BAY SHORE BUILDING COMPANY
eEED 622 ~f.: ~~
DEE D.
S u.\.J E OF F'LOdlDA )
.
.
COUNl'Y OF PINELLAd )
1Hl,3 INDEI.J11CF.E, Made this, the 28th ctlY of
Sep;A;!Ilber, .:.... D. 1929, between ~.Y S-'()h~: :3rIl,ur::G__~~:.:Ji,
3. corporation, organized and exis tin~ uE~cr the 1:1:.:; ,'f
the Stet te of Fle,rida, pa.rty of the first part, ~lnd CItY O!i'
CL"-' . , 'I~ 1'7'D
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a ~.~unic1pal Corporation, rx,:.rty or
: e see (lYX]
oort .
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~ I T N E SSE T H ,~. That the
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ror and in conGlderation of ~~he sum of rl'en Dul1ar~3 (.;lU. ),
and otherV"dluaJ:>le consideraLions, lUY;ful i::G:ley oC
.. 11 (:~
1. : ~') ; +
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States of Amerlca, to it in hand paid by ;Jw s~~dc.l tA~r :i (If ','
second partot at or before ehe ensealing and cielivenr of these
presents, the receipt vIhereof is hereby acknowledp~ed,
granted, bar[alned, sold, conveyed and confirmbd, ;:.nd
1"',.'1 """
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by t.1'!e~;(:
presents dpes grant, bargaIn, sell, conve~l~;.t.nd C(Y rirm Fnto
the said :P1rty of the second part, and to Its SlJCce~3S0n3 and
assigns forever, all the follo\7ing pieces" lXl.rcels,lots or
tracts of land, situate, lying and being in the Connty of
Pinellas, state of Florida, and particularly descri t,ed as
)-10,. f~ll~' to-wit:
That part or Lot One (1) of J. B. .'l'n\l~EY'S :JUBDI-
VISION ot the West Half (Wi) of the Southwest
Q.,uarter ,,<S'Ni) ,,0, f Section Three, (3,,) t, To, wnShi",P T",.,en, t,Y,-
Nine (29l SOl1th, Range Fifteen (15) East, according
c")f '\
Off'!) n.....- ,~
to map or plat or same as apDears of record in
Plat Book Five (5), at page tUnety-s1x . (96) of
the public records ot HillsboroughCounty, ?1oricl(~,
ot whichP1nell~s, County was formerly a part, de-
scri bed as t611ow8:
Beglnningat a. point at loYi water m<:l.rk on ste'ven.:cn' s
Creek, or otherwise known as S".lnset Harbor, "i. j c::;
point ot beginning 1s due Sovth of the : ine.~ vi,,5,:JO
lots Five (6) and Six (6), of Block ":A" of Sl:r:;jHt
Point SuMi vision, as s !:0~1l by G. plat i.lH~.''..;Of' ]'/''-
corded in Pla.t Book One (1), 8.t page ?1fL:/-t-,,;i'~~'~
(58) of the public records of Pinell:.l.s C,ounty, . J. r'5(J~'c;
thence in an Easterly and Southe~sterl:y di.recLion
following the meanderings ot the low wa"':'er J:12.rk of
said Stevenson' sCr~ek or Sunset tia.rbor to u p01r.t
where the South. line of said Lot One (l~ intersec I~S
3a1d low waterline; thence, ':;est to :...be center o~'
the channel as now exist 1r:;:-: 1n;~..i.id Cr,:; uk or 1 pi)OI' :
thence, following themeander1ngs of l,/16 ".xdd !: ,,';' cJ.
on a ll'ne in thecentar of ,..(..me t.o a. point ,: "0~ i :
of point ot beginning; t:lence, North :~o poin~,
beg1nning; also~," ,
A...l that part of. Lot JUne (9) 01' ;:;~~..id t,1. ;5. .1 ,-".
