEL ROOMS, DWELLINO UNITE, GOMMERCtAL FLOOR AREA, VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 8 units HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 3 units HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: _ COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; — STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. __._ STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. _ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. Signature of property owner or representative E. D. Armstrong III, Esquire STATE OF FLORIDA, COUNTY OF PIN L Swom Noaand subscribed before me this day of May , A-D., MX 2005to me and/or by E. D. Armstrong III , who is personally knowrx dwmsd to me. xmg wevddjaf9mx L 10 JI& . � 4A Notary public, my commission expires LINDA R. CUNNINGHAM MY COMMISSION # DD 310910 i„`j,:' Bonded Thru Notary PubNc Underwriters Page 2 o12 ORIGIN A L AFFIDAvrr TO AUTHORIZE AGENT: PAUL KELLEY -and TRACEY KELLEY, husband and wife (Names of all property owners on deed — please PRINT full names) f< . That (1 am/we are) the owner(s) and record title holders) of the following described property (address or general location): 667 Bay Esplanade- 2: That this property constitutes the property for which a request for a: (describe request) Application for Transfer of Development Rights 3. That the undersigned (has/have) appointed and (does /do) appoint: E. D. Armstrong III, Esquire, of Johnson, Pope, Bokor, Ruppel & Burns., LLP as (hisAheir) Agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater. Florida to consider and act on the above described property; 5. That 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; 6. That (Mve), the undersigned authority; hereby certify that the foregoing is true and correct. Property Owner PAUL Property Owner Property Owne LEY Property CiKner STATE OF FLORIDA ) COUNTY OF PINELLAS ) Before me the undersigned; an officer duly commissioned by the laws of the State of Florida, on 1t �'s ! day of May - 2005 personally appeared Paul Kelley and Tracey Kelle who havin n first duly sworn Deposes and says that he /she fully understands the contents of the affidavit that he /she signed. frodjcea L ICe�s t NOTARYFUBLIC -STATE OF FLORIDA ID "r - ` Rita Jane Iadno Notary Public My Commission Expires: Commission # DD376706 , . __ Ex iles:.DEC. 20 2Q08 Bonded Thru Atlantic Bonding Co., Inc. RECEIVED 3rlPtanning DepartmentlApp6cation Formsldevelopmenr reviewltivxible development application ZOUS.doc JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER EXHIBIT "A" ORIGHN NIAL RECEIVER SITE - 430 SOUTH GULMEW A TRACT OF LAND CONSISTING OF LOTS 33,34 AND 35 AND PART OF LOT 36 OF LLOYD- WHITE - SKINNER SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: FROM THE NORTHERN MOST CORNER OF SAID LOT 33, RUN SOUTH 77" 41'16' WEST, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 33 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 400.0 FEET TO A POINT ON THE BULKHEAD LINE DESCRIBED ABOVE; RUN THENCE SOUTHEASTERLY ALONG SAID BULKHEAD LINE ALONG A CURVE TO THE LEFT (RADIUS - 1247.0 FEET) AN ARC DISTANCE OF 296.79 FEET, (CHORD BEARING - SOUTH19" 07'51" EAST); RUN THENCE NORTH 68° 55'27" EAST A DISTANCE OF 402.14 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 36; RUN THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARIES OF SAID LOTS 36, 35, 34 AND 33, WHICH LINE IS A CURVE TO THE RIGHT (RADIUS - 847.0 FEET) AN ARC DISTANCE OF 235.76 FEET (CHORD - 235.0 FEET, CHORD BEARING - NORTH 20° 17'10' WEST) TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY AS: A TRACT OF LAND CONSISTING OF LOTS 33, 34 AND 35 AND PART OF LOT 36 OF LLOYD- WHITE- SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID LOT 33 AND THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; SAID POINT BEING THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 847.00 FEET AND AN ARC DISTANCE OF 235.76 FEET; THENCE RUN ALONG SAID CURVE TO THE LEFT AND ALONG THE WEST RIGHT -OF -WAY MARGIN OF GULF VIEW BOULEVARD A CHORD BEARING OF SOUTH 200 17'10" EAST AND A CHORD DISTANCE OF 235.00 FEET TO AN IRON PIN; THENCE RUN SOUTH 68" 55'27" WEST FOR A DISTANCE OF 402.14 FEET TO AN IRON PIN, SAID POINT BEING THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1247.00 FEET AND AN ARC DISTANCE OF 296.79 FEET; THENCE RUN ALONG SAID CURVE TO THE RIGHT A CHORD BEARING OF NORTH 19" 07' 51" WEST AND A CHORD DISTANCE OF 296.09 FEET TO AN IRON PIN; THENCE RUN NORTH 77° 41'16" EAST FOR A DISTANCE OF 400.00 FEET TO A POINT AND BACK TO THE TRUE POINT OF BEGINNING. JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER (Receiver Site) South Gulfview Blvd. - Legend steets DPawals Zoning F-1 Lm DLMDR MDR ■ MMDR 0 MDR ® MHP ■ T ■ C D O ■ IRT OSR ■ P ■ B Pineias Counly ORIGINAL RECEVEDD JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Address: Parcel Nos.: Legal Description: EXHIBIT "B" Sender Site 667 Bay Esplanade 05/29/15/54756/077 /0070 That part of unplatted Block 77, UNIT NO. 5 MANDALAY REPLAT, according to the map or plat thereof as recorded in Plat Book 20, Page 48, which was formerly known as Lot 7, Block 77, MANDALAY "THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5, according to the plat thereof as recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida. ORIGINAL MlSC EVED JUL 11 1005 PLANNING DEPARTMENT CIIVOFCLEARWATER -was mks q - to �, r�.p a al AFFIDAVIT OF OWNER ORIGINAL BEFORE ME; the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared PAUL KELLEY and TRACEY KELLEY, husband and wife (collectively, "Affiants "), who [produced Ftar;a. DrL;v tt L;<<„ses as identification] - and who, being first duly sworn, depose and say that: 1. They are the owners of the real property described on Exhibit "A" attached hereto and incorporated herein ( "Sender Site "), which is the "Sender Site" in. that certain Application for Transfer of Development Rights (the "Application ") submitted to the City of Clearwater by TW Acquisitions, Inc., a Florida corporation ("Applicant"). 2. They are the owners of the 3 residential dwelling units (collectively, `'Developrrient Rights ") which are proposed to be transferred as described in the Application. 3. As of the date of this Affidavit, the Development Rights have not been transferred to any other person or entity. 4. As of the date of this Affidavit, the Development Rights have not been previously used or exercised by any person or entity on the Sender Site or any other parcel of land. 5. Affiants and Applicant have entered into an agreement by which Applicant may acquire the Development Rights. 6. In the event the Application is approved, a special warranty deed transferring the Development Rights will be recorded in the Public Records of Pinellas County, Florida, prior to issuance of a building permit. FURTHER AFFIANT SAITH NOT. RECEIVED JUL 11 2005 PLANNING DEPARTMENT CITY OF CLEARWATER SWORN TO, subscribed and acknowledged before me this May /7 , 2005. Not Ic Print name: ►�; ku T4„Q z�� ��o My commission expires: 05%17/05 08:38 AM d =1 OR I G.1 N A, .109561 NOIFARY PLBUC- STATE OF FLORIDA #345759 v1 - -rW /Acq /Aff of Owner /Kelly Rita Jane Iacino F 0 Commission #DD376706 Expires: DEC. 20, 2008 .:.,_sued Thru :atlantic Bending Co., Inc. EXHIBIT "A" OR [1JI N A L Parcel No. 05/29/15/54756/077 /0070 (667 Bay Esplanade): That part of unplatted Block 77, UNIT NO. 5 MANDALAY REPLAT, according to the map or plat thereof as recorded in Plat Book 20, Page 48; which was formerly known as Lot 7, Block 77, MANDALAY 'THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5, according to the plat thereof as recorded in Plat Book 20 Page 27 Public Records of Pinellas County, Florida. REcENED JUL 11 2005 CITY 1NOF CLEARWAY .1 #: 2004193030 BK: 13562 PG: 2315, 05/11/2004 at 09:23 AM, RECORDING 1 PAGES $6.00 D DOC STAMP COLLECTION $2520.1 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FLORIDA BY DEPUT: :RK: CLKDM85 �r"P�9's�� CIe�RabrR 3fi75A PedtO�r 66T Br/ Fsplaari� cx�.,.w,xr.aatsr ieud�altathe ism.ow of •tale beurmce poG�y. PJeNwobar. a- says -off P+me11D Nemba: Oi29- 1SSt75t-077-007® QUIT CLAIM DEED (CORPORATE) This QUIT CLAIM DEED, dated 5th Day of May, 2004 Kelly Investment and Management Corp., a Corporation Existing under the Laws of the State of Florida hereinafter called the GRANTOR, to: Paul Kelley and Tracey Kelley, Husband and Wife whose post office address is: 667 Bav EsDlande Clearwater Beach. FL. 33767 hereinafter called the GRANTEE: (Wherever used herein the teams "GRANTOR° and " GRANTEE" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of auporations.) WITNESSETiI_ That GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim undo GRANTEE forever, all the right, tide, interest, claim and demand which GRANTEE has in and to the following described K pioce or parcel of land, situate, lying and being in Pinellas County, Florida, viz: LOT 7, BLOCK 77, UNIT 5 MANDALAY, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 27, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said GRANTOR, either in law or equity, to the only proper use, benefit and behoof of the said GRANTEE forever. IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the.date set forth above. Kelly Investment and Management Corp., by Paul Kelley President SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES: S' Print ame: y a Signature. Print Name: Rob Tomko State of Florida Comity of Pinellas I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take aclmowledgmenM ply apps Paul Kelley, President of Kelly Investment and Management Corp., a Corporation Existing under the Laws of the State of Florida, known to me to be the person(s) described in and who executed the foregoing imstrrrmeat, who acknowledged before me that he executed the same, and an oath was not talon. (Check one:) _ Said persons) isfarc personally )mown to me. P"*' Said person(s) provided the following type of identification: WITNESS my hand and official seal in the County and State last aforesaid this 5th Day of Map, 2004. �+ A Reerw T'«ft '+ �Obee Aupuer ]O, 7ppF My Commission Expires: FORCE QM CORP. /7 A�rA-' 0 Notary S" rm Roberta Tomko PnnUTypdSt -T Notary Signature Description: Pinellas, FL Document -Book. Page 13562.2315 Page: 1 of 1 Order.