MORTON PLANT HOSPITAL ASSOCIATION INCORPORATED AND OTHERS
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,L..4201 PlGft2?3
A G R E E MEN T
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WHEREAS, MORRIS BILGORE, MAXWELL B. SACKHEIM, ALFRED
SCHICK, M.D., THE MORTON F. PLANT HOSPITAL ASSOCIATION, INC.,
ST. ANTHONY CORPORATION, ROBERT HAWORTH and TEMPLE B'NAI ISRAEL,
through H. H. BASKIN, JR., their duly authorized representative,
did, by Amended Petition for Annexation, request THE CITY OF
CLEARWATER, a Municipal corporation of the State of Florida,
to annex the following described lands, to-wit:
The NW~ of the NW~ of Section 17, Township
29 South, Range 16 East, pinellas County,
Florida, less and except the West 100 feet
thereof for right-of-way of U. S. Highway
#19 and less and except the South 200 feet
thereof.
and further request that a portion of said property situated on
the Southeast corner of the intersection of Drew Street, if extended,
and U. S. Highway 19, more particularly described as follows, to-wit:
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Part of the Northwest ~ of the Northwest
~ of Section 17, Township 29 South, Range
16 East, pinellas County, Florida, described
as follows: From a point-of-beginning which
is 100.0 feet East of the West boundary and
30.0 feet South of the North boundary of said
Northwest ~ of the Northwest ~ of Section 17,
run South 89057'40" East, parallel to the
North boundary of said Northwest ~ of the
Northwest ~ of Section 17, a distance of
700.0 feet; run thence South 1003'04" West,
parallel to the West boundary of said North-
west ~ of the Northwest ~ of Section 17, a
distance of 400.0 feet; run thence South 450
32'42" West a distance of 427.99 feet; run
thence North 89057'40" West a distance of
400.0 feet; run thence North 1003' 04" Eas t,
parallel to and 100.0 feet East of the West
boundary of said Northwest ~ of the Northwest
~ of Section 17, a distance of 700.0 feet to
the po~nt-of-Beginning.
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be zoned Parkway Commercial and that the balance of said property
be zoned R-3 (c); and
WHEREAS, the Planning and Zoning Board of the City of
Clearwater did recommend such annexation and zoning pursuant
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o. 1.4207 rAGEl274
to notice and public hearing on May 4, 1971; and
WHEREAS, the City Commission of the City of Clearwater
did thereafter favorably consider the matter on May 17, 1971,
at a public hearing and, by motion unanimously passed, did in-
struct the City Attorney to prepare an appropriate Annexation
Ordinance for all of said property and that said Ordinance grant
the Petitioners' requested zoning as more particularly shown
by the Amended Application therefor, dated April 21, 1971,
provided an Agreement could be reached with the Petitioners, as
well as the contract purchaser, Norco Properties, Inc., a Florida
corporation, with respect to the following, to-wit:
(a) That the portion of the subject property to be zoned
R-3 (c) be voluntarily restricted by the owners pursuant to a
covenant running with the land setting forth that said property
so zoned should never be used for a multi-family residential
density exceeding eighteen (18) units per acre; and
(b) That an appropriate Agreement be executed and delivered
by Norco Properties, Inc., the proposed Grantee from the aforesaid
applicant's, wherein said Grantee would obligate itself to pay
a sum, in cash, not to exceed Fifteen Thousand ($15,000.00) Dollars,
representing the agreed share of the paving for one half of the
right of way of Drew Street, if extended, East from U. S. High-
way #19 and that such sum be paid to the City, in cash, at such
time as the City shall hereafter actually undertake to pave the
aforesaid portion of Drew Street, if extended, abutting the Petitioners'
North boundary of the aforesaid property to be zoned and annexed;
NOW THEREFORE, in consideration of the premises, as well
as other good and valuable considerations. the undersigned parties,
I
j'
0. "4201 rKr1275
as their interests appear, but subject to the limitations
hereinafter set forth, do hereby agree as follows, to-wit:
(1) The City Commission of the City of Clearwater shall
promptly adopt an Annexation Ordinance zoning the above described
property in accordance with the recommendation of the Planning
and Zoning Board.
(2) Norco Properties, Inc., a Florida corporation, shall
pay its proportionate share, not to exceed Fifteen Thousand
($15,000.00) Dollars, for the paving of a two lane thru traffic
artery, extended East from U. S. Highway #19 to Bayshore Boulevard
on Tampa Bay or such part thereof as the City shall elect to
construct commencing at the terminus of Drew Street at u. S.
#19, extended East adjacent and contiguous to the North boundary
of the proposed right of way to be taken from the above described
property; moreover, that such payment obligation to the City of
Clearwater shall not exceed the above total, as may be required
for the City to install said paving on the South one-half (S~) of
said extended Drew Street right of way, said actual costs to be
as finally determined by the City Engineer of Clearwater, and in
no event shall said funds become due and payable at any earlier
date than sixty (60) days prior to the actual commencement of
paving the same by the City or other Governmental authority having
jurisdiction thereof; and, provided further, the aforesaid obli-
gation shall not be or constitute a lien against any of the lands
herein described.
(3) The undersigned, NORCO PROPERTIES, INC. agrees to execute
such other and further assurances to the City of Clearwater as
will permanently restrict the residential density ( of the portion
of the above described property to be zoned as R-3 (c) to not
more than eighteen (18) units per acre and that said restriction
shall be and constitute a covenant running with the land, in duly
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u. ~~.4207 rAGEl276
recordable form, and provide power to the City to enforce said
limitation against the successors and assigns of any of the parties
hereto and that such restrictive covenant provide for modification
or vacation only by virtue of a duly advertised public hearing of
the City Commission of the City of Clearwater pursuant to a
favorable vote of not less than a majority of the Commissioners.
in session duly and regularly assembled for said purpose.
This Agreement is and shall be binding upon the undersigned
solely as their interests appear and, to that extent, same shall
be binding upon the heirs, successors and assigns of the private
parties hereto.
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DA~ a~ Clearwater, Pinellas County, Florida, this
day Of~A. D. 1971.
ned, sealed and delivered
the presence~
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,Asses as :0 Dr.>>hick
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Wit esses as to Haworth
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Witnesses as to Temple
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Maxwell B. Sackheim
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Alfre Schick, M. D.
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Rooert Haworth . ',"
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By:
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ST.' ANTHONY
THE
MORTON r :AT~~~~; :'?>
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Witnesses as to Norco ~
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.G.d!,4207 fAGE1277
NORCO PROPERTIES, INC.
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ATTEST: . --. _. .._r :':-'\
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Secretary"; '.'.o"~ \:' -> ';/,;; ", ,',;
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THE FOREGOING PUBLIC G:t~'VS'~: ~ \:i-'
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BENEFITS APPROVED AND ACCEPTED:.,'':'
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ATTEST:
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(CITY SEAL AFFIXED)
RETURN TO:
CITY CLEP..K
P. O. BOX 4'7'~8
CLEARWA'i:'E;:~. Fl..\, :::::'L~