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TDR2004-08009; SEE FLD2004-04029, PLT2004-00004
TDR2004-08009; SEE FLD2004-04029, PLT2004-00004 605 POINSETTIA AVE POINSETTIA PLACE CITY OF CLEARWATER APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (813) -562 -4567 FAX (813) 562 -4576 APPLICANT AND AGENT INFORMATION: APPLICANT'S NAME FL.Oep---,JCE-= . L—LC MAILING ADDRESS 2-5- ��ESt t� C Ni Si' �y��o 1 N ,, ►= l_ 34��t$ PHONE NUMBER 3¢ — (nb0 G FAX NUMBER : Z3 4 OOO G AGENT NAME r >.4-= L 'Ts - Er A. e L- 1 'TACT ! L) G MAILING ADDRESS t /034 cSAa^✓ ,eta 4e PL— PHONE NUMBER 733 -3 % 6 G FAX NUMBER : -733-3-76'1 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER MAILING ADDRESS PHONE NUMBER LEGAL DESCRIPTION STREET ADDRESS PARCEL NUMBER ZONING DISTRICT /3"lip 73 c — O DO FAX NUMBER '-no O L.n-r-'r 11 $ 1:2 — 13 L.LoG1c-S X36 1 UN lT 5� 3Lt�in1 (IF IN METES AND BOUNDS-`ATTACH A SEPARATE SHEET) DEC 0 8 2004 SIZE OF SITE : _�/ 2 75- 0- 2-6 .4 L'.. P1,ANININ �.,+3�YYVYLY'ViI CURRENT USE OF THE LOT i 1 LC49E2C-' LEARWATER PROPERTY 1 >D u PL-ay' Z) U^) iTS (# OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) HOW MANY DEVELOPMENT 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 _X_ NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? /} IS A HEIGHT INCREASE REQUESTED? YES NO IF YES, HEIGHT REQUESTED: 7. 25' Page 1 of 2 C��IGINAL SITE FROM WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER Dl G 1 O' 0,4 r) Aj ? F.4 Ae7-AJ LT"p MAILING ADDRESS 13 AY :S 1 0 C CL-L�.1 FL 33767 PHONE NUMBER 9 3 `7' 7 FAX NUMBER : 44-7— 6 84"7 LEGAL DESCRIPTION LCI-- 3 1 r 3 Z t 3 Z C L't-J EA�t� d RYS) S L7 B. (IF IN METES AND BOUNDS, ATTACHIA SEPARATE SHEET) STREET ADDRESS Z /0 D J Big, t 6 I+r Vx) A--r F?C PARCEL NUMBER 0 8/ 2 4// I ©�- °i 3 Z. " ©� O 3 2 Q Q2 ZONING DISTRICT T SIZE OF SITE $3cT7 r _'7 P, � /l 57 )T �� CURRENT USE OF THE PROPERTY 10 7T0WAJt+ort E,S �I4ra►. (# OF HOTEL ROOMS, DWELLING' UNIT4 COMMERCIAL FLOOR AREA, VACANT) �` v �'�� HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? PLANNING DEPARTMENT � CITY OF CLEARWATER HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO NaT Tn of-, •OL -jes THEEFF LLOWING 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 STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this application Sworn to and subscribed before me this day of are true and accurate to the best of my �' , A.D., MQQr&U to me and /or knowledge. by UnP H � -PAj / -1 Laos > who is personally known has produced Kcr ? a b- 6— as i entification. Signature of property owner or rep sentative 99tary public, my commission expires: ► ca . C ION M lie ► • Page 2 of 2 whose mailing address is 256 President Street, Dunedin, Florida 34698, Grantor *, and FLORENCE ENTERPRISES, L.L.C., a Florida Limited Liability Company, whose post office address is 603 Indian Rocks Road, Belleair, Florida 33756, Grantee. WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars and no/100 ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has sold, granted, bargained, assigned, set over and transferred to the said Grantee, and Grantee's successors and assigns forever, the following described property, situate, lying and being in Pinellas County, Florida, to -wit: D LOTS i 1 AND 12, A REPLAT OF BLOCKS 80 AND 81 OF UNIT 5 MANDALAY, according to the plat thereof DEC 0 8 2004 recorded in Plat Book 24, Page 80, Public Records of Pinellas County, Florida. PLANNING D :—PARTMENT CITY OF CLEAPWATER With a street address of: 605 Poinsettia Avenue, Clearwater, Florida 33767. * "Grantor" and "Grantee" are used for singular or plural, as context requires. SUBJECT TO: Easements, restrictions and reservations of record and taxes for the year 2003 and all subsequent years. Page 1 of 2 IGINL, (J�� NINELLAS COUN<Y, FLOii1DA - - ------------------------- - ---------- 1 a r: n .i.. —9 1: T B .,C1�71r� 0� 27 �00„ 0`�:0�..,1 :N:� 51 DED49ILLIPS /FLORENCE ENTERPRISE �. 