Loading...
FBC LAND COMPANY /J R.o.. tt./ c-t; e ~~ 41 St 42 Sur 43 Int Tot /f , ,~ ~'-, ,> ~,. ~- -...... _. _;"l I 75129469 I " ~.~. 4336 ff\G~i015 COVENANTS AND RESTRICTIONS :>, . ~ (I) )~' I;! ~ :; ~:j c{) .~'~~ T'''.{ () "_,-J (q " C'C" o yo \ o ()~f) fhrHEREAS, FBC LAND COMPANY, a Florida corporation, is the fee simple owner of the real property situated, lying and being in the County of Pinellas, State of Florida, described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, said FBC Land Company desires to place certain covenants and restrictions upon said property which shall run with the land for the benefit and protection of the City of Clearwater, Florida, a municipal corporation, the owner of said property and all persons and corporations purchasing said property from it or its successors, assigns, heirs or personal representatives; 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, FBC Land Company, a' Florida corporation, as owner of the real property described in Exhibit A attached hereto, does hereby adopt, promulgate and place in full force and effect the covenants and restrictions hereinafter set forth in connection with said described real property: 1. These covenants and restrictions are to be regarded as running with the land regardless of whether they are specifically mentioned in any subsequent deeds or conveyances of any or all of said described real property. 2. FBC Land Company by and on behalf of itself, its successors and assigns and on behalf of any subsequent owner of said described real property, hereby specifically covenants and agrees as follows: !I' nt2 .-' It "' .' '" J, ,E- ~i',~i ~ ",m .... ,..~ c:> ~ <: - ::0 t:J ...~ (it) That it shall on or before two years from the date hereof,-- at its sole cost and expense construct and complete for the W City of Clearwater four (4) regulation size tennis courts on If' any property within the corporate limits of the City of .... Clearwater which the City of Clearwater so directs. ,~ . ...... U'I (b) Said tennis courts shall be constructed in accordance with the plans and specifications approved by the City of Clearwater Recreation Department for' construction of tennis courts for the McMullen Tennis Complex within the City of Clearwater and shall upon their completion be the sole property of the City of Clearwater. -1- r:T 'TLT~~~,.r TO: C-TY C:Li-~~( (jr :' ( . ,~ ,',' ,~... ,~ ,', 15-Dlq - ;Z f~ ~_. I ~ I I Q. i:.4336 PACE1016 3. That the aforementioned covenants and restrictions shall be extinguished if on or before two (2) years from the date hereof, owner, FBC Land Company and the City of Clearwater mutually agree upon the selection of a minimum 3.4 acres of real property from the real property described in Exhibit A attached hereto and said FBC Land Company shall convey and donate to the City of Clearwater title to said selected real property by warranty deed, free and clear of all liens and encumbrances of any type whatsoever. 4. That if prior to the complete performance by FBC Land Company or its successors in title to said real property described in Exhibit A attached hereto, by either the constructing and completing of the said tennis courts or the conveyance of the specified property to the City of Clearwater, that foreclosure proceedings are commenced and completed of any existing mortgage encumbering any or all of the real property described in Exhibit A attached hereto which shall result in FBC Land Company no longer owning said real property described in Exhibit A, that this obligation on behalf of FBC Land Company to construct and erect the four (4) described tennis courts for and on behalf of the City shall continue to be a direct obligation and commitment on behalf of the owner, FBC Land Company, and in the event not complied with in the time limitations provided, the said City of Clearwater shall be entitled to immediately institute appropriate legal action and proceedings for the purposes of enforcing said covenants and obligations or for the purpose of collecting damages for the breach thereof. Should the City of Clearwater institute legal proceedings to either enforce the terms and provisions of these covenants and restrictions or to collect damages for the breach thereof, then FBC Land Company and/ or the then present owner and holder of the title to the real property described in Exhibit A attached hereto shall be obligated to also pay the cost of said proceedings, including a reasonable attorney's fee in connection therewith on behalf of the City of Clearwater. 5. Owner, FBC Land Company, covenants and agrees that none of the terms, provisions or covenants contained in these covenants and restrictions -2- -,-"',-'. . I t. R. 4336 PACEi 017 may be altered, amended or changed in any way without first obtaining the prior written consent and approval of the City Commission of the City of Clearwater, Florida. 