FISHERMANS WHARF OF CLEARWATER (2)
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINBLLAS COUNTY, FLORIDA
civil Division
CITY OF CLEARWATER,
a munioipality,
INST # 93-341061
NOV 23, ] 993 10: 01 P1-1
Petitioner,
Case No. 93-3285-CI-i
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FISHERMAN'S WHARF OF CLEARWATER, INC.,
a Florida oorporation,
JAMES E. STANDRIDGE et al.,
Defendants.
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ORDER OF TAKING
THIS CAUSE coming on for hearing by the court, it appearing
that proper notice was given to all the Defendants, and to all
persons having or claiming any equity, lien, title, or other
interest in or to the real property described in the Petition, that
the Petitioner would apply to this Court on the 12th day of
November, 1993, for an Order of Taking, and the Court otherwise
being fully advised in the premises, upon consideration, it is
therefore,
ORDERED AND ADJUDGED:
1, That the Court has jurisdiction of the subject matter and
of the parties to this cause,
2. That the pleadings in this cause are sufficient, and the
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Petitioner is properly exercising its lawful authority.
,
Value filed in this cause by the
faith, and based upon a valid
. ~'/ That the Estimate of
petltlo~,~ made in good
appraisal,
4. That the specified estate or interest in the fOllowin~
described real property, to-wit:
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: ~
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State Project No. 15140-2518
RighL of Way Detail Sheet No. 7
Current Owners Name: Fisherman's Wharf
Gulf Boulevard, Pinellas County, Flor.ida
PARCEL 101.1
RIGHT OF WAY
A parcel of land lying within Section 17, Township 29 South, Range
15 East, pinellas County,. Florida, and being a part of the
following described land:
" Begin at the Southwesterly corner of Lot #2 of Block A of
Bayside Shores as recorded 'in plat Book 50, page 12 and 13 of
the Public Records of pine11as County, Florida, and run thence
along a curve to the right whose chord bears S. 73" 34' 57" E. 0
60,99 ft., arc is 61.03 ft. and radius is 425.42 ft for a "'I
P,Q.B., thence N O' 07' 15" f. iOG.l1 ft., tllence S. 89" 52' :"I'"d'
45" E. 220.0 ft., dience S, 0" 07' 15" W. 286.45 ft., thence::OH
along a curve to the right ",'hose chord bears N. 69" 49' 30" w, ~~
31.41 ft., arc is 31.46 ft., and radius is 160.78 ft., thencei>>E
N. 64" 13' 09" W, 171.85 ft., thence along' a curve to the left;l':rij
whOse chord bears N. 66" 42' 42" h'. 38.49 ft., arc is 38.51 <Xl
ft, and radius is 425.42 ft. to P.G.B. ~g
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That part of Lot 2 in Block A of Bayside Shores as recorded
plat Book 58, Pages 12 and 13 of the Public Records of
pinellas County, Florida, described as follows: Begin at the
center of the intersection of Clearwater Pass Avenue and South
Gulfview Boulevard in said BaY5ide Sh6res and run thence S,
89" 52' 45" E., along the center-line of South Gulfview
Boulevard, 35.0 feet; thence 5 O' 07' 15" \~., along the
Easterly line of Cleat..'ater .pass Avenue and its Northerly
extension 255.0 feet to the P.O.B.. thence continue 5 0" 07'
15" W. 46.39 feet; thence <tL'~;(1 i.~ c.:urve to the right whose
chord bears 5 6"14' ~l-~, ,c~ reet, arc is 73.78 feet and
radius is 345.0 f",,,"; r;:;'''('~~ S. II 37' 32" E. 10.0 feet;,
thence 512"22' 2S" .1.2&6.51 feet; thence along a curve to
the left whose chord Lears S 71" 36' 55" E. 47.08 feet; arc is
47.18 feet and radius is 210.0 feet; thence along a curve to
the left whose chorn bears N 80" 27' 55" E. 259.55 feet, arc
is 365.35 feet and radius is 365.'. feet; thence along a curve
to the right ~..hose chord bears N 51" 12' 36"E. 36,36'feet;
arc is 36.37 feet and radius is 420,0 feet; thence N 0" 07'
IS" E. 63.67 feet; thence along a curve to the right hose ./'
chord bears N 69" 49'32" w 31.41 feet, arc is 31.47 feet and
radius is 160.78 feet; thence N 61" 13' 09" w, 171,85 feet;
therice ~long a curve to the left whose chord be~~i N 66" 50'
