ANX2003-08022
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ANX2003-08022
24698 US HIGHWAY 19 N
Date Received: 8/25/2003
;EORGE C CLARK INVESTMENTS L Tl
ZONING DISTRICT: ?
LAND USE:
ATLAS PAGE: 254B
CL WCoverSheet
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There are three options:
1. Forget the whole thing;
2. Annex in only Parcel I;
3. Get all the property owners of the "enclave area to annex in concurrently
Zoning Map with Site Highlighted
The problem is
that the area
highlighted in
green is in the
County AND
not part of this
application.
Annexing your
site,
highlighted in
yellow would
create an
enclave (the
area
highlighted in
green). That is
illegal.
Zoning Atlas
.....1.... :4:'
2548
Owner George C. Clark Investments, LTD. Case: A NX2003-08022
Property Size Acres): 12.63
Site: 24698 U.S. Highway 19 North
~_(")_W C::i7~ I A,....o~l. 1 A~
Land Use Zoning
Parcell: R/O/R CP-1 (County) PIN: 06/29/16/09072/000/1000
From: Porcelli: RU R-6 (County)
To: Parcell: R/O/R C (City) Atlas Page: 2548
Parcel II RU MDR ICitvl
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APPLICANT NAME:
CITY OF CLEARW~R
PETITION FOR ANNEXATION
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
MAILING ADDRESS:
PHONE NUMBER:
FAX NUMBER:
PROPERTY OWNERS:
~..~&Vf-
(List all 0 ners)
, i!
i i
AUG 2 1 2003
~ '_J '___
MAILING ADDRESS:
'1/ /V'l j o EtNSDN ) _ J D 1f-r{f1t>f\J 1 1i;>e: e:r At-. : ;'U\;
qll CAt~;{-^J- &r:-l f'JI<.~r...Jo..k I ft.r "'jJ7str
72-7 -1b/-/6/E FAX NUMBER: 727 - ~2-l>~fDS-
AGENT NAME:
PHONE NUMBER:
STREET ADDRESS:
PROPOSED DEVELOPMENT INFORMATION:
5ee-TIt/IJ ~ TJ1IP Zq j,iJ7lIP,?,
~//
,
SEI3 f}1111-d+6i:J 5(.,//2(/0/
. ~;4/w~eI'.:
dr/)~ 4rM/l v.s.lI" /1
LOCATION
LEGAL DESCRIPTION:
PARCEL NUMBER:
6"--;;t <1- n..- 09 D '7 ~ -OOD -1000 -../ 0 f.,,- J... Cj- i lc- CRt"), ~-CC>i:>-1 "d..tX:>
. -./J;JT1 VE-
ZONING: 513€ IJ rrl9CI-/I!!i:J vlJtq-' LAND USE:
EXISTING CATEGORIES:
PROPOSED CATEGORIES: ZONING: LAND USE:
EXISTING USE AND SIZE: (!v~7Z-y VUJitJ A-.3 t"WJI?JIU.!: J4IHL PI912Ic...
(number of dwelling units, hotel rooms or square footage of nonresidential use)
PROPOSED USE AND SIZE: /i1//t,TlPIJt11/LV /2-/38/06tV71rrL- J17VO {]tJl1"J#eaL/~L
/
(number of dwelling units, hotel rooms or square footage of nonresidential use)
SIZE OF SITE:
I (we), the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS
representations made in this application sw~orn to and subscribed before me this 2-1 ~ day of
are true and accurate to the best of mY~f~-r-- ,A.D., ~1.-tJt>3 to me and/or
knowledge. qer>1I:I',6' e. ~ !"'rt-;SrfVI.e~, L:{t:> by ~ -~4<- c... ('Jo-.k , who is personally
~:. qoU'\~c... ~ el\~~~I/"'e, ,'''' ~ know s pr6ltuced as
X~: ~ ~471~~ ~ ./ #' ./.",.. identificaf. p OF E
Si ature of op Y owner frep{t;6nt~eN7 Notary public, "" ..-y '0 UMBER
~i-^'!i ,.. COMMISSIONN
my commission i J?. <( 00064364
Signature of property owner or representative 7/. <f MY COMMISSION EXPIRES
<.<' o n\.O OCT. 11,2005
Annexation (ANX) Petition and Disclosure Statement.docPage 3 of 4
. CITY OF CLEARW~R
PETITION FOR ANNEXATION
DISCLOSURE STATEMENT
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
PROPERTY OWNER NAME:
ADDRESS:
t..T
,~ 7~.J
ES
NO
NAME:
ARE THERE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY? YES
LIST ALL PARTIES TO OPTION:
NAME:
NAME:
ARE THERE ANY MORTGAGES OR LIENS ON THE PROPERTY? YES NO
MORTGAGE HOLDER(S) NAME:
LIEN HOLDER(S) NAME:
I (we), the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS
representations made in this application Sworn to and subscribed before me this ZI ~ day of
are true and accurate to the best of my ~, A.D., ~~ to me and/or
knowledge. t:.eTJl27e C. tAfi-f!./L/NiI~Mby 0 iwersonally
1hJ.. --:91 r. u,..../t (..,J,A^", I It ~/!-Tb kno n h pr p .QFFlCIALNOTARY SEAL as
.0 ' ~ '-,."'J.c4.., ke, ~~.~.f) identification. 0' ... .-n//..
~. 'F 0 ,'()~"~ ~ ~ ~ ~ COMM~S~~:~~MBER
" ~ ~- '0 ~ 7", ~ 4? MY COMMISSION EXPIRES
81g ture of pr r'ty"m\I'OM'"representa Ive ;' <" OFf'-O OCT. 11,2005
Signature of property owner or representative
Annexation (ANX) Petition and Disclosure Statement.docPage 4 of 4
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ANNEXATION NARRATIVE
(This narrative is attached to an annexation petition dated 21 August, 2003)
SUMMARY: The application being submitted herewith this Annexation Narrative* is
being submitted concurrent with a re-zoning application and involves one contiguous parcel.
The parent parcel is approximately 27 acres in size and the parcels under consideration in the
annexation petition are approximately 26 acres in size. All of the property referenced in this
application is under unified ownership. The parcel under consideration as part of this application
involves essentially two (2) distinguishable and contiguous parcels. There are four (4)
contiguous parcels under the same ownership which are located south of, and contiguous to, the
parcels which are requested to be annexed but these parcels are already within the city limits of
the city of Clearwater. Two (2) of the four (4) parcels are the subject of a proposed re-zoning
application being submitted concurrent herewith. The action being requested, if approved, will
result in the entire parent parcel containing approximately 0.75 acres of commercial zoning
fronting Sunset Point Road, 13.36 acres of multifamily zoning (10 U.P.A.), 9.17 acres of
multifamily zoning (7.5 U.P.A.) and 3.46 acres of commercial zoning fronting U.S. Highway 19.
THE PARCELS: The parcels being submitted as part of this annexation petition can be
identified as follows:
Parcel I: This parcel is approximately 3.46 acres in size fronting U.S. Highway 19. This
parcel has a current land use of R/O/R and commercial zoning. This parcel is being
sought to be annexed into the city limits of the city of Clearwater as well as being re-
zoned to Commercial ("C").
Parcel II: This parcel is approximately 9.17 acres in size and is located west of Parcel I
and north of Parcel III. This parcel has a current land use of residential (7.5 U.P.A.) and a
zoning of MHP. This parcel is being sought to be annexed into the city limits of the city
of Clearwater as well as being re-zoned to Medium Density Residential ("MDR" -7.5
U.P.A.).
INCIDENTAL PARCEL: Immediately west of Parcel I is Lawson Road. Separate from
the applications being submitted this date the applicant will seek to have Lawson Road vacated
for that portion north of the south boundary of Parcel I. The right-of-way for Lawson Road came
from Parcel II and is 0.35 acres in size. Therefore, if this area is annexed and then vacated, this
area will become part of the parent parcel.
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ADDITIONAL TERMS: On or about August 25, 1998, the applicant and the city of
Clearwater executed an agreement entitled "Agreement." A copy of this agreement is attached
hereto and is incorporated by reference into the annexation petition. The applicant hereby seeks
as part of the annexation, and as part of the concurrent re-zoning, that the city of Clearwater
recognize the terms of said agreement over the entire parent parcel.
PROJECT DESCRIPTION AND CONCLUSIONS: The ultimate project will be a mixed-
use commercial and residential project. Pursuant to the requested zoning, and upon unification
under city jurisdiction, the project will be a mixture of residential and commercial uses. It is
expected that there will be somewhere between one point five (1.5) acres to two point five (2.5)
acres of commercial combined with the residential uses resulting in somewhere between 240 and
250 residential units. These figures are very preliminary at the time of the submittal of this
application and do not include the uses of the parcels not subject to this application. This project
should be welcomed as an improvement to this area. The entire parent parcel is being sought to
be included entirely within the city of Clearwater and to be developed as one master planned
project of commercial and residential uses. The proposed use is consistent with the future land
use map categories and no land use change is proposed and are consistent with the uses in this
area. The mobile home park is highly degraded and undesirable and the area has become highly
transient and the parcel is under utilized. The proposed multifamily use is the appropriate
transition from commercial and retail uses and combining and re-zoning these parcels will help
in developing a successful project.