00510 _2 ,..c- ; _ ___....... ID:03078115 RK:VjrF,,9 SPG:0206 EPG:02P'=, ht _ _.._ - -__.. RECOPOING 002 FATES 1 $10.56 Th:s instrument prepsrcd DOC STAMP - DR219 $2 '' F' ,450. 04, by and return to: ix �ect2�w .. A5D TOTAL: V_ 460. SP Thomas -W. Ruggles, P.A. 603 Indian Rocks Rot:d Beileair, f L 33756 -2055 ,•,r, ' — _ CNECK .TENDERED: $2,46+x.50 CM N�: $.00 k�rF BY PUTY CLERK .dye y I `..Z�J . _ __ 03-078115 FE8 -27 -2003 9 :0 ipr PG 28t P INELLPS CC SK 12562 1111111 II I I l 116 11111I II 11 1;111 nl n 11111114 WARRANTY DEED (Statutory Form - Section 689.02 F.S.) THIS INDENTURE, made this �`— �----- day of February, 2003, between WAYNE H. PHILLIPS, a married man, whose mailing address is 256 President Street, Dunedin, Florida 34698, Grantor *, and FLORENCE ENTERPRISES, L.L.C., a Florida Limited Liability Company, whose post office address is 603 Indian Rocks Road, Belleair, Florida 33756, Grantee. WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars and no/100 ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has sold, granted, bargained, assigned, set over and transferred to the said Grantee, and Grantee's successors and assigns forever, the following described property, situate, lying and being in Pinellas County, Florida, to -wit: D LOTS i 1 AND 12, A REPLAT OF BLOCKS 80 AND 81 OF UNIT 5 MANDALAY, according to the plat thereof DEC 0 8 2004 recorded in Plat Book 24, Page 80, Public Records of Pinellas County, Florida. PLANNING D :—PARTMENT CITY OF CLEAPWATER With a street address of: 605 Poinsettia Avenue, Clearwater, Florida 33767. * "Grantor" and "Grantee" are used for singular or plural, as context requires. SUBJECT TO: Easements, restrictions and reservations of record and taxes for the year 2003 and all subsequent years. Page 1 of 2 t�I�1 Warranty Deed by and between Wayne H. Phillips, a married man (Grantor) and Florence Enterprises, L.L.C. (Grantee) P INELLAS COLNTY FLA OFF,REC.BK 12562 PG 299 AND said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all other persons whomsoever. THE subject property is not now and has never been the Homestead of the Grantor, who resides at 256 President Street, Dunedin, Florida 34698. THIS DEED WAS PREPARED, EXECUTED AND DELIVERED WITHOUT BENEFIT OF AN EXAMINATION OF TF-1F. STATUS OF TITLE TO THE PROPERTY OR A SURVEY'rfiEREOF. Property Appraiser's Parcel No. - 05- 29 -15- 54810- 000 -011Q IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Witnesses: Print Name(1_ Print ame Rt�`iI,fIEI3. STATE OF FLORIDA } PLANNING DEPARTMENT COUNTY OF PINELLAS } CITY OF CLEARWATER The foregoing document was acknowledged before me on the day of February, 2003 by WAYNE H. PHILLIPS, whu: Mis personally known to me, or 0 is not personally known to ►Tie, who produced as identification. NOTARY PUBLIC mac, State of Florida at Large Commission Number & Expiration Datc: C. �Snsc. WPl�; wnents'• LttmeP14nniPePHILL1PS3hi '.n,sMomweLLC605WD.spd 'j^' TilCg10SW.gcgni., :.'s WY C041MrS310N Y DD06897 EXP!q�5 APril 8, NODS ;`.. �`.• BQNPFU TMRC TPOY fAIA MSUG 4h; E.NC Page 2of 2 ORIGINAL RECEIM'"D DEC 0 8 1004 PLANNING DEPARTMENT CITY OF CLEARWATER ,S�� s 7-a- I N ZONE- kol asilk,71,20 yi Patti Toe Z(rtbitCtt, Inc. `a. 7, v .. Jury 28, 2004 City Of Clearwater Planning Department 100 Myrtle Clearwater, FL n )) RE: Transfer Of Density 605 poinsettia Dear Sir, Please accept the following statements: G;( flit 1. The Deed Transfer of (1) one unit from 200 Brightwater will be recorded prior to the issuance of a building permit on the above referenced project. 