CLEARWATER CHRSTIAN COLLEGE PRVATE SCHOOL INCORPORATED
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I INST # 96-293302
- OCT 25, 1996 03: 29PM
I
PINELLAS COUNTY FLA.
OFF.REC.BK 9503 PG 2116
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",:):[/1.<0011' MODIFICATION OF DECLARATION OF UNITY OF TITLE
THIS MODIFICATION OF DECLARATION OF UNITt OF TITLE is made and entered
into this 11ft- day of (Jh.~ ,1996, by and between CLEARWATER
CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida not for profit corporation ("Owner"),
whose mailing address is 3400 Gulf-to-Bay Boulevard, Clearwater, Florida 34619-4595, and
the CITY OF CLEARWATER ("City"), whose mailing address is 112 South Osceola Avenue,
Clearwater, Florida 34616.
WIT N E SSE T H:
WHEREAS, Owner previously entered into that certain Declaration of Unity of Title
recorded in O.R. Book 7905, Page 864, Public Records of Pinellas County, Florida (the "Unity
of Title"), pursuant to the requirements of the City pertaining to the issuance of building permits
and regulating land development activities, for the real property owned by Owner more
particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property");
and
WHEREAS, the legal description attached to the Unity of Title contained scrivener's
errors, and the Exhibit "A" legal description attached hereto is the correct description of the
Property; and
WHEREAS, Owner desires to encumber the Property by mortgaging certain portions
thereof to separate lenders, thereby creating the possibility, in the case of foreclosure, for a
partition of the Property, and Owner desires to modify the Unity of Title to allow such financing
to take place; and
WHEREAS, the City, by execution hereof, has agreed to such modification;
NOW, THEREFORE, the parties agree that the Unity of Title is hereby modified as
follows:
1. Recitals. The recitals set forth above are true and correct and are
incorporated herein by reference.
2. Modification. Notwithstanding anything to the contrary contained in the Unity of
Title, Owner shall be allowed to encumber the Property by mortgaging the property described
as Merritts Hall Parcel, Emmons Hall Parcel and Paden Hall Parcel on Exhibit "B" attached
hereto and made a part hereof (the "Exhibit "B" Property") and the remainder of the Property
/5-023-00
(1)
. .
I
~INELLAS COUNTY FLA,.
OF~.REC.BK 9503 PG 21+7
described on Exhibit "C" attached hereto and made a part hereof (the "Exhibit "C" Property") to
separate lenders and, in the event of foreclosure on either the Exhibit "B" Property or the
Exhibit "C" Property, the partition of the Property resulting from such foreclosure action shall
not be deemed to violate the Unity of Title. In no event shall Owner voluntarily sell, assign,
convey, demise or transfer the Property to anyone, other than the mortgagee of the Exhibit "B"
Property or the Exhibit "C" Property, except in its entirety. In the event title to the Exhibit "B"
Property or the Exhibit "C" Property is transferred pursuant to a foreclosure action or a deed to
the mortgagee of the Exhibit "B" Property or the Exhibit "C" Property, the Exhibit "B" Property
shall be released from the Unity of Title upon recording in the Public Records such instrument
of conveyance, and the Exhibit "C" Property shaliremain subject to the Unity of Title.
3. Ratification. All terms and conditions of the Unity of Title not modified herein
shall remain the same and in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
ignature
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Print Name
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(Corporate Seal)
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By:
CITY OF CLEARWATER, FLORIDA
Elizab
, City Manager
Approved as to form and legal sufficiency:
Attest:
~ Cynt
C!..euL
~, ;;ty Attorney
-2-
. .
J
I QUNTY FLA.
PINELLAS C pG 2118
OFF.REC.~~_9503
STATE OF FLORIDA )
COUNTY OF PINELLAS )
G\ ~hl)e . foregoing instrument was acknowledged before me this /a'f&day of
lL~ , 1996, by GEORGE D. YOUSTRA, as President of CLEARWATER
CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Flcrida not for profit corporation, on behalf
of the corporation. He ii'3 pCfS8Aally Imewn tg mol Ehas presented a Florida driver's license as
identification] .