*Please refer to a similar Re-zoning Narrative submitted with the Re-Zoning Application.
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INST . 98-274289
RUG 26, 1998 3:35PM
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AGREEMENT
(Sewer Only)
THIS AGREEMENT. made on ~ .:U;j- ,1998, between the CITY OF
CLEARWATER, a municipal corporatiOiJ. ("City"), and GEORGE C. CLARK
INVESTMENT, lTD., a Florida limited partnership.("Owne('):
QUNTY FLA.
p 11'1E:U.RS C 216 PG 221
OfrRECBK 10
W J I H .E ~ i I; I J:I;
WHEREAS, the Owner now owns the real propertY described herein on Exhibit
"An. located outside the municipal boundaries of the City (the "Property"):
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The Property is a'so known as the Tropical Breeze Mobife
Home Park;
and
WHEREAS, the Owner desires to connect the Property to the City sanitary
s~erseNices;and
.-
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i-~S ~ NOW, THEREFORE, in consideralion oIlhe mutual Promises contained herein.
the,parties agree 8S follows:
;T.~~ The City agrees 10 P<<>Vide sani!aly sewer SeMcc 10 the Pmperty, subject
to the tenns of this Agreement. and to permit the Owner to connect to its sewer main(s)
at the Owner's expense.
WHEREAS, the City desires to provide sanitary sewer services to the Property:
2. The City agrees not impose sanitary sewer 'impact fees (connection
charges) in excess of $14.400.00.
3. The parties agree:
a. that the Owner shaD pay to the City $14,400.00 in sanitary sewer
impact fees (connection charges) upon execution of this Agreement.;
b. that upon commencement of the receipt by the City of sewage from
the P,uperty, mobile home residents located on the Property shaR pay nonnal monlhly
sewer service charges to the City on the same basis as Sewer users outside the
municipal boundaries are charged. as set out in the COde of Ordinances of the City.
until the property is annexed;
s '!,.
c. that recreation land, recreation. facilities and open space 'and
dedication and fees required to be paid by the Code of Ordinances. which. shall not
6t~Y'e~W;t; 1;j 'M31";\\lN3'~
Stltl XOH ::OH.:JO lS0d .)
;~:' . }!U~nO AlIO ;t';"~
:01 Nt'~l:!H .;.:;'~j,;J
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PINELLAS COUNTY tLA,
orr,REC,8K 10216 PG 2~2
exceed $67,816.00. will be due upon annexation in the manner prescribed in Sections
116.40 through 116.51, Code of Ordinances.
d. that at such time as it becomes possible for the City to annex the
Property, this Agreement will constitute an application to annex at that time, and the
City will have the right, upon sixty (60) days written notice to the Owner, to initiate
action to annex the Property Into the City;
e. that upon annexation, that portion of the Property which has a
residential land use designation and zoning shall be land use designaletJ Residential
Medium and zoned RM 16 and that portion of the Property which has a commercial
land use designation and zoning shall be land use designated Residential/Office/Retail
and zoned CH, Commercial Highway.
"
i
f. Ulal it is to the mutual benefit of the Owner and the City, in
recognition of the eventual incorporation of the Property within the City, to have site and
building plans reviewed and accepted by the City in advanC'.& or obtaining any requisite
permit from PineJlas County. Acceptance of such plans shall precede the execution of
this Agreement by the City and any construction on the Property shall comply with the
applicable building and fire codes in effect in the City;
g.. that the Property shall be deemed a single parcel subject to
annexation as provided herein, and any subparcels of the Property which are created
by subdivision or by any other means shall be induded for the purposes of the
SUbsequent annexation procedure. subsequent sale and individual ownership
notwithstanding;
h. that the teons 'of this Agreement shall be a covenant which shall
run with the land and shall bind and be enforceable against the Owner, its successors
and assigns; and
i. if either party defaults under this Agreement, and the other party
institutes legal proceedings to enforce its terms, the prevailing party shall pay all costs
of such proceedings including the payment of a reasonable attorneys fee (including
paralegal fees and fees on appeal) in connection therewith.
5. The City shall not be liable for any damage resulting from any unavoidable
cessation of selVice caused by Act of God, necessary maintenance work. or any cause
beyond the control of the City.
6. All notices to be furnished hereunder shall be furnished to the City of
Clearwater, to the City Manager, P.O. Box 4748. Clearwater. Florida, 337584748 and
to the Owner at the post office address for the property described above. at any other
address which may be furnished by the Owner (rom time to time, or at the address for
the Owner according to the property tax rolls of Pinellas County, Florida.
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P U</ELLA5 COUNTY f"LR.
Ofr.REC.BK 10216 PO 223
7.
Florida.
This Agreement shall be recorded in the public records of Pinellas County,
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be
executed the day and year first above written.
WITNESS AS TO OWNER:
OWNER:
GEORGE C. CLARK INVESTMENT,
LTD., a Florida limited partnership
By: C;';~p &.{b -'""do../'
Print Name: 'e.d~:r~ C. t'.! q,r"=
(J,,/l-rl Gro..{ Pa. r"'n u-
~~:nU t:. ~
~ nt rlam~: ;Lh 'IN E. €. 5 e /t /l-S
JJ::mT J!.i[ t~~d~",
STATE OF FLORIDA )
COUNTY OF PINElLAS )
The foregoing Instrument was aCknOWledged before me this cR~ay of ~ 7 ....st:
1998, by George C. Clark. as general partner of George C. Clark Investment, Ltd., [who
is personal~ known to ~( who produced as
identification). ~ ~ iL,.. .. t
WITNESS. my hand and official seal this ~ day of 1 )8S , 1998.
~ T- {!.x a.cW-
Notary pubric LJ., / J
Notary Name (print/type) [('Vl T l\ -f:t:lq CT
My Commission Expires: ~~ It 1200 I
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W~"('~ Ann T......
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IIOllIlQI "'-'1Iar__
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CITY OF CLEARWATER, FLORIDA
By. _L
Michael J. Robelto
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
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PINC~~AS COUNTY FlA
OFF.RrC,BK 10216 PG 225
EXHIBIT "A"
l'iJrcel J:
lol Ten ( 10) Of ./'tr:I<OllHN .SUOD I VI S lON, .lr:cClnfj ng r.o mill) or D I at
llter,eor as n:cllnJl:" In Plat OOI)k 2"', ,J,'lyn 62, I'll/IIi.; Hncurds uf
Pi Ilellas Counl" J:Jor idil.
"..tree I ll:
'he North sno.o h:cl of tot 11. Blfd;KUURN SUlJI)IVISUW, Cts
n!l:onJcd ill('lilll)C)llk 2"', J>"'ye 62, puhllc nr.c;(}nJ~; uf Pinellas
ClIunt y, r- lor hlil, 1.1".55 it l r ncL on L he! IJr:nL s i fI(: (h:m;r HIed ill:
(ul lows: Fruin L111: Nf)rlhwp.~l COYner uf uilld lut II fur it J'UhlL ul"
Ueginning, Tun parallcl La the center line of County Road J94,
~;oU[h 09 cJeg, 46'13- East 220.47 f~et. theru;e SlllJth 1 deg.
02'38- West SOD feet; thence North 09 deg. "6'13- lJest 229.92
feet, thence alm\\J the \.rest side of said tot II, N~lrth I deg.
12'2B- East 506.0 feet to the Point of BegInning, alW less and
Crcept the Easlc!rly 60 feet of lot II reserveu fOT Toad
right-oF-war faT Lawson Road. recorded in O.R. Dook 535. Page
612.
~'arcel III:
The South 270 feet of the North 778 feet of lot II, OlACKGURH'S
::;UBOIVISION. accnrdlng to the JDap 0" plat thereof as recorded In
Plat Book 2<1, "ane 62. uf the F'ubJic Hecords of I);nelJas Counly,
I lOT Ida. U:5S lhe r;.l:lt 1,0 fep.t thr.rr;:of fl,,. rU,l,) T J.,hl-llf-w,lY (ur
I ilWSon ROc1d. H!l;nrtlt:fI i" O.R. Oook ~13=1, I)il~m 4 J 2, itflll cl J so U:S!i
lhe t.lest <25 feel thp.r~of fur F lur itl.. POW'~r Line;).
