LAURA NALL CONNOLLY TRUST (2)
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINElLAS COUNTY, FLORIDA CITY ATTORNEY
THE LAURA NAll CONNOllY TRUST,
Plaintiff,
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CASE NO. 01-002523-CI-15
CITY OF CLEARWATER, FLORIDA
Defendant.
I
FINAL JUDGMENT
THE ABOVE CAUSE came on for hearing on the Stipulation for Entry of Final
Judgment executed by the parties on the 02/ day of ~ 2002, and the Court
being fully advised in the premises, it is hereby
ORDERED that:
1. This Court has jurisdiction over the parties and the subject matter of this
action.
2. Plaintiff, THE LAURA NALL CONNOLLY TRUST, and Defendant, CITY OF
CLEARWATER, were and are fully authorized to enter into the Stipulation for Entry of
Final Judgment of ~ ,}./ , 2002, and the Stipulation for Entry of Final Judgment
is valid and binding upon Plaintiff and Defendant.
3. The court accepts, confirms and incorporates the terms of the Stipulation
for Entry of Final Judgment entered into on ~ .) I , 2002, and filed herein, and
the parties are hereby ordered to comply with the terms and conditions of the
Stipulation for Entry of Final Judgment as if said terms and conditions were fully set
forth herein.
4. The Court hereby retains jurisdiction of this cause and the parties hereto
for purposes of enforcing the Stipulation for Entry of Final Judgment and this Final
Judgment.
5. This Final Judgment is intended, and shall be construed, as creating a
covenant which runs with the land, and the same shall be binding upon Plaintiff,
Defendant and any and all successors in title to the real property located in Clearwater,
Pinellas County, Florida, which property is more fully described in the Stipulation for
Entry of Final Judgment, a copy of which is attached to this Final Judgment.
6. Any party hereto, or any successor in interest to the real property
described in the Stipulation for Entry of Final Judgment attached as an exhibit to this
Final Judgment, shall have the right to enforce this Final Judgment by motion for
injunctive relief, or by any other civil remedy available at law or in equity.
DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this
day of
, 2002.
CIRCUIT JUDGE
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Copies furnished to:
Darryl R. Richards, Esquire
Leslie K. Dougall-Sides, Esquire
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRC~(g[g~W~lQ)
IN AND FOR PINElLAS COUNTY, FLORIDA J U' 'Y
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THE LAURA NAll CONNOllY TRUST,
CITY ATTORNEY
Plaintiff,
V5.
CASE NO. 01-002523-CI-15
CITY OF CLEARWATER, FLORIDA
Defendant.
I
STIPULATION FOR ENTRY OF FINAL JUDGMENT
Plaintiff, THE LAURA NALL CONNOLLY TRUST, and Defendant, CITY OF
CLEARWATER, a municipal corporation organized and existing under the laws of the
State of Florida, hereby stipulate and agree as follows:
1. THE LAURA NALL CONNOLLY TRUST, a Florida trust, is the Plaintiff in this
action and the owner of property which is the subject of this action ("the Property").
The Property, described more fully in Exhibit "1" attached hereto and incorporated
herein by reference, consists of 4.47 acres currently unimproved, with current
comprehensive land use plan classifications of "Residential Low jviedium" and
"Residential Urban," and currently located within the "Mobile Home Park" City zoning
district. Plaintiff applied for a comprehensive land use plan amendment to the
"Residential/Office Limited" classification and for a rezoning to the "Office" zoning
district for the subject property, which applications were denied by Defendant CITY OF
CLEARWATER, resulting in the filing of this action.
2. Plaintiff and Defendant desire to amicably resolve the dispute that has
arisen between the parties in regard to the appropriate comprehensive plan land use
category and zoning district applicable to the property.
3. The proceedings in this action have been stayed by previous order of the
Court based upon proposed purchase of the subject real property through the Florida
Communities Trust program.
4. In order that the dispute may be resolved and the transaction may be
completed, the parties hereby stipulate and agree that the Property has a
comprehensive plan land use classification of "Residential/Office Limited" and a zoning
district classification of "Office." The parties also stipulate that Plaintiff or its successor
in title shall be entitled to all benefits of the Residential/Office Limited land use
classification and Office zoning district for the Property.
5. Plaintiff or its successor in title shall be required, in the event the property
is developed, to submit a site plan and building permit applications to the City of
Clearwater in accordance with land use and building code provisions in effect at the
time of such submittal.