2. The development rights reflected in the instrument of conveyance have not been conveyed to another person. 3. The development rights have not been previously used or exercised by another person. The sealed survey and zoning maps are attached as required. Should you have any questions or need further information do not hesitate to call. Sincer Pa a Archi" ct, Inc. Patricia M. Stough, AIA AR0010684 PMS laws CC: Gus Digiovanni 1634 SAN Roy DRIVE • DUNEDIN, FL 34698 • 727 -733 -3769 • AA C002103 Wells, Wayne From: Dougall- Sides, Leslie Sent: Thursday, February 22, 2007 10:51 AM To: Wells, Wayne Cc: Hollander, Gwen; Treuhaft, Linda Subject: Request for Legal Services, Special Warranty Deeds for TDRs Importance: High I have reviewed Attachment A and Attachment B and have the following comments: 1. Attachment A, , Case Nos. FLD2003- 12069/TDR2003 -12005 [130/200 Brightwater Drive]: a. This Deed is not a Special Warranty Deed; b. This Deed does not contain the covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. Therefore, this Deed does not meet the requirements of Section 4- 1402(3). 2. Attachment B, Case Nos. FLD2004- 04029/TDR2004 -08009 [200 Brightwater Drive /605 Poinsettia Avenue]: This Deed meets the requirements of Section 4- 1402(3). Gwen, please call Ms. Stough 733 -3769 and advise that her Deed is o.k. from City's standpoint for closing. Linda, please work with me to create a Special Warranty Deed form for applicants re Transfer of Development Rights. Attachment B above to Wayne's memo is a good starting point. Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources REQUEST FOR LEGAL SERVICES FORM TO: Lej I -, e- �p c )\- S; a FROM: W� ,rte W , Ext. No. AUTHORIZED BY: Department HETacrSignAufe COPY TO: Pamela K. Akin, City Attorney w/o attachments SUBJECT: Request for Legal Services Re: DATE: ZI 11 I 'D 7 Service Required: (Click on appropriate box) Review and comment on document (� Draft document ❑ Written opinion requested ❑ Advise ❑ 1. Brief factual background of the request or problem: 2. Specific questions to be answered: S e-e- - M'�Vo..6'0—a 3. Identify prior legal assistance on this or a related matter and the name of the attorney who handled it: . 4. List and /or at i (all supporting documentation, r, ad materials and known authorities, i.e., statute, ordinance, resolution, administrative code, legal case, contract, lease letter, memorandum, prior legal opinion): MEMORANDUM TO: Leslie Dougall -Sides FROM: Wayne Wells (Ext. 4504) VV M "" DATE: February 15, 2007 RE: Special Warranty Deeds for TDRs Section 4- 1402.3 requires Special Warranty Deeds (Deeds) for the transfer of development rights from a sending to a receiving parcel. As I have sent some Deeds to you in August 2006, I have had additional Deeds submitted for two projects that have been approved by the Community Development Board (CDB). Please review these Deeds to determine if these recorded documents meet the Code provisions in Division 14 of Article 4 (worded properly, contain any required Code references, etc.) and if there are any other documents, agreements, statements, etc. that should be submitted along with the Deeds. If there are changes to any of the recorded Deeds or if there are any additional documents necessary, I will coordinate with the appropriate applicant. Attached are copies of Deeds for the following projects: Attachment A —190 Brightwater Drive Attachment B — 605 Poinsettia Avenue Patti Stough has informed me of an urgent need to review at least Attachment B soon, as they have a closing next week. UAMy Documents\Request for Legal Services for review of TDR Special Warranty DeedsNemorandum to Leslie Dougall - Sides.doc ATTACHMENT