I';Jrcel IV:
~~ullth 230 feel of "hr. North 101~ r(~(;l of tal J J. 1lI.ACKBUU/Il'S
\jllUOIVISII)N. ill:l:ordiny llr the IlIaJl or II)..l thr-:n;uf as (P.CUTllP.d In
"Ial Oook 2", "ayC I,Z, uf the flubl ie '{(:(;ords or 1';1)1:1 JiJS COUflly.
florida. LESS lh,; Eo'l!il 60 feet fur ri!)ht-c,f-Will Ilr I.awsun Uu;",.
itS recorded in U ,fl. !.look 535. Page b I:! _
less and except frum Parcel~ II. J J I, clnd ,V that part deecJc(' I.u
F lor ida Power Corporaljoo..,. /llPT.e particularly described as
rlJllows: Beginning at a Pbint on the t.lest bOUnrMry of lot: II,
IJlACKElURN'S SUllUIUJStO'''. run NOrth 0 dc~. :;4 '2::r [;;)8L 260.25
feet from the !.l)uI.IIWP.!il corner of !}"I" 1.I)t 11, t))Jmr:e N,/rl:h 0
.reg, 5""23" Eitsl 1015.46 feet, lher~e North Oy dcg. 56"9- East
?2B.~7 feet. lflP.nr:~ !;Illlth 0 dec.J_ :)~t,o- Wl~sl 1()15.44 feel.
PACE 1 Of 2
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EXHIBIT "A"
CONTINUED
PIN[llRS COUNTY fLA
Orr.REC.BK 10216 PG 226
lhence Soutll U9 df~g. 56'1?- \JesL 12<'.12 reel to the Point or
IIcgJnnlny.
Pt\RCEl V:
t'\ portion or VilCi\led r.ullnly Hoad Nu. '94. V,l(:a!.ioll reconlp.d ill
Il.Ie UOok ,f'JIM, PaUf~ 'JO:), IYlny III Sl~r;til)n (" lowlUihilJ "1:9
South. Ranoe 16 (~~t. Plr~JJas County, florida oescrlbcd as
(ullows: Commcnl:iuQ al th~ Northeast r.OTlK!T uf ~)t"...;'(;.f1in is.
'lIWllsh;p 29 Soulh, Uanyc 16 fast, fJinell.,s CUlInly: ~(;lorida:
thence North 09 deu. "'.I' 13- Wes~, a disl.anr.e Ilr- 100.00 feet to A
{Joint on the \JeSl riuht of wuy J fne of lI.S. lIighwi'lY 19. also
"eilllJ the Pofnl IJf Ileulllning: thl~1)Cf: Soulh 01 "~IJ. 02'3U. \JClSt,
'llclflg said IJp.nl r(9'.l liT "';ty J Ine (,f II.!;. l/iH'IWily I'tl, il dfslull(:c~
lIt 33.00 feet; l:hcllI;C Nurth O') deg. .f6'J:J- lJ(ll~l, .1lnny the Nnrth
I tile of iJCACI<f;IHCN'S SlIlJlllVISION, as rc!curded in I'1.'Jl (Jool< 2.f,
".llJe 62. /..,h f it: U':';l)nJ:i I)f p t ne I Iii!; 1;l)lmLy, F Inr; lht, ,1 di stiUll:C
uf 1003.39 feeli thence North 01 dCQ. 02-30- Cast., .1 distance of
:1:).00 feet; thf!l1C;e Snllth n9 rley.' -1It'I:)- Eal.t, il Ifir.tOfW;P' uf
11)():l.]9 feel /.CI Un: "uinl or lJeHillllin~J.
I. OS5 and .'C"",t Lhal ""lIon thereof """"",,,,r i" 11.11. Ilook "".
I'''YI! 619 and dc:scrilJelJ as fol lows:
I:Umlllence at lhe NlJrlheiJst corner of Section 6, TOl.rm;hip 29
South, Range 16 East, PineJJas County, Florida: thcnce North 69
clf~U. 46'J3- ~e;5t, it distance of IOU.OO feet to a Imint on the
ur.st right-oF-war I ine or u.s. Highway 1.9, also lIeiilg the Point
'If Oeg(nnlng: thclu;c SouLh 01 deg. 02'Ja. UeGt, illuny said West
r ight.-of-"'ar J ine Of U.S. HIghway 19, a distance of 10.00 feet;
lhence North 09 IIl!9. ~1t'13- Wcul. i'l clistillacC of :j(,C).OO feet;
Llt1mc::e North 01 ck,oy. 02'3U- East, a distance of ~.:iO feel;
'-hence North 0'1 dey. ~6 '13- IJest, a distance of 44J .J'} feet;
'-hence North Ot deg. 02'30. East, a distance. of 12.50 reel;
'''ence SOUlh O. {leg. '. '13. Eas., . ,Ii..,,~.., ..r '<10:1.3' feel to
I.I,r. Po (nf. uf Oeyi Hili I~I.
PAGE 2 OF 2
MAR. 28. 2003 10:31AM
ATT~VS TITLE INS FUND
e
NO. 2488 P. 3/10
FUND COMMITMENT
Schedule A
Commitment No.:
Effective Dille: March 21, 2003 III 8:00 am
Fund File Number 04-2003-1555
Agent's FUe ReferelU:e: ClarklLong Bow
1. Policy or Policies to be issued:
Proposed Amount olInsurfUlce
OWNER'S: OPM ALTA Owner's Policy (l0117/92). (If other, specifY.) $5,000,000.00
Proposed lnsured:
Long Bow Corporation
MORTGAGEE: N/A
Pl'opose4Insured:
2. The estate or mterat ill the 'ad described or referred to in this commitment is a fee simple IUId
title thereto is at the effective date Jaereofl1ested in:
George C. Clark Investments, Ltd., a Florida Limited Partnership
3. The land referred to in this commilment is described as follows:
Legal description set forth on "Exhibit "A" attached.
AGENT'S SIGNATURE
1721 Rainbow Drive
Clearwater, Fl34616
2/ (}WIfU:)
AGENT NO.:
ISSUED BY:
Rev. 1.2
Page 1 olS
IYltll\. LO. LVV.:l IU:j/AM
AII.YS TITLE INS FUND
e
NO. 2488 P. 4/10
FUND COMMITMENT
Schedule B
Commitment No.:
Fund File Number 04-2003-1555
I. The foUowing lITe the requirements to be complied with:
1. Payment olthe full consideration to. or for the account oJ. the grantors OT mortgagors.
2. Instruments creating the estate or interest to be insured which must be executed. delivered
IInd filed JOT record:
a) Wamnty Deed from George C. Clark Investments, Ltd., a Florida limited partnership.
executed by a general partner(s) with authority, to the proposed insured purchaser(s).
b) Quit Claim Deed from George C. Clark and Dorothy Clark, husband and wife, to Long Bow
Corporation to the proposed insured purchaser(s}. (as to the permanent sewer utility
easement)
3. A determintltion must be made thllt there are no unrecortkd special assessment liens or
unrecorded liens llrising by virtue of ordinances, unrecorded agreements tIS to impact or
other development fees, unpaid WIIStJ! fees payable to the county or municipality. or unpaid
service chllrges under Ch. 159, F. S., or county ordinance.
4. Satisfactory evidence must be furnished establishing that George C. Clark Investments, Ltd.
is a limited partnership in good standing under the laws of Florida from date of purchase
through the present [or date ofthe recording ofthe deed of sale (if back in the chain)].
5. Satisfactory evidence, in the form of an affidavit, must be furnished to establish that the
general partner who executed the deed on behalf of George C. Clark Investments, Ltd., a
Florida Limited Partnership is not a debtor in a bankruptcy proceeding.
6. An affidavit from one or more general partners should be recorded stating: (I) that the
general partner executing the deed or mortgage is authorized to convey and mortgage the
limited partnership's real property; (2) that the limited partnership has not been dissolved;
and (3) that the limited partnership agreement has not been revoked or amended to prohibit
the subject transaction.
7. Satisfactory evidence must be furnished establishing that Long Bow Corporation is a
corporation duly organized, validly existing, and in good standing under the laws of its state
of origin (at date of purchase and at the present time, or at date of purchase and at date of
sale). If there is no governmental agency in charge of corporate records from which a
certificate of good standing can be obtained, then an attorney or notary public in the state or
country of origin, who has examined the appropriate corporate records, can provide the
certificate.
8. Satisfaction or proof of non-Identity relating to the judgments andlor liens against Dorothy
Clark or a similar name, certified copies of which are recorded in the following O.R. Books
and Pages: 5638/924.
Page 2 of5
!VIR/t LO. LVVj IV:jIAM
AI I~YS TITLE INS FUND
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NO. 2488 P. 5/10
FUND COMMITMENT
Schedule B
Commitment No.:
Fund FUe Number 04-2003-1555
9. Satisfaction or proof of non-Identity relating to the judgments andlor liens against George C.
Clark or a similar name, certified copies of which are recorded in the following O.R Books
and Pages: 8778/628, O.R. 9281/2325 and O.R. 9450/1003.
lO- Mfidavit of compliance with statutOl)' requirements pursuant to 723.072, F.S., must be
recorded in the public records, or in the alternative, an affidavit from the park owner that no
homeowner's association has been fanned pursuant to 723.075-.079, F.S.