11" \0;, 38.67 feet, arc is 38.71 feet and radius is 425,42
feet; ,thence N 0" 07' 15" E. 18(,.10 feet; thence N 89" 52' 45"
w. 50.0 feet to the P.O.B. "
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SCHEDULE B (Page 1 of 13)
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State project No. "15140-2518
Right of Way Detail Sheet No. 7
current Owners Name: Fisherman'S Wharf
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Gulf Boulevard, pinellas ~ounty, Florida
RIGHT OF WAY
PARCf;L 101.1
Begin at the southwesterly corner of Block A of Dayside
Sho~es, as recorded in Plat Book 58, Pages 12 and 13 of the
Public Records of pinellas County, Elorida, and run thence
along the seawall line and a curve to the right whose chord
bears South 73" 34' 57" East 60.99 feet, arc is 61.03 feet and
radius is 425.42 feet for p.O.B.; thence South 0" 07' 15" West
237.26 feet; thence along the High Water Mark in Clearwater
Pass and a curve to the Left whose chord bears North 75" 23'
28" .east 198.26 feet, arc is 200.75 feet and radius fd)36S.0
feet; thence along said High Water Mark and a curve to the,
right whose chord bears North 51" 12' 36" East 36.36 feet, arc
is 36,37 feet and radius is 420,0 feet; thence North O. 07'
IS" East 63,67 feet; thence along the seawall line and a curve
to the right whose chord bears North 69. 49' 32" west 31,41
feet, arc is 31,47 feet and radius is 160.78 feet; thence
North 64" 1)' 09" West, along the seawall line, 171.85 feet;
thence along the seawall line an~ a curve to the left whose
chord b~ars North 66' 42'vwest 38,49 feet, arc is 38.51 feet
and radius of 435.42 feet to the p.O.B."
Said parcel being described as followS:
Commence at ~he Southwest corner of Section 17, Townsrrip 29 south,
Range 18 East, pinellas County, Florida; thence North 89 "10' 31"
East, (Bearings based on O.R. 1342, Page 278. Public Rf!cords of
pine11as County, Florida), along the southerly boundary of ~id
Section 17, a distanCe of 843.47 feet to a point on the baseline at
SCHEDULE B (Page 2 of 13
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State Project No. 15140-2518
Right of Way Detail Sheet No, 7
Current Owners Name: Fisherman's Wharf
Gulf Boulev~rd, Pinellas County, Florida
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PARCEL 101.1
RIGHT OF WAY
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survey of Gulf Boulevard, as now established; (the next five
courses are along the baseline of survey of said ~lf Boulevard),
thence North 42"13'31" East, a distance of 1983,25 feet; to the
beginning of a curve, concave Northwesterly, having a radius of
1909.86 feet and a central angle of 29"16'55", thence Northeasterly
along the arc of said curve to the ~eft, a distance of 976,06 feet,
a chord whicft bears North 27.35'03" East, a distance of 965.48 feet
to the curve's end; thence North 12"56'36" East, a distance of
1967.96 ~eet; to the begin~ing of a curve, concave Westerly, having 0
a radius of 310.00 feet and a central angle of 12"15'13", thence
Northerly along the arc of said curve to the left, a distance of
66,30 feet, a chord which bears North 06"49'00" East, a distAnce of
66.17 feet to the curve's end; thence North 00"41'23" East, a
distance of 46,24 feet; thence South 89"lS'37" kast, a distance of
35,11 feet to a point on the Easterly right of way line of said
Gulf Boulevard, said point also being on the Southerly right of way
line of South Shore Boulevard and the POINT OF BEGINNING; ~hence
South 89"18'37" East, along the Southerly right of way line of ~aid
South Shore Boulevard, a distance of 33.22 feet; tu a point of
intersection with a non-tangent curve, concave Westerly, having a
radius of 989.93 feet and a central angle of 17 "10' OB", thence
Southerly along the arc of said curVe to tne right, a distance of
296,64 feet, a chord which.bears South 04"21'32" Hest, a distance
of 295.53 feet to the curve's end; thence South 12"56'36" West, a
distance of 124,64 feet; to a point on the boundary of a Bulkhead