- 62449 Comment: ORIGINAL. t 1 91 M F10 JUL 112005 PLANNING DEPARTMENT CITY OF CLEARWATER CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLEAVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 5624865 PLANNING DEPARTMENT October 24, 2008 E.D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 -1368 RE: Development Order - Cases FLD2008 -08024 /TDR2005 -05022 430 South Gulfview Boulevard Dear Mr. Armstrong: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On October 21, 2008, the Community Development Board reviewed your request for (1) Termination of Status of Nonconformity for density (217 overnight accommodation units (as established by Cases FLD2005- 01005, FLD2005 -05047 and FLD2007- 11034); where 93 overnight accommodation units are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a 230 -room overnight accommodation use (hotel) in the Tourist (T) District with a lot area of 81,450 square feet/1.87 acres zoned Tourist District (2.45 total acres; 0.58 acres of total acreage zoned Open Snace//Recreation Dictrictl a lot uAtIth of 236 feet a front (Pasti ce -b—Ir of ) S feet (to buildinn and zero feet (to pavement), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a sidewalk 10 feet seaward of the CCCL, a side (south) setback of 16 feet (to building), 1.5 feet (to pavement) and zero feet (to privacy wall), a rear (west) setback of two feet (to building) from the CCCL and to permit concrete patios 13 feet seaward of the CCCL, a building height of 150 feet above Base Flood Elevation (BFE) to top of roof deck and 296 valet -only parking spaces at 1.286 parking spaces per hotel room, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C, and three driveways where the two northernmost driveways are spaced 110 feet apart and the two southernmost driveways are spaced 18 feet apart, where 125 feet is required by Section 3 -102 and approval of a two -year development'order; and (3) including the Transfer of Development Rights of eight total dwelling units (being converted to 13 overnight accommodation units) previously approved and transferred under TDR2005- 05022, including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625 -627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4 -1402. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. The 2.45 total acres (1.87 acres zoned Tourist District; 0.58 acres zoned Open Space/Recreation District) is located on the west side of South Gulfview Boulevard approximately 500 feet northwest of Hamden Drive and directly south of Clearwater Beach; 11MI ON October 24, 2008 Armstrong — Page 2 2. On April 19, 2005, the Community Development Board (CDB) approved with 10 conditions Case Nos. FLD2005- 01005 /SGN2005 -01016 for the (1) Termination of Status of Nonconformity for density to allow the continuation of an existing 217- room/unit hotel (where 74 rooms /units were permitted at that time) and for height to allow the existing 155 -foot high building (where a maximum height of 150 feet is permitted today); (2) Flexible Development approval to permit a 217 - room/unit overnight accommodation use with reductions to setbacks, an increase to building height to 155 feet (to existing roof deck) and a reduction to required parking from 217 to 201 spaces (existing) as a Comprehensive Infill Redevelopment Project; (3) Reduction to the required interior landscape area, as a Comprehensive Landscape Program; and (4) Comprehensive Sign Program approval (SGN2005- 01016); 3. On August 16, 2005, the CDB approved with 18 conditions Case Nos. FLD2005-05047/TDR2005- 05022 for the (1) Termination of Status of Nonconformity for density (217 overnight accommodation units existing to be converted to 104 dwelling units; where 56 dwelling units wee permitted at that time); (2) Flexible Development approval to permit a mixed use of 112 attached dwelling units and 78 overnight accommodation rooms /units with reductions to setbacks, increases to building height to 100 feet for the overnight accommodation building tower and to 150 feet for the residential tower (to roof deck), a reduction to driveway spacing from 125 feet to 90 feet and a deviation to allow direct access to a arterial street, as a Comprehensive Infill Redevelopment Project; and (3) Transfer of Development Rights (TDR2005- 05022) of four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625 -627 Bay Esplanade and three dwelling units from 667 Bay Esplanade; 4. On January 15, 2008, the CDB approved with 15 conditions Case Nos. FLD2007- 11034 /TDR2005- 05022 for the (1) Termination of Status of Nonconformity for density (217 overnight accommodation units; where 93 overnight accommodation units are permitted today); (2) Flexible Development approval to permit 230 overnight accommodation units with reductions to setbacks, an increase to hit 1 (1 Ti (r nei ant to 100 fPAi li(1 r(lnT nPnk -i Anei to 1511 rPPt itn rnnf nPniri fnr fix7n r�nrt' Q of the building, a deviation to allow direct access to an arterial street and to allow a two -year time frame to submit for a building permit, as a Comprehensive Infill Redevelopment Project; and (3) Transfer of Development Rights of eight total dwelling units (being converted to 13 overnight accommodation units) previously approved and transferred under TDR2005- 05022, including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625 -627 Bay Esplanade and three dwelling units from 667 Bay Esplanade; 5. The hotel was not reopened and was demolished on October 8, 2005, under BCP2005- 09027; 6.. The property is currently being used as a temporary parking lot as approved by the City; 7. The nonconforming status of the prior hotel density has been determined to still be valid, even though the hotel was demolished, due to the status of the approval of Case Nos. FLD2007- 11034/TDR2005- 05022; 8. The proposal is to construct a new hotel building on the property consisting of 230 overnight accommodation units; 9. The development proposal includes a request for Termination of Status of Nonconformity for density (217 overnight accommodation units; where 93 overnight accommodation units are permitted today); 10. Eight dwelling units were previously transferred to this site under TDR2005 -05022 and are being converted to 13 overnight accommodation units for this project; 11. The proposal includes five floors of parking for a total of 296 ,parking spaces at a ratio of 1.286 spaces per hotel room (where one space per room is required). Further stacking of vehicles in drive aisles when necessary due to full occupancy and banquets can result in 352 parking spaces; 12. The proposal includes the following setbacks: a front (east) setback of 2.5 feet (to building) and zero feet (to pavement), a side (north) setback of zero feet (to building) from the Coastal Construction Y� October 24, 2008 Armstrong — Page 3 Control Line (CCCL) and to permit a sidewalk 10 feet seaward of the CCCL, a side (south) setback of 16 feet (to building), 1.5 feet (to pavement) and zero feet (to privacy wall), a rear (west) setback of two feet (to building) from the CCCL and to permit concrete patios 13 feet seaward of the CCCL; 13. The proposal includes a building height of 150 feet (to highest roof deck); 14. That portion of the building taller than 100 feet is separated from the 440 West condominium tower to the south by approximately 107 feet, which is in compliance with the Beach by Design requirement to have a minimum spacing of 100 feet between towers exceeding 100 feet in height; 15. The proposal includes a request for deviation to Beach by Design guidelines which require the floorplate of any building exceeding 45 feet in height be limited to a maximum of 25,000 square feet between 45 — 100 feet and a maximum of 10,000 square feet between 100 — 150 feet, as the largest floorplate between 45 — 100 feet is approximately 13,879 square feet and between 100 — 150 feet is approximately 12,837 square feet, but the guideline allows deviations to these floorplate requirements provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelop allowance above 45 feet; 16. Beach by Design guidelines requires for buildings with a footprint of greater than 5,000 square feet, where the proposal is approximately 38,000 square feet, to be constructed so that no more than two of the three building dimensions in the vertical or horizontal planes are equal in length. The project's overall horizontal plane dimensions are approximately 212 feet along South Gulfview Boulevard and 300 feet along the north side, while the vertical plane is approximately 160 feet from grade to the top of the tallest roof. None of these dimensions are equal; 17. Beach by Design guidelines requires no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than five feet. The tower portion of the building is crescent shaped, creating a continuously curving fagade and therefore, no plane is continuous for more than 30 feet. The waterside of the tower fagade is also modulated through the depth and framing methods hi inP 'hAl!'.