6. This Stipulation for Entry of Final Judgment and the final judgment to be
entered by the Court shall be enforceable by either party by injunctive relief or by any
other legal or equitable remedy available in civil actions at law or in equity.
7. This Stipulation for Entry of Final Judgment and the attached final
judgment shall be deemed to establish property rights and obligations that run with the
land and that are binding upon and enforceable against and in favor of Plaintiff, its
successors in title, and the City of Clearwater.
8. The parties and their successors and assigns shall be bound by the terms
of this Stipulation for Entry of Final Judgment upon its execution and confirmation by
the entry of the attached final judgment in this cause, unless the terms hereof are
modified by mutual agreement of the parties and are approved by the Court at a later
date.
9. The Court shall retain jurisdiction over the subject matter and the parties
for the purposes of enforcing the executory provisions of this Stipulation for Entry of
Final Judgment and the attached final judgment.
10. This Stipulation for Entry of Final Judgment and final judgment in this
cause shall be recorded at the expense of Plaintiff and a recorded copy thereof shall be
provided to the City of Clearwater.
11. No other agreement, either express or implied, which is not made a part
of this Stipulation for Entry of Final Judgment and the final judgment of the Court shall
be binding and enforceable against the parties hereto with respect to the parcels
described herein, and any modifications or amendments to this Stipulation for Entry of
Final Judgment shall be in writing, signed by all parties, and approved by the Court.
This Stipulation for Entry of Final Judgment and the attached final judgment shall apply
only to the real property described in Exhibit "1" hereto, and not to any other property
now owned or later acquired by Plaintiff.
12. Plaintiff hereby represents that all necessary action has been taken by
Plaintiff to make this stipulation binding and effective. The Clearwater City Commission
approved this Stipulation for Entry of Final Judgment on June 20
, 2002.
13. Each party shall bear its own attorneys' fees and costs of this action.
June
DATED this 21st day of p1lJ1!nl~", 2002. By execution of this Stipulation for Entry
of Final Judgment in the space below, the parties agree to be bound by the terms and
conditions of this Stipulation for Entry of Final Judgment.
THE LAURA NALL CONNOLLY TRUST
BY:~rdS
JOHNSON, BLAKELY, POPE,
BOKOR, RUPPEL & BURNS, P.A.
Title: Attorney for Plaintiff, The Laura
Nail Connolly Trust
Countersigned:
CITY OF CLEARWATER, FLORIDA
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Briar( J. Aun '
Mayor-Com ssioner
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Approved as to form:
Attest:
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Leslie K. Dougall-Sid '
Assistant City Attorney
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Cynthia E. Goudeau
City Oerk
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',":Tl'1ae portIon or Ccu-nhi "Clad 31IYlngi;;s'~-ctio" 15, TownshIp 29 SQuth, Range 16 East, PInel/as
CountY, FlorIda, as Y~c~ted by ResolutIon No. 97-154 reccrdld In ornc~al Records Sook 9762, p.!ge
1872, Flubflc; Records of Plnellas CClll1lty, Aorldll, more pzrrt/l::Ulllrly delsc:!lbed U follows:
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'. Commence ~t the Northwest i:~~~r 'ort"-~t ~~rtal" tract or lend described In Warranty Deed
recorded In Offic:lal R.ecords Sock SS?S,page lOS2, Puellc R@cords cf Plr'JIlllas County, Florida, said
Northwest c:.orner bill'll; 37.97 feet West cr thll Northeast comer of Tract C of MYRON A. SMITH'S
BAY VIEW SUBDIVISION, as recorded In Plat Book 25, plIge 57, Public: RecQrds cf PIn-lias County,
florIda Ind b@Ing a pclnt on the Southerly right of way of County Road 31; thence illong the '
Southerly rIght of way" North 67~29'QS" Eut, 138.99 feet tc the POINT OF BEGINNING; tnenc:e
Ncrtn 21"46'2511 West, 66.04 feat to it poInt on the Northerly right of way or saId County ~oad 31:
th@/"lce alQn9 said Northerly rIght of W~y, North t57"29'OS'" cast, 251.74 feet; thenc:e South _
22.30'55" czrst, 65.03 feet to a poInt on th8Southeny tight or way of said County R.oad 31; thence
alQng saId Soutt'lI:rIY rlghr or way, South 67"29'05n West, ,259.50 feet to the POINi OF BEGINNING,'
PARCEL 4;
EXHIBIT 1