AMZA ABDULLAJ & ENVERIJE ABDULLA
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O.R.6 3 95 PAGE 70 7
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DECLARATION OF
RESTRICTIVE COVEN ANT
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UEe 3 i 1 i ~s i:';~8~ICE IS HEREBY GIVEN that the undersigned owners of the real property
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described on Exhibit "An appended hereto, also commonly known as 1370 Gulf
Boulevard, Clearwater, Florida, received a parking variance from the Development
Code Adjustment Board of the City of Clearwater on the 23rd day of October, 1986,
which said grant of variance contained conditions relating to the use of a portion of
the ground floor of the improvements currently constructed on the premises and a
restriction as to seating capacity within the restaurant and lounge. All parties are
notified of the existence of said conditions as the same are more accurately set forth
within the Minutes of the Development Code Adjustment Board of the City of
Clearwater, to the effect that approximately 4,000 sq.ft. of the first floor, formerly
known as the Loggerhead Lounge area, is not to be used for a restaurant, lounge, or
other public patronage usage, with the result that the seating will be reduced from the
present capacity to a maximum of 312 seats, and subject to the further condition that
the permit be obtained within six months from the date this instrument is recorded in
the public records of Pinellas County, Florida.
The conditions of this Declaration of Restrictive Covenant are such that it shall
remain'withttn:;propertyand be binding upon the owners and occupiers of the
improvements and their successors and assigns so long as the variance granted on the
23rd day of October, 1986, is utilized by them. However, at such time as the variance
ceases to be used or expires by operation of law, or the Development Code Adjustment
Board or other agency of the City of Clearwater rescinds, revokes, alters or amends
said variance, this Declaration of Restrictive Covenant shall be of no further force
and effect whatsoever. By executing this instrument, the parties agree to execute
such other document or documents as may be necessary to give full force and effect to
this Declaration of Restrictive Covenant and to any termination, cancellation or
alteration thereof.
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City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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a.H.6 3 95 PAGE 708
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BEFORE ME, the undersigned authority, personally appeared AMZA D.
ABDULLAJ, BAKIJE F. ABDULLAJ, NEIM B. ABDULLAJ and ENVERIJE'S.
ABDULLAJ, known to me to be the persons who executed the above and'foregoing
instrument as Owners and they acknowledged before me that they executed thesame
for the purposes therein expressed.
SWORN TO AND SUBSCRIBED before me this..!l-. day of +~'.
1986. ,.../ ;','-- '., '
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Notary Public "f,~1 ;: -::.~.~e5.\
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My commission expires: Jc:2 -1- P g'
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE'ME~ the undersigneda'lI'thorHy~ person'ally appeared ANTHONY L.
SHOEMAKER, M. A. GALBRAITH, JR., KATHLEEN F. KELLY, AND CYNTIDA E.
GOUDEAU, respectively as City Manager, City Attorney, City Clerk and Mayor-
Commissioner 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
instrument 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 Bct and
deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County ofgfhellas
and State of Florida, the day Bnd year last above written.,_ ';\,'~l~.';'"
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My commission expires:
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a.R,6 3 95 PAGE 7 0 9
LEGAL DESCRIPTION I
FRON the southeas~ corner of Section 19, TOHnship 29 South, Range 15
East, the s~me, be1.ng the Uortheast corner of section 30, TO'oolOship 29'
South, Range 15 East, run llorth 89004' 07" \':est, 2819..60 feet, along
the Horth boundary'of said Section 30 thence South 1012.67 feet to
a point on the ~enterline of State Ro~d ~694 (county Road ~208);
thence along sa~d centerline of said State Road by a curve to the
right, radius 1909.86 feet', arc 572.13 feet, chord Uorth 23023' 25" .
East, 569.99 feet;. thence along said centerline t:orth 3~058'20" East,
1393.67 feet; thence along said centerline by a curve to the left,
radius 1909.86 feet, arc 304.27 feet, chord North 27026'30~ East,
303.94 feet to a point of tangency on said centerline of State Road
~694; thence along said centerline North 22050' 39" East, '1843.70
feet; thence North 67012'17" West, 50.00 feet to a point 'on the ,
Northwesterly right of way line of state Road~694, the same being
the most Easterly corner qf. Sand Key Condominium-south Beach 1, as
recorded in condominium Plat Book 14, pages 83 through 89," Public
Records of Pinellas County, Florida; thence North 22050'39" East"
260.92 feet along the North\.,esterly right of \-lay line of said "'.
State . Road~694 for a Point of Beginning: Thence North 67099' 15"
\~est, 306.02 feet'to an "X" cut on a concrete seawall; thence con-
tinue North 67009'15" West to the mean high \-later line ~f. the Gulf
of l-lexico to a point hereinafter known as Point. "A" f,or, convenience;
thence return to the Point of Beginning: Thence North 22050'39"
East, 154.08 feet, along' the North\-lesterly right of \-lay line of
said State Road;, thence North 67012'17" "lest, 282.00 feet to an "X"
cut on a concrete sea\-lall; thence continue North 67012117" \'lest,
to the mean high \-later line of the Gulf of NexicOi thence along the
said mean high water line of the Gulf of J.1e>:ico and bindi ng there\o/i th
to the aforesaid Point "A"; thence South 6700911S" East;. to the Point
of Beginning.' ' '
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TOGETHER HITH:
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A tract described as follows: From the So~theast corner of
5ection 19, TOHnship 29 South~ Range 15 East (said corner being also
~he ~:ortheast cnr.ner of Section 30, TO\-Inship 29 South, Range lSEast),
?inellas County, Flo"l;ida, run North 89~0~'07" \oJest along the North
boun~ary of $aid Section 30 a distance of 2819.60 feet; run thence'
South a distance of. 1012. ~7 feet to a point on the centerline of State.