(lnlPC' 18. Beach by Design guidelines requires at least 60 percent of any elevation to be covered with windows or architectural decoration. The applicant has calculated that the north elevation is at 68 percent, the east elevation at 61 percent, the south elevation at 62 percent and the west elevation at 70 percent; and 19. There are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -803.0 of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. That the development proposal is consistent with the Design Guidelines of Beach by Design. Conditions of Approval: 1. That application for a building permit to construct the approved project be submitted no later than October 21, 2010, unless time extensions are granted pursuant to Section 4-407; 2. That the final design and color of the overnight accommodation building be consistent with the conceptual elevations approved by the CDB; 3. That a Declaration of Unity of Title be recorded in the public records prior to the issuance of any permits; October 24, 2008 Armstrong — Page 4 4. That there be no public /guest use of any roof 100 feet or higher; 5. That, prior to the issuance of the building permit, Level 10 be designed with only 22 rooms, so that the total number of rooms does not exceed 230 rooms; 6. That suites on all floors be designed to have only one door to the exterior hallway; 7. That prior to issuance of permits for any proposed structures north and west of the Coastal Construction Control Line (CCCL), the applicant submit a copy of the appropriate State of Florida agency approval for that construction north and west of the CCCL, 8. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks or variances obtained prior to the issuance of any building permits; 9. That, prior to the issuance of the building permit, the vertical clear height of all the parking garage levels be not less than 7 feet including entrance and exit (Florida Building Code 2004, Section 406.2,.2); 10. That, prior to the issuance of any permits, site and landscape plans be revised to show the following: a. pursuant to Section 3- 904.B, comply with the dimensional requirements and restrictions for waterfront visibility triangles; b. pursuant to Section 3 -805.13 and the location of the building, revising the chain link fencing east of the solid masonry, wall along the south property line to a vinyl or vertical metal grillwork, as acceptable to the Planning Department; c. revise the chain link fencing west of the solid masonry wall to a vinyl or vertical metal grillwork, as acceptable to the Planning Department, and the fencing type and height within the waterfront visibility triangle must meet the requirements of Sections 3 -804.0 and 3- 904.13; d. pursuant to Section 3- 904.A, correctly indicate such sight visibility triangles at the northern driveway and modify landscaping to comply with such requirements; e. pursuant to Section 3- 1204.1), curb the south edge of the southern service drive with vertical cnnnrPTa cnrnina• ann f. palm and other accent trees planted in the landscape area along the western portion along the north property line, in an amount and location acceptable to the Planning Director; 11. That any future freestanding sign be a monument -style sign and be designed to match the exterior materials and color of the building. The maximum height shall be four feet, unless approved at six feet high through a Comprehensive Sign Program; 12. That sea -turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Engineering Division, prior to the issuance of building permits; 13. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; and 14. That all Parks and Recreation fees be paid prior to the issuance of any permits. In addition to the above conditions, please be aware that a special warranty deed, specifying the number of dwelling units being conveyed or sold from 557 and 579 Cyprus Avenue (four dwelling units), 625 -627 Bay Esplanade (one dwelling unit) and 667 Bay Esplanade (three dwelling units) and being transferred to this site, must be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 557 and 579 Cyprus Avenue, 625 -627 Bay Esplanade and 667 Bay Esplanade due to the transfer of development rights. Any mortgage holder of the sending site (557 and 579 Cyprus Avenue, 625 -627 Bay Esplanade and 667 Bay Esplanade) shall consent to the transfer of development rights prior to the issuance of any permits. October 24, 2008 Armstrong — Page 5 Pursuant to Section 4-407, an application for a building permit or other approvals shall be made within the time frame of Condition #1 above. All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The building permit must be obtained within six months of the initial permit application. This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for the Flexible Development approval for a period not to exceed one year and only within the original period . of validity. 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 November 4, 2008 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner 111, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.mycl ear,�vater. com/ gov/ depts/plannin,a. 71111;C1 Gl �. � Michael Delk, AICP Planning Director S:tPlanningDepartmentlCDBIFL,EX(FLD)Ilnactive or Finished Applications 1 GulfviewS0430 New Hotel (7) 10.2008 -Approved - WWIGulfview S 430 Development Order 10.24.08.doc . LONG RANGE PLANNING DEVELOPMENT REVIEW 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 -4865 August 22, 2005 Mr. E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater, FL 33757 -1368 RE: Development Order - Case Nos. FLD2005- 05047/TDR2005 -05022 - 430 South Gulfview Boulevard Dear Mr. Armstrong: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On August 16, 2005, the Community Development Board reviewed your request for (1) Termination of Status of Nonconformity for density (217 overnight accommodation units existing to be converted to 104 dwelling units; where 56 dwelling units are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a mixed use of 112 attached dwelling units and 78 overnight accommodation rooms /units with reductions to the front (east) setback from 15 feet to six :feet (to patios /seating areas) and from 15 feet to zero feet (to trash staging area), reductions to the side (north) setback from 10 feet to five feet from the Coastal Construction Control Line (CCCL) (to building) and from 10 feet to four feet (to pavement), a reduction to the side (south) setback from 10 feet to two feet (to trash staging area), a reduction to the rear (west) setback from 20 feet to eight feet from the CCCL (to building), increases to building height from 35 feet 100 feet for the overnight accommodation building tower and from 35 feet to 150 feet for the residential tower (to roof deck) with an additional six feet for perimeter parapets (from roof deck) and an additional 24 feet for architectural embellishments (from roof deck), a reduction to driveway spacing from 125 feet to 90 feet and a deviation to allow direct access to a arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; and (3) Transfer of Development Rights (TDR2005- 05022) of four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625 -627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4 -1402. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Termination of Status of Nonconformity for density per Section 6- 109; 2. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2- 803.C; 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3 -913; 4. The proposal complies with the Transfer of Development Rights per Section 3 -1403; FRANK HIBBARD, MAYOR BILL JONSON, VICE -MAYOR JOHN DORAN, COUNCILNIEAIBER HOYT HAMILTON, COUNCII.MEMBER CARLEN A. PETERSEN, COUNCIIMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIvf: ACTION EMPLOYER" August 22, 2005 Armstrong — Page 2 5. `l:'he proposal complies with Beach by Design; and 6. The proposal is compatible with the surrounding development. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That use of the property be for a maximum of 112 dwelling units, including eight units through the Transfer of Development Rights, and 78 overnight accommodation rooms /units. The retail sales and services have been eliminated from the proposal; 3. That a Unity of Title be recorded in the public records prior to the issuance of any permits; 4. That occupancy by owners of units in the southern building be limited to sixty (60) days in any calendar year. Further, units in the southern building shall be offered or advertised as being available for rental to the public as overnight accommodations when not in use by the owner. At the request of the City Manager or designee, records of the rentals conducted for or by the owners of units shall be made available for examination to determine compliance with these provisions. Failure to provide such records upon request shall be grounds for imposition of appropriate fines and/or any other enforcement afforded by City regulations. A license for the facility must be obtained and maintained fi -om the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. A registration lobby operated 24 hours a day, seven days a week, shall be maintained. Units within this portion of the development shall not be used for any purpose other than overnight accommodations and shall not qualify for homestead exemption nor as a residential unit which can be used for voter registration, motor vehicle registration, Pinellas County public school registration or home or business occupational licenses; 5. That the sidewalk within the South Gulfview Boulevard right -of -way be designed and constructed for the site frontage in accordance with Beach Walk design specifications. The developer and City may agree on an alternate construction schedule or the provision of payment in lieu of construction; 6. That all City approvals and easements necessary for the sidewalk connection to the sidewalk on City property to the north be obtained prior to the issuance of a Certificate of Completion; 7. That the applicant obtain all right -of -way, easements or other legal instruments prior to the issuance of building permits for the installation of any. landscaping and irrigation on the City property north of the subject property; 8. That any future freestanding sign be a monument -style sign and be designed to match the exterior materials and color of the building. The maximum height shall be four feet, unless approved at six feet high through a Comprehensive Sign Program; 9. That fencing within the visibility triangles and waterfront visibility triangles be brought into compliance with Code provisions prior to the issuance of a Certificate of Completion. Fence height increases above that otherwise permitted and alternate fence materials shall only be allowed (1) in the waterfront visibility triangle if a letter of "no objection" is submitted from the adjacent condominium association board and (2) in the visibility triangle if acceptable to the Engineering Department; 10. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 557 and 579 Cyprus Avenue, 625 -627 Bay Esplanade and 667 Bay Esplanade and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 557 and 579 Cyprus Avenue, 625 -627 Bay Esplanade and 667 Bay Esplanade due to the transfer of development rights. Any mortgage holder of the sending site (557 and 579 Cyprus Avenue, 625 -627 Bay t .I August 22, 2005 Armstrong — Page 3 Esplanade and 667 Bay Esplanade) shall consent to the transfer of development rights prior to the J ssuance of any permits; 11. That all proposed utilities (from the right -of -way to the proposed building) be placed underground. Conduits for the future undergrounding of existing utilities within the abutting right -of -way shall be J nstalled along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work; 12. That any future storage units on the ground floor be used for storage only, in compliance with all Federal Emergency Management Administration (FEMA) rules and guidelines. Should such storage units be proposed and approved by Staff as a Minor Revision to this approval, evidence of this restriction of use, embodied in condominium documents, homeowner's documents, deed restrictions or like forms, shall be submitted to the Building Official prior to the issuance of the first Certificate of Occupancy; 13. That sea - turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Division, prior to the issuance of building permits; 14. That all applicable requirements. of Chapter 39 of the Building Code be met related to seawall setbacks; 15. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 16. That all construction comply with FEMA requirements; 17. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 18. That all Fire Department requirements be met prior to the issuance of any permits. Pursuant to Section 4 -407, an application for a building permit shall be made within one year of Flexible Development approval (August 16, 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 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 August 30, 2005 (14 days from the date of the CDB meeting). Y 1� August 22, 2005 Armstrong — Page 4 If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v/depts /planning. *Make Us Your Favorite! Sincerely, Mich e et�4P , Planning Director S: Oaining DepartmentlC D BIFLEX (FLD)Ilnactive or Finished Applications I GulfviewS0430 TW Residences (T) - Approve&Gulfview S 430 Development Order. doc Wells, Wayne From: Shawen, Dee Sent: Tuesday, June 21, 2005 8:42 AM To: Wells, Wayne Subject: RE: 579 Cyprus Avenue OCL- 0018007 was issued 3/25/05 to a new owner, for 5 rental units on 2 lots, # 4 & 5. A state license for transient rental units was received and the # entered (general screen lower left side, State Cert.) Although the two parcels were attached to this OCL case, the additional addresses were not attached at the time the case was opened, hence your search for 579 Cyprus did not show OCL- 0018007. I just attached all addresses assigned to these two parcels, future searches to any of these addresses will refer you to OCL- 0018007. - - - -- Original Message---- - From: Wells, Wayne Sent: Tuesday, June 21, 2005 7:39 AM To: Shawen, Dee Subject: FW: 579 Cyprus Avenue Dee - Update: There is an OCL under 557 Cyprus Avenue for both 557 and 579 Cyprus Avenue (OCL- 0018007). 1 don't understand why this OCL doesn't show up 579 Cyprus Avenue ( ?). I need to know whether these units on both properties are overnight accommodation units or dwelling units. Do these properties have a hotel license? I see on a prior OCL for 579 that a hotel license was to be provided to us. Wayne - - - -- Original Message---- - From: Wells, Wayne Sent: Tuesday, June 21, 2005 7:19 AM To: Shawen, Dee Subject: 579 Cyprus Avenue Dee - I have a pending CDB case that involves the transfer of development rights from 579 Cyprus Avenue. An OCL for a duplex was OB as of 8/6/04. You had a Business Code Violation BIZ2004 -01577 that you placed into compliance on 1/12/05. 1 don't see any demolition permit for the duplex on the property, so I must assume that the duplex is still there. There is no active OCL for this property and no BIZ case open for this property. Could you let me know what the status is for this property, no later than tomorrow noon, as I have a meeting on Thursday with the DRC to discuss the CDB project and the transfer of development rights from this property? Thanks. Wayne CITY OF CLEARWATER 01if $ PLANNING AND DEVELOPMENT SERVICES ' = MUNICIPAL SERVICES BUILDING `�QTE4i,�if 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562 -4567 FAX (727) 562 -4576 CASE SUMMARY OCL- 0018007 557 CYPRUS AVE ,�Y'PRUS AVENUE BEACH RENTALS 557 CYPRUS AVE, TRIPLEX AND 579 CYPRUS AVE, DUPLEX 3PLE ),.!.,ner /Property TERESA A KRAMER 55 LAUREL ST CLEARWATER, FL 33767 Business Owner TERESA A KRAMER CYPRUS AVENUE BEACH RENTALS 55 LAUREL ST CLEARWATER, FL 33767 PHONE: No Phone FAX: No Fax PHONE: 727 - 423 -3816 FAX: No Fax FEES Assessed Amount Amount Paid Balance Due LICENSE FEE - NEW $28.75 $28.75 $0.00 Total $28.75 $28.75 $0.00 : ': "UPATIONAL LICENSE :.' Category Quantity # Employees ,gn00 RENTAL UNITS 5 0 Done ACTIVITIES Date 1 Date 2 Date '3 Disp By Application received 3/25/2005 Janet McMahan Zoning Review 3/25/2005 3/25/2005 DONE Janet McMahan NEW OWNER Issue License - NEW 04/05 3/25/2005 DONE R_D rAForms \I nfoS um mary. rpt CASE SUMMARY 'JCL- 0014829 557 CYPRUS AVE JOHN W WITHERS triplex PEOPLE Role: Owner /Property Business Owner Oilier U. JJ r FEES CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562 -4567 FAX (727) 562 -4576 JOHN WITHERS 954 MASON HEADLEY RD LEXINGTON, KY 40504 JOHN W WITHERS PO BOX 24895 LEXINGTON, KY 40524 SUSAN WITHERS 805 BRUCE AVE CLEARWATER, FL 33767 PHONE: No Phone FAX: No Fax PHONE: 859 - 260 -1111 FAX: No Fax PHONE: 727 - 639 -1440 FAX: No Fax Assessed Amount Amount Paid Balance Due LICENSE FEE - NEW $86.00 $86.00 $0.00 LICENSE FEE - RENEWAL $28.75 $28.75 $0.00 Refund - LICENSE FEE - NE - $57.50 - $57.50 $0.00 Total $57.25 $57.25 $0.00 OCCUPATIONAL LICENSE Category Quantity # Employees 091000 RENTAL UNITS 3 0 Done ACTIVITIES Date 1 Date 2 Date 3 Disp By I?plication received 12/9/2003 WBS ' new owner, zoned Tourist, prev owner: OCL9010271 Merrill Campbell. Receipt # D10311 from DBPR Issue License - NEW 3/10/2004 DONE WBS 03 -04 Renewal Notice 7/26/2004 04/05 Issue License - RENEWAL 9/27/2004 DONE DDR 04 -05 Business Closed 1/12/2005 DONE WBS property sold Nov 2004. referred to rental inspector r: \Forms \InfoSummary. rpt 1 OCL- 0014829 557 CYPRUS AVE r: \Forms \I nfoS um ma ry. rpt 10 i 7 ,yam d �r 4� CASE SUMMARY 0CL- 0009407 -579 CYPRUS AVE CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562 -4567 FAX (727) 562 -4576 FLORINE CARAS DUPLEX (2) RENTAL UNITS PEOPLE Role: Owner /Property Rusiness Owner 17)5s LICENSE LICENSE FEE - NEW LICENSE FEE - RENEWAL Total OCCUPATIONAL LICENSE Category 091000 RENTAL UNITS ACTIVITIES Zoning Review FLORINE CARAS C/O GEORGE KOLITSAS PO BOX 1965 CLEARWATER, FL 33757 FLORINE CARAS C/O GEORGE KOLITSAS 2454 AUSTRALIA WAY E #42 CLEARWATER, FL 33763 Assessed Amount $27.50 $86.25 $113.75 Amount Paid $27.50 $57.50 $85.00 Quantity 2 Date 1 Date 2 Date 3 2/19/2002 2/19/2002 2/19/2002 Inspection 1/30/2002 1/30/2002 1/30/2002 Duplex, 579 - 581 Cyprus Ave r1rL Letter Sent 2/6/2004 Residential Rental Housing Educational Materials, updated 1/04 Issue License - NEW 2/19/2002 Application received 2/6/2002 mailed application and letter, ds Renewal Notice 7/27/2002 FY 02/03 BATCH Issue License - RENEWAL 8/7/2002 02 -03 PHONE: No Phone FAX: No Fax PHONE: No Phone FAX: No Fax Balance Due $0.00 $28.75 $28.75 # Employees 0 Done Disp By DONE JVS DONE WBS DONE DONE SLW WBS DONE BLS r:\Forms\lnfoSurnmary.rpt &L-609407 579 CYPRUS AVE Renewal Notice 7/11/2003 03/04 issue License - RENEWAL 8/19/2003 DONE 2003 -2004 n.ewal Notice 7/26/2004 ;`F 04/05 Business Closed 8/6/2004 DONE JC 8/6/04 - NO LONGER OWNES PROPERTY - PER GEORGE (JC) Business Closed 8/6/2004 DONE JC 8/6/04 - NO LONGER OWNES PROPERTY - PER GEORGE (JC) f: L rAForms \I nfoSummary.rpt Pinellas County Property Appr ' °r Information: 05 29 15 54756 079 00 ^^ Page 2 of 5 05 / 29 / 15 / 54750 / 079 / 0040 21- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:21:57 Ownership Information Residential Property Address, Use, and Sales KRAMER, TERESA A OBK: 13962 OPG: 2007 RADFORD, MAXWELL M 55 LAUREL ST CLEARWATER FL 33767 EVAC: A EUAC Comparable sales value as Prop Addr: 557 CYPRUS AUE of Jan 1, 2004, based on Census Tract: 260.02 sales from 2002 - 2003: 332,600 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information it/2,004 13,96212,007 775,000 (U) I 1929: Book 020 Pgs 048- 6 /2;003 12,81111,005 360,000 (0) I 0000: Book Pgs - 3 /1,997 9,62511,806 145,000 (0) I 0000: Book Pgs - 10/1,989 7,11112,176 161,500 (0) I 2004 Value EXEMPTIONS Just /Market: 274,400 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 274,400 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 274,400 Agricultural: 0 2004 Tax Information District: CW Seawall: Frontage: Clearwater View: 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 6,302.80 1) 60 x 110 45.00 6,600.00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2004 taxes will be : 5) 0 x 0 .00 .00 6,302.80 6) 0 x 0 .00 .00 Without any exemptions, 2004 taxes will be 6,302.80 Short Legal MANDALAY UNIT N0. 