~~~.~.g)w. A
No 'ny Publ; ~ r,
Print Name: ~ ..,. D~I ~<r
My commission expires: I
STATE OF FLORIDA
)
..",'IVI~""
~~~"'i1fl:~ KATHY E. OTTING
~*;:t ;*~ MY COMMISSION 1/ CC422111 EXPIRES
~. .~. Dee b 12
~J:i"",'~'~ em er ,1998
. ...\'r.,r,..... BONDED THRU TROY FAIN INSURANCE, lNG,
COUNTY OF PINELLAS
BEFORE ME personally appeared RITA GARVEY, the Mayor-Commissioner of the
above-named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and did not take an oath.
WITN ESS my hand and official seal this il day of 1fJ/liJi.tx.A)
,1996.
J'Yo'
~~~ ~\ DenIse A. Wll80n
..: a= M'f COMMISSION , CC538OO8 I:VDID".,
_ . . ;- ~r~
~"'~' June 18, 2000
"'~Rr;,fll'f" BONDED 1HRU TROY FAIN INSURANC!, INC.
Notary Public
Print Name: (
My commission expires:
-3-
I
STATE OF FLORIDA
)
)
COUNTY OF PINELLAS
I
PINELLAS COUNTY FLA
?FF.REC.BK 9503 PG 21i9
BEFORE ME personally appeared ELIZABETH M. DEPTULA, the City manger of the
above-named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and did not take an oath.
WITNESS my hand and official seal this / P day of (/lr~
~~)O ~JJdJU
otary Pub!"' -. ,
Print Name: . SO...t.J
My commission expires: ? / R/~
"....~~f Denlae A. WIlaon
[,,'1 \ MY COMMISSION' CC538008 EXPIRES
~.' June 18, 2000
"'~ " BOIlDED THRU TROY FAIN INSURANCE, INC.
37588.95488
10/08/96 6:03 PM
#0107238.01
,1996.
-4-
I
1
PINELLAS COUNTY FLA.
OFF.REC.BK 9503 PG 2120
EXHIBIT "A"
PARCEL I:
Part of Government Dot 4 in the Northeast 1/4 of Section 16, Township 29 South, Range
16 East and a part of the Northeast 1/4 of the Northeast 1/4 of Section 16, Township
29 South, Range 16 East, :ity of Clearwater, Pinellas County, Florida. bein~ described
as follows: Start at the Northeast corner of Government Lot 4, in the Northeast l/4
of Section 16, Township 29 South, Range 16 East. for a Point of Beginning and go South
00002'42" West, 558.44 feet along the East line of said Government Lot 4; thence go
North 89030'26" West. 300.00 feet; thence go South 41029'04" West. 453.31 feet to a
point on the Northerly ri~ht-of-way line of Courtney Campbell ParkwaYi thence go South
82038'52" West, 302.52 feet along said right-at-way linei thence go North 00002'42"
East, 1654.20 feet; thenc= go South 89057'18" East, 900.00 feet to a point on the East
line of the Northeast 1/4 of the Northeast 1/4 of the aforementioned Section 16i
thence go South OQQ02'42" West, 719.33 feet along said East line to the Point of
Beginning.
AND
PARCEL II:
Part of Government Lot 4 in the Northeast 1/4 of the Northeast 1/4 of Section 16,
Township 29 South, Range 16 East, City of Clearwater, pinella$ county, Florida, being
described as follows: Start at the Southeast corner of the Northeast 1/4 of the
Northeast 1/4 of Section 16, Township 29 South, Range 16 East. and go North 00002'42"
East, 719.33 feet along the East line of sai~ Northeasc 1/4 ot the Northeast 1/4 of
Section 16 to the Point ot Beginning; thence go North 89057'18 West, 900.00 feet;
thence go North OOQ02'42" East, 609.58 feet to a point on the North line of said
Section 16; thence go south 89032'56" EaBt, 900.02 feet to the Northeast corner at
said Section 16; thence g~ South 00002'42" West, 603.20 feet along the East line of
Section 16 to the Point of Beginning.