II. Schedule B of the policy or policies w be issued will contain exceptitJns to the JOUowing matters
unless the same are disposed ofw the satisfaction of The Fund:
1. Defem, liens, encumbrances, tulverse claims or other matters, if any, created,first
appearing in the public records or attaching subsequeftt to the effective date hereof but
prior to the date the proposed insured acquires for value of record the estate or interest or
mongage thereon covered by this commitment.
2. Any owner and mortgagee policies issued pursuo.nt hereto wiU contllin under Schedule B
the stIl1ldll1Vl exceptions letforth at the inside cover Tureofunlas an afftdllVit of possessIon
Ilnd a slltisfadory current survey are sub",itte4, an inspection of the premises is made, it is
determined the current year's taxes or special assessments h4ve been pllid, and it is
determined there is nothing of record which would give rise to construction liens which
could take priority Oller the intetest(s) insured hereunder (where the liens would otherwise
take priority, submission of waivers is necessary).
3. Federlllliens tUfd judgment luns, if any, filed with the Floridtl Department of State
pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.101, et seq., F.8., respectively, which
designate the Florida DeptU'tment of Stllte as the pliIce for filing federal liens and judgment
liens against penon41 propetty. For insuring purposes:
(a) Pursuant to Sec. 713.901, et seq., F.s., personll' property includes, but is not
limited to, ",ongages, leaseholds, mongages on leaseholds, interests in cooperative
IISsociatiolJ$, vendees' interests, and options when those interests lU'e held by a
pll11nership, corporation, trust or decedent's estate; and
(6) Pursuant to See. 55.201, et seq., F.S., personal property includes, but is not Umited
to, leaseholds, Interests in cooperative llSSoclations, wm4ees' interests, IlIUl optitJns
regardless of the type of entity holding such interests, including individlUlls. (!iote:
Mortgages hlll/e been specificaUy e.uluded from the personal property interests in
which ajudgment lien may be acquired under the provisions of Sec. 55.201, et sefJ.,
F.S.)
4. Easement in favor of Florida Power Corporation, contained in ins1rument recorded Febroary
5,1969, in O.R. Book 3008, Page 441, Public Records ofPineJlas County, Florida.
Page 3 of 5
MAK. Ltl. LUU3 lO:31AM
ATT~VS TITLE INS FUND
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NO. 2488 P. 6/10
FUND COMMITMENT
Schedule B
Cotnmitmsnt No.:
Fu.nd File Number 04-2003-1555
5. Easement in favor of Florida Power Corpora.tion, contained in instrument recorded December
3,1971, in O.R. Book 3675, Page 64, Public Records ofPineUas County, Florida.
6. Easement in favor of Florida Power Corporation, contained in insttument recorded October 4,
1972, in O.a. Book 3892, Page 231, Public Records of Pin ell as Colmty, Florida.
7. Easement in favor of Farm Stores, Inc., contained in instrument recorded February 28, 1975,
in O.R. Book 4264, Page 816, Public Records of Pin ell as County, Florida.
8. Easement in favor of Pinel1as County, contained in instrument recorded August 30, 1979, in
O.R. Book 4905, Page 1294, Public Records of Pin ell as County, Florida.
9. Easement in favor of Pin ell as County, contained in instrument recorded August 30, 1979, in
a.R. Book 4905, Page 1296, Public Records of Pin ell as County, Florida.
10. Easement in favor of Pin ell as County, contained in instrument recorded August 30, 1979, in
O.R. Book 4905, Page 1298, Public Records of Pine lIas County, Florida.
11. Easement in favor of Pin ell as County, contained in instrument recorded August 30, 1979, in
O.R. Book 4905, Page 1299, Public Records of Pin ell as County, Florida.
12. Lease from John G. Ritchie to Bay Area Outdoor Advertising, Inc., recorded December 28,
1990, under O.R. Book 7459, Page 2313, Public Records oCPinellas County, Florida.
13. Tenns and Conditions of Agreement recorded in O.R. Book 10216, Page 221, Public Records
ofPinellas County, Florida.
14. Memorandum of Lease recorded in a.R. Book 11245, Page 559, Public Records of Pine lIas
County, Florida.
1 S. Easement in favor of Florida Power Corporation contained in instrument recorded July 25,
1946 in Deed Book 1086, Page 570, Public Records ofPinellas County, Florida.
16. Reservations and other matters as set forth in instrument recorded in O.R. Book 1445, Page
395, Public Records of Pin ell as County, Florida.
17. Easement in favor of Pine lias County contained in instrument recorded January 7, 1955 in
Deed Book 1513, Page 354, Public Records ofPinellas County, Florida.
18. Reservations and other matters set forth. instrument recorded in O.R. Book 4048, Page 1565,
Public Records of Pine lIas County, Florida.
19. Notice recorded in a.R. Book 6338, Page 848, Public Records of Pin ell as CoWlty, Florida.
(shown for informational purposes)
20. Note; A twenty-year name search was performed on the proposed insW'Cd for WlSatisfied
judgments and tax liens (state and federal and other liens for the recovery of money) and
Page 4 015
MAR. 28. 2003 10:32AM
.
ATTORNEYS TITLE INS FUND
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NO. 2488 P. 7/10
FUND COMMITMENT
Schedule B
Commitment No.:
Fund File Number 04-2003-1555
personal names were checked for unrestored incompetency and for guardianship proceedings,
all of which resulted in the following, if any: None Found of Record.
Page 5 of 5
MA~. 28. 2003 10: 32AM
ATT~YS TITLE INS FUND
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NO. 2488 P. 8/10
# ~ .
Lef!aJ Daerlutfoll'
Parcel I: KNOWN AS TROPICAL BREEZE MOBILE HOME PARK.
Lot ten (1~) BLACKBURN SUBDIVl8ION. according to map of plat thereof as recorded in Plat
Book 24, ~age 62, Public Records oIPinellas County, Florida.
Parcel n: :
The Nortb~ 508.00 feet of 101 II, BLACKBURN SUBDIVISION, as recorded in Plat Book 24,
Page 62, ~blic Records ofPinellas County, Florida; LESS a tract on the W~ side dcmcribcd as
foUows: F;rom the Northwest comer of said lot 11 for a Point of Be sinning, 1'UJl parallel to the
center line: of COWlly R.oad 194, South 89046'13" East 228.47 feet; thence South 01002'38"
West S08.QO feet; thence North Sgo46'13n West 229.92 feet, thence along the West side of said
lot 11, Noftb 01012'28" East 508.00 feet to the Point of Beginning, and Less and Except the
Easterly 6Q feet of lot 11 rcsCI:Ved for road right-of..\Vay for Lawson Road. recorded in O.R.
Book S35, Page 612. '. .
Parcel DI: !
The South ~70 feet of the NoIth 778 feet oClot II, BLACKBURN SUBDIVISION, according to
the map OT;plat thereof as recorded in Plat Book 24, Page 62. oithe Public Records of Plncllas
CoWtty. Flqrida, LESS the East 60 feet thereof for road right-of-way for Lawson Road, recon:led
in O.R. BoOk 535, Page 612, and also LESS the West 225 feet thereof for Florida Power lines.
Parcel IV: ;
The South 23S.fee1 of the Nonh 1016 feet of lot II, BLACKBURN SUBDIVISION, according
to the map or pl~ thereof as recrorded in Plat Book 24, Pap 62, of the Public; Records ofPineUas
County. FI~rida, I..ESS the East 60 feet for right-of-way of Lawson Road as Rcorded in O.R.
Book 535, Page 612
LESS ~ EXCEPT from pan;els n, Dl and IV ~at part deeded to Florida Po\Ver COl'poration,
more partiqdarly described as follows: Beginning at a pOint on the West boundary of lot 11,
BLACKBtJltN SUBSMSION, run Nonh OQS4'23" East 260.2:5 feet from the Southwest comer
of said lot Ii, thence North 0054'23" East 1015.46 feet, thence North 89D56'19" East 228.47
feet., thenccjSouth ODS2'lOt7 West 1015.46 feet, thence South 89056'19" West 229.12 feet to the
Point of Beiinning.