5 REPLAT BLK 79, LOT 4 AS DESC. IN Description PL 20 PO 27 Building Information http: / /Pao.co. pinellas .fl.uslhtbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p... 6/21/2005 I Pinellas County Property Appr ' -�r Information: 05 29 15 54756 079 00," Page 3 of 5 Property and Land Use Code descriptions 05 / 29 / 15 / 54750 / 079 / 0040 :01 2i- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:21:57 Residential Card 01 of i Prop Use: 220 Land Use: 08 Living Units: 3 Imp Type: Duplex /Triplex Prop Address: 557 CYPRUS AUE Strucrtural Elsmsnts Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Roof Frame Gable -Hip Roof Cover Composite Shingle # Stories i.0 Floor Finish Crpt /HdTI /HdMar /Prgt Interior Finish Drywall /Plaster Quality Average Year Built 1,950 Effective Age 20 Heating Central Duct Cooling Cooling (Central) Fixtures 12 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Sub Arras Rssidsntial Extra Fsatur�es Description Factor Area Value Description Factor Area 1) Base Area 1.00 1,990 7) .00 0 2) Open Porch .20 176 8) .00 0 3) .00 0 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Rssidsntial Extra Fsatur�es Map With Property Address (non- vacant) 000io� http: / /pao.co. pinellas .fl.uslhtbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p... 6/21 /2005 Description Dimensions Price Units Value RCD Year 1) PATIO /DECK 7x36 3.00 252 760 300 1,950 2) PATIO /DECK 400SF 8.50 400 0 3,400 2,004 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 3,700 Map With Property Address (non- vacant) 000io� http: / /pao.co. pinellas .fl.uslhtbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p... 6/21 /2005 . - Pinellas County Property Appr-' -�r Information: 05 29 15 54756 079 001" Fcj L f) I 61,32 �71NXE71 a c, BAY LAN :BAY 2 I Uj FU 605 N uE ,r+ PJ AEE 1 rA� /E J I- Y P R LI CONMUNII Y CHIN N BAY ESPLANADE E'4 810 qmr •--b I BAY LANA r� U �_ SPPA.DE SPLANADE 7 BAY SPLL ADE = O�y SPLA r 7E j DE �� 'I 877 ESPLANADE) Page 4 of 5 33/01 69 I A r' 1 -I ccec) ESP�'AhJNDE n; 1/8 Mile Aerial Photograph (2002) http: / /pao.co.pinellas .fl.us /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p... 6/21/2005 Pinellas County Property App *r Information: 05 29 15 54756 079 0?b Page 5 of 5 Pinellas County Property Appraiser Parcel Information Back to Search ,Page An explanation of this screen http: / /pao.co. pinellas .fl.uslhtbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p... 6/21/2005 Pinellas County Property Appr -Pr Information: 05 29 15 54756 079 00^" Page 2 of 5 05 / 29 / 15 / 54750 / 079 / 0050 21- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:22 :57 Ownership Information Residential Property Address, Use, and Sales KRAMER, TERESA A OBK: 13962 OPG: 2195 RADFORD, MAXWELL M 55 LAUREL ST CLEARWATER FL 33767 EVAC: A EUAC Comparable sales value as Prop Addr: 579 CYPRUS AUE of Jan 1, 2004, based on Census Tract: 260.02 sales from 2002 - 2003: 271,100 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 11/2,004 13,96212,195 575,000 (U) I 1929: Book 020 Pgs 048- 7 /2,004 13,7391 29 400,000 (0) I 0000: Book Pgs - 0 /1,968 2,9261 217 23,500 (U) I 0000: Book Pgs - 0 /0 01 0 0 ( ) 2004 Value EXEMPTIONS Just /Market: 226,500 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 226,500 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 226,500 Agricultural: 0 2004 Tax Information District: CW Seawall: Frontage: Clearwater View: 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 51202.57 1) 60 x 110 45.00 6,600.00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2004 taxes will be : 5) 0 x 0 .00 .00 5,202.57 6) 0 x 0 .00 .00 Without any exemptions, 2004 taxes will be 5,202.57 Short Legal MANDALAY UNIT NO. 5 REPLAT BLK 79, LOT 5 AS DESC. IN Description PL 20 PO 27 Building Information http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21 /2005 I Pinellas County Property Appr ' °r Information: 05 29 15 54756 079 00,"1 Page 3 of 5 05 / 29 / 15 / 54750 / 079 / 0050 :01 21- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:22:57 Residential Card 01 of i Prop Use: 220 Land Use: 08 Living Units: 2 Imp Type: Duplex /Triplex Prop Address: 579 CYPRUS AUE Structural Elsmcnts Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Stucco /Reclad Roof Frame Gable -Hip Roof Cover Composite Shingle # Stories 1.0 Floor Finish Crpt /Unyl /SftWd /Terr Interior Finish Drywall /Plaster Quality Average Year Built 1,957 Effective Age 25 Heating Unit /Spc /W1 /F1 Furn Cooling Hone Fixtures 6 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Sub Arras Rcsi.dcntial Extra Fcatur�es Description Factor Area Value Description Factor Area 1) Base Area 1.00 1,560 7) .00 0 2) Utility .35 30 8) .00 0 3) Carport .25 470 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Rcsi.dcntial Extra Fcatur�es Map With Property Address (non- vacant) [-*] [;� T F *`1 Pq Fq http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Description Dimensions Price Units Value RCD Year 1) PATIO /DECK 300sf 8.50 300 0 2,550 2,004 2) POOL FBRGLS 12,000.00 1 0 12,000 2,004 3) SHED .00 0 0 0 1,990 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 14,550 Map With Property Address (non- vacant) [-*] [;� T F *`1 Pq Fq http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 I I Pinellas County Property Appr ' °r Information: 05 29 15 54756 079 00" r'- V L 101 F,J] L I Y 6D2 POIN ( N T T III E 4 ]%-of 0 BAY y 'LAN (BAY 0-3436- I— Lai W 1 605 Z NSE7 � AVE 0 CLI V -P P CY Ln 116%[ CMWNJTY C HL6W H BAY ESPLANADE F— — ---] L2' 4 8 10 SAY C-2 BA 1 Y PLANA 5 C-P L U. 44, ED) BAY SPLANADE 607 Z BAY P SP L BAYA �6 14 Y LN DE E B �Y SPLANADE se-9 BA'y SPL.0 JUAWTA 0 *%Y )E L6 1--- DE N �� W'F 8 7 ESPLANADE) 33,,01 BAY ESPLANADE 1/8 Mile Aerial Photograph (2002) Page 4 of 5 http://pao.co.pinellas.fl.us/htbin/cgi-click?o=l&a=l&b=l&c=l&r--. 16&s=4&t3=1&u=0&... 6/21/2005 - Pinellas County Property App * *r Information: 05 29 15 54756 079 040 Page 5 of 5 Pinellas County Property Appraiser Parcel Information http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 0'v v5 �' '�` CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING +Eall yt+'e► 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 P. CASE SUMMARY 0CL- 0017443 <�0AY ESPLANADE THE COVE APTS 5 units 625 - 627 Bay Esplanade PEOPLE Role: Owner /Property Business Owner s r LICENSE FEE - NEW OCCUPATIONAL LICENSE Category 091000 RENTAL UNITS PHONE (727) 562 -4567 FAX (727) 562 -4576 BAYESPLANADE.COM LLC 627 BAY ESPLANADE CLEARWATER, FL 33767 BAYESPLANADE.COM LLC 627 BAY ESPLANADE CLEARWATER, FL 33767 Assessed Amount $30.35 Total $30.35 Amount Paid $30.35 $30.35 Quantity 5 PHONE: No Phone FAX: No Fax PHONE: 727 - 447 -2503 FAX: No Fax Balance Due $0.00 $0.00 # Employees 0 Done ACTIVITIES Date 1 Date 2 Date 3 Disp By Application received 1/30/2004 WBS New Owner 1/30/04, application rec'd by DIRT, given to license inspector for follow up Additional Requirements Needed 2/10/2005 DONE WBS See BIZ2005- 00184, need: copy of state license, license fee (confirm if there are laundry or vending machines) Issue License - NEW 04/05 2/11/2005 DONE CAK 04/05 r: \Forms \I nfoS um mary.rpt Pinellas County Property Appr ' -�r Information: 05 29 15 54756 078 00" Page 2 of 6 05 1 29 1 15 / 54750 / 078 1 0070 21- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:47:40 Ownership Information Non- Residential Property Address, Use, and Sales BAYESPLANADE.COM LLC OBK: 13423 OPG: 2169 627 BAY ESPLANADE CLEARWATER FL 33767 EVAC: A EUAC Comparable sales value as Prop Addr: 625 BAY ESPLANADE of Jan 1, 2004, based on Census Tract: 260.02 sales from 2002 - 2003: 0 Sale Date OR Book /Page Price (Qual /UnQ) Vac/Imp Plat Information 2 /2,004 13,3551 400 730,000 (Q) I 1929: Book 020 Pgs 048- 6 /2,001 11,4031 250 510,000 (Q) I 0000: Book Pgs - 10/1,992 8,0631 826 350,000 (Q) I 0000: Book Pgs - 9 11,990 7,3691 558 110,000 (U) I 2004 Value EXEMPTIONS Just /Market: 575,300 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 575,300 Institutional Exem: NO Tax Exempt .000 Historic Exem: 0 Taxable: 575,300 Agricultural: 0 2004 Tax Information District: CW Seawall: Frontage: Bay Clearwater View: 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 13,214.30 1) 94 x 120 100.00 11, 280.00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2004 taxes will be : 5) 0 x 0 .00 .00 13, 214. 30 6) 0 x 0 . 00 . 