B CASE NUMBERS: FLD2004- 04029/TDR2004 -08009 APPROVED BY CDB : JANUARY 18, 2005 RECEIVING SITE; 605 POINSETTIA AVENUE SENDING SITE: 200 BRIGHTWATER DRIVE UAMy Documents\Request for Legal Services for review of TDR Special Warranty Deeds\ATTACHMENT B COVER SHEET.doc This instrument prepared by and when recorded return to: Thomas W. Ruggles, P.A. 603 Indian Rocks Road Belleair, FL 33756 -2056 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2007039095 02/02/2007 at 12:13 PM OFF REC BK: 15616 PG: 1446 -1453 DocType:DEED RECORDING: $69.50 D DOC STAMP: $315.00 Parcel Number: 08/29/15/11488/000 /0001 SPECIAL WARRANTY DEED OF TRANSFER DEVELOPMENT RIGHTS. THIS SPECIAL WARRANTY DEED OF TRANSFER DEVELOPMENT RIGHTS ( "Special Warranty Deed ") is executed this .a C) day of December, 2006 by AGOSTINO GIUSEPPE DIGIOVANNI, a/k/a AGOSTINO DIGIOVANNI, ( "Grantor "), whose address is 163 Bayside Drive, Clearwater, FL 33767, and is delivered to FLORENCE ENTERPRISES, LLC, a Florida limited liability company, whose address is 2465 Grassmere Drive, West Melbourne, FL 32904. Grantor, in consideration of Ten and No /100 Dollars ($10.00), and good and valuable consideration, receipt of which is hereby acknowledged, does hereby set over, transfer, sell, and convey to Grantee, its successors and assigns: One (1) Transient Development Right (TDR) of the six (6) TDR's that are subject to being transferred heretofore allocated to Brightwater Townhomes, as recorded in Plat Book 126, Page 65, of the - Official Records of Pinellas County, Florida. A copy of said plat is being attached hereto as Exhibit "A" and incorporated herein by reference as the site from which the Transient Development Right will be transferred (the "Sender's Site "). The Grantee's Receiver's Site is now known as Park Place Townhomes, as recorded in Plat Book 130, Page 30, of the Official Records of Pinellas County, Florida. A copy of said plat is being attached hereto as Exhibit `B" and incorporated herein by reference. The Grantor, individually, and in his capacity as an authorized representative of its immediate predecessors in title of and to the property described in Exhibit "A ", confirms that said property shall be utilized in perpetuity for townhomes. The Grantor confirms that the subj ect property was unencumbered by mortgages at the date and time of the initial Density Transfer Deed, a copy of which is attached hereto as Exhibit "C ", as recorded in O. R. Book 14291, Page 298, Official Records of Pinellas County, Florida. The Grantor confirms that the " TDR" being transferred has not been previously used or exercised by another person or entity and has executed and delivered in furtherance of such agreement an understanding by and between the parties dated June 25, 2004. Grantor specially warrants the title to the transfer TDR and will defend Giantee's title to the TDR against the claims and demands of all persons claiming by, through or under Grantor, but against none other. Page 1 of 3 NOTE: THIS DEED IS NOT A CONVEYANCE OF REAL PROPERTY. ONLY TRANSFERABLE DEVELOPMENT RIGHTS, WHICH ARE NOT REAL PROPERTY ARE BEING CONVEYED. Signed, sealed and delivered in the presence of v Pri s cN�o� Print Name: A, 4~1c roa .1 sTGV sn� STATE OF FLORIDA COUNTY OF PINELLAS AGOSTINO GIUSEPPE DIGIOVANNI, a/k/a AGOSTINO DIGIOVANNI The foregoing document was acknowledged before me on the ,tea day of December, 2006 by AGOSTINO GIUSEPPE DIGIOVANNI, a/k/a AGOSTINO DIGIOVANNI, who: Lis personally known to me, or ❑ is not personally known to me, who produced as identification. NOTARY PUBLIC ,.o,►:P,� David L. Trouten Commission #DD303319 _,. = ' Z, Expires: M.