ANNEXATION AGREEMENT WITH BBLD
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crt" OF CLEARWATER
Int~rdeplrtm.n' Corr.spondence Sheet
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TO:
FROM:
City Clerk
Thomas A. Bustin, City Attorney
COPIES:
SUBJECT: Annexation Agreement, Blackburn Brothers Land Development
DATE:
January 4, 1977
This will acknowledge receipt of your memorandum of January 3, 1977,
relating to the above captioned land development.
I assume from your memorandum that you are referring to an annexation
agreement with Blackburn Brothers covering a development known as
IISevillell. Please be advised that meetings were held with the developer
in that case and with the Planning Department relating to further annexations
as pertaining to the agreement, and it appears that further annexation is at
a standstill for the present due to the fact that we are insisting that any
annexation fully comply with all current ordinances and not be handled strictly
in the manner in which the agreement was drafted. Therefore, you should
not consider this a current problem until the developer agrees to meet all
current annexation and othe r City code requirements suc~ as would entitle
the developer to be brought into the City.
Thoma sA. Bustin
City Attorney
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Please call my office for
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this matter. Thank you.
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
Mr. Thomas B~in, Ci~y A~~orney
City Clerk
CII'-OF CLEARWATER
Inter..rftnen' Correspondenc. Sheet
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Annexation Agreement, Blackburn Brothers Land Development
January 3, 1977
Please refer to my memo of November 8, 1976, concerning
the above subject.
The deadline
April 1975.
removed from
status.
for annexation under this agreement was
We are wondering if this item should be
our tickler file. Please advise the current
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C I T Y
o F
C L E i\ R '\T .:\ T E R
POST OFFICE BOX 4748
CLEARWATER. FLORIDA 33518
PICOT B. FLOYD
CITY MANAGER
May 16, 1975
Mr. William B. Albrecht, President
Clearwater Development Corporation
2640 Seville Boulevard
Clearwater, Florida 33516
Dear Mr. Albrecht:
This is to acknowledge receipt of your letter of March 28, 1975 by this ofiice
concerning annexation of the fourth phase of Seville Condocinium Apartments.
This matter has been reviewed by the staff and the following questions have
been raised in connection therewith:
(a) the form of this request
(b) required compliance with present City zoning codes and annexation
policies, such as Aquatic Lands and 28 dwelling units per acre
density cap, 80-foot height limit, Coremunity Impact State~ent sub-
mittal and 10% parkland dedication or cash in lieu thereof
(c) the matter of support for fill in Tampa Bay
(d) required compliance with present City building and fire codes
(e) required compliance with tree removal permits, impact fees, etc.
Staff has determined that a request for annexation should be submitted on
proper City Petition for Annexation form. In all prior requests for annexa-
tion of the Seville properties, specifically those of December 12, 1968;
April 20, 1970; and April 17, 1972; the same were on proper City forms for
annexation, duly executed and acknowledged.
Further, it is staff and legal counsel opinion that you must comply with all
presently existing City codes, ordinances and regulations at the time of
annexation and building permit application. TIlis would require compliance
with the presently existing City density standards, height limits, Impact
Statement requirement, parkland requirement, tree removal peroit and impact
fees as well as all City building and fire codes, et ale
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Mr. William B. AlbreCht.' President
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May 16, 1975
At each time building permit applications were filed for processing for
Seville, it was required that they be in proper compliance with the then
existing City building and zoning code requirements and regulations.
Upon receipt from you of the properly executed annexation petition forms,
the City departments will then start proceedings for the processing thereof.
If you have any questions, do not hesitate to contact me.
c.c. Mayor and City Commission
Guy Kennedy, Acting City Attorney
Max Battle, City Engineer
Paul A. Bergmann, Planning Director
Robert G. Whitehead, City Clerk
Ed Blanton, Building Director
Pat Tracy, City Forester
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P cot B. Floyd--')ICMA
C ty Manage d
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TO:
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HZ'. ThO'" Buft'in. Ci'ty A't'tOl'De,.
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FROM: City Clerk
COPIES:
SUBJECT:
Annexation Agre~t. Blackburn Brother. Land J)evelop..nt
November 8. 1976
DATE:
Reference is ..de to subject aare_nt, dated April 8.
1969. which call. for annexation over a period of 6 years,
and a letter dated May 16, 1175, fro. Mr. Floyd to Hr.
William B. Albrecht, copy of vhich va. .ent to Hr. Guy
Kennedy.
It i8 noted that the period for amaexation haa expired.
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CLEARWATER DEVELOPMENT CORP.
999 South U.S. 19 Highway
Clearwater, Florida 33516
Telephone 726-1171
City Manager, City of Clearwater
Clearwater Mall Merchants' Association
Standard Oil Corporation
Seville Council of Presidents
June 28, 1976
RE: SEVILLE BOULEVARD - ANNUAL CLOSING OF THE BOULEVARD
Gentlemen:
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Under the terms of the tri-part contract between Clear-
water Mall, Inc., Clearwater Development Corporation, and the City of
Clearwater, Seville Boulevard shall be closed for one day each calen-
dar year.
When possible, the Boulevard has been closed on a Holiday.
This year, because of existing conditions, we have selected the forth-
coming Holiday as a time which would least affect the interests of
those involved. SEVILLE BOULEVARD WILL BE CLOSED FROM 12 NOON, SATUR-
DAY, JULY 3, to 12 NOON, JULY 4. We respectfully request that you
contact all those persons whom you feel should be advised as to this
fact.
We would like to take the opportunity of writing this
letter to also ask that each of the parties to this contract, and
those persons who use Seville Boulevard, to make a concerted effort to
help us solve a serious problem.