00 Without any exemptions, 2004 taxes will be 13, 214.30 Short Legal MANDALAY UNIT NO. 5 REPLAT BLK 78, LOT 7 & SUBMERGED Description LAND AS DESC IN PL 20 PG 27 Building Information http: // pao.co.pinellas.fl.us /htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property Appr, ' -x Information: 05 29 15 54756 078 00" • Buildin,2 ._1.. • Buildi_m4 2_ Building #1 Page 3 of 6 05 / 29 / 15 / 54758 / 078 / 0070 :01 2i- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:47:39 Commercial Card 01 of 2 Improvement Type: Motel /Hotel C 4 St Property Address: 625 BAY ESPLANADE Prop Use: 313 Land Use: 39 Structural Elsmsnts Foundation Continuous Footing Floor System Slab on Grade Exterior Wall Cone Block /Stucco Height Factor 0 Party Wall Hone Structural Frame None Roof Frame Flat Roof Cover Built Up /Composition Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Plaster Furred Total Units 4 Heating & Air Heating &Cooling Spit Fixtures 12 Bath Tile Floor and Wall Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1.00 Year Built 11951 Effective Age 30 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Aroas C ommE3r c i a1 Extra F at ur s Description Factor Area Units Description Factor Area 1) Base Area 1.00 1,244 7) . 00 0 2) Upper Stry Base Area .90 1.116 8) .00 0 3) Utility .55 84 9) .00 0 4) Open Porch .30 160 10) .00 0 5) 1 .00 0 11) .00 0 6) 20.00 .00 0 12) .00 0 C ommE3r c i a1 Extra F at ur s Building #2 http: / /pao.co.pinellas. fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Description Dimensions Price Units Value RCD Year 1) ASPHALT 6X200 1.50 1,200 11800 1,800 999 2) SHUFBDCT 4X78 1,000.00 1 1,000 11000 999 3) PATIO /DECK 288 3.00 288 860 340 1,970 4) POOL IRREG 25,000.00 1 25,000 10,000 1,970 5) DOCK 13X22 20.00 286 51720 2,290 11970 6) FIREPLACE LARGE 5,000.00 1 51000 2,500 1,951 TOTAL RECORD VALUE: 17,930 Building #2 http: / /pao.co.pinellas. fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property Appr,' --�r Information: 05 29 15 54756 078 00" Page 4 of 6 05 1 29 1 15 1 54750 1 075 1 0070 :02 2i- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07 :47:40 Commercial Card 02 of 2 Improvement Type: Motel /Hotel C 4 St Property Address: 625 BAY ESPLANADE Prop Use: 313 Land Use: 39 Structural Elcmcnts Foundation Continuous Footing Floor System Slab on Grade Exterior Wall Conc Block /Stucco Height Factor 0 Party Wall Hone Structural Frame Hone Roof Frame Flat Roof Cover Built Up /Composition Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Plastered Direct Total Units 2 Heating & Air Heating &Cooling Pckg Fixtures 6 Bath Tile Floor and Wall Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1.00 Year Built 1,951 Effective Age 30 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Arcas Commsrclal Extra F6atures Description Dimensions Description Factor Area RCD Description Factor Area 1) Base Area 1.00 476 7) .00 0 2) Utility .55 72 8) .00 0 3) Open Porch .30 24 4) .00 0 4) Upper Stry Base Area .90 476 10) .00 0 5) 6) .00 0 11) .00 0 6) .00 0 12) .00 0 Commsrclal Extra F6atures Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non- vacant) Fil [_+1 Fq M http: // pao.co.pinellas.fl.us /htbin/cgi- click ?o =1 &a =1 &b =1 &c =l &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property Appr --*-Pr Information: 05 29 15 54756 078 00 "' Page 5 of 6 �r�kra�.0 VAY Jos SET k v E 5 4 7 S 6 1/8 Mile Aerial Photograph (2002) http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property App, 6r Information: 05 29 15 54756 078 0016 Page 6 of 6 Pinellas County Property Appraiser Parcel Information http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 �A `�yri�7Jy1 CASE SUMMARY OCL8009601 665 BAY ESPLANADE #3 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562 -4567 FAX (727) 562 -4576 MELODIE FERGUSON Sus phone: 360- 779 -3257, Co -owner is Robert Pennock PEOPLE Role: _.isiness Owner Business Owner FEES LICENSE FEE - RENEWAL Total OCCUPATIONAL LICENSE Category 00 RENTAL UNITS t... . ACTIVITIES Issue License - RENEWAL Issue License - RENEWAL 01 -02 Issue License MELODIE FERGUSON 665 BAY ESPLANADE #3 CLEARWATER, FL 33767 ROBERT PENNOCK 665 BAY ESPLANADE #3 CLEARWATER, FL 33767 Assessed Amount $243.75 $243.75 PHONE: 727 - 441 -1475 FAX: No Fax PHONE: 727 - 441 -1475 FAX: No Fax Amount Paid Balance Due $243.75 $0.00 $243.75 $0.00 Quantity 4 Date 1 Date 2 Date 3 11/2/1998 8/15/2001 6/16/1997 OCL Letter Sent 2/6/2004 Residential Rental Housing Educational Materials, updated 1/04 Issue License - RENEWAL 10/25/1999 # Employees 1 Done Disp By DONE BLS DONE WBS DONE MBW DONE DONE Kathleen Bedini Assue License - RENEWAL 12/18/2000 DONE WBS 00/01, late fee waived this year only,owners were traveling and failed to have their mail forwarded,DO NOT WAIVE IN THE FUTURE .T,Ade License 9/18/1997 DONE JVS rAForms \l nfoSummary.rpt 0.6L8&9601 665 BAY ESPLANADE #3 Renewal Notice 7/97 BATCH Renewal Notice 7/98 BATCH Renewal Notice 7/99 BATCH Renewal Notice 7/00 BATCH Delinquent Renewal Notice 12 /00 -DLQ Renewal Notice 7/01 BATCH enewal Notice FY 02/03 BATCH Jsque License - RENEWAL 2002 -2003 Renewal Notice 03/04 Issue License - RENEWAL 2003 -2004 Renewal Notice 04/05 Issue License - RENEWAL 2004 -2005 U 7/25/1997 7/28/1998 7/21/1999 7/18/2000 12/10/2000 7/25/2001 7/27/2002 12/18/2000 8/23/2002 7/11/2003 8/19/2003 7/26/2004 8/31/2004 DONE WBS DONE DONE r:\Forms\1nfoSummary.rpt Nnellas County Property Apprr'-er Information: 05 29 15 54756 078 00'"' Page 2 of 5 05 / 29 / 15 / 54 756 / 077 / 0050 21- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:48:44 Ownership Information Residential Property Address, Use, and Sales FERGUSON, MELODIE A OBK: 12022 OPG: 2286 PENNOCK, ROBERT M FERGUSON, MELODIE A THE REM PENNOCK, ROBERT M II THE REM 665 BAY ESPLANADE CLEARWATER FL 33767 -1598 EVAC: A EUAC Comparable sales value as Prop Addr: 665 BAY ESPLANADE of Jan 1, 2004, based on Census Tract: 260.02 sales from 2002 - 2003: 747,400 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 9 /1,996 9,458/1,002 340,000 (Q) I 1929: Book 020 Pgs 048- 7 /1,990 7,326/1,258 200,000 (Q) I 0000: Book Pgs - 10/1,986 6,340/ 555 260,000 (Q) I 0000: Book Pgs - 0 /0 0/ 0 0 ( ) 2004 Value EXEMPTIONS Just /Market: 605,100 Homestead: YES Ownership % 1.000 SAVE -OUR -HOMES CAP Govt Exem: NO Use %: .250 Assessed /Cap: 551,000 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 526,000 Agricultural: 0 2004 Tax Information District: CW Seawall: YES Frontage: Canal /River Clearwater View: 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 12,081.90 1) 88 x 115 11, 000. 00 88.00 F Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2004 taxes will be : 5) 0 x 0 .00 .00 13, 324.55 6) 0 x 0 . 00 . 00 Without any exemptions, 2004 taxes will be 13, 898.78 Short Legal MANDALAY UNIT NO. 5 REPLAT BLK 77, LOT 6 AS DESC. IN Description PL 20 PG 27 Building Information http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property Appr- ' Pr Information: 05 29 15 54756 078 00" Page 3 of 5 05 / 29 / 15 / 54755 / 077 / 0050 :01 21- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:48:43 Residential Card 01 of i Prop Use: 220 Land Use: 08 Living Units: 4 Imp Type: Duplex /Triplex Prop Address: 665 BAY ESPLANADE Structural E1smonts Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Stucco /Reclad Roof Frame Flat -Shed Roof Cover B U Tar &Gravel /Othr # Stories 2.0 Floor Finish Crpt /Unyl /SftWd /Terr Interior Finish Drywall /Plaster Quality Above Average Year Built Area 1,967 Effective Age 25 Heating Central Duct Cooling Cooling (Central) Fixtures 2) 20 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Sub Arras Rcsidcntial Extra Fcaturs Description Factor Area Units Description Factor Area 1) Base Area 1. 00 2,188 7) . 00 0 2) Base Semi Finished .80 224 8) .00 0 3) Upper Stry Base Area .90 2,188 9) .00 0 4) Utility .35 96 10) .00 0 5) Screen Porch .25 440 11) .00 0 6) Open Porch .20 759 12) .00 0 Rcsidcntial Extra Fcaturs Map With Property Address (non- vacant) F+_1 Fil Fil 41 Fq Pq http: / /pao.co.pinellas. fl.uslhtbinlcgi- click ?o =1 &a =1 &b =l &c =l &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Description Dimensions Price Units Value RCD Year 1) DOCK 17X39 20.00 663 13,260 5,300 1,974 2) ASPHALT 7x250 .00 1,750 0 0 1,974 3) PATIO /DECK X -TRA 8.50 200 11700 680 1,974 4) POOL 416 SF 15,000.00 1 151000 6,000 1,974 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 11,980 Map With Property Address (non- vacant) F+_1 Fil Fil 41 Fq Pq http: / /pao.co.pinellas. fl.uslhtbinlcgi- click ?o =1 &a =1 &b =l &c =l &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property Apps-- `per Information: 05 29 15 54756 078 0('-" Page 4 of 5 LLI D z LLI 03436 1/8 Mile Aerial Photograph (2002) X79421 http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property Appr -' -er Information: 05 29 15 54756 078 00"'1 Page 5 of 5 Pinellas County Property Appraiser Parcel Information �s http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property Appr ' -er Information: 05 29 15 54756 077 O(''' Page 2 of 7 05 / 29 / 15 / 54755 / 077 / 0070 21- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:53:32 Ownership Information Residential Property Address, Use, and Sales KELLEY, PAUL OBK: 13562 OPG: 2315 KELLEY, TRACEY 667 BAY ESPLANDE CLEARWATER FL 33767 -1550 EVAC: A EVAC Comparable sales value as Prop Addr: 667 BAY ESPLANDE of Jan 1, 2004, based on Census Tract: 260.02 sales from 2002 - 2003: 730,600 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 5 /2,004 13,562/2,315 360,000 (U) I 1929: Book 020 Pgs 048- 1 /1,995 81888/1,890 400,000 (Q) I 0000: Book Pgs - 9 /1,994 8,795/1,683 111,000 (U) I 0000: Book Pgs - 9 /1,994 8,792/ 595 437,800 (U) I 2004 Value EXEMPTIONS Just /Market: 617,500 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 617,500 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 617,500 Agricultural: 0 2004 Tax Information District: CW Seawall: Frontage: Bay Clearwater View: Water 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 14,183.60 1) 88 x 115 11, 000.00 88.00 F Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2004 taxes will be : 5) 0 x 0 .00 .00 14, 183.60 6) 0 x 0 .00 .00 Without any exemptions, 2004 taxes will be 14,_i83.60 Short Legal MANDALAY UNIT NO. 5 REPLAT BLK 77, LOT 7 AS DESC. IN Description PL 20 PO 27 Building Information http:// pao.co.pinellas.fl.us/htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property Appr -',er Information: 05 29 15 54756 077 00" Page 3 of 7 . Bu. iding_ 1 . Building.2 • Building 3 Building #1 05 ! 