Line as recorded in Plat Book 2, Page 32, Public Records of
Pinellas County, Florida , said point also being a point of
intersection with a non-tangent curve, concave Northerly, having a
radius of 365,00' feet and a central angle of 00"20'46", (the next
two courses are along the said Bulkhead line), thence Westerly'
along the arc of said curve to the right, a distance of 2.20 feet,
a chord which bears North 78"18'33" Westfa distance o~ 2.20 feet~
to a point of intersection with a non-tangent curve, cQncave
Northerly, having a radius of 210,00 feet and a central angle of
12051'58", thence Westerly along the arc of said curve to the
riiht, a distance of 47.16 feet, a chord which bears North
71 02'57" West, a distance of 47,06 feet to the ...,point of
intersection w,ith a non-tangent line, said point being on the
Easterly right of way line of said Gulf Boulevard; (the next four
courses are along the Easterly right of way line of said Gulf
Boulevard) ,thence North 12"56'36" East, a distance of 238.17 feet'"
thence North 13"10'54" East, a distance of 48.21 feet; thence North
77"26'20" West, a distance of 10.01 feet; to a poirit of
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SCHEDULE B (Page 3 of 13)
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State Project No. ~~140-2Sl8
Right of Way Detail Sheet No. 7
Current Owners Name: Fisherman's Wharf
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Gulf Boulevard, Pinellas ~ounty, Florida
PARCEL 101.1
RIGHT OF WAY
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intersection with a non-tangent curve, concave We~terly, having a
radius of 345.00 feet and a central angle. of 11015' 37", thence
Northerly along the arc of said curve to the left, a distance of
73.82 feet, a chord which bears North 06.48'31" East, a distance of
73.68 feet to the point of intersection with a.non-tangent 1ine1
thence North 00"38'57" East, a distance of 46,43 feet, to the POINT
OF BEGINNING;
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I hereby certify that this legal description is in compliance with
the MiniJnwn Technical Standards as set forth by the Florida Board
of Professional Land Surveyors, pursuant to S~tion 472.027,
Florida Statutes.
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Containing 18109 square reet, more o~ less.
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!~f~~~~ev;~tered Land ~urveyor No. 3940
E~t~~r~~ and Assoc~ates
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3~n~~!y" !5~~1993
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SCHEDULE B (Page 4 '-of 13)
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State Project No. 15140-2s1B
Right of Way Detail Sheet No, 7
Current Owners Name: Fisherman's Wharf
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Gulf Boulevard, Pinellas County, Florida
PARCEL 701. 1
TEMPOR1\RY CONSTRUC'l'ION EASEMENT
A parcel of land lying within Section 17, Township 29 South, Range
15 East, Pinellas County, Florida, and being a part of the
following described land:
\
.. Begin at the Southwesterly corner of Lot 12 of Block A of
Bayside Shores as recorded in 'plat Book 50, Page 12 and 13 of
the Public Records of Pinellas County, Florida, and run thence
along a curve to the right whose chord bears S. ~3" 34' 57" E.
60,99 ft" arc is 61!"O3 ft. and radius is 425.42 ft for a
p.a,B" thence NO" 07' 15" e 186.11 ft., thence s> 89" 52'
45" E. 220.0 ft., thence S. 0" 07' IS" W. 286.45 ft" thence
along a curve to the right whose chord bears N, 69" 49' 30. W.
31.41 ft., arc is 31,46 ft. and radius is 160.78 ft., thence
N. 64" 13' 09" w, 171.B5 ft~, thence along a cur~e to the left
whose chord bears N, 66" 42' 42" w, 38.49 ft., arc is 38.51
ft, and radius is 425,42 ft. to P.O,B.
That part of Lot 2 in Blo~k A of Baysi~e Shores as recorded
Plat ,:Boolc 58, Pages 12 and 13 of the Public Records of
Pinellas County, Florida, described as follows: Begin at the
center of the intersection of Clearwater Pass Avenue and South
Gulfview Boulevard in said Bayside Shores and run thence S.