Parcel V:
A portioD Qf vacated Cowny Road No. 194, vacation recorded. in O.R. Book 4906. Page 903,
lying in SeCtion 6, Township 29 South., Range 16 E~, PineIJas County, Florida described as
follows; C~mmencing at the Nonbeast comer of Section 6, TO\VDShip 19 South, Range 16 East,
Pinellas Co~, Florida; thence Nolth 89046'13" West, a diStance of 100.00 feet to a point on
the West rijbt-of-way line oiU.S. Highway 19, also being the Point ofBeginningj thence South
01002'38" "'est along said West right~{.WllY line of U.S. Highway 19) a distance 0(33.00 feet;
thence No~ 89046'13" West. along the North line of BLACKBURN SUBDIVISION, as
recorded in iPlat Book 24" Page 62, Public Records of Pinellas County, Florida.. a distance of
1003.39 feet; thence North OID02'38" East a dis~c of 33.00 feet; thence South 89C146.13"
East, a distahce of 1003.39 feet to the Point of Beginning.
IVIIi It L (1. L U U j I U : j LAM
A I I ul y ~ III L I: INS FUND
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NO. 2488 P. 9/10
::
LESS ANP EXCEPT that portion thereof cOlWcyed in O.R. Boot 4921) Page 619 and described
as folIow~:
Commc:nc;e at the Northeast comer of Section 6, Township 29 Sou1b, Rance 16 East, Pinellas
County, ~orida; thence North 89046' 13" West, a distance of 100.00 feet to a point on the West
rigbt-of...,*y line of U.S. Highway 19, also be1Dg the Poiat of Beginning; thence South
01002'38'1 West, along said West right-of-way line of U.S. Highway 19, a diatance of 18.00 feet;
thence N~nh 09046'13" West, a discanc;e of 560.00 feet; rhence North 01002'38" East, a
distance or S.50 feet; lhence North 89046'13'" West a distance of 443.39 feet; thence North
01002'38: East, a distance or 12.50 feer; thence South 89046'13') East, a distance of 1003.39
feet to the Point of Beginning.
TOGETHER WITH
Lot 6 leas ~e Easterly 250 feet thereof, together with thai ponion of lot 11, lying Southerly of a
Westerly ~tenaion of the Northerly line of lot 6. less the Easterly 60 feet thereof. and less the
W cmcrly 230 .feet thereof; lot 12, less the Easterly 60 feel thereof, and Jess the Westerly 230 feet
thereof an:d l~ that portion lying Southerly of the Collowing described tiDe; from the
intetsCCtioit oCthe Westerly line of LaW$OD Avenue, and the Northerly line ofSWe Road 588,
run North;01002'38'' East 68.1 feet for a Point of Beginning; thence NOJth 89046'13" West
I
107.54~; then.:e South 70a33'26tt West 90.34 feet; thence North 67059'30" West 37.76 feet;
thcuce Soilth 70~3'26" Weat 171.45 feet to the point of ending and vacated portion of
Blackburn 1Street lying W csr.erly of the Westerly line of the Easterly 60 feet of lots 11 and 12,
lying Easie.rly ot the Ftcrida Power Corporation right--of-way, all in BLACKBURN
SUBD~ION, acconting to the map of plat thereof as recorded in Plat Book 24, Page 62, of
the Publici Records of PincUas County, Florida, TOGE'I1i~ WITH, a road right-of-way
described is follows: Commence at the intersection oftbe Westerly right-of-way line of Lawson
A venue and the Northerly right-of-way line of State Road S88; thence along the Northerly right-
of-way ~ of Sate Road 588, South 70033'16" West 106.12 feet to the Point of Beginning;
thence coniinue along the Nonherly right-of-way line of State Road 588, South 70Q33 '16" West
31.84 feet;: thence North 00008'34" East 106.14 feet; thence North 70033'26" East 9.03 feet;
thence South 89046'13" East 21.49 feetj thence South 00008'34" West 98.46 feet to the Point of
Beginning. .
TOGEttmR WITH
A pottion QflOII2, BLACKBURN SUBDIVISJON, as recorded in Plat Book 24, Page 62) of the
Public Rec9rds of Pinellu County, Florida. being more particularly described Il8 follows: From
the in~tion of the Westerly rightooOf-way lino of Lawson Avenue and the Northerly right-of-
way line of State Road 588 as a Point of Beginning. nm South 70D33'16" West along the said
Northerly line of State Road 588. 90.20 teet; thence run North 00008'34" East along the
Easterly I~ oCihat 30 {OOl strip oiled conveyed to Dynamic Investments, Inc. (see O.R. Book
3481, Pagd 261, PubIio Records of Pino11es County, Florida) 98.46 feet; thence run South
89046'13" East 86.05 teet; thence run South 01002'38" West along the Westerly right-oC.way
line ofLa.w~n Avenue 68.10 feet to the Point of Beginning.
TOGE'IHER WITH
MAR. 28. 2003 10: 33AM
ATTO~YS TITLE INS FUND
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NO. 2488 P. 10/10
. .. ~
! .
. ;
A p~t se~ utility easement under, over, along and upon the below dcscn"bed land with
the rightofuae. maiDtouance, installation and repairs of same ovec and upo.., said property:
Commence at the inrersection of rho Westerly right-of-way line of Lawsan
A~eu\&e 3ISd the Northerly right-of-way line of State R.oad S88; thence along lite
N~crly right-of.way line of State Road 588, &11th 70033'16" West, 153.80
f~ thence continue along said rigbt-of way line South 19~6'44" East 10.00
fee~; thence continuing along said right-of-way line South 70033'16" West 71.85
fe~ to the Point of'B~g; thence continue alcmg said right-of-way line South
70~.3'16" West, 10.26 feet; thence NOIth O6032'SO" West, 138.50 feet: thence
So~rh 700]3'26"l!aIt _~~3 feet; thence South 67aS9'30~ East 1.48 feet; thence
So~th 060)2'50" East 13.7.49 feet to the Point of Beginning.
along with all of lhc right. title and interest oC George C. and Dorothy Clark in and to the sewer
line and pipes numing through tli, above described property.
.
.
CDB Meeting Date:
Case Number:
Agenda Item:
DRAFT
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
George C. Clark Investment, LTD.
REPRESENTATIVE:
Tim Johnson (Tampa Bay Engineering, Inc.)
LOCATION:
24698 U.S. Highway 19 North.
REQUEST:
(a) Annexation of 12.63 acres of property and 1.45 acres of
the abutting Lawson Road right-of-way to the City of
Clearwater;
(b) Land Use Plan amendment of 3.46 acres (Parcel I) from
the Residential/Office/Retail (R/O/R) (County) to
Residential/Office/Retail (R/O/R) (City);
(c) Land Use Plan amendment of 9.17 acres (Parcel II)
from the Residential Urban (RU) (County) to the
Residential t1fflm1 (R~ (City);
l.... f't-oJ. J,,.,
(d) Rezoning of 3.46 acres (Parcel I) from the CP-l,
Commercial Parkway District (County) to C,
Commercial District (City); and
(e) Rezoning of 9.17 acres (Parcel II) from the R-6,
Residential, Mobile Home Parks and Subdivisions
District (County) to MDR, Medium Density Residential
District (City).
SITE INFORMATION
PROPERTY SIZE:
Parcel I: 150,718 square feet or 3.46 acres
Parcel II: 399,445 square feet or 9.17 acres
Total: 550,163 square feet or 12.63 acres
Staff Report - Community Development Board - October 21, 2003 - Case ANX2003-08022 Page 1
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e
or ?I~Ep"~rrS OF SITE:
PROPEk\i- USE:
Current Use:
Parcel I: 269 feet wide by'S60feet deep
Parcel II: 1,015 feet wide by 44.3 feet deep
Proposed Use:
Parcel I: Mobile home park
Parcel II: Mobile home park
Parcel I: Retail sales and service
Parcel II: Multi-family dwellings
PLAN CATEGORY:
Current Category:
Proposed Category:
Parcel I: Residential/Office/Retail (R/O/R) (County)
Parcel II: Residential Urban (RU) (County)
Parcel I: Residential/Office/Retail (R/O/R) (City)
Parcel II: Residential Urban (RU) (City)
ZONING DISTRICT:
Current District:
Proposed District:
Parcel I: (CP-l), Commercial Parkway District (County)
Parcel II: (R-6), General Professional Offices District
(County)
Parcel I: (C), Commercial District (City)
Parcel II: (MDR), Medium Density Residential District
(City)
EXISTING
SURROUNDING USES:
North: Attached dwellings
South:
East: Vehicle sales and display
West: Florida Power right-of-way
ANALYSIS:
This annexation involves a 12.63-acre property consisting of two parcels, located at the terminus
of Lawton Road of McMullen Booth Road and Allen Avenue together with the adjacent Lawton
Road right-of-way consisting of 1.45 acres. The property is contiguous with the existing City
boundaries to the north and south therefore, the proposed annexation is consistent with Florida
Statutes with regard to voluntary annexation. The applicant is requesting this annexation to
receive sanitary sewer service. The required impact fees will be paid at the time building permits
are issued, as well as the cost to extend water and sewer service to the property. It is proposed
that 1.57 acres of the total site have a Future Land Use Plan designation of Residential/Office
General and a zoning category of Office District.