SUBDIVISION, aforesaid, deGcri ;€ld (:.3:ci.LO';~): .-
g, inning at l""O,,',w, water""" "ITa,' rk ~n th,e ~out!1, ;: i.ne ~Y.l,'()'
One (I) ofJ. B. Tinney s uubdivi.;;>iol1,dore.::, .1(.1,
thence alongsa1d lot 'uater rrnrk in a soutclcrl:I
direetlonfol:towlngthe neanderlngs of ;;;Ad 10:: ",:L 61'
line to the Boutheast corner of Lot 1.' nty (~O), f
Block~Bndr Sunset Point subd! visloniLhencc .. e;~t
to the Center of the channel" or thren.d of ~'c ; ~'f:::m:
thence along the center of :Xlld" channel or L~lre ,d .'
the stream in a Northwesterly dlIiection :,0 d. roL:.t~
where said line intersects the South line of LOi~ ,re
(I) or J. B. Tinney's Subdivision, afOri;,S;lid ; ': GLCe,
East alongche South line of said Lot One (1) ~()
point of beginning.
'1'he above descr1 pt10ns being understood to COVE;!'
o,'".:n"",lY"'".,,, ,.,.s,',',','~'"ta,,.,"',,,,,,e,r,.,,g,', .e",.,d", lands, and not ',to ,"', i,n,."',,,C,l,U, ',.,d,." ea.ny upJ.L1.nd,
ff'llsimadeilland or accretions thereto.
" ;- ": ,': '", '"
Al.so..tha.t parcel of land described as: ',Lat
UD;Pla~t,"~,.d. '.~, ct",!"a., s, ~,h,qwn on map or plat of Sunset
t~i1l""'S.ba:1., '~jn:Plat Book One {I), at rage
~~~'fti'I.":!~~~M~~~~1grr~~~~tg~1 ~~n~~l;~~v:
c01!@~ruqted..,,:. '.. 'b~~~ .t.he iJest line of Lot Sixteen
~1~1,;.~lttoctf1q ..i'~;O:r .sa1d Sunset Point SubdIvision, and
,. ,...;,.tb,... ',.' .t!te '. ;'.,. tit ;.U"n n.8 o;r Lot, N1ne(9), of Block
1.~~,'illlm:,11 . ,Bttbd1vlsion.
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DUD 622 rlfiE 22 ",I!,
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Subject honrer:, to &n7 and all easements now exist-
1ng tor telePhone, telegraph and electr1c lines, sewers,
san1tary and 'storm, gas and water ma1ns" p1pes, dra1ns,
condu1ts, over or under said preDds8e.
All of the toregoing being conveyed subjeot to the
rir;hts ot adjacent property owners, and subject to any
and all r1J8r1u rights vested in th1rd persons by
deeds ot conveY8.DCe, or by operat10n ot law, and subject
to the right. ot ei1~ persons to have acceS8 to the waters
ot sa1d Sunset Harbor, and to the channel therein, as well
as to air, new, boatlDl, f1sh1ng and all other r1ghts and
pr1v11eges now enjoyed or usual and 1nc1dent to r1par1an
rights ; no use shall be made ot sa1d property that may
be reasonably object10nable to the present or then owners
ot abutt1ng or adjacent property ; that said premises shall
be used exclusively for park and recreat10nal purposes and
shall not be used or permitted to be used tor commerc1al
purposes ; and its use and enjoyment shall be contined
solely to the use and benet1t ot people ot the Caucaus!an
race. It being understood and agreed as a }Brt ot the
consideration tor whicb this conveyance 1s made thatsa1d
premises shall bI. used exclualvel.y tor I8rk purposes, tor
the use and. benet1t ot the City ot Clearwater 1n general,
~~s~h~O=~~"l~~ t~f~~F~?u~~~~. t:~.ld-
character shall be placed thereon, or on any part or por-
tion thereot.
That each and. ever,J covenant, cond1tion and restriction
here1. contained shall be and const1tute a condition
precedent, and shal. lbe covenants real running wi th the
land. '1'hat upon ',~' v101at10D or breacb ot any or the
88.14 terms, concU:t1ou or covenants, that the property
hereby conveyed sMIl revert to the grantor herein, and
this deed. shall I:e cOIle null and VOid, and any and all
r1g!'lts, interests or title hereby oonveyed shall cease
and term1nate, and the same shall revert to the grantor
herein, 1t. successors, assigns or nominees.