29 / 15 / 54756 / 077 / 0070 :01 21- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:53:29 Residential Card 01 of 3 Prop Use: 220 Land Use: 08 Living Units: i Imp Type: Single Family Prop Address: 667 BAY ESPLANDE Structural E1�msnts Foundation Continuous Wall Floor System Slab on Grade Exterior gall ConcOk Stucco /Reclad Roof Frame Flat -Shed Roof Cover B U Tar &Gravel /Othr # Stories 2.0 Floor Finish Crpt /HdTI /HdMar /Prgt Interior Finish Drywall /Plaster Quality Average Year Built 1,952 Effective Age 20 Heating Central Duct Cooling Cooling (Central) Fixtures 12 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Sub Areas Rssldsntlal Extra Fsaturs Description Factor Area Units Description Factor Area 1) Base Area 1. 00 1,312 7) . 00 0 2) Upper Stry Base Area .90 602 8) .00 0 3) Utility .25 1,475 9) .00 0 4) Open Porch .20 330 10) .00 0 5) 0 .00 0 11) .00 0 6) .00 .00 0 12) .00 0 Rssldsntlal Extra Fsaturs Building #2 http: / /pao.co.pinellas. fl.us/htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Description Dimensions Price Units Value RCD Year 1) PATIO /DECK 368SF 8.50 368 3,130 1,250 1,970 2) CONC PAVE 6X200 3.00 1,200 3,600 3,600 999 3) DOCK 452SF 20.00 452 9,040 7,770 1,970 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 12,620 Building #2 http: / /pao.co.pinellas. fl.us/htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Y Pinellas County Property Appv ' -Pr Information: 05 29 15 54756 077 00" Page 4 of 7 05 / 29 / 15 / 54756 / 077 / 0070 :02 2i- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:53:34 Residential Card 02 of 3 Prop Use: 220 Land Use: 08 Living Units: i Imp Type: Single Family Prop Address: 0 Structural E1omonts Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Stucco /Reclad Roof Frame Gable -Hip Roof Cover Composite Shingle # Stories 1.0 Floor Finish Crpt /HdTl /HdMar /Prgt Interior Finish Drywall /Plaster Quality Average Year Built 1,950 Effective Age 25 Heating Central Duct Cooling Cooling (Central) Fixtures 6 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Sub Arieas Description Factor Area Value Description Factor Area 1) Base Area i. 00 1,120 7) . 00 0 2) Open Porch .30 196 8) .00 0 3) .00 0 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 R�E:sicl�ntial Extra Foaturos Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Building #3 http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21 /2005 Pinellas County Property Appr--* -er Information: 05 29 15 54756 077 00"^ Page 5 of 7 05 / 29 / 15 / 54750 / 077 / 0070 :0 21- Jun -2005 Jim Smith, CFA Pinellas County Property Appraiser 07:53:35 Residential Card 03 of 3 Prop Use: 220 Land Use: 08 Living Units: 2 Imp Type: Duplex/Triplex Prop Address: 0 Structural Elsmcnts Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Stucco /Reclad Roof Frame Gable -Hip Roof Cover Composite Shingle # Stories i.0 Floor Finish Crpt /HdTl /HdMar /Prgt Interior Finish Drywall /Plaster Quality Average Year Built 1,951 Effective Age 25 Heating Central Duct Cooling Cooling (Central) Fixtures 6 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Sub Arras Description Factor Area Value Description Factor Area 1) Base Area 1.00 1,702 7) .00 0 2) .00 0 8) .00 0 3) .00 0 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Rosidcntial Extra Fcatures Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non- vacant) o Fq http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property Apprr- -er Information: 05 29 15 54756 077 00 " Page 6 of 7 s 1 F 1%=km 6 5 )INSETTIA AVE NAY _ -T- 547S6 _ _?___ I 1/8 Mile Aerial Photograph (2002) http: / /pao.co.pinellas. fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 Pinellas County Property App, *r Information: 05 29 15 54756 077 0V Page 7 of 7 Pinellas County Property Appraiser Parcel Information http:// pao.co.pinellas.fl.uslhtbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= -.16 &s= 4 &t3 =1 &u =0 &... 6/21/2005 M�A • ` • uoukl ffi 1. THE HORIZONTAL POSITIONS FOR THIS SURVEY WERE DERIVED FROM A CONVENTIONAL GROUND TRAVERSE. ACCURACY r DAR USED FOR THE HORIZONTAL POSITIONS, AS CLASSIFIED IN THE MINIMUM TECHNICAL r'rr ■r ♦ C), IS "COMMERCIALMIGH RISK". THE MINIMUM RELATIVE DISTANCE ACCURACY •' THIS TYPE OF #i IN 10,000 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS •! 47,308 FEET. 2. HORIZONTAL • MADE WITH A TRANSIT r STEEL TAPE, OR DEVICES WITH EQUIVALENT OR HIGHER DEGREES OF ACCURACY. 3. THE ACCURACY STANDARD USED FOR THIS SURVEY, AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (61GI7-6 FAC), IS "COMMERCIALMIGH RISK". THE MINIMUM RELATIVE DISTANCE ACCURACY i' THIS TYPE OF •• 10,000 NATA SOURCES: THE ESPLANDE ACCORDING • THE PLAT • AS i'r r IN PLAT BOOK 20, PAGE 27, OF THE PUBLIC RECORDS OF i FLORIDA. ASSUMED AS r SHOWN ON MAP OF 2. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF AN OWNERSHIP AND INCUMBRANCE REPORT ISSUED BY JOHNSON, POPE, BOKOR, RUPPEL AND BURNS, LLP., ORDER- NUMBER 41262449CA, EFFECTIVE r. TE 4/18/05. THE LEGAL DESCRIPTION SHOWN • AS APPEARS • SAID REPORT. 3. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF # i r . • MANDALAY, AS •'r r IN PLAT BOOK ! 'r b r' rr r OF r THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5, AS RECORDED IN PLAT BOOK 20, PAGE 27,ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LIMITATIONS: I. USE OF THIS SURVEY BY ANYONE OTHER THAN THOSE PREPARED FOR /CERTIFIED TO, WILL BE THE RE -USERS SOLE RISK WITHOUT LIABILITY TO THE SURVEYOR. 2. THERE MAY BE ADDITIONAL EASEMENTS AND / OR RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY OR MAY NOT BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. FIELD WORK COMMENCED ON 4/15/2005 AND WAS COMPLETED ON 4/21/2005 AND IS CONTAINED IN FIELD BOOK 1242, PAGES 26 - 35. 4. PRINTED DIMENSIONS SHOWN ON THE SURVEY SUPERSEDE SCALED DIMENSIONS. THERE MAY BE ITEMS DRAWN OUT OF SCALE TO GRAPHICALLY SHOW THEIR LOCATION. 5. CALCULATED (C) GEOMETRY SHOWN HEREON WAS CALCULATED USING F_I.ELD_L.00ATED POINTS AND CERTAIN PUBLISHED DATA (SEE DATA SOURCES). 6. SHOWN ANYWHERE ON THIS SURVEY, THE WORD "CERTIFY" IS UNDERSTOOD TO BE AN EXPRESSION OF A PROFESSIONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY. 7. SUBSURFACE FOUNDATIONS AND THEIR LOCATIONS HAVE NOT BEEN DETERMINED. 8. IRRIGATION EQUIPMENT AND /OR THEIR APPURTENANCES HAVE NOT BEEN LOCATED UNLESS OTHERWISE SHOWN ON MAP OF SURVEY. 9. THE LOCATIONS OF THE UNDERGROUND UTILITIES AND /OR THEIR APPURTENANCES WERE PERFORMED BY A FIELD SURVEY AND ONLY LOCATED AS SHOWN ON THE MAP OF SURVEY. ONLY THE UNDERGROUND UTILITIES AND /OR THEIR APPURTENANCES WHICH WERE VISIBLE FROM GROUND LEVEL TO THE SURVEYOR ON THE ACTUAL DAY OF THE FIELD SURVEY WERE LOCATED R AND MAPPED. NO EXCAVATIONS OR SUBSURF ACE WORK EFFORTS OF ANY KIND WERE PERFORMED BY THE SURVEYOR TO VERIFY THE EXISTENCE OF ANY UNDERGROUND UTILITIES AND /OR THEIR APPURTENANCES. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES AND /OR THEIR APPURTENANCES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. 10. NO INFORMATION ON ADJOINING PROPERTY OWNERS WAS SUPPLIED TO THE SURVEYOR. 11. HORIZONTAL DIMENSIONS FROM BOUNDARY LINES TO LOCATED ITEMS WHICH USE SYMBOLS (SEE SYMBOLS LEGEND) ARE MEASURED TO THEIR CENTER. 12. THE LIMITS FOR THIS PROJECT WERE DETERMINED BY THE CLIENT. 13. NO MAPPING OF INTERIOR FEATURES WAS PERFORMED. ONLY THE VISIBLE IMPROVEMENTS WHICH ARE NEAR OR CROSSOVER THE SUBJECT PROPERTY BOUNDARY LINES WERE MAPPED AND SHOWN ON THE MAP OF SURVEY. E 14. THE OWNERS AND RECORDING INFORMATION FOR ADJACENT PROPERTIES WERE NOT SUPPLIED TO THIS SURVEYOR. N 0 0 BOUNDARY N INCONSISTENCIES: N I. ANY ANGULAR AND /OR DIMENSIONAL DISCREPANCIES BETWEEN THE LEGAL DESCRIPTION(S) AND THE FIELD LOCATED OCCUPATION BOUNDARY CORNERS, AND BOUNDARY CORNERS WITH MULTIPLE BOUNDARY MONUMENTS ALONG WITH THEIR CORRESPONDING QUADRANT DIRECTIONAL 3 MISSES, ARE SHOWN ON THE MAP OF SURVEY. a r z APPARENT I PHYSICAL s J Q THE SUBJECT PROPERTY APPEARS TO CONTAIN VARIOUS NON- RESIDENTIAL BUILDINGS AND CONTAINS IMPROVEMENTS NOT SHOWN ON THE MAP OF SURVEY. (SEE LIMITATIONS 13) W I T in m g c DRAWN O Q. N W iY 1 r� CM3 a q wi @= Q, ® o 4�W- O�O- -D F`E14CE It t �nNC DRIVE ASSPNALT m EDGE OF SOt�T S•De ETER FND LB 67 6 3 STORY 4.26' EAST o MASONRY N BLDG #667 1111Y `" 1 11 41 r T l O N 7"L5 .65' WIDE � z ANTER 1 OHW ENCLOSED AREA 3 STORY MASONRY BLDG #667 SMB CHECKED r N (T 3 = Found Nail SMB o QUALITY CONTROL a 0 rn = Found _m ° SMB iY 1 r� CM3 a q wi @= Q, ® o 4�W- O�O- -D F`E14CE It t �nNC DRIVE ASSPNALT m EDGE OF SOt�T S•De ETER FND LB 67 6 3 STORY 4.26' EAST o MASONRY N BLDG #667 1111Y `" 1 11 41 r T l O N 7"L5 .65' WIDE � z ANTER 1 OHW ENCLOSED AREA 3 STORY MASONRY BLDG #667 WIDE BLOCK WALL 1e� -i: f� 1" o� er LOT 7 BLOCK 77 9' rNJr, r[IRR FND LB GvR� 0P'C� OF i FIR 1/2' LB 5408 CURVE TABLE CURVE ARBREMAMONS AC LIMNO = Acres FN = Found Nail LTA C1 A/C = Air Conditioner FND = Found 3'28" C C1 ADW = Asphalt Driveway FN &D = Found Nail and Disk 60" C E50*31'24"(C) C2 ADS = Advance Drainage Systems FFE = Finished Floor Elevation 0� PLASTIC C2 ASPH = Asphalt FN &TT = Found Nail and Tin Tab 51 °50'24• C C3 B/C = Back of Curb FOP = Found Open End Iron Pipe 23'19'56-(C) C4 BT = Building Tie FPB = Florida Power Corporation Box 135-22'31* (C) C4 BFPD = Back Flow Prevention Device