I. IMPACT ON CITY SERVICES:
Water and Sewer
The applicant receives water service from Pinellas County. Sewer service is currently provided
by the City of Clearwater and capacity for the project is available for this utility. The closest
sewer line is located in the adjacent Lawton Road right-of-way.
Staff Report - Community Development Board - October 21, 2003 - Case ANX2003-08022
Page 2
e
.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within the East Police District and service will be administered through
the District 3 Substation located at 2851 McMullen Booth Road and County Road 580. There
are currently 56 patrol officers and 7 patrol sergeants assigned to this district. Community
policing service will be provided through the City's zone system and officers in the field. The
Police Department has stated that it will be able to serve this property and the annexation will not
adversely affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to the property by Station #48 located at
1700 North Belcher Road. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The proposed annexation is consistent with promoting the following goals and objective of the
City of Clearwater Comprehensive Plan:
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
5.0 Goal- the City shall not permit development to occur unless an adequate level of service
is available to accommodate the impacts of development. Areas in which the impact of
existing development exceed the desired levels of service will be upgraded consistent
with the target dates for infrastructure improvements included in the applicable functional
plan element.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
Staff Report - Community Development Board - October 21,2003 - Case ANX2003-08022
Page 3
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III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
The site currently includes two parcels with Residential/Office/Retail (3.46 acres) and
Residential Urban (9.17 acres) Future Land Use Plan designations, Parcel I and II, respectively.
Parcel I is currently zoned Parkway Commercial in the County and this annexation request
proposes to rezone that parcel to the Commercial District. Parcel II is currently zoned
Residential, Mobile Home Parks and Subdivisions District and this annexation request proposed
to rezone that parcel to the Medium Density Residential District.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
The Future Land Use Plan of the site is Residential/Office/Retail (Parcel I) and Residential Urban
(Parcel II) (County) and will have a Land Use Classification of Residential/Office/Retail (City)
with a maximum FAR of 0.4 and Residential Urban (City) with a maximum denstiy of 7.5
dwelling units per acre.
V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff and
Pinellas County staff have reviewed this annexation and determined it complies with all
applicable ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the north and south and represents a logical
and appropriate extension of the existing boundaries. The compactness standard of Florida law
requires that the annexation does not create an enclave or a serpentine pattern of municipal
boundaries. The annexation of this property is consistent with this standard with no new enclave
being created.
In summary, the annexation of this property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Staff Report - Community Development Board ~ October 21, 2003 ~ Case ANX2003-08022
Page 4
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.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sewer, solid
waste, police, fire and emergency medical services without any adverse effect on the service
level. The proposed annexation is consistent with both the City's Comprehensive Plan and is
consistent with Florida law regarding municipal annexation through its adjacency with existing
City boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following actions on the request:
1. Annexation of 12.63 acres of property and 1.45 acres of the abutting Lawson Road right-of-
way to the City of Clearwater;
2. Land Use Plan amendment of 3.46 acres (Parcel I) from the Residential/Office/Retail
(R/O/R) (County) to Residential/Office/Retail (R/O/R) (City);
3. Land Use Plan amendment of 9.17 acres (Parcel II) from the Residential Urban (RU)
(County) to the Residential Urban (RU) (City); and
4. Rezoning of 3.46 acres (Parcel I) from the CP-1, Commercial Parkway District (County) to
C, Commercial District (City); and
5. Rezoning of 9.17 acres (Parcel II) from the R -6, Residential, Mobile Home Parks and
Subdivisions District (County) to MDR, Medium Density Residential District (City).
Prepared by Planning Department Staff:
Mark T. Parry, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
Staff Report - Community Development Board - October 21, 2003 - Case ANX2003-08022
Page 5
.
.
S:\Planning DepartmentlC D BlAnnexationslANX - 20031ANX2003-08022 George C Clark Investment 24698 US Hwy 19 NlANX2003-08022
staff report. doc
Staff Report - Community Development Board - October 21,2003 - Case ANX2003-08022
Page 6
.
.
CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
loNG RANGE PLANNING
DEVELOPMENT REvIEW
August 25,2003
Mr. David Healey, AICP
Executive Director
Pine lIas Planning Council, Suite 850
600 Cleveland Street
Clearwater, Fl33755
Mr. Brian K. Smith
Director
Pinellas County Planning Department
600 Cleveland Street, Suite 750
Clearwater, FI 33755
Captain Michael Touchton
Strategic Planning
Pinellas County Sheriff s Office
P.O. Drawer 2500
Largo, FI 33779
Re: Notice of Voluntary Annexations (ITEMS NO.: ANX200I&.&X2003-08018;
ANX2003-08019; ANX2003-08020; ANX2003-08021; & ANX2003-08022)
Dear Mr. Healey, Mr. Smith & Captain Touchton:
Pursuant to Section 6(2) of the County Ordinance No. 00-63, the City of Clearwater is hereby
notifying the Pinellas Planning Council of its receipt of six (6) new applications for voluntary
annexations of real properties located at 2160 Range Road, 500 Dora Drive, 1100 South Keene
Road, 2386 Dora Drive, 2525 Druid Road and 24698 U.S. Highway 19 North, respectively, into
its jurisdiction. The subject properties are located within the City of Clearwater Planning Area
and upon the annexation will be served by City of Clearwater sanitary sewer service. The
proposed annexations are consistent with Florida law regarding municipal annexations through
their adjacency with existing city boundaries and are compact in concentration, or are located in
an enclave that is surrounded by city property on all sides and is within the borders of the City's
planning area. The proposed annexation at 2525 Druid Road has a Future Land Use Plan
amendment involved with it.
BRIAN]. AUNGST, MAYOR-COMMISSIONER
ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
HoYT HAMILTON, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
I-
I
.
.
August 25, 2003
Healey, Smith & Touchton - Page Two
A warranty deed including the legal description, survey site plan and maps associated with these
properties are enclosed.
The following schedule has been tentatively established for the review of these applications by
various City boards. Should any of the following meeting times and/or locations change you will
be contacted immediately.
10/21/03
Community Development Board, meeting starts at 2:00 p.m. in the City
Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue
11/20/03
City Commission (first reading), meeting starts at 6:00 p.m. in the City
Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue
12/4/03
City Commission (second reading), meeting starts at 6:00 p.m. in the City
Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue
Your early response will be greatly appreciated. Please do not hesitate to contact me at (727)
562-4553, should you require additional information.
Sincerely,
~il:-
Marc A. Mariano
Planner
CC: Gina Clayton, Long Range Planner Supervisor
Leslie Dougall-Sides, Assistant City Attorney
Michael Quillen, City Engineer Directory
Art Kader, Assistant Park and Recreation Directory
S:IPlanning DepartmentlC D BlAnnexationslANX - 2003\ANX2003-08017 J.c. Weaver 2160 Range RdlAnnexation Ltr to PPC-Sept
DRC(ANX2003-08017; 08018; 08019; 08020; 08021 & 08022).doc
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SEP-29-2003 14:10
727 464 4155 P.01/01
.
TRAi.~SMISSION
PINELLAS COUNTY
PLAl~~NG DEPARTMENT
600 CLEVELAND STREET, SUITE 750
CLEARWNrER, FLORIDA 33755
(727) 464-8200
FAX: (727) 464.8201 SUNCOM: 570-8200
Date ~.cJ- ~- 0 3 '..
To: ((t)~- ~ .___. ",p',_____
FAX # sb.~ - +1::j-f.. Pages: ~including this cover sheet)
From:_. ____.....
PINELLRS COUNTY PLRNNING
. .~
FAX
J
Subject:
Comments:
(Please call, if this transmission is unreadable
or missing pages).
-
4PAf ~ ~~
--
H:\CDR\PCPD-FAX.cdr, PMWs, 4/9/'03.
.......
1;1
.-1
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TOTRL P.01
. ,
SEP-29-2003 14:12
PI . RS COUNTY PLRNNING
~ 727 464 4155
P.01/01
.
PROPOSED ANNEXATION
ANX2003-08022
.. CLEARWATER CITY LIMITS
lIB PROPOSED ANNEXATION SITE
r~~7] PROPOSIW SECTION TO BE LEFT
PINELLAS COUNTY
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PINELLAS PLANNING COUNCIL
.~
September 9, 2003
COUNCIL MEMBERS
James Marcus Vernon, Attorney at Law
1721 Rainbow Drive
PO Box 6474
Clearwater, FL 33755
~'~" ..'l".""'.....'..ll.'....mx.... .
~'I'~"
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Mayor Robert H. DiNicola, Chm.
Mayor Robert Jackson, Ph.D., Vice Chm.
Mayor Frank DiDonato, D.C., Treas.