�, 2008 State of Florida at Large ",. Bonded " Atlantic Bonding Co., Inc. Commission Number & Expiration Date: JOINDER AND CONSENT BRIGHTWATER TOWNHOM ES, LLC., a Florida limited liability company, has joined in the execution of this Special Warranty Deed of Transfer Development Rights to acknowledge and confirm of record the representations made by the Grantor hereof as to the property was unencumbered by mortgages at the date and time of the initial Density Transfer Deed and that the TDR being transferred has not been previously used or exercised. Dated this 30 day of December, 2006. Page 2 of 3 Signed, sealed and delivered in the presence of Print Nami -q STATE OF FLORIDA COUNTY OF PINELLAS BRIGHTWATER TOWNHOMES, LLC, a Florida limited liability company By: DiGIOVANNI PARTNERS, LTD., LEVIITED PARTNERSHIP, an Alaska limited partnership member n 1/ 1 /� --!� /,I r By: AG0S'T-1N-6-D"j6JOVANNI, as Trustee of the Agostino DiGiovanni Living Trust Agreement, general partner The foregoing document was acknowledged before me on the 30 day of December, 2006 by AGOSTINO DIGIOVANNI, as Trustee of the Agostino DiGiovanni Living Trust Agreement, general partner of DiGiovanni Partners, Ltd., Limited Partnership, an Alaska limited partnership, member of Brightwater Townhomes, LLC, a Florida limited liability company, who: JAI is personally known to me, or ❑ is not personally known to me, who produced as identification. kY L. T ;�;►P�; avid router COIIlII11SS10a #DD303319 � Expires' ar 24 2008 F1... 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NP8 b-0 I 0 P1 ' °.7. life 1"' zo 0 -9 bog Vo 10 HIS! 112, 2 9 9i I 1,11,5H ill, He 1 11198 14mb I I 'a'.' I Hi x C) t: 054� OV LU Ir 3 .3 z .0 w 4- a 0 Cc N" , .0 1 tttj'e, -_ a I #: 2005171723 BK: 14291 PG: 298, 05/04/2005 at -r, $18.50 D DOC P 'MP COLLECTION $0.70 KEN BURY COUNTY, FL BY 1 )TY CLERK: CLKPR03 mss. o ,`ro This document prepared. by and should be returned to: Emil G. Protest, Esquire Richards, Gilkey, Fite, Slaughter, Pratat & Ward, P.A. 1233 Park Street Clearwater, Florida 33756 DENSITY TRANSFER DEED 03:18 PM, RECORDING CLERK OF COURT PINM �c 01 y THIS INDENTURE made this __Z_, day of 2005, by and between BRIGHTNATER TOWNHOHNS, LL C, a Florida limited liability company, Party of the First Part, whose mailing address is 163 Bayside Drive, Clearwater, Florida, 33767 and AGOSTINO DIGIOVANNI, Party of the Second Part, whose mailing address is Post Office Box 163 Bayside•Drive, Clearwater, Florida 33767. W I T N E S S E T H: That the said Party of the First Part, for and in consideration of the sum of Ten Dollars ($10.00) to it 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, its heirs, and assigns forever SIR UNITS OF DENSITY from the following described land, situated lying and being in the City of Clearwater, County of Pinellas, State of Florida, to wit: All of BRIGHTWATER TOWNHOMES; as recorded in Plat Book 126, Page 65, of the Public Records of Pinellas County, Florida. TO HAVE AND TO HOLD unto the Party of the Second Part forever. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in Our Presence: -� -4, 0 14 IN E BRIGHTWATER TOWNHOMES, LLC, a Florida limited liability company By: DiGiovanni Partners, Ltd., Limited Partnership, an Alaska limited partnership, Member By: Agostino DiGiovanni, as Trustee of the Agostino DiGiovanni Living Trust Agreement, general partner PINELLAS COUNTY FL OFF. REC. BK 14291 PG 299 ame: r r STATE OF COUNTY OF By Francesco Carriera, Member I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, AGOSTINO DIGIOVANNI as Trustee of the Agostino DiGiovanni Living Trust Agreement, the general partner of DiGiovanni Partners, Ltd., an Alaska limited partnership, member of BRIGHTWATER TOWNHOMES LL Florida Limited Liability Company, personally, known to me or o is who has produced as identification, and he is the person described in and who executed the foregoing Density Transfer Deed and he acknowledged then and there before me that he executed the same as such trustee on behalf of said trust as'such general partner on behalf of said limited partnership as such member on behalf of said limited liability company, for the purposes therein expressed; and that the said Density Transfer Deed is the act and deed of said limited liability company. WITNESS my hand and .J1.0,ri.