TO HAVE
the SQ.ll8 unto the party or the
second part. Ita su.ccessors and ass1gns, 1n trust, neverthe-
less, upon the terms. conditions and covenants herein contained,
1lo~"~!"'i'~!':~ltlUJllnt~. '
and appurtenances tM~~belODl1D1 or apperta1ning ; am
every right, t1tl':~: ~~est, 1~aa1 orequ1ta~18, ot the
sald 11lU'~. of i1lhe,~~, ot~ 1JI _ 1:0 the_.
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pen: ....,~~~:~: ' "",.,"I~flr~!i:~.~ ";11. Presl4ent,
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t: :l." I . ':,; <:: '~rJ,Jj' f(:,:'i (r"i\::':i"" '!~H!i~'!k tt:l:, '_.d'j ,[ ;iU! L' . ',., 1; ~,I: ,1 .
\1;,;,;1.'1,1 ~:~~ ",I '" lti'r :[1::;!., u, "I';l ,Y~t, Ij iih ,I,' I, ' "
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~\.;U=.:.l Y UF PlNELLAS
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Public, in
that
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!3A Y S :rom~ "ae-Qrp9ra111o:n~!M~'-...."__~',.~,,,,~~,.,,~::;;:~.,
.,.,:>",,< ", ,'.""'~~iJ~i~t,~i:'D/.j ,.', "',," ,'...'."." , .' '."'.,' ," ,,:
Sf HEL ;i:y:S~;r(:I;,;;~J3eer~:(.tf,f3~~Jil~rporatiQ1'tJl
" "'.:;;r:':ii:j,?'~,h':1:'!"");;,.,:,,:;;),,;,::;f'W';,( ,f'. '\,.l!!:i:,i';i~: , ' ',' ", ·
pel's ol1ally knPWlit~Oi:" '. ';;li9_::,~f;ltJ;::li'_:'iPEl:rsone'WhC)s,e name$;
""'.I;;G ';:f"":~',f.".:}: ..'1',';!,." " ',:., ," '".."," "",..,..',".,.",'.'
al'e subscr1l:ad~~; ,t:lae;.t~reg:9drigj1.nstJl'1.11nenta.s'.sU9.h President
and Secretary Ire~~ct~velY appearedibeto~e: MW1s day in
person and ackn(.l~~,e~ect.that they. signeQ.
the 28th
AVERY W. GILKERSON, Clerk of the Circuit Court in and
said State and County, do hereby certify thCl-t as such Clerk I
have custody of and am the officer having charge of the records of
,
the above and foregoing is a
DEED
alYSHbRE:BUILDING COMPANY
Party of first part
and
second part
CITY OF CLEARWATER
..25th day of February
DEED
, Page No. 20
P:tnellas County, Florida.
IN V'lIT'NESS WHEREOF, I have hereunto set my hand and
, Public Records of
> .,'...::;:.'Rf:i",:',.::.L.', ..,..
<::~~~~i.f~~ 815il.this thelSth day of January
. '.'A~:.i.{;~~~;';;t~.:i, <
, :_:;,; .i~~ - ,<,,.. J';::. ' '_:< ~: ~_"!i":_,";
AVERY W. GILKERSON
Clerk.of the Circuit COurt
Pinel1.as County, Florida
BY~~~~&?-.
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EXCERPT FROM MINUTES OF CITY COM}IISSION MEETING FEBRUARY 9, 1925:
January 28, 1925.
TO THE HONORABLE lllAYOR AND COMMISSIONERS
OF THE CI'1"7 OF CLEARWATER.
Gentlemen:--
Referring again to the pending litigation to test the legality of the
recent attenlpted extension of the city limits of Clearwater and to the
various discussions between the writer and yourselves looking to an
amicable adjustment of all conflicting views, I beg to submit the follow-
ing sta tement of the position of the Bay Sho~~. euiJ..ding Company and to
suggest as a~~'60'1-u-t1.onof''''theerie-lre matter, the following:
1. The three ,plats now of record comprjtsing Sunset Point should
be accepted by the City and future street improvements should be made
to conform to the present streets and existing improvements thereof ex-
cept of course that streets may be widened, altered, or changed by agree-
ment of the parties interested or by due process of law should the city
see fit in any case to resort to legal proceedings to bring about a change.
