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WALLACE AND ANNE BLACKBURN r' , RECORDED PI~LLAS CO. FLORIDA ~Ic~~tr)....-.~ J CLERK CIRCUIT COURT '72004594 I , Ju rz 4 11 PH 'lZ RESTRICTIONS o.i.3702 PAGE 281 :') '" \~ \J WHEREAS, WALLACE W. BLACKBURN and ANNE E. BLACKBURN, his wife, WILLIAM G. BLACKBURN and MYLDRED L. BLACKBURN, his wife, and JOHN D. FITE, a single man, individually and as Trustee, are the owners of the following real property situate, lying and being in the County of Pinellas and State of Florida, to wit: From the SW corner of Lot 256, Morningside Estates, Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Florida, as a P. O. B. ; run S 89008' 54" E, 110 feet to the SE corner of said Lot 256; thence run S 89013' l2".E along the North line of the SW i of the NE i of Section 19, Township 29 South, Range 16 East, 333. 24 feet; thence run S 0051' 16" W along the East line of the West i of the SW i of the NW i of said Section 19, 746.69 feet to a point on the Northerly right of way line of Harn Boulevard as shown on the Plat of Morningside Estates, Unit 4, as recorded in Plat Book 61, page 92 of the Public Records of Pinellas County, Florida; thence run N 89021'12" W along said right of way line 190.46 feet; thence run Northwesterly along a curve to the right of 80.00 feet radius (chord bearing N 66057'28" W a distance of 60.96 feet and an arc of 62.54 feet); thence run N 44033 '45" W continuing on said right of way line531. 94 feet; thence run N 45026'15" E along the Southerly right of way line of Flushing Drive, 194.45 feet; thence run Northerly along a curve to the left of 160 feet radius (chord bearing N 23008'40'1 E a distance of 121. 39 feet and an arc of 124.51 feet); thence run N 0051'06" E along said right of way line 99.71 feet to the P. O. B.; LESS AND EXCEPT the following tract: From South corner of Lot 234 of Morningside Estates, Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pin ell as County, Florida, and run S 44033 '4511 E, 285 feet fora P. O. B.; thence run N 45026'15" E, 325 feet; thence run S 44033'4511 E, 210 feet; thence run S 45026115" W, 325 feet; thence run N 44033'45" W, 210 feet to the P. O. B. ; containing 1~S6 acres M. O. L. and being a part of Lot 17, Pinellas Groves in NW i of Section 19, Township 29 South, Range 16 East and part of Lot 24, Pinellas Groves in NE i of Section 19, Township 29 South, Range 16 East; and WHEREAS, said Owners desire to place certain restrictions upon said property, which shall be covenants running with the land, for the pro- tection of themselves, persons and corporations purchasing said property from them or their heirs or assigns, and the City of Clearwater, Florida, a municipal corporation; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in consideration of the foregoing premises and other good and valuable consideration between the parties, receipt of which is hereby acknowledged, the undersigned, Wallace W. Blackburn and Anne E. Blackburn, his wife, William G. Blackburn and Myldred L. Blackburn, his wife, and John D. Fite, a single man, individually and as Trustee, as owners of the above described real property, do hereby adopt and promulgate the restrictive covenants hereinafter set forth: -1- This instrument was prepared by: I.H"PDT;1D'f' l"iC nnnn:T"T C't !~--,"""",:" :', "d. J)J"i .'1 n. ,] y Attorney CIty Gf Lie:,' \1::~U'r, P. O. Box 4748 Clearwater, Florida 33518 - I 1- ~) -' 7 (.; _.II '", 1-,- .... l V'- L.I _____n___n ____n_____n_______ _ u__ __ . '#- \- .,-.' ~ ) I O.R. 3702 PAGE 282 1. These restrictions and limitations are to be regarded as covenants running with the land regardless of whether they are specifically mentioned in any deeds or conveyances subsequently executed. 2. All structures to be erected on said real property shall be limited in height to forty-two feet (42'). 3. These covenants and restrictions shall be binding on all parties and all persons claiming under them, and no exception, variation or termina_ tion of these restrictions shall be authorized or effective without the prior written consent of the City of Clearwater. However, if the City of Clearwater should at any time acquire fee simple title to any or all of said described real property, the property then owned by the City of Clearwater shall be immediately released from and no longer subject to said restrictive covenants. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 6th day of January, A. D. 1972. #~~/~AL) Wallace W. Blackburn ~/G,~b~{,vu./ (SEAL) Anne E. Blackburn ~ ~'-_. ~ -c:;r-~-~SF.~.J) William G. Blackburn 0UH 2/ uJUL~/ 8~a,~ As to ohn D. Fite (SEAL) J (SEAL) J STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, That on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg_ ments, personally appeared Wallace W. Blackburn and Anne E. Blackburn, his wife, William G. Blackburn and Myldred L. Blackburn, his wife, John D. Fite, a single man, individually and as Trustee, to me known to be the persons described in and who executed the foregoing Restrictions and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and Stca.felasta.:t'oresaid this 6th day of January, A. D. 1972. ... '. , . ~. \,:t, :",~_-.::;,,~ ~~ :"~ i} i.r .~ '~i . :. ',\ Ji'fllHJ. My Commission Expires: Notary Public, Stnte of Florida 2t L'3rge My Commission Expires Au~. 1, : 974 Rnnded by IrJlllllc;.llll;ll~l;I inl:iurance CQ., -2-