ROBERT AND KATHLEEN ALPAUGH
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CITy'OF CLEARWATER
Interdepartment Correspondence Sheet
Anthony L. Shoemaker, City Manager . /~~
M. A. Galbraith, Jr., City Attorney~~
Paula Harvey, Planning Director
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TO:
FROM:
COPIES:
SUBJECT:
Campus Walk Shopping Center; Partial Release from
Declaration of Unity of Title
November 10, 1986
or
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DATE:
After obtaining our first declaration of unity of title from a i
developer, you now have the opportunity to ex~cute the first partial
release from a declaration of unity of title.
The developer has requested that a sub-parcel to be known as Lot
1 of Campus Walk Shopping Center be released from the declaration,
~o that the sub-parcel can be sold separately.
The ordinance which authorizes us to require a declaration of unity
of title also authorizes you as City Manager to execute releases,
in whole or in part, when a declaration is no longer necessary due
to the discontinuance or abandonment of the proposed project, or .
when necessary to correct errors, mistakes or changes in circumstances.
This project has not been discontinued or abandoned, but you may
execute the attached release because of "changes in circumstances."
Should you have any questions, please call.
MAG:br
Att.
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PARTIAL RELEASE FROM
DECLARATION OF UNITY OF TITLE
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 aI, as owners of the following described real
property (herein, the "Property"), situated in the City of Clearwater, Courtly of
Pinellas, and State of Florida, to wit:
SEE EXHIBIT A
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
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 a 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.
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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 0 ~ day of -1\ ~~o..uv
, 1986.
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By
Attest:
~j~L. ~CLtA
City ~erk.. .
Approved as to form
and sufficiency:
"--.A..L-Ltl/
City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day of ~4!--rn-t~A./0l. /) ,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 and who executed the foregoing Partial Release from 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 municipal corporation.
WITNESS my signature and official seal at Clearwater, Pinellas County, Florida,
the day and year last written above.
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Notary r
My Commission Expires:
t""lIY r..l,i[r "\a'e of f10Iir!n
My (~:~'mis,~~ EJ!;lilcs July 11., m;a
D.oodad lhru ~roy fain ~ 11I::;ulallcc, lllc.
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EXHIBIT A
B.;in fro. the BE corner of the. .aid Section 18-29-16
al.o the point of inter.ection of ri9ht.-of-way
centerline.'for-Drew street aDd u.S., 19 (s.a. 55) aDd.
run thence aloD; the .aid .IN centerline of Drew '
Stre~t, . 89039'14" Nt 311,02'; thence S 01-03'~." w,
50.00' to a point alon9 \be .outher1y RIM line of the
said Drew Street, the ~ibt of intersection of th,
said RIM line with the w.sterly RIM line of the
Service Road, a180 the ~.,O.B. '1: thence along the
said,we.ter1y RIM line of the Service ,Road, acquired
by the Florida Department of Tranaportation and
Pinellaa County by an order of takin9, as recorded in
O.R. Book 3579, Page 250, Public Record. of Pinellas
County, Florida the followin9 four calla: .
5 01003'04" M, 151.09': alon9 the arc of a curve to
the left, Ra. 1.86.00', 0. 53030'00", A- 173.68',
C- 167.44', ca. S 25041'56" E; S 52"26'56" E, 95.10':
alon9 the arc of a curve to the right, R- 114.00',
0- Oe04e'04,6., A- 17.51', C- 17.49',
CD- S 48002'53.6" E: thence If 89"40'58" W, 940.15':
thence . 00~41'le" E, 371.11' to a point along the
said southerly RIW line of Drew Street: thence along
the _said RIM line, S 89f139'14" E,'777.44' to the
P.O.B. II, '
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Toqether with. parcel of land in the IE~ of the
said Section 18, Town.hip 29' South, Range.16 Ea.t,
Pine1laa County, Florida, fur~her described as
follows:
Begin from the ME corner of the .aid Section 18-29-16
also the point of inter.ection of ri9hts-of-way
centerline. for Drew Street and U.S. 19 (S.R. 55),
and run thence alon9 the .ald 11M centerline of Drew
Str.et, . 89039'14" W, 250.02'; thence S 01-03'04" M,
50.00' to a polnt alon9 the aoutherly RIM line of the
.aid Drew Street, also the point of intersection of
the .aid RIM line with the eaater1y IIW 11ne of the
Service Road; thence alo09 the .aid ea.terly R/W lim
of the Service Road: S 01003'04" W, 151.55': theu~o
along the arc of a curve to tbe ~eft, R-~2Q.DO',
D_29003' 22.2", .A- 60.86', C- 60~ 21',
ca. 5 13028'37.1" E for a P.O.B. '2: thence run
S 89039'14" E, 134.91' to the vesterly RIM line of
u.S. 19 (S.R. 55): thence alon9 the sald RfW line,
S 01002'58.5" W, 118.73' to the point of intersection
of the northweaterly RIM line of the said Service
Road with the weater1yR/W l1ne of the said u.s. 19:
thence along the aaid northwesterly RIM line of the
Service Road, and along the arc of a curve to the
left, R- 180.00', D- 10040'05", A- 33.51', C- 33.47',
CB- S 47006'53.5" w: thence N 52~26'56" W, 95.10':
thence along the arc of a curve to the right,
R. 120.00', D- 24026'37.7", A- 51.19', C- 50.81',
CB- R 40~13'37.1" M to the P.O.B. *2,
Page One of Exhibit A
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LESS AND EXCEPT:
A parcel of llnd lying in the NEI of Section 18, Township 29S, Range 16E.
Pinellas County, Florida, beino lOre specifically described as follows:
COHH[NCING at the Northeast Corner of said section; THENCE N 89. 39' 1..W.
along the north line of said section, a distance of 1093.78 ft'"to a point
on the east line of Florida Power Corp. extended property line.
THENCE S 00 .,, 18MW, along said extended Fla. Power property line, 11r
distance of 50.00 ft. to a point on the south Right-of-Way of Drew Street.
Ind the POINT OF BEGINNING.
THENCE S 890 39' 14"[, Ilong the ,outh Right-of-Way line of Drew Street, a
di sUnce 25.1.00 ft. " ,
THENCE S O. 41' '8.W, parallel with the elSt line of s.id fh. Power property, I
I distanct of 171.00 ft. .
. THENCE N '89. 39' ,..W, plrall.l with the north line of Slid 'Iction. I distlnce
of 32.78 ft.
THENCE S O. .,',a.W. parallel with the list Right-of-Wly line of said F1I.
Power property, I distance of 200.00 ft.
THENCE N 89. 40'SSMW. I distlnce of 2'8.22 ft., to I point on the elst
Right-of-Way of 'lid F1I. Power property.
THENCE N O. 41'18'~ Ilong the east line of Slid F11. Power property, I distance
of 371.11 ft. to the POINT OF BEGINNING.
CONTAINUI6 1.11 Atres .... or less.; and
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A'parce1 of land lying within the Northeast I of Sect\on 18,
Township 29 South, Range'16 East, Clearwater, Pinellas County,
Florida, more particularly describ'ed as follows:
Commence at the Northeast corner of said Section 18, THENCE
run N 89039'14"W, along the centerline of Drew Street, a
distance of 316.02 ft.; THENCE S 01003'04"W, a distance of
50.00 ft. to a point on the southerly right-of-way for Drew
Street and the westerly right-of-way of Service Road; THENCE
continue S 01003'04"W along said westerly right-of-way, a
distance of 42.80 ft. to the POINT OF BEGINNING: THENCE
continue along said westerly right-of-way by the following
two (2) courses, (1) S 01003I04"W, a distance of 108.29 ft.;
(2) THENCE 62.43 ft. along the arc of a curve concave to the
northeast, having a radius of 186.00 ft. and a chord of
S 08033'52"E, 62.14 ft.; THENCE S 71049'13"W, a distance of
63.94 ft.; THENCE N 89039'14"W, a distance of 90.00 ft.;
THENCE N 01003'04"E, a distance of 190.00 ft.;
THENCE S 89039'14"E, a distance of 1,40.00 ft. to the
POINT OF BEGINNING, containing 0.61 acres more or less.
Page Two of Exhibit A
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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 01003104" 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 S~rvice
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.