Commissioner Calvin D. Harris, Sec.
Vice-Mayor Pete Bengston
Mayor Jerry Beverland
Councilmember Sandra L. Bradbury
Mayor Tom De Cesare
Councilmember Bill Foster
School Board Member Jane Gallucci
Commissioner Bob Hackworth
Commissioner Hoyt Hamilton
Commissioner Nadine S. Nickeson
::'S~p ll!O L~~3
pkf\j~~'~e~,~iltfv1im-r
(;eiWO.ce~eAR4~AleR
Density Attributable to a Body of Water
RE:
Dear Mr. Vernon:
David P. Healey, AICP
Executive Director
In response to your written request for information, we have researched the parcel in question
and find that the pond area is designated "Water/Drainage Feature" on the Countywide Future
Land Use Plan (FLUP) map. The plan designation is not shown as an overlay, but rather is the
principal category applied to this pond. The overall size of the pond is approximately five acres,
with some two acres of the total located in the Florida Power right-of-way.
Given its present designation, and according to the Rules Concerning the Administration of the
Countywide Plan (the Rules), Section 2.3.3.8.1 ("Density aild Intensity Standards") and Division
7.2 ("Submerged Land"), density can only be attributable to the pond if the pond was created as
a function of development that is recorded on an approved final site plan or other authorized
development order action of the local government with jurisdiction, and was not initially
considered submerged land. Such local approval or verification would need to be
confirmed/determined by the local government with jurisdiction over the parcel, in this instance
Pinellas County.
If the site is to redevelop, the pond can remain classified as it is now, except that the Drainage
Overlay designation should be added in accordance with Section 6.3.8.3.1 of the Rules. This can
be done as an administrative FLUP map adjustment at the time of site plan approval.
In brief, the portion of the pond area attributable to this site may be used to calculate density to
be used on the adjacent uplands of the subject site based on the existing adjoining FLUP
category of Residential Urban (7.5 units per acre), provided that you can establish that it does not
qualify as submerged land based on the above-referenced defmition.
Please let me know if you have any questions or comments by calling 464-8250.
Sincerely,
~~l~L7
Executive Director
cc: Paul Cassel, Director, Pinellas County Development Review Services Department
Gina Clayton, City of Clearwater Planning Department
600 CLEVELAND STREET, SUITE 850 . CLEARWATER, FLORIDA 33755-4160
TELEPHONE (727) 464-8250 . FAX (727) 464-8212
www.co.pinellas.fl.us/ppc
,.
. .
JAMES MARCUS VERNON
Attorney at Law
Professional Engineer
Georgia
113 West Jefferson Street
P.O. Box 1313
Madison, GA 30650
Tel. No. (706) 343-1197
Fax No. (70a.343-1011
Heceived
Florida
1721 Rainbow Drive
P.O. Box 6474 (33758)
Clearwater, FL 33755
Tel. No. (727) 447-4444
Fax No. (727) 446-6213
September 3, 2003
SEP - 3 2003
Pinellas Planning
BY HAND DELNERY THIS DATfouncil
David Healey, Executive Director
Pinellas County Planning Council
600 Cleveland Street, Suite 850
Clearwater, Florida 33755
Re: Density Transfer from Man-Made Body of Water
Dear David,
As I am sure you will recall, you and I met two or three weeks ago regarding the application of the
county wide planning rules to parcels of property which are man-made bodies of water constructed
from historic uplands. I had forgotten to correspond with you regarding this meeting and I am now
completing my final due-diligence.
Attached please fmd two aerial photographs showing the site in question. You will notice that one
of the aerials is marked "1926" and the second aerial is labeled "2002." On these aerials you will
notice that the site resembles the rough configuration of an" F." The land use for this general area
is 7.5 units per acre. It is my client's intent to transfer the density from the retention pond to the
balance of the site. You and I had discussed that i(it could be established that the borrow pit had
been excavated from uplands, the owner of the parent parcel could receive the density of 7.5 units
per acre for the acreage of the borrow pit.
......
Please review the attached aerial photographs. If you agree with my assessment of the aerials that
the borrow pit was excavated from uplands and if you agree with my understanding of the rule as
discussed above, could you please confirm this understanding in writing. As referenced above, I am
trying to fmalize my preliminary work on this transaction and your quick response would be
appreciated.
Sincerely,
---~
--
JMV IIh
Ene.
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I
INST # 88-274288 .
RUG 26, 1888 3. 35PM I
PINELLRS COU~T~GFL~21
OFF.REC.8K 1021
AGREEMENT
(Sewer Only)
THIS AGREEMENT, made on Jf'^-r.2~- ,1998, between the CITY OF
CLEARWATER, a municipal corporatio , ("City"), and GEORGE C. CLARK
INVESTMENT, LTD., a Florida limited partnership,("Owner");
W j I N E SSE I H:
WHEREAS, the Owner now owns the real property described herein on Exhibit
"A", located outside the municipal boundaries of the City (the "Property"):
1:. i":'\/:~:' ;<':'::",s,o
:~'::":'.:: ,. "re'~
;:..: ...... 2:;"
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The Property is also known as the Tropical Breeze Mobile
Home Park;
and
I:. ....
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..-:~..~..~ WHEREAS, the Owner desires to connect the Property to the City sanitary
.... ~-.-':~..s.ewer services ; and
(~. .
~':' .
'. ,-" .. .. .. .-... - WHEREAS, the City desires to provide sanitary sewer services to the Property:
~,~.;/ :.:~~ NOW, THEREFORE, in consideration of the mutual promises contained herein,
__..._' __.__Jhe parties agree as follows:
TC, 'J(;filJ~ The City agrees to provide sanitary sewer service to the Property, subject
to the terms of this Agreement, and to permit the Owner to connect to its sewer main( s)
at the Owner's expense.
2. The City agrees not impose sanitary sewer impact fees (connection
charges) in excess of $14,400.00.
3. The parties agree:
a. that the Owner shall pay to the City $14,400.00 in sanitary sewer
impact fees (connection charges) upon execution of this Agreement.;
b. that upon commencement of the receipt by the City of sewage from
the Property, mobile home residents located on the Property shall pay normal monthly
sewer service charges to the City on the same basis as sewer users outside the
municipal boundaries are charged, as set out in the Code of Ordinances of the City,
until the property is annexed;
c. that recreation land, recreation facilities and open space land
dedication and fees required to be paid by the Code of Ordinances, which shall not
ehlt."p(if'::' "'!j' jtj'"1 !\'!,\!'!!:lV3'1"
O,..t.V ',Jj","'.~/'..J t. ~..Lvnt tJ
Bt'L/:.?:)1.}j{J lSOd
}Hd~fl:') A.1!O
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:01 Ntl013H
,.",... ''',,''
"'.
1
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.
PINELLRS IOUNTY FLR.
OFF .REC,8K 1~216 PG 222
::
exceed $67,816.00, will be due upon annexation in the manner prescribed in Sections
116.40 through 116.51, Code of Ordinances,
d. that at such time as it becomes possible for the City to annex the
Property, this Agreement will constitute an application to annex at that time, and the
City will have the right, upon sixty (60) days written notice to the Owner, to initiate
action to annex the Property into the City;
e. that upon annexation, that portion of the Property which has a
residential land use designation and zoning shall be land use designated Residential
Medium and zoned RM 16 and that portion of the Property which has a commercial
land use designation and zoning shall be land use designated Residential/Office/Retail'
and zoned CH, Commercial Highway.
f. that it is to the mutual benefit of the Owner and the City, in
recognition of the eventual incorporation of the Property within the City, to have site and
building plans reviewed and accepted by the City in advance of obtaining any requisite
permit from Pinellas County. Acceptance of such plans shall precede the execution of
this Agreement by the City and any construction on the Property shall comply with the
applicable building and fire codes in effect in the City;
g.. that the Property shall be deemed a single parcel subject to
annexation as provided herein, and any subparcels of the Property which are created
by subdivision or by any other means shall be included for the purposes of the
subsequent annexation procedure, subsequent sale and individual ownership
notwithstand ing;
h. that the terms -of this Agreement shall be a covenant which shall
run with the land and shall bind and be enforceable against the Owner, its successors
and assigns; and
i. if either party defaults under this Agreement, and the other party
institutes legal proceedings to enforce its terms, the prevailing party shall pay all costs
of such proceedings including the payment of a reasonable attorney's fee (including
paralegal fees and fees on appeal) in connection therewith.
5. The City shall not be liable for any damage resulting from any unavoidable
cessation of service caused by Act of God, necessary maintenance work, or any cause
beyond the control of the City.
6. All notices to be furnished hereunder shall be furnished to the City of
Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748 and
to the Owner at the post office address for the property described above, at any other
address which may be furnished by the Owner from time to time, or at the address for
the Owner according to the property tax rolls of Pinellas County, Florida.
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PINELLRJ COUNTY FLR.
OFF.REC.BK 10216 PG 223
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Florida.
This Agreement shall be recorded in the public records of Pinellas County,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
WITNESS AS TO OWNER:
OWNER:
GEORGE C. CLARK INVESTMENT,
LTD., a Florida limited partnership
By: C;~ $J6.kv.lv
Print Name: ae.t1rJe C. L/ a.rk.
tJ:r1W'l~' Pa. "..'tn u-
~ ;~Y~CIt~
~ T~e~ A
Pri t Name: ;1 T !: -ec;...c1~~
STATE OF FLORIDA
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this cRG;;ay of ~1""5~
1998, by George C. Clark, as general partner of George C. Clark Investment, Ltd., [who
is personal!y known to m~[ who produced as
identification]. () ~
WITNESS my hand and official seal this ~ day of
~~ ,1998.
~ T tJ<<-cUJ
Notary Public Lh_ I;:? I
Notary Name (print/type) LlVl/\ . {\ -e:a.0 t/r
My Commission Expires: _fl).l{, 120 () I
.......~~t~'""
1'IJ.:i:'~" Ann T I:I.~..-
.... . - MY . '_T
~,,~ J*! COMMISSION # CC64 .
"J,~ .....~~.. April 29, 200~ IJtPIHEIJ
p.::, tji. BONDED THRu TIIOu..
. ",N INSUIWIct, iN4~
CITY OF CLEARWATER, FLORIDA
By:L
~
Attest:
Michael J. Roberto
City Manager
Cynthia E. Goudeau
City Clerk
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PINELLRS COUNTY FLR.
OFF.REC.BK 10216 PG 224
STATE OF FLORIDA )
COUNTY OF PINELLAS )
~Th foregoing instrument was acknowledged before me this dlday of
, 1998, by Michael J. Roberto, as City Manager of the City of Clearwater.
He i personally known to me.
. WITNESS my hand and official seal this -&day of ~ 1998.
f)/ij~)a/LJ~ ~~ Dodso~_
Notary Public ~. II I J. / l 'rD:~~ MVCOMMISSIONICC538008EXPIRES
Notary Name (printltype)_ Of?...A J I S b . Wt ISOJ-J~.: .hilt 18. 200ll
iif. BONDED llRI"I1lOY FAIN INSllIWICE, INC.
My Commission Expires: !, /1 ;PtJ-tJ-lJ ' "
Approved as to form
06/26/98 11 :00 AM
0160086.03
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PI ELLAS COUNTY FLA
OFF.REC.8K 10216 PG 225
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EXHIBIT "A"
Parcel I:
I ot Ten (10) B1.f\r:KlllIHN SlJBDIVISION, ilccordirlg 1.0 milp or plat
llter.eo f as rel;lITdl~c1 In P I at Oook 2-1, Pilvn IJ~, 1'111 Ii it: Hecords "f
Pine II as Counl y, F I ad cia.
Purcel I I:
lite North 500.0 feel. of l.ot 11, Bl.f\CI<lllJHN SUBDIVISION, as
r l~r:orded in P I ill BOlJk 2-1, Page 62, Pull I I G nf~l:nnh; lJ r Pine II as
Cllllnly, Floridil, I.r~j~, il lract on I.he Wr:fll. sid(~ Ih:m:ril.lP.cJ as
follows: From lhe NlJrlhwest corner uf tmlrJ I..ut 11 for a Puinl or
l.Ieginning, run par ell leI to the center line of County r~oad 194,
~;outh 09 deg. 46'13" East 220.47 feet; thence SOlJth I deg.
02'38" West 508 feet; thence North 89 deg. 46'13" West 229.92
feet, thence along the West side of said Lot 11, North t deg.
12'28" East 508.0 feel to the Point of Oeginning, and Less and
Except the Easterly (,0 Feet of Lot II reserved for road
right-oF-way for Lawson Road, recorded in O.R. 800k 535, Page
612.
Parcel I I I:
The South 270 feet of the North 778 feel of Lot 11, DLACKOURN'S
SUBDIVISION, according to the map or plat thereof as recorded In
Plat 800k 24, PaHe 62, of the Public Her.:ords of Plnellas Counl.y,
I lorlda, u~s~; lhn Emit /,0 feet thnr~llf flJr rO,l" ri'.Jhl"'lJf-wilY for
I awson Road, n:conlE:d ill O.R. Oook :1~I~l, Pilye 1,17., ,HId also Lf~iS :
the West 225 feel thereof for Fluridri Power LineH.
PiJrcel IV:
~;ullth 230 feel of I.hp. North 1016 rm~1. of LollI, IJI.ACKBUrm'S
~jIJllDIVISI[)N, ill:l:nrdlnu 1.0' the map or plill. thr':Tl!l)r em rp.corded In
fllnl Dook 2-1, PilUC (,2, uF lhe Public; H(-~r;(Jrd!> of PiIlC:llilS Counl.y,
Florida. LESS the L:i'IBl 60 feet for rinht-nf-wilY of Lillo'S!)1l Hl)r\rl,
itS recorded in O.IL Uook 535, Page (, 12.
Less and except from Parcels II, III, and IV that !"lart deeded tlJ
Florida Power Corporaljon...~/II.pre particularly described as
Fo1 lows: Beuinlling at n point on the West bOlJndary of Lot It,
IJLACK8URN'S SUUIJIVISION, run Norlh n dP.4. 5-1'2::IN Ensl 260.25
Feet from the !;nllth"Ip.I~t corner of Bilid l.llt II, I:henr;e North ()
c1eg. 51\ '23" Easl IOJ5.46 feet, t."en~e Norlh rJ<J dcg. 56'19" East.
?213.47 feet, thence !')I111th 0 dey. ~)~'tO. Wesl 1015.-16 feet,
PAGE 1 Of 2
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EXHIBIT "A"
CONTINUED
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PI'~ELLRS COUNTY FLR
OFFREC.8K 10216 PG 226
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thence South 09 deg. 56'J9- West 22(/.12 feel. to the Point of
Ileginning.
"ARCEL v:
f\ par t i on of Vilcill.ec.l COllnl y r~oad No. 19-1, WICrl1. i Oil recorded ill
I).H. Uook 4r)O/), PaV(~ 'm:}, I y I ny i II ~;w;ti on I), l"owlmh i p 2<)
South, Range 16 East, Piriellas County, Florida described as
follows: C()mmene~ing ill tlll~ NortheaHt corner of ~ip,{~-t,11in l:;,
Juwnship 29 SouLh, r~ange 16 East, Pillellils C(Jllllly-,~norida:
lhence North 09 cJev. 46'13" West, a distance of 100.00 feet to 0
point on the WesL rlghl of way line of U.S. IllghwclY 19, also
being the Poinl of Ilevlllning: thence Suulh 01 tley. 02'3U- West,
,11011g sClid West. rlt~hl uJ "lilY line or lJ.!i. "iHIII.my I(), il <Hsl.am:e
fir 33.00 feet: l:helll;l~ North W) <leg. ;\6'1:'" WI~Bt, along the North
line 0 f Uf.AC/<lJlJHN' S 51 11m I v I S I ON, as rc~c()rderl ill'" I ell. Book 2-1,
",1IJ(f62, flub I ie~ Hnr:l)rd~; of Pinell;:w 1;l)/Jllly, Flnr ida, i1 dlstiH1GC
uf 1003.39 feel; Lhence North Ot dcg. 02"30. [anI., iJ distance of
:1:1,00 feeti l:Imnce South 09 cley.' -11,'1:1" [all!:, (1 diBtnnee of
too:? . :19 fee I. I. CI l. he: I'll i n l 0 f lJcH i r1ll I II!! .
I.ess and except I.hal rmrLlon there.of r,IHlveyed ill D.H. (look 49~I,
/love 619 cndd(~scriued as follows:
I:r)mmence at the Northeast corner of Sect ion 6, TOl-mnhip 29
South, Range 16 East, PineJlas County, Floridi1: thence North 89
dl~Y. 46'13" West, a distance of too.no feel to a point on the
~lp.st right-oF-way 1 ine of U.S. Highway 19, also bcing the Point
or Oeglnnlng; thence South 01 deg. 02'30. West, alony said Wet;l
right-oF-way line of U.S. Highway t9, a distance of 10.00 feet;
Lhence North 09 d(~g. 41,'13- Wet;l, n distclllce of !i/lO.OO feet;
1.llence North 01 (k~g. 02'30" East, a dislance or 5.50 feel;
thence North 09 deu. 46'13" West, a diHtance of 443.3C) feet;
thence North Ot deg. 02'30- East, a distance of 12.50 feet;
thence South 09 deg. -16'13" East, a cliBl;;mcl~ or 100:),39 feet to
I.he flolnt of lJegillllirl~/.
PAGE 2 OF 2