2. That street paving, sidewalk construction and other municipal
improvements in Sunset Point be extended without discrimination against
said territory on account of the width of the streets, the manner in which
they are laid out, or otherwise. That due regard be given to the wishes
of the interested property owners, as the same shall be expressed in
petitions and otherwise, as to the width of pavements to be laid in the
respective streets and the material to be used; such wishes to be followed
in all cases as far as practicable and feasible.
3. That the city should immediately install street 1ights on
Sunset Point Drive, Overbrook Road and Spring Street, not to exceed ten,
and others as residences require.,
., _..v~"__......... >_".._ ._y,_....~_',_n..,.;...... T....."". .
4. That the city promptly refund or procure to be refunded to
the Bay Shore Building Company $180.00 deposited by said company with the
Pinellas County Power Company for the extension of wires in the streeta
of Sunset Point.
5. That the city forthwith take over, operate, and extend the
water system now in use in Sunset Point and serve the residences of said
territory from a well, wells or spring north of Stevenson Creek until
such supply becomes inadequate, or until fire protection is extended by
the City. To that end and for that purpose the Bay Shore Building Company
will permit the use by the city of its water tank now located on Lot one (I)
of Block C thereof, without expense to the city. That within ten days from
the time the city accepts this propo~ition the City Manager and J.B. Paine,
representing the Bay Shore Building Uompany, agree upon a valuation to be
paid by the city for the pipes and equipment of said company and in case
said parties fail to agree within said time, they each appoint an arbi-
trator and the two thus selected appoint a third and the three arbitrators
so chosen shall fix a value after hearing the respective parties interested
and obtaining such other data as in the judgment of said arbitrators shall
.P~1;lEH~~ssary, and the value thus fixed shall be binding both on the city
and n the Bay. SnbrEfffu1.1d-ingceompanYnand.theamountnf.the .~'V!~!'<i.so made
shall be paid by the city within ten days from the date of the aWard~-
6. That the city extend gas mains and other city improvements to
and into said territory upon the same terms and conditions as to other
parts of the city.
7. That the Bay Shore Building COI!lpany convey without cost to
the City the tract known as OVERBROOK PARK, which park the city should take
over, care for and 1mprove, including the streets, the dam across Spring
Branch and the bridge or bridges, and immediately clear up and improve
said park and suitably maintain the same as a Park.
If your Honorable Body sees fit, in its wisdom, to adopt the fore-
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going suggestions and incorporate them into a suitable resolution pledg-
ing the good faith and integrity of the city and its officers to the per-
formance of the same and to the procuring of the passage by the next
Legislature of an Act validating the recent attempted extension of the
territorial limits and relieving all annexed territory of taxation for
the payment of principal and interest on all existing bonded indebtedness
of the city, except such bonds as may be outstanding and unpaid to cover
the cost of City Hall, city parks, water works and gas works, and will
also procure the written approval of the members of the Legislature from
Pinellas County and their promise to work for the passage of such legis-
lation, then and in that event, we pledge our co-operation with you and
with the city to accomplish the end suggested, and will promptly procure
a judicial order terminating the pending suit brought to test the validity
of the a.ttempted extension of the territ()ri!;ll.~imlts of the City.
Very truly yours,
(Signed) J. B. Paine.
Vice-President Bay Shore BuildingCb.
Passed by the City Commission of the City of Clearwater this 9th
day of February, A.D. 1925.
(Signed) Frank J. Booth
Mayor-Coonnissioner
ATTEST:
J. R. Thoma. s
City Auditor and Clerk
. ----...~,-....,...- .--.,--.---., --_..-.'-.....--~. ,~.~~------. .'---"--
SEAL
Moved by Mr. Moore and seconded by Mr. V~llace that the foregoing
resolution be adopted and upon roll call the following members voted "aye",
Frank J. Booth, J. C. Moore, 3. N. McClung# and A. F. Wallace, so the
resolution was adopted unanimously.
~