AND
PARCEL III:
All that part of Government Dot 1 in Section 15. Township 29 South, Range 16 East,
lying South of an Easterly projection of the North line of Government Lot 4 in Section
16, Township 29 South. Range 16 East, Pinellas County, Florida, which projection is
extended to the deep water channel of Tampa 2ay.
E'XfI'T~lT A
I
IINELLAS COUNTY FLA.
OFF.REC.BK 9503 PG 2121
LBGAL DBSCRXPTXON
PARCEL 1
(MERRITTS HALL PARCEL)
A ~art of Government Lot 4 situated in the Northeast 1/4 of Section 16, Township 29
South, Range 16 East, Pinellas County, Florida, and being more particular~y described
as follows:
Commence at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said
Seccion, also being the N~rtheast corner of Government Lot 4, run thence South
OOQ02'42" West, along the East boundary of said Government Lot ~, 42.18 feeci thence
North 89057'18" Wesc, 82.26 feet to a building corner of Merritcs Hall, also being the
Point Of Beginning, thenc~ North 52057'20" West, 50.00 feet; thence South 37Q02'40"
West, 29.3 feet; thence N~rth 52057'20" West, 115.3 feet; thence South 37014'03" West,
60.4 feet; thence South 52Q57'20" East, 22.7 feet; thence North 37Q02'40" East, 10.0
feet, thence South 52057'20" East, 142.8 feet; thence 1'.\rorth 37002'40" East, 79.7 teet
to the Point Of Beginning.
PARCEL 2
(EMMONS HALL PARCEL)
A part of Government Lot ~ situated in the Northeast 1/4 of Section 16, Township 29
South, Range 16 East, pin:llas County, Florioa, and being more particularly described
as follows:
Commence at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said
Section, also being the N,rtheast corner of Government Lot 4, run thence South
00002'42" West, along the East boundary of said Government Lot 4, 324.11 feet; thence
North 89057'18" West, 377.66 feet to a building corner of Emmons Hall, also being the
Point Of Beginning; thenoe North 53029'51" West, 256.7 feet; thence South 360:30'09"
West, 46.4 feet; thence S~uth 53029'51" East, 256.7 feet; thence North 36030'091' East,
46.4 teet; to the point Of Beginning.
PARCEL 3
(PADEN HALL PARCEL)
A. part of Government Lot !l: situated in the Northeast 1/4 of Section 16, Township 29
South, Range 16 East, pinellas County, Florida, and being more particularly described
as follows:
Commence at the Southeast corner of the Northeast 1/4 Of the Northeast 1/4 of said
Section, also being the N,rtheast corner of Government Lot 4, run thence South
00002'42" West, along the East boundary of said Government Lot 4, 558.44 feeti thence
North 89030'26" West, 300.00 feet; thence South 41029'04" West, 290.18 feet; thence
Nor~h 48030'56" West, 338.50 feet to a bui!ding corner of Pa~en Hall, also being the
Point Of Beginning; thene: North 00033'46" West 295.7 feet; thence South 89026'14"
Wesc, 37.9 feet; thence S~uth 00033'46" East, 295.7 feet; thence North 89Q26'14" Easc,
37.9 feet; to the Point of Beginning.
EXHIBIT B
I
1NELLAS COUNTYF"LA.
OFF. EC.BK 9503 PG 2122
PAACEL I:
Part of Government Lot 4 in the Northeast 1/4 of Section 16, Township 29 South, Range
16 East and a part of the Northeast 1/4 of the Northeast 1/4 of Section 16, Township
29 South, Range 16 East, ~ity of Clearwater, Pinellas County, Florida, beins described
as follows: Start at the Northeast corner of Government Lot 4, in the Northeast l/~
of Section 16, Township 29 South, Range 16 East, for a Point of Beginning and go South
00002'42" West, 558.44 feet along the East line of said Government Lot 4; thence go
North 89030'26" West, 300.00 feet; thence go South 4l"29'04" West, 453.31 feet to a
point on the Northerly ri~ht-of-way line of Courtney Campbell Parkway; thence go South
82038'52" West, 302.52 feet along said right-ot-way line; thence go North 00"02'42"
East, 1654.20 feet; thence go South 89"57'18" East, 900.00 feet to a point on the East
line of the Northeast 1/4 of the Northeast 1/4 of the aforementioned Section 16;
thence go South 00"02'42" West, 719.33 feet along said East line to t:he Point of
Beginning.