�2 2005 STATE OF Y/ COUNTY OF official seal this 2-6 day of ,�i Name: y,M,.r-t Notary Public Commission No. 'P-007-7-179— My Commission expires: 7 -1E I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, Francesco Carriera, member of BRIGHTWATER TOWNHOMES, LLC, a Florida Limited Liability Company, who is personally known to me or who has produced as identification and he is the person described in and who executed the foregoing Density Transfer Deed and he acknowledged then and there before me that he executed the same as such member on behalf of said limited liability company for the purposes therein expressed; and that the said Density Transfer Deed is the act and deed of said limited liability company. THE my hand and official seal this ��. day of 2005. EMIT G. PRATE91 N e 'r WODMMISSIONOW016se Notary Public E%PINES.hft T5. °005 r�wn..wa- P.5ft&AM". Commission No. My Commission expires:_ EGP /mk Egrp/ 2ndofc/ DiGiovanniA /DensityDeeds /BrtWtr Cr I I�,OjjA ? 'e5) sl \—y ?D P1 CL c21,QO n aRM 0 n� T CD o n Aso �mD C 0m-0 7Z o N V LO ((pyy a.pC N Om�c} ame: r r STATE OF COUNTY OF By Francesco Carriera, Member I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, AGOSTINO DIGIOVANNI as Trustee of the Agostino DiGiovanni Living Trust Agreement, the general partner of DiGiovanni Partners, Ltd., an Alaska limited partnership, member of BRIGHTWATER TOWNHOMES LL Florida Limited Liability Company, personally, known to me or o is who has produced as identification, and he is the person described in and who executed the foregoing Density Transfer Deed and he acknowledged then and there before me that he executed the same as such trustee on behalf of said trust as'such general partner on behalf of said limited partnership as such member on behalf of said limited liability company, for the purposes therein expressed; and that the said Density Transfer Deed is the act and deed of said limited liability company. WITNESS my hand and .J1.0,ri.�2 2005 STATE OF Y/ COUNTY OF official seal this 2-6 day of ,�i Name: y,M,.r-t Notary Public Commission No. 'P-007-7-179— My Commission expires: 7 -1E I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, Francesco Carriera, member of BRIGHTWATER TOWNHOMES, LLC, a Florida Limited Liability Company, who is personally known to me or who has produced as identification and he is the person described in and who executed the foregoing Density Transfer Deed and he acknowledged then and there before me that he executed the same as such member on behalf of said limited liability company for the purposes therein expressed; and that the said Density Transfer Deed is the act and deed of said limited liability company. THE my hand and official seal this ��. day of 2005. EMIT G. PRATE91 N e 'r WODMMISSIONOW016se Notary Public E%PINES.hft T5. °005 r�wn..wa- P.5ft&AM". Commission No. My Commission expires:_ EGP /mk Egrp/ 2ndofc/ DiGiovanniA /DensityDeeds /BrtWtr Wells, Wayne From: Wells, Wayne Sent: Friday, February 23, 2007 7:34 AM To: Patti Stough (E -mail) Subject: 605 Poinsettia Avenue Patti - As you may already know, the City Attorney's office approved the Special Warranty Deed for the Transfer of Development Rights for the