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HIGHLAND GULF ESTATES NCORPORATED :j ,. , '/0118502, MODIFICATION OF RESTRICTIONS DATED DECEMBER 31, 1968, Au~D SUBSTITUTION OF RESTRICTIVE COVENANTS O.R. 3443 fAGl679 1.'.",' , , . ~ ..... "'\ ...... ..,.-. ,- I; I WHEREAS, HIGHLAND GULF ESTATES, INC., a Florida corp~ oration I as owner of the following described property, s i tua.te, lying and being in Pinellas County, Florida, to wit: A part of the SE-~ of the SW-~ of Section 2, Township 29 South, Range 15 East, described as follows: Start at the NE corner of the SE-~ of the SW-~ of Section 2, Township 29 South, Range 15 East for a P.O.B. and go S 00007106" E, 516.74 feet along the North- % South ~ Section line of said Section 2~ thence go ~~ 07 S 89052 I 54" W, 360.00 feet~ thence go N 89022'48" W, t;~..,.~ 972.17 feet to a point on the 40 acre line (center- ~; ,-~:~ line of Highland Avenue) ~ . thence go N 00007 '41" W, f;,:"::-.. ;:.. ~-~~' 520.05 feet along the 40 acre line to the 40 acre c r:' corner; thence go S 8902611511 E, 1322.29 feet along x,'- . ~~C~) the 40 acre line to the P.O.B.; ro ~JI' ~ c:3 ", (") c.c A o ,- --0 :J: ... .--J c::::J did impose certain Restrictions, running with the 1and, dated December 31, 1968, recorded in OR 3068, pages 110-111 of the Public Records of PinellasCounty, Florida, pertaining to all of the abov~ described property~ and ~ WHEREAS I the above described Restrictions prohibited any exception, variation or termination without prior written consent r of the City of Clearwater~ and ... WHEREAS, the present owner, MULTICON PROPERTIES, INC., has requested the City of Clearwater to modify and/or terminate said Restrictions as more particularly hereafter set out; and WHEREAS, the City Commission did conduct a public hear- ing on the 6th day of July, 1970, for the purpose of consenting to the modification and/or termination of said Restrictions and for simultaneous substitution, in lieu thereof, of the restrictive covenants, running with the land, as hereinafter particularly set out; and WHEREAS, subsequent to the adoption of said original Re- strictions dated December 31, 1968, the aforesaid lands were sold and conveyed by HIGHLAND GULF ESTATES, INC., to MULTICON PROPERTIES, .~ ~~~_{~;J, - Lf- . ... ~ , I .,...t.-/!!;~&IIIII"'I\II>1.~~..~~",.,.. ,- j OR. 3443 PAGE680 .,' ,:t~ " "," . INC., the present owner, and each of said corporations have jointly requested the City of Clearwater to consent to the termination of the aforesaid' Restrictions dated December 31, 1968, and to con- currently approve the substitution of the certaiI} modification of Restrictions as hereinafter set out. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in consideration of the foregoing premises and other good and valuable considerations between the parties, receipt of which is acknowledged, the. undersigned, HIGHIAND GULF ESTATES, INC. and MULTICONPROPERTIES, INC., as their respective interests of public record shall appear, do hereby rescind and terminate each and every restriction, provision and covenant contained in the certain Re- strictions dated December 31, 1968, recorded in OR 3068, pages 110-111 of the Public Records of Pinellas County, Florida, per- taining to all of the above described lands, same being identical with the lands described therein, and in lieu thereof, they do I .. hereby adopt and promulgate the restrictive covenants hereinafter set forth for said identical property: 1. These restrictions and limitations are to be regarded as covenants running wjth the lan~, regardless of whether they are specifically mentioned in any deeds or con- veyances subsequently executed. 2. No building or structure shall be erected within the South and East 33 feet of the subject property. 3. There shall be no building or structure erected on said property which shall exceed two (2) stories in height. 4. There shall be no windows, doors, or other openings in the second floor of the South and East exterior building walls of any building or structure erected within the South and East 50 feet of the subject property. 5. There shall be no paved parking spaces, areas or drive- ways or accessways constructed or erected within the South and East 33 feet of the subject property. 6. There shall be no paved parking turn-around areas erected or constructed within the South and East 20 feet of the subject property. 7. There shall be erected and maintained a fence with appropriate landscaping and plantings along the entire -2- ~,':r~.,_ ~aV:it)1:_..~fi',.;~:~~.,~..:.,".