FPC = Florida Power Corporation 37 °3601° C BLDG = Building FPP = Found Pinched Iron Pipe BNDY = Boundary FRRS = Found Railroad Spike BWF = Barb Wire Fence FT = Feet (C) = Calculated Data F/T = Fence Tie C/C = Covered Concrete FXC = Found X -cut CCCL = Coastal Construction Control Line G/A = Guy Wire Anchor CCR = Certified Corner Record GE = Grate Elevation CDW = Concrete Driveway GI = Grate Inlet Cl = Curb Inlet GV = Gas Valve q = Center Line IE = Invert Elevation CLF = Chain Link Fence INV = Invert CM = Concrete Monument LB = Corporate Certification Number CMP = Corrugated Metal Pipe LP = Light Pole CO = Clean out LS = Licensed Surveyor CONC = Concrete MAS = Masonry COR = Corner MES = Mitered End Section CPB = Condo Plat Book MH = Manhole C/S = Concrete Slab MHW = Mean High Water C/T = Curb Tie MOL = More or Less DB = Deed Book N = North DCVA = Double Check Valve Assembly N/C = No Cap DNR = Department of Natural Resources N/F = Not Found DT = Deck Tie NAD = North American Datum DIA = Diameter NAVD = North American Vertical Datum DIP = Ductile Iron Pipe NGS = National Geodetic Survey DMH = Drainage Manhole NGVD = National Geodetic Vertical Datum E = East NP = Normal Pool Elevation ECMP = Elliptical Corrugated Metal Pipe (NR) = Non Radial EL = Elevation O/A = Overall EOW = Edge of Water OHW = Overhead Wire E/P = Edge of Pavement OR = Official Record Book METAL. FENCE EOCT = Edge of Concrete Tie (PA) = Property Appraisers Map Data WOOD DECK WITH POOL SN&D ESMT = Easement PB = Plat Book FND "x" CUT 0.39' WEST (F) = Field Data PC = Point of Curvature FCM = Found Concrete Monument PT = Pavement Tie FDOT = Florida Department of Transportation PCP = Permanent Control Point FH = Fire Hydrant PG(S) =Pages Ns FIR = Found Iron Rod and Cap PI = Point of Intersection BRICK PATIO WIDE BLOCK WALL 1e� -i: f� 1" o� er LOT 7 BLOCK 77 9' rNJr, r[IRR FND LB GvR� 0P'C� OF i FIR 1/2' LB 5408 CURVE TABLE CURVE RADIUS LENGTH CHORD BEARING LTA C1 64.00'(E) 40.84!(C) 40.15'(E) N23°01'30 "E F 3'28" C C1 64.00'(P) 42'(P) ' 41.25(g) N A 60" C E50*31'24"(C) C2 110' P 97.00'(C) 93.89'(C) S11 47'47 "W 0� PLASTIC C2 108.87" C 98.50'(C) 95.18'(F) S11 43'17 "W F 51 °50'24• C C3 64.00' C 26.06'(C) 25.88'(C) N06 °55'12 "W C 23'19'56-(C) C4 64.00° F 39.52'(C) 38.89'(F) S58 W °59'30 " F 135-22'31* (C) C4 6,V (P) 42'(P) 41.25 C N A 37 °3601° C 3 G^ �o LOT 6 BLOCK 77 0e� 2 STORY MASONRY A #665 BAY ESPLANADE SN&D FDC L86707 I WOOD DECK CONC SLAB e� e CONC SLAB s Section Township i South, Range i Pinellas County, • •# PT = Planter Tie It = Property Line PLS = Professional Land Surveyor POB = Point of Beginning POC = Point of Commencement POL = Point on Line PRM = Permanent Reference Monument PSM = Professional Surveyor and Mapper PT = Point of Tangency \ Point PVC = Polyvinyl Chloride Pipe (R) = Recorded Data RCP = Reinforced Concrete Pipe RLS = Registered Land Surveyor RNG = Range R/W = Right of Way S = South SCM = Set Concrete Monument, 4 "x4% PRM LB 6707 SEC = Section SHW = Seasonal High Water Elevation SIR = Set 5/8 "Iron Rod and Cap, FDC LB 6707 SIR(W) = Set 5/8 "Iron Rod and Cap, FDC LB 6707 WITNESS PT SMH = Sanitary Manhole SN &D = Set Nail and Disk, FDC LB 6707 SN &D(W) = Set Nail and Disk, FDC LB 6707 WITNESS PT SQ = Square SR = State Road STY = Story S/W = Sidewalk TBM = Temporary Benchmark TOB = Top of Bank TRAV = Traverse (TYP) = Typical TWP = Township U/P = Utility Pole VCP = Vitrified Clay Pipe W = West W/ = With W/F = Wood Fence WM = Water Meter WUP = Wood Utility Pole W/T = Wall Tie WV = Water Valve xx° = Degrees xx' = Minutes (Bearings) xx" = Seconds (Bearing) xx' = Feet (Distances) MISQU LEGEN - - = Boundary Line + = Aerial Target = Ccnter Line = Bench Mark CPS = Cable TV Paint Stripe = Easement Line Fc 1-31 = Cable TV Box - - = Edge of Water © = Communications Manhole = Concrete Light Pole = Jurisdictional Line 0 = Concrete Post = Right -Of -Way Line = Concrete Utility Pole - - IJD = Drainage Manhole - - - - - = Section Line M = Electric Box A A A = Top Bank or Top of Berm (E) = Electric Manhole FPCPS = FPC Paint Stripe . • • • . • • • • • • • • • • • • • • = Toe of Slope or Grade Break = FPC Pedestal = Fire Hydrant Q = Flag Pole F = Gas Line Marker A = Gas Filler Cap D4 = Gas Valve © = Gas Meter Box GLPS = Gas Line Paint Stripe ® = Grate Inlet © = GTE Manhole = GTE Pedestal ('= GTE Marker = Guy Wire = Light Pole DOWENI LIMM © = Mail Box (L)= LEGAL DESCRIPTION DATA (P)= PLAT BOOK 20, PAGE 27 (P) = PLAT BOOK 20, PAGE 48 e 9 = Metal Post = Monitoring Well Q = Parking Meter RWPS = Reclaimed Water Paint Stripe FRW = Reclaimed Water Box = Reclaimed Water Valve Q = Sanitary Sewer Manhole (O = Sanitary Cleanout o sANPs= Sanitary Sewer Paint Stripe V) = Section Corner E ,p; = Siamese Connection C C COVERED �OwQ 0� 2 TILED o yi4y�Q 3: PATIO 0 sB = Traffic Signal Box �� ry 0 pV X43 =0 WPS = Water Line Paint Stripe ® = Water M eter 4 0� PLASTIC SHED 2 SN&D o FND "X" CUT 0.42' NORTHWEST Section Township i South, Range i Pinellas County, • •# PT = Planter Tie It = Property Line PLS = Professional Land Surveyor POB = Point of Beginning POC = Point of Commencement POL = Point on Line PRM = Permanent Reference Monument PSM = Professional Surveyor and Mapper PT = Point of Tangency \ Point PVC = Polyvinyl Chloride Pipe (R) = Recorded Data RCP = Reinforced Concrete Pipe RLS = Registered Land Surveyor RNG = Range R/W = Right of Way S = South SCM = Set Concrete Monument, 4 "x4% PRM LB 6707 SEC = Section SHW = Seasonal High Water Elevation SIR = Set 5/8 "Iron Rod and Cap, FDC LB 6707 SIR(W) = Set 5/8 "Iron Rod and Cap, FDC LB 6707 WITNESS PT SMH = Sanitary Manhole SN &D = Set Nail and Disk, FDC LB 6707 SN &D(W) = Set Nail and Disk, FDC LB 6707 WITNESS PT SQ = Square SR = State Road STY = Story S/W = Sidewalk TBM = Temporary Benchmark TOB = Top of Bank TRAV = Traverse (TYP) = Typical TWP = Township U/P = Utility Pole VCP = Vitrified Clay Pipe W = West W/ = With W/F = Wood Fence WM = Water Meter WUP = Wood Utility Pole W/T = Wall Tie WV = Water Valve xx° = Degrees xx' = Minutes (Bearings) xx" = Seconds (Bearing) xx' = Feet (Distances) MISQU LEGEN - - = Boundary Line + = Aerial Target = Ccnter Line = Bench Mark CPS = Cable TV Paint Stripe = Easement Line Fc 1-31 = Cable TV Box - - = Edge of Water © = Communications Manhole = Concrete Light Pole = Jurisdictional Line 0 = Concrete Post = Right -Of -Way Line = Concrete Utility Pole - - IJD = Drainage Manhole - - - - - = Section Line M = Electric Box A A A = Top Bank or Top of Berm (E) = Electric Manhole FPCPS = FPC Paint Stripe . • • • . • • • • • • • • • • • • • • = Toe of Slope or Grade Break = FPC Pedestal = Fire Hydrant Q = Flag Pole F = Gas Line Marker A = Gas Filler Cap D4 = Gas Valve © = Gas Meter Box GLPS = Gas Line Paint Stripe ® = Grate Inlet © = GTE Manhole = GTE Pedestal ('= GTE Marker = Guy Wire = Light Pole DOWENI LIMM © = Mail Box (L)= LEGAL DESCRIPTION DATA (P)= PLAT BOOK 20, PAGE 27 (P) = PLAT BOOK 20, PAGE 48 e 9 = Metal Post = Monitoring Well Q = Parking Meter RWPS = Reclaimed Water Paint Stripe FRW = Reclaimed Water Box = Reclaimed Water Valve Q = Sanitary Sewer Manhole (O = Sanitary Cleanout o sANPs= Sanitary Sewer Paint Stripe V) = Section Corner E ,p; = Siamese Connection -a- = Sign ©= Sprinkler Control Box 'It/ = Sprinkler Head 3: M ST PS = Storm Water Paint Stripe 0 sB = Traffic Signal Box TP = Traffic Signal Pole v WPS = Water Line Paint Stripe ® = Water M eter 0 L D4 = Water Valve Wood Utility Pole o x� = Wood Light Pole _0 0 = Wood Post 'h = Point of Elevation °c 25.2' = Calculated Dimension from Structure 0 to Boundary / Right -of -Way Line E 0_ 0 0 ,- • r ON 'SECTR 5 ® so ?. RNG". T A S 15� Eel PINELLA "OUNT"'FLOTIA —627 BA Y E "PLANADE �S %Z € ast J1 s L ®. F HANDALAY CHANNEL CD E DDGK LOT 7, ` BLOCK 78, MANDALAY UNIT 5, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT '128'R (0 /A) . BOOK 20, PAGE 27, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. _ FND LEAD PLUG .... .. .. ....... C2 - CONTAINING 10451.15 SQ. FT. OR 0.24 A ES MORE OR LESS. 10 PLAT BNDY. 1 ,3' cONC. , c ® - THE ABOVE DESCRIBED PROPERTY APPEARS TO BE IN ZONE , (B.F.E.= 11), IN ACCORDANCE FND "z° WITH THE FIRM MAP OF PINELLAS COUNTY, COMMUNITY PANEL NO. 12103C- 0102 -G, MAP REVISED SEPTEMBER 3, 2003. ALL STEPS e' R Aq� D (' FND 'X' PREPARED FOR O.iJS. s BAY ESPLANADE.COM , LLC . • oxR.R ' `� STEPHEN G WATTS, , P.A. oor+c ' • AMERICAN PIONEER TITLE INSURANCE COMPANY Q.37R. . , RONRICK KERN .AND SUSAN KERN :'. .4 9' ,w ;• . POOL su 0 10 20 30 GRAPHIC SCALE A ARC LENGTH FPP F A/C CL D = PIN � N -FRAME PSY APPER 1 ��I = 10 ROCK AF = _ ALUMINUM FENS s ZONE LANE PT == PONT OF TANGENCY ALM ASPH ASPHALT GA ..: ° POOL DES r�~'.: ' ffi RAO - BFE BASE FL EtEVAT N $ HOG FENCE R - RECORD WILDING 141L = fM RATER LINE REF - REFERENCE •.` trY MARK alaFtq G BUSINESS ::. @ LOWEST RM V REGISTERED BRG = BEAFMG UM _ HORIZONTAL fl4G RID - ROUND LS a I= SURVEYOR RNG = RANGE R/ • CB = CHORD KmG MAS = VAMM R - RIGHT-T-RAY �1P CBS CONCRETE BLOCK SiRIliTIAtE HES s UTTERED END SECTION SCM a SET CONCRETE M NtSFNT AMEAN L N : v •• CL CEN HI RATER LIRE SEC - SECTION CN C EE YD. - MEAN SEA LEVEI. SET N&D = SET N& AND DISK RLS1 2512 • _ = SET 1/2' ROD RISE 2512 Ate Gib S0 = ARE OM = H&D 0 — POWER POLE :. :' of ; =' ` ?.@r:, ..:' �Q,` �� ='NA1 COK = N &T NAC. AND TAB. FENS - FIRE HYDRANT : COX o.2i. o - .:� ' m°`= OR ct's °_ MGkT}'$ NATIONAL GEODETIC Yt7tflCdl DATUM =STATE ROAD d - BOAT DAVIT :: us : a %�, ,ten, ON - _ sy s/W a SIDEWALK - - GUYtMRE ", .-� -, ,. g o. _ D = DEED OR _: OF'�CIAL RE TB = ,or BAR TEMPORARY BENCH MW T � aTKxF P- PLAT arc - - - -OVERHEAD ORES ,0:•' _ . =,.,. � • ' - ,. - •. .,. __ DRAINAGE L OF D = Y PB =PLAT M TOO - TOP OF BANK