6. It is specifically understood, covenanted and agreed that all of the above set forth covenants and restrictions shall run with the real property described in Exhibit A attached hereto and shall bind hot only the present owner but all of its successors and assigns whether they are specifically mentioned in any conveyance, deed or transfer of all or any of said described real property. 7. Royal Racquet Club, Inc., a Florida corporation, hereby enters into and executes these covenants and restrictions for the purpose of acknowledging that it has been advised and informed and is fully aware of all of the conditions, terms and provisions contained herein. IN WITNESS WHEREOF, FBC Land Company has set its hand and t;tl seal this day of October, A. D. 1975. Signed, Sealed & Delivered ~n the Presence of: \ \'\ ,<,"" ;\" tJ ~ . . \ '.(' / (J~ -"ft 4<7 \.../ ~'" , , '"( FBC,~,. ND CJrP~Y .... .':'::':::'.'.':::'~"" By" ?U,d;/ 0(/ ~" . " ... '" ,', I)' " Fred B. Bullard, Preside1it,:.:~,~ 1/,) \ S." (Corp. Seal) j~7{ ~2\~) ~, , ';'" " t.-' \,,,'1 '~I~:?,..,... " . !' "") r" , '_ ~ ~" ~( \~, '''4 .:l ,\ \ 1, J ~ ( , I , I , r I : \ ' . ,,' ;" 1 ST ATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME personally appeared Fred B. Bullard as President of FBC LAND COMPANY, to me known and known to me to be the person described in and who executed the foregoing instrument a13 President of said corporation and he acknowledged to me that he executed said instrument as such officer and affixed the corporate seal thereto by order of the Board of Directors of said corporation for the purposes therein mentioned. ,"" j\\i; ,I'" WITNESS my hand and seal this (~ day of October, 1 <{7:~~;'::' r,/""".),..,j,;J.', My Commission Expires: NofIty Pu~n~. state of Florida It l~r):!e Id.V ~mml$s'on Expires JAN. 31. hili fu)(~ 0\ {I , &_l ~~ e I 6 ,rn~~~t):!': Notary Pubhc ".,:', ", " ,,' '/ ' " .' ACCEPTED AND AGREED TO: -3- ~ I I STATE OF FLORIDA COUNTY OF PINELLAS c. i.4336 PAcr1018 BEFORE ME personally appeared Fred B. Bullard, as President of the ROYAL RACQUET CLUB INC., to me known and known to me to be the person described in and who executed the foregoing instrument as President of said corporation and he acknowledged to and before me that he executed said instrument as such officer and affixed the corporate seal thereto by order of the Board of Directors of said corporation, for the purposes therein mentioned. WITNESS my hand and seal this (oL~ day of October, 1975'1'1" \~I; \. "! r I., _ My Commission Expires: Notary Pu~Ii:, Stale Df FIDrida at large .let ~sslon .Expires JAti. ~1.l ~1' \ .." ':-/ -' '-: "',<-"-. <<'8/'l;,';, " . ,". ",,'_ _".' ',', ,'1" ~~.Dv.Q,~~; ;,,~~~' ,;',' Notary Public '::~.",' ./ ::' ::..<~:') ''':'.;~ . \ ,.", \,\' -4.. p-.- , ...t- ~~\ I , I " EXHIBIT A a. R.4333 PAGE1019 LEGAL DESCRIPTION A tract of land lying in the ~E 1/4 of Section 7, Township 29 South, Range 16 East and being more particularly described as follows: From the East 1/4 comer of said Section 7. run N 00 54' 38" E, a distance of ~63. 06 feet to a point; thence run N 810 07' 02" W, along the centerline of the Seaboard Coastline Railroad right-of-way, a distance of 121.17 feet to the westerly right-of-way of U.S. Highway 19; thence run N 00 54' 38" E. along said right-of-way, a distance of 50.49 feet to the P.O.B. Thence continue N 00 54' 38" E. along said right-of-way, a distance of 167.57 feet to a point; thence remaining with said right-oi-way. run S 890 05' 22" E, a distADCl of 10.0 feet to a point; thence reI!laining with said right-of-way, run N 00 54' 38" a distance of 500.0 feet to a point; thence remaining with said right~of-way, run S 890 05' 22" E, a distance of 10.0 feet to a point; thence remaining with said right-of-way. run N 00 54' 38" E, a distance of 230.80 feet to a point, thence leav: said right-of-way run N 890 56' 05" W, a distance of 30.65 feet to a point. said point being on the easterly line of Tract I; thence run S 00 54' 38" W, a distance of 256.13 feet to a point, said point being the southeasterly corner of Tract I; thence run N 890 06' 45" W. along the southerly line of said Tract I. a distance of 554.87 feet to a point; thence run S 00 53' 15" W. a distance of 562.40 feet to the northerly right-of-way of the Seaboard Coastline Railroad; thence runS 810 07' 02" ,E, along said right-of-way, a distance of 570.80 feet to the Point of Beginning; containing 8.098 acres more or less. AND. ~ A tract of land lying in the NE 1/4 of Section 7, Township 29 South, Range 16 East and being more particularly described as follows: From the East 1/4 comer of said Section 7. run -N 00 54' 3811 E, a distance~f 363~0 feet to. a point; thence run N 810 07' 02" W, along the centerline of the Seaboard