- , . ... I ~' ".. -.., ..:'-"", j OR. 3443 _ P~G~ 6B1 South and East boundaries of the subject property to screen them from the adjoining residential area. 8. All entranceways to and exits from the subject property for vehicular traffic shall b~ from G~eenlea Street on the North. 9. These covenants and restrictions shall be binding on all parties and all persons claiming under them, and no exception, variation or termination of these restrictions shall be authorized or effective without the prior written consent of the City of Clearwater. The City of Clearwater expressly joins in the execution of this instrument for the purpose of granting and evidencing its consent to the termination of the Restrictions dated December 31, 1968, recorded in OR 3068, pages 110-111 of the Public Records of Pinel1as County,. Florida, as well as for the purpose of showing its approval of the substituted restrictions and provisions re- ferred in subparagraphs 1 through 9 above for all of said described lands. Dated this /7/1tday of . Signed, sealed and delivered in the presence of: ~..;Ji ~..-' , _ia-':t;~ :" " '" .,."t,y <%oas to '~'HLAND GULF ESTATE {",:./ .. (;>~~: ~~:-::" CQRJ?OIm-1'~:-"g,EAL:. :: - : ~ ~"'~,~ -'~---:.; "-""""... ,;.':-,'-:..':';' _,.:r ~~ '. ,....., ""; ... ~"'O!\J_~""":' (.,,{.t.~~~.* ~~) (;.. ~~~::.: ~ ,,~~;~ ~f, ,,', "1I1Qj1W1O10 u'" ~::, .:~~;~:~~i;;' j ~,~; ~ v - , ....~0.(l~ c._..._~... ~u~~~= ~.... ..._~~ as to MULT(tON ;R~~~;:fi;~. INC. .'\ ' CO~OAAtt1i;~AL: ~,' '-~.;,:. >......'.-;..,.', ',"...:;..r' _~:. ,-' ~ \\~.~ :~~ -- :z . - " __lol... ~ "'#1' ~--' : ....~ ~ : ,~'-t~ ~ ::.- ~~~~~~::: '"'~ -3-' /Z7. A.D., 1970. . HIGHLAND GULF ESTATES, INC. ,#,~ 4- P eS1den~ . r .. By: By: I ~~~~ Chairman.of' the Board " , '! .,.~,~. ';. ,,' -,- lilI ,. .... ~ ,_ 't. "::"" . , . .1 .~ ..i.,,~'~l_~~i~(;" .:,-,.l!',r.~:: By ~cJ~ ~ City Manager . '~. ~ ! X:~ -;t3~~_ KaLrC~ pproved as to form and ~~ City Attorn y STATE OF FLORIDA ) '"COUNTY. OF ~ ) Pasco I,-an officer authorized to take acknowledgme:nts according to the laws of the State of Florida, duly qualified and acting, hereby certify that W.. Sue Ely , as president and George S. Dailey ,as secretary of HIGHLAND GULF ESTATES, INC. to me personally known, this day personally appeared and acknowledged before me that they executed the foregoing, and I further certify that I know the said person making saia acknowledgment to be the individual described in and who executed the same. SeaL at IN WITNESS WHEREOF, I hereunto set my hand and official New 'Port Richey '~h1S "17th'day 6f August ,A.D., 1970. ~~.. G~C7 Notary Public , - My :;;-, .;~ ~~ ~ Commission ezrires: -",~J ~ 11/16/1973 , .. .,,;;;' ~, ",: .' OHIO STATE OF ~~ ) FRANKLIN COUNTY OF PJrm;JJ:\~ ) I, an officer authori~ed to take acknowledgments according to the laws of the State of~, duly qualified and acting, -hereby certify that Peter H. Edwards , asC~ aW ~ H. Thayer , as secretary of MULTICON PROPERTIES, INC. to me personally appeared and acknowledged before me that they e~ecuted the foregoing and I further certify that I know the said person, makingsa~dacknow- ledgm.erit to be-the-indi-vidtra1:de-scr-ibed-inandwhe-executed .thesame.- IN WITNESS WHEREOF, seal.a~", Columbus~ Ohio this . '-~~~'~::"~~':S~/~\ / :' ~;! Lf} ~'~ "My Commis~LOn expires: 'GEORGIAN~f. JONES, Notary Public; FRAI',KUl,& LICKING COUNTIES, OHIO MY ~OMMISSIOI'lEXPIRES APRIL 17, 1975. I hereunto set my hand and official ~lst day of August A.D., 1970. 1111~o..L;/l/dJ.\ .. ..-J, Qf)~ ({Notary Publi&' . . . <""\ -4- ,. ,~I ..:-<:. .....' ,';- ~J \ ot 3443 fAGE 683 ~ \.' : ,ST ATE OF FLORIDA ) ) COUNTY OF PINE LLAS ) I, an officer authorized to take acknowledgments according to the laws of the State of Florida, duly qualified and acting, hereby certify that Douglas K, Mattson as Vice President of MULTICON PROPERTIES, INC. 'to me personally known, this day personally appeared and acknowledged before me that he executed the foregoing, and I further certify that I know the said person making said acknowledgment to be the individual described in and who executed the same, IN WITNESS WHEREOF, I hereunto set my hand and official seal at Clearwater, Florida, this 29th day of October, A, D. 1970. , !d,' ~ ..' . - I> ... _ , ..,....,. , ..~tt< . . My Commission Expires: Notarv Put!:;:. Stote of F!or:.da at U'rge My Comm:s::;on E;,pires J\ug. 1,197~ Bonded by JranS<lllOiJHCa In::.uranc.,; ~o. .h ~ ,- -" ~~ ...-o,:.j . ~:,o ~\ j. l.,,_J,_,\";,,;. c, , _>' ,"-'./0 w ,,'- .:.....:... .......,1 . . . ' . ~ ~ -5-