89" 52' 45" E., along the center-line of South Gulfview
Boulevard, 35.0 feet; thence S 0" 07' 15" W" along the
Easterly line of Clearwater Pass Avenue and its Northerly
extension 255.0 feet to the p.a.a,; thence continue S 0" 07'
15" W. 46.39 feet; thence along a curve to the right whose
chord bears S 6"14' 51" W, 73.61 feet, arc is 73,78 feet and
radius is 345.0 feet; thence S. 77" 37' 32" E. 10,0 feet;
thence S 12"22' 28" W. 286.51 feet; thence along a curve to
the left whose chord bears S 71" 36' 55" E, 47.08 feet; arc is
47.18 feet and radius is 210.0 fee~ thence along a curve to
the left whose chord bears N 80" 27' 55" E, 259.55 feet, arc
is 365,35 feet and radius is 365.0 feet; thence along a curve
to the right whose chord bears N 51" I2' 36" E. 36.36 feet;
arc is 36,37 feet and radius is 420.0 feet; thence N 0" 07'
15" E, 63.67 feet; thence along a curve to the right hose
chord bears N 69" 49'32" W 31.41 feet, arc is 31,~J~eet and
radius is 160.78 feet; thence N 64" 13' 09" W. 171.85 feet;
thence along a curve to the left whose chord bears N 66" ~O'
11" W. 38.67 feet, arc is 38,71 feet and radius is 425.~
feet; thence N 0" 07' IS" E, 186,10 feet; thence N 89" 52' 45
W, 50.0 feet to the P,O.B,
SCHEDULE B (Page 5 of 13)
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State Project No, IS140-2518
Right of Way Detail Sheet No. 7
Current Owners ,Name: Fisherman's Wharf
Gulf Boulevard, Pinellas ~ounty, Florida
PARCEL 701.1
TEMPORARY CONSTRUCTION EASEMENT
Begin at the Southwesterly corner of nlock A of Bayside
Shores, as recorded in Plat Book 58, Pages l~and 13 of the
Public 'Records of Pinellas County, Florida, and run thence
South 12' 22' 38" West, along the Southerly extension of the'
Easterly line of said Block" A, 238.18 feet; thence along the
High Water Mark in Clearwater Pass and a curve to the Left"
whose chord bears South 71' 36' 55" East, 47.08 feet, arc is
47,18 feet and a radius is 210.00 feet; thence'along the said
High Water Mark and oe curve to the left whose chord bears
South 83' 27' 09"' East, 68.70 feet, arc is 68.80 feet and
radius is 365.00 feet; thence North O' 07' 15" East, 237.26
feet; thence along a seawall line and a. curve to the left
whose chord bears North 73' 34' 57" West, 60.99 feet, arc is
61.03 feet and radius is 425.42 feet to the P.O.B,
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Begin at the Southwesterly corner of Block A of Bayside
Shores, as recorded in Plat Book 58, Pages 12 and 13 of the
Public Records of Pinellas County, Florida, and run thence
along the seawall line and a curve to the right whose chord
bears South 73' 34' 57" East 60.99 feet, arc is 61.03 feet and
radius is 425,42 feet for P.O.B.; thence South 0' 07' 15" West
237.26 feet; thence along the High Water Mark in Clearwater
Pass and a curve to the Left whose chord bears North 75' 23'
28" east 198.26 feet, arc is 200.75 feet and radius id 365.0
feet; thence' along said High Water Mark and a curve to the
right whose chord bears North 51' 12' 36" East 36,36 feet, arc'
is 36.37 feet and radius i6 420,0 feet; thence North O' 07~
IS" East 63.67 feet; thence along the seawall line and a curve
to the right ,,'hose chord bea.rs North 69' 49' 32" West 31.41
feet, arc is 31.47 feet and radius is 160.78 feet; thence
North 64' 13' 09" West, along the seawall line, 171.85 feet;
thence along the seawall l~ne and a~curve to the left whose
chord bears North 66' 42' West 38.49 feet, arc is 38.51 feet
and radius of 435,42 feet to the P,Q,B."
Said parcel being described as follows:
Commence at the.Southwest corner. of Section 17,' Township 29 South,
Range 18 East, Pinellas County, Florida; thence North 89010'31"
East, (Bearings based on Q,R. 1342, Page 278, Public Records of
Pinellas County, Florida), along the Southerly boundary of saia-.
Section 17, a distance of 043.47 feet to a point on the baseline of
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SCHEDULE B (Page 6 of 13)
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State Project No. 15140-2518
Right of Way Detail Sheet No. 7
Current Owners Name: Fisherman's Wharf
Gulf Boulevard, Pinellas County, Florida
PARCEL 701,1
TEMPORARY CONSTRUCTION EASEMENT
survey of Gulf Boulevard, as now established; (the next five
courses are along the baseline of survey of said Gulf Boulevard),
thence North 42.1]'31" East, a distance of 1983,2-5 feet; to the
beginni~g of a curve, concave Northwesterly, having a radius of
1909.86 feet and a central angle of 29'16'55", thence Northeasterly
along the arc of said curve to the'left, a distance of 976.~6 feet,
a chord Which bears North 27.35'03" East, a distance of 965.48 feet
to the curve's end; thence North 12'56'36" East" a distance of
1967.96 feet; to the beginning of a curve, concave Westerly, having
a radius of ]10.00 feet ~d a central angle of 12.15'13", thence
Northerly alo~ the arc of said curve to the left, a distance of
66,30 feet, ~hprd which bears North 06'49'00" East, a distance of
66.17 feet ,tQ'llJ-the curve's end; thence North. 00.41'23" East, a
distance of 46,24 feet; thence South 89.18'37" East, a distance of
35.11 feet to a point on the Easterly right