AND
PARCEL II:
Part of Government Lot 4 in t:he Nort:heast 1/4 of the Northeast 1/4 of Section 16,
Township 29 South, Range 16 East, City of Clearwater, pinellas county, Florida, being
described as follows: Start at the Southeast corner of the Northeast 1/4 of the
Northeast 1/4 of Section 16, Township 29 South. Range 16 Bast, and go North 00002'42"
East, 719.33 feet along tne East line of said Northeast 1/4 of the Northeast 1/4 of
Section 16 to the Point Ot Beginning; thence go North 89057'18 West, 900.00 feet;
thence go North 00"02'42" East, 609.5a feet to a point on the North line of said
Section 16; thence go South 89"32'56" East, 900.02 feet to the Northeast corner of
said Section 16; thence g:) South 00002'42" West, 603.20 feet: along the East line of
Section 16 to the Point of Beginning.
AND
PARCEL III:
All that part of Government Lot 1 in Section 15, Township 29 South, Range 16 East,
lying South of an Easterly projection of the North line of Government Lot 4 in Section
l6, Township 29 South, Range 16 East, Pinellas County, Florida, which projection is
extended to the deep water channel of Tampa Say.
EXHIBIT
C - PAGE 1
I
~';
~NELLAS COUNTY FLA
OFFJREC.BK 9503 PG 2123
.'
tB~ DBSCR7PTXON
PARCEL 1
(MERRITTS HALL PARCEL)
~ part of Government Lot 4 situated in the Northeast 1/4 of Section 16, Township 29
South, Range 16 East, Pinellas County, Plorida, and being more particularly descr~beo
as follows:
Commence at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said
Section, also being the N'~rtheast corner of Government Lot 4, run thence South
00002'42" West, along the East boundary ot said Government Lot 4, 42.16 feet; thence
North 89057'18" West, 82.26 teet to a building corner of Merritts Hall, also being the
Point Of Beginning, thenc~ North 52057'20" West, 50.00 feet; thence South 37002'40"
West, 29.3 feet; thence N~rth 52057'20" West, 115.3 feet; thence South 37014'03" West,
60.4 feeti thence South 52057'20" East, 22.7 feet; thence North 37002'40" East, 10.0
feet; thence South 52057'20" East, 142.8 teet; thence North 37002'40" Bast, 79.7 feet
to the Point Of Beginning.
PARCEL 2
(EMMONS HALL PARCEL)
A part of Government Lot 4 situated in the Northeast 1/4 of Section 16, TownShip 29
South, Range 16 East, Pin:llas County, Florida, and being more particularly described
as follows:
Commence at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said
Section, also being the N,rtheast corner of Government Lot 4, run thence South
00002'42" West, along the East boundary of said Government Lot 4, 32~.11 feet; thence
North 89057'18" West, 377.66 feet to a building corner of Emmons Hall, also being the
Point Of Beginning; thence North 5302~'511\ West, 256.7 feet; thence South 36030'09"
West, 46.4 feet; thence S~uth 53029'51" East, 256.7 feet; thence North 36030'091' East,
46.4 feet; to the point OE Beginning-
PARCEL 3
(PADEN HALL PARCEL)
A part of Government Lot ~ situated in the Northeast 1/4 of Section 16, Township 29
South, Range 16 East, Pinellas County, Florida, and being more particularly described
as follows:
Commence at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said
Section, alao being the N,rtheast corner of Government Lot 4, run thence South
00002'42" West, along the East boundary of said Government Lot 4, 558.44 feeti thence
North 89030'26" West, 300.00 feet; thence South 4l029'04" West, 290.18 feet; thence
North 48030'56" West, 338.50 feet to a bui1ding corner of Paoen Hall, also being the
Point Of Beginning; thenc= North 00033'46" West 295.7 feeti thence South 89026'14"
West, 37.9 feet; thence Sjuth 00033'46" East, 295.7 feet; thence North 89026'14" East,
37.9 feet; to the Point DE Beginning_
EXHIBIT
c
- PAGE 2