During the last year, trucks, particularly large semi-
trailers, have continued to use the Boulevard for deliveries to the
Mall. These vehicles cause two difficulties - they fail to make a
full stop when entering or leaving the Boulevard, and they continue to
do great damage to the trees that beautify the Boulevard, by breaking
major branches. "NO TRUCKS" signs are posted on the Boulevard.
We ask that the persons who receive this letter, or are
given news of the closing, request those trucks making deliveries to
them to avoid using the Boulevard in the future.
Thanking you for your cooperation, I remain
Very truly yours,
CLEARWATER DEVELOPMENT CORPORATION
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William B. Albrecht, President
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RECEIVED
IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
UA y 25 1983
CLEARWATER SEVILLE, LTD.,
Plaintiff,
)
)
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Clnr CLERK
vs.
CIRCUIT CIVIL NO. 82-5176-07
CITY OF CLEARWATER, a
municipal corporation,
Defendant.
PLAINTIFF'S INTERROGATORIES TO DEFENDANT
Plaintiff, CLEARWATER SEVILLE, LTD., by its undersigned
counsel, pursuant to 1.340, Fla.R.Civ.P., requests the defendant,
CITY OF CLEARWATER, to answer under oath in accordance with said
rule the following interrogatories:
DEFINITIONS
As used herein:
A.
"You"
or
"your" means defendants,
their agents,
representatives, officers, directors, stockholders, and all other
persons acting on their behalf.
B. Your answers to the following interrogatories shall
reflect and contain the knowledge of all persons referred to in
definition A.
C. "Person" means an individual, corporation, partnership,
joint venture group, association, body politic, governmental
agency, unit or other organization.
D. To "identify a person" or equivalent language means to
state the name of such person, last known address, and, if
employed, give the job title or position and the name and address
of the employer.
E. "Document" as used herein means any letter, telegram,
memoranda, report, study, list, compilation or written matter
disclosing or stating any subject matter or information.
INTERROGATORIES
1. (A) State all the facts upon which you base your
allegations in paragraphs 4, 19, 34, 49, and 64 of the ar.swer
where you decline to admit that the annexation was pursuant to
the signed agreement attached to the amended complaint.
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(1)
(2)
(3)
(4)
(B) For each fact stated in your answer to this
interrogatory, identify the persons who have personal knowledge
of that fact, and also identify all documents that contain
information about, or disclose, or discuss that fact.
(1)
(2 )
(3)
(4)
2. (A) State all the facts upon which you base your
allegations in paragraphs 8, 23, 38, 53, and 68 of your answer
where you state that according to the annexation agreement, the
CITY purported to substantially approve the proposed master plan
for proposed land use and general street and utility lay-out.
(I)
(2)
(3)
( 4)
(B) For each fact stated in your answer to this
interrogatory, identify the persons who have personal knowledge
of that fact, and also identify all documents that contain
information about, or disclose, or discuss that fact.
(1)
(2 )
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(3 )
(4)
3. (A) State all the facts upon which you base your
denials in paragraphs 6,7,9,21,22,24,36, 37, 39, 51, 52,
54, 66, 67, and 69 of your answer.
(1)
(2)
(3)
(4)
(B) For each fact stated in your answer to this
interrogatory, identify the persons who have personal knowledge
of that fact, and also identify all documents that contain
information about, or disclose, or discuss that fact.
(1)
(2)
(3)
(4 )
4. (A) State all the facts upon which you base your
allegations in paragraph 4 of your affirmative defenses.
(1)
(2 )
(3)
(4 )
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(B) For each fact stated in your answer to this
interrogatory, identify the persons who have personal knowledge
of that fact, and also identify all documents that contain
information about, or disclose, or discuss that fact.
(1)
(2)
(3)
(4)
5. (A) Are there any changes in circumstances that you
claim warrant the present rezoning, other than those specifically
set forth in paragraph 7 of your affirmative defenses? If so,
please list all other changes of circumstances that you claim
have occurred.
(1)
(2)
(3)
(4)
(B) For each fact stated in your answer to this
interrogatory, identify the persons who have personal knowledge
of that fact, and also identify all documents that contain
information about, or disclose, or discuss that fact.
(1)
(2)
(3)
(4)
6. (A) Identify all persons who have relevant information
about the plaintiff's claim or the defendant I s defenses, and
indicate generally the type of information held by each person
listed.
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(1)
(2)
(3)
(4)
(B) Identify all persons who will testify to the
allegations set forth in your pleadings in this action, and state
the subject matter on which each person will testify.
7. (A) Identify all experts whom you expect to call to
testify at the trial in this action.
(B) State the subject matter on which each expert is
expected to testify.
(C) State the substance of the facts and opinions to
which each expert is expected to testify and a summary of the
grounds for each opinion.
(1 ) Expe rt
(a) Facts and Opinion
(b) Grounds for Opinions
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(2) Expert
(a) Facts and Opinion
(b) Grounds for Opinions
CITY OF CLEARWATER
BY:
Its
STATE OF FLORIDA
COUNTY OF
BEFORE ME, this day personally appeared ,
as of CITY OF CLEARWATER, who, being first
duly sworn, deposes and says that the foregoing answers to
interrogatories propounded by plaintiff are true and correct to
the best of knowledge and belief, and that 1S
authorized to and has answered these interrogatories on behalf of
CITY OF CLEARWATER.
Sworn to and subscribed before me this
, 1983.
day of
Notary Public
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing answers to interroga-
tories have been furnished to Elizabeth J. Daniels, Post Office
Box 1368, Clearwater, Florida 33517, by regular U. S. Mail, this
day of , 1983.
Attorney
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