project at 605 Poinsettia Avenue. Accordingly, I have changed the Certificate of Occupancy - Zoning condition on BCP2005 -04039 to "met ". Wayne N LONG RANGE PLANNING DEVELOPMENT REVIEW Ms. Patti Stough Patti the Architect, Inc. 1634 San Roy Drive Dunedin, FL 34698 ITY OF C LEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4576 RE: Development Order - Cases FLD2004- 04029 /PLT2004- 00004 /TDR2004 -08009 605 Poinsettia Avenue Dear Ms. Stough: January 20, 2005 This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code.. On January 18, 2005, the Community Development Board reviewed your requests for (1) Flexible Development approval to permit eight attached dwellings (townhomes) with a reduction to the front (west) setback from 15 feet to 11.3 feet (to building), reductions to the rear (east) setback from 20 feet to 8.52 feet (to the northeast corner of the ground floor of the building), from 20 feet to 5.52 feet (to ground floor stoop) and from 20 feet to 8.02 feet (to second through fourth floor balconies), an increase to building height from 35 feet to 37 feet (to roof deck) with an additional four feet for perimeter parapets (from roof deck) and an additional 12.67 feet for a roof top pavilion (from roof deck) and to permit parking that is designed to back into the public right -of -way, as a Comprehensive Infill Redevelopment Project under the provisions of Section 2- 803.C, (2) Transfer of Development Rights for one dwelling unit from 200 Brightwater Drive, under the provisions of Section 4 -1403 (TDR2004- 08009) and (3) Preliminary Plat approval for eight townhome lots (PLT2004- 00004). The Community Development Board (CDB) APPROVED the applications with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2- 803.C; 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3 -913; 3. The proposal is in compliance with Beach by Design; and 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. 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 a special warranty deed, specifying the number of dwelling units being conveyed or sold from 200 Brightwater Drive 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 200 Brightwater Drive due to the transfer of BRIAN J. AUNGST, MAYOR - COMMISSIONER HOYr HAMIL TON, VICE MAYOR - COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER BILI.JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" January 20, 2005 Stough — Page Two development rights. Any mortgage holder of the sending site (200 Brightwater.Drive) shall consent to the transfer of development rights prior to the issuance of any permits; 3. That either a subdivision plat or a Unity of Title be recorded in the public records prior to the issuance of any permits; 4. That all plans indicate a 12 -foot radius canopy for the 12 -inch DBH oak tree to the rear of the property prior to the issuance of any permits; 5. 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 rights) -of -way shall be installed 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; 6. That all Fire Department requirements be met prior to the issuance of any permits; and 7. That all Parks and Recreation fees be paid 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 (January 18, 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 -502.13 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 February 1, 2005 (14 days from the date of the CDB meeting). 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.Mclearwater.com/ og v /depts /planning. *Make Us Your Favorite! Si erely y Cynthia H. Tarapani, AICP Planning Director S: (Planning DepartmenAC D BIFLEX (FLD)Ilnactive or Finished Applications lPoinsettia 605 Poinsettia Place (T) - ApprovedIPoinsettia 605 Development Order.doc