Coastline Rai,lread right-of-way. a distance of .121.17 feet to the westerly' right-of- way of U. S. Highway 19; thence run N 00 54' 38" E. along said right-of-way, a c!ist; of 50.49 feet to the northerly right-of-way of the Seaboard Coastline Railroad, alsl being,the southeasterly corner of Tract II; thence run N 810 07' 02" W along the southerly line of Tract II a distance of 570.80 feet to the Point of Beginning, alsc being the southwesterly comer of Tract II: Thence continue N 810 07' 02" W. along said right-of-way, a distance of 425.16 feet to the westerly right-of-way of Florida Power, Inc.. thence run N 00 48'49" E, alaI said right-of-way, a distance of 976.45 feet to a point; thence run S 890 06' 45" 1 a distance of 422.28 feet to a point. said point being the northwesterly corner of Tract I; thence continue S 00 53' 15" W, along the westerly line of Tract I and II, a distance of 1035.59 feet to the Point of Beginning, containing 9.738 acres more 0: less. AND. ,- A tract of land lying in the NE 1/4 of Section 7. Township 29 South, Range 16 East and being more particularly described as follows: o ' From the East 1/4 corner of said Section 7. run N 0 54' 38" E. along the east line of said section, a distance of 1330.2.0 feet to a point, thence run N 890 56' 05" W. a distance of 335.64 feet to a point; thence run N 00 53' 15" E, a distance of 220.1 feet.to the Point of Beginning also being the northeasterly corner of Tract I: Thence continue N 00 53' 15" E, a distance of 873.94 feet to a point, said point being on the southerly right-of-way of N.E. Coachman Road (66' R/W); thence run S. 5So 21' 40" W, along said right-of-way a distance of 916.54 feet to a point; thence leaving said right-of-way run S 00 48' 49" W, a distance of 381.13 feet to a point, said point being the north~esterly corner of Tract III; thence run along the northe o ' line of Tract III and Tract I S 89 06' 45" E. a distance of 772.28 feet to the Poi' , of Beginning, contained 11.131 acres more.:>or less. ' . :; c_ ~ ~-' ~~~. -\..: ~. ~, I RIDER A I ~9. R. 4336 PAGE10~O Excepting therefrom. however, the following tracts designated hereinafter as ~ Tract "A" and Tract "B". TRACI"AII ~ A tract of land lying in the NE 1/4 of Section 7, Tcwnship 29 South, Range 16 East, i and being more particularly described as follows: II U From the East 1/4 corner of said Section 7, run N 00 54' 38" E, along the east line !' of said section, a distance of 13'30.2'0 feet to a poiBt; thence run N 890 56' 05" W, a distance of 336.64 feet to a point; thence run N 0 53' l5".:E, a distance of 220.0C, feetton~he POf.l1t of Beginning, also being the southeasterly i'corner of Tract IV.' 'I ~ o ,~~ Thence run N 0 53' 15" E, along the easterly line of Tract 1,1 a distance of 135.00 :~ feet to a point; thence leaving said Tract line run N 890 06" 45" W, a distance of ~ 150.0 feet to a point; thence run N 00 53' 15" E, a distance of 155.0 feet to a ~ point; thence run N 890 06' 45" W, a distance of 200.0 feet to a point; thence run :; S 00 53' 15" W, a distance of 290.0 feet to a point, said poi'1t being the northweste;: comer of Tract I; thence run S 890 06' 45" E, along the northerly line of said Tract"' a distance of 350.0 feet tothe Point of Beginning, containing 1.796 acres more or le~ ,TRACI "BII A tract of land lying in the N.E. 1/4 of Section 7, Township 29 South. Range 16 fast" and being more particularly described as follows: From the East 1/4 corner of said Section 7, nUl N 00 54' 38" E, a distance of 1330.2, feet to a point; thence run N 890 56' 05" W, a distance of 335.64 feet to a poir,t; thence run N 00 53' 15" E, a distance of 220.0 feet to a point. said point being the, ' Northeast corner of Tract I; thence run N 890 06' 45" W, along the northerly. line of Tract I,' a distance of 350.0 f.eet to a point. said point being the northeasterly corner of Tract III; thence continue N 00 53' 15" E, a distance of 170.0 feet to the, Point of Beginning. Thence run N 00 53"1511 E, a distance of 363.94 feet to a point; thence run N 890 06' 4511 W, a distance of 21.94 feet to a point; thence run N 310 38' 20" W, a distanc of 86.68 feet to the southerly right-of-way of N.E. Coachman Road; thence run S 580 21' 4011 W, along said right-of-way a distance of 66.00 feet tcr a point; thence 1eavit said right-of-way run S 310 38' 20" E, a distance of 165.89 feet to a point; thence run S 00 53' 15" W, a distance of 202.73 feet to the P.C. of a curve, thence run southwesterly along the arc of a curve to the right a distance of 60.99 feet to the P.T., said curve having a radius of 135.19 feet, a delta of 250 50' 55", a chord of 60.47 feet, bearing S 130 48' 42.5" W;,thence run S 890 06' 45" E, a distance of 48.: feet to the Point of Beginning, containing 0.474 acres, more or less. .' . .- , c. .. 4 _ -t,., ~ t, '"