Road No. 694 (County Road .No. 208);', run thence Northeaste:z:ly along the
centerline "of said ,State Road No. 694 along a curve to the right (radius
1909.86"feet) an arc distance of 572.13 feet (chord - 569.99 feet, chore
:>earing - North 23023' 25" East); r.un thence North 31058120 II East along
said centerline a distance of 1393.67 feet; run thence Northeasterly
ilong said centerline along a curve to the left (radius - 1909.86
feet) . an arc distance of 304.27 feet (chord - 303.94 feet, chord beariri~
~:orth 27026"30" East) to a point of tangency of said centerline; run'
thence North 220501~9" East along said centerline a distanc~ of 1843.70
feet; run thence North 67012 '17" Hest-a -aistanceof 50.0feet-'toa .
point on the Northwesterly right-of-way line of said State Road No. 694
said point being the Easternmost c9rner of SAND KEY CONDOHINIUH -
SOUTH BEACH l, as recorded in Condominium Plat Boo}: 14, Pages. 83 throug'
39, public records of pinellas County, Florida; run thence No~th "
22cSO'39" East along said Northwesterly right-of-way line of 'State.
Road No. 694 a oistance of 4i5.0 feet to a point of beginning: From
~aid p6int of beginnin~, run North 6701~'17" West a distance oE 282.0
fc~t to a cress mark cut in'the cap of a concrete se~wall as a line-
iol~:kcr; co:!tim,H? thence North 67012'l7"'\':est to the ",e~nhigh \~c:tE:r
line of.-t;.;2GulE. of Nexico to a ooint hereby designatedHfor 'r,efe:.cnc~
~ Point,~''i''; beginnin'g again at. the point of beginning; run North 22l.o:
C~st c:llon,g,,~~,i..~l North\o/~stcrly right-oE-\olay line of State ROC'1d'l':b. G94
~'.,cltitance,of31.49 feet; run then::~, North 6"Jo12 '17" {"!cst a di5tanc~ of
2'/9. 35 fe~J::'i:.C> a cross rnar:k cut in !"he can of said concrete scaHall o~
:l ll.-ncrn~-~:J;~~';-' continue t.hence Nortn 6701 i ' 17 It \'jes t to the mean ld 'Jh'
':':lte:l." lint; of U~-c~lf---of Hcxico; run thence south.,...c~t~rly Lllon~I ~;c\,icl .
:f~':l:l hiul",;'-:~;i'" ]illc~ t.o p:L"oviou~;ly d,-~~;iCJn2::(<1 point "y"-
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O.H. 63 95PAGE 710
OJntinuatJUn of Lcr,al Description I
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LESS AND EXCEPT:
A tract described as follows: From the Southeast corner of Section l~
.' To\.,nship 29 South, Range 15 East (said corner be,ing also 'the North-
east corner of Section 30, TO\'Inship, 29 South, Range 15 East l, pineJ.l.
County, Florida, run North 89004'07" \'lest along the North boundary.
of said Section 30 a distance of 2819.60 feet; run thence South a
distance, of 10l2.67'feet to a point on the centerline of State Road
No. 694 (County Road No. 208); run thence Northeasterly along the
centerline of said State Road No. 694 along a curve to the right
(radius - 1909.86 feet) an arc distance of 57,2.13 feet (chord,,-
569.99 feet; chord bearing - North 23023'25" East); run thence
North 31058' 20" East along said centerline a distance of 1393.67
feet; run thence Northeasterly along said centerline along a curve
to the left (radius ~ 1909.86 feet) an arc distance of 304.27 feet
(chord - 303.94 feet, chord bearing ,- North 27026'30" East) to a
point of 'tangency of' said centerline; run thence North 220S0~39"
" East along said cC!nter1ine a di.stance of 1843.7'0 feet; run thence
North 67012 '17" l~est a distance of 50.0 feet to a point on the .
, Northwesterly right-of-way line of said State Road No. 694, sa1d
point being the Easternmost, corner of SAND ~EY CONDOMINIUM - SOUTH
BEACH 1, as record~d in Condominium Plat Book 14, ~ages 83 through
89" public 'records of Pinellas County, Florida; run thence North
22050'39" East along said Northwesterly :right-o~-way line of State-- .
Road No. 694 a distance of 260.92 ,feet to a point of beginning:
From said point ~of 'beginn~ng, run North 67009 r ~5" ~iest a distance of
306.02 feet to a cross mark cut in the cap of a concrete ,seawall
as a line marker; 'continue thence North 67009'1-5" West'to the mean
high water' line of, the Gulf of ~lexico to a point hereby designated
for ref~rcnce as pointnx"; beginning again at the point of beginning,
run North 22050'39" East along said Northwesterly right-of-way line
of State Road No.' 694 a distance of 29.13 feet; run thence North
67009'15'11 West a distance of 301.45 feet to a cross mark cut in
the cap of said concrete ,seawall as' a iin~.rnarker; continue thence
North 67009115" l'lest to the mean high ''later line of the Gu1~ of
Nexico; run thence South\-lesterly. along said mean high ~later l;i,~e
to previously designat.ed Point ,"X".
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End Legal Desc ription I
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