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ROBERT AND KATHLEEN ALPAUGH (2) I MILTON D. JONES ATI'ORNEY AT LAw ~/~~ =I-- ~ "'1 ~V .J. u~NV ~...I' ~,- . ' , I ,;"'--- .~~ ' ,-- -:-. ...;a N ..:- 'II'~ ~.~ 11' .'71':i~. ~ I',> ~.' ,,.,, il! 'o' \l,"~'"3~~ ~~ ~ ~ 1180 N,E, CLEVELAND STREET CLEARWATER, FLORIDA 33515 (813) 446-1160 December 12, 1986 Milton A. Gailbraith, Esquire City Attorney P. O. Box 4748 Clearwater, Florida 33518 1 ;) \0,3$ Or.C;" .., ..' ~'.'~'f"\.~"'!;~d ,.....,...,,, \' ,I' \1 'v."l~ . C'"'~ ~ -~ Re: Campus Walk Shopping Center Dear AI: I enclose a copy of the recorded partial release from the declaration of unity of title. MDJ:mw Enclosure 1\. (t'.J) ~c.D ~~. ~_\JV -\-l< . '~~I ~ J\~ ~l""' t? 'f-- ~ ~ '11 ' ~ .....; ~, . ".. .;...:;....,:.:~. '--~ 01 c;'<-,, I '40 Rec ___11- 0 '.' 41 rs .__'U_ ~ int --..--. 86~83822 I Go.. 3 '" -1 F~GE ,\1.0 iJ. ~$ ~f!>/.J4J 562 .01-1- PARTIAL RELEASE FROM DECLARATION OF UNITY OF TITLE (~tE!\~. (1~-T~!: Ci;"'G'J~1 C G:l~;:'(i PH. F. LI..~~' C '- : ' " : r, i' l J r. : D ,\ - --pf'~O Tot J_I.:...!..L ... DEe I 4 sa PH 'B6 WHEREAS, pursuant to the ordinances of the City of Clearwater pertaining to the issuance of building permits and regulating land development activities, Robert E. Alpaugh and Kathleen P. Alpaugh, et al, as owners of the following described real property (herein, the "Property"), situated in the City of Clearwater, County of Pinellas, and State of Florida, to wit: 1~1 15844618 40 SEE EXHIBIT A 40 TOTAL have executed and recorded a Declaration of Unity of Title at Official Records Book 6302, Page 2246, of the public records of Pinellas County, Florida, which imposed 1. 010(:3 17.00 17.00 C:HK certain conditions, limitations and restrictions upon the Property; and WHEREAS, the Declaration,of Unity of Title and the ordinances of the City of Clearwater provide that a declaration of unity of title may be released, in whole or in part, by the City Manager of the City of Clearwater under certain circumstances as described in the ordinances of the City; and WHEREAS, the City Manager has determined that the Declaration of Unity of Title is no longer necessary with respect to that portion of the Property which is described in Exhibit B hereto because of changes in circumstances with respect to the proposed project, which reason is '1 good and sufficient basis for this partial release according to the ordinances of the City; ; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in consideration of the foregoing premises and other good and valuable consideration between the parties, the receipt and sufficiency of which are acknowledged: 1. The undersigned City Manager, on behalf of the City of Clearwater and pursuant to the ordinances of the City, does hereby release and remove the conditions, limitations and restrictions set forth in the Declaration of Unity of Title insofar as they pertain to that portion of the Property described in Exhibit B hereto. Th18 tllstntn\ent was prepared by ~ M. A. Galbraith, Jr. City A ttorne;y City of Clp,arwl1t('f, P. O. TItl'< 47;Jr4 rl....:'r\\.;1tf',.~ 14'''-.. :\~t"'l~'.. ~,7.~ -1- ~7 MILTON D. JONES ArroRNEY AT LAw 1180 N, E, CLEVELAND STREET CLEARWATlR. FLORIOA 33E!~; I I O.R, G 3 7 t PAGE 563 2. All of the conditions, limitations and restrictions imposed by the Declaration of Unity of Title are hereby reaffirmed with respect to the Property, less that portion described in Exhibit B hereto. IN WITNESS WHEREOF, the City Manager of the City of Clearwater, Florida, has set his hand and seal this d () #- day of (\ D~ , 1986. By Attest: ~....~.'.'..'..~.........L..""'.'~.'. . .~-\. City:, erk .' ..., . , ......;" P4>pr6yed as to form and '.sufficiency: City Attorney " " , 'j I!~ /J. . ~ STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this day of ~~~A/ ~ f) , 1986, before me personally appeared Anthony L. Shoemaker, Cynthia E. Goudeau and M. A. Galbraith, Jr., respectively City Manager, City Clerk and City Attorney of the City of Clearwater, Florida, a municipal corporation, to me known to be the individuals and officers described in iHid who executed the foregoing Partial Release f.om Declaration of Unity of Title, and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto; and the said instrument is the act and deed of said mtmi~ipalcorporation. : ~.' . ' , ' WITNESf)tyly'signature and official seal at, Clearwater, Pinellas County, Florida, the d~yand year.'last writ,ten above. . ' I ',' . ".t~ ~~~~ . l' My Com mission Expires: ( ~. ., Nctal y ~~!,:i(, Slate (" ':.;r.l,~ My Commis:'lon hlllll:S July 12, i~";0 ........ >>.ondud lh(u. ~(oy Fdm - Ill.UIOIl':U, 111'. I/fl'i:(:., -2- ,i I I I EXHIBIT A a.R.6 37 1 PAGE 5 6 ~ Begin fro. the IE corner of tbe. .aid Section 18-29-16 also the point of interaection of riqhta-of-way centerlines 'for-Drew Street and U.S.,,19. (s.a. 55) aDd. run thence a10nq the .aid a/W centerline of Drew ' Street, . 89039'14- W. 311,02'; thence S 01003'04- W, 50.00' to . po1nt a10n9 tbe southerly R/W 11ne of the sa1d Drew Street, the poibt of intersect10n of the said R/W 11ne with the w.sterly R/W line of the SCllrvice Road, a1ao the ~ .,0. B. *1; thence along the aaidwesterly RIW line of the $ervice Road, acquired by the Florida Depart.ento! Tranaportation and Pin.11~s County by an order of takinq, as recorded in O.R. Book 3579, paqe 250, Public Recorda of Pinellas County, Florida the following four calla: ' S 01003'0.- W, 151.09'; a10n9 the arc of a curve to the left., Ra.1.86.00', 0. 53030'00., Aa 173.68', C- 167.44', CD. S 25041'56- E; S 52"26'56- E, 95.10': a10n9 the arc of a c~ve to. the riqht, R.114.00', 0- 08848'04,6-, A- 17.51', C- 17.49', CD- s 48002'53.6- E; thence H 89"40'58" W, 940.15': thence R 00~41'18. E, 371.11' to a point a10nq the said southerly R/W line of Drew Street: thence along the ....id R/W line, S 89ft39'14- E, '"777.44' to the P.O.B. iI, , Toqethe. with. parcel of 1~nd in the IE~ of the s.id Section 18, 'township .l9 South, dkange16 E..t, Pine1laa County, Florida, fur~her described .s fo1lowa: 8eQin from the ME corner of the aaid Section 18-29-16 alao the point of interaection of ri9hta-of-vay centerlinea for Drew Street ADd U.S. 19 (S.R. 55). and run thence a10n9 the aaid a/M centerline of Drew Street, . 89039'14- W, 250.02': thence S 01-03'04" W, 50.00' to a point &1on9 the aoutherly RIM line of the said Drew Street, alao the point of inter.ection of the .aid Rlw line with the eaaterly a/W line of the Service Road; thence aloD; the aaid eaater1y R/W 1im of the Service Road; S 01003'04- W, 151.55': theu~~ along the arc of a curve to the lef~, R-i,n.no', D- 2900 3' 22. 2. , . A- 60 . 86', c.. 60 ~ 21' , ca- S 13028'37.1- E for a P.O.B. .2; thence run S 89039'14- E, 134.91' to the veater1y R/W line of u.S. 19 (S.R. 55): thence a10D; the aaid R/W line, S 01002'58.5. W, 118.73' to the point of inter..ction of the northwestErly R/W line of the said Service Ro.d with the we.ter1yR/W line of the said U.S. 19: thence along the aaid northwesterly R!W line of the Service Road, and a10n9 the arc of a curve to the left, R- 180.00', D- 10040'05., A- 33.51', c. 33.47', CB- H 47006153.5- W: thence H S2~26'S6M W, 95.10': thence alon9 the arc of . curve to the riqht, R. 120.00', DB 24026'31.7., A- 51.19', c- 50.81', CB. B 40~13'37.1- W to the P.O.B. '2, Page One of Exhibit A ,J ),1~/ ). ":;- Ii v 7"' .. . -' ,..1io; ..- I n.R.6 3 7 1 PAGE 565 I EXHIBIT B A parcel of land in the NE 1/4 of Section 18, Township 29 South, Range 16 East, Pinellas County, Florida, further described as follows: Commence at the NE corner of said Section 18, thence run N 89039'14" W, along the centerline of Drew Street, a distance of 316.02 feet; thence S 01003'0411 W, a distance of 50.00 feet to a point on the southerly right-of-way for Drew Street and the westerly right-of-way of Service Road; thence continue S 01003'0411 W, along said westerly right-of-way, a distance of 42.80 feet to the P.D.B.; thence continue along said westerly right-of-way by the following two (2) courses, (1) S 01003'04" W, a distance of 108.29 feet; (2) thence 62.43 feet along the arc of a curve concave to the Northeast, having a radius of 186.00 feet and a chord of S 08033'52" E, 62.14 feet; thence S 71049'1311 W, a distance of 63.94 feet; thence N 89039'14" W, a distance of 90.00 feet; thence N 01003'04" E, a distance of 190.00 feet; thence S 89039'14" E, a distance of 140.00 feet to the P.D.B.