RELEASERELEASE
This Release is executed by the City of Clearwater ( "City ") on this 1 th day of
August, 2014, to wit:
WHEREAS, the Community Redevelopment Agency of the City of Clearwater,
Florida is selling certain property more fully described in Exhibit "A" (the
"Property ") pursuant to that certain Agreement for Development and Purchase and
Sale of Property Between The Community Redevelopment Agency of the City of
Clearwater Florida and Prospect Park Development, LLC dated June 10, 2014; and
WHEREAS, a portion of the property to be conveyed is burdened by that certain
Covenant Running With the Land ( "CCR ") related to an earlier alleyway vacation
recorded at OR Book 4699 Page 143 in the Public Records of Pinellas County,
Florida pursuant to which the City may retain certain rights to reacquire certain
lands for right of way and to require structures located thereon to be torn down;
and
WHEREAS, the City does not anticipate the need for additional right of way in the
location specified in the CCR and has agreed to release any remaining rights it
retains under the CCR.
NOW, THEREFORE, in consideration of the foregoing, the City hereby agrees to the
following:
1. Recitals. The above recitals are true and correct and are incorporated
herein by reference.
2. Release. The City, on behalf of itself, and anyone claiming by or through or
under the City, hereby releases, acquits and forever discharges any and all rights
arising under the CCR and on behalf of itself and all such parties, agrees not to
enforce the CCR against any owner of the Property.
IN WITNESS WHEREOF, the City acting by and its duly authorized and
empowered officers and representatives, has executed and sealed this Release the
day and year first written.
THE CITY OF CLEARWATER, FLORIDA
By:
Approved as to form:
k
amela K. Akin
City Attorney
c eo4 tA.Crt kc03
Mayor
Attest:
Rosemarie Call
EXHIBIT A
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 2, MAGNOLIA PARK
SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 43 PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE BOUNDARY LINE
OF MEDITERRANEAN VILLAGE IN THE PARK SUBDIVISION AS RECORDED IN PLAT
BOOK 125, PAGES 44 THROUGH 46, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, THENCE ALONG THE BOUNDARY LINE OF SAID MEDITERRANEAN
VILLAGE IN THE PARK, THE FOLLOWING THREE COURSES: SOUTH 00 °02'16"
WEST, 8.16 FEET; THENCE NORTH 89 °57'44" WEST, 21.42 FEET; THENCE SOUTH
00 °17'21" WEST, 52.12 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF
PARK STREET; THENCE LEAVING THE SAID BOUNDARY LINE OF
MEDITERRANEAN VILLAGE IN THE PARK AND ALONG THE SAID SOUTH RIGHT OF
WAY LINE OF PARK STREET, SOUTH 89 °39'49" EAST 288.90 FEET TO A POINT ON
THE WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE;
THENCE LEAVING THE SAID SOUTH RIGHT OF WAY LINE OF PARK STREET AND
ALONG THE SAID WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING, JR.
AVENUE, SOUTH 00 °04'00" WEST 264.88 FEET TO A POINT ON THE NORTH RIGHT
OF WAY LINE OF PIERCE STREET; THENCE LEAVING THE SAID WEST RIGHT OF
WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE AND ALONG THE SAID
NORTH RIGHT OF WAY LINE OF PIERCE STREET AND THE EXTENSION THEREOF,
NORTH 89 °39'04" WEST 386.83 FEET; THENCE LEAVING THE SAID EXTENSION OF
THE NORTH RIGHT OF WAY LINE OF PIERCE STREET, NORTH 05 °34'56" WEST
61.39 FEET; THENCE NORTH 15 °56'32" WEST, 122.03 FEET; THENCE NORTH
29 °12'41" WEST, 115.70 FEET; THENCE NORTH 53 °04'15" WEST, 52.08 FEET;
THENCE NORTH 89 °54'47" WEST, 252.52 FEET TO A POINT ON THE EAST RIGHT
OF WAY LINE OF SOUTH PROSPECT AVENUE; THENCE ALONG THE SAID EAST
RIGHT OF WAY LINE OF SOUTH PROSPECT AVENUE, NORTH 00 °05'13" EAST,
251.17 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF CLEVELAND
STREET, SAID POINT BEING THE NORTHWEST CORNER OF TRACT 2 OF SAID
MEDITERRANEAN VILLAGE IN THE PARK; THENCE LEAVING THE SAID EAST
RIGHT OF WAY LINE OF SOUTH PROSPECT AVENUE, ALONG THE SAID SOUTH
RIGHT OF WAY LINE OF CLEVELAND STREET, SOUTH 89 °41'20" EAST, 647.02
FEET TO A POINT ON THE WEST LINE OF THE EAST 50 FEET OF BLOCK 5, MRS.
SARAH MCMULLEN'S SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 41,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING THE SAID
SOUTH RIGHT OF WAY LINE OF CLEVELAND STREET, ALONG THE SAID WEST
BOUNDARY LINE OF THE EAST 50 FEET OF BLOCK 5, SOUTH 00 °03'59" WEST,
235.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF PARK STREET;
THENCE LEAVING THE SAID WEST BOUNDARY LINE OF THE EAST 50 FEET OF
BLOCK 5, ALONG THE SAID NORTH RIGHT OF WAY LINE OF PARK STREET, NORTH
89 °41'20" WEST, 137.10 FEET TO THE POINT OF BEGINNING. CONTAINING
279,998 SQUARE FEET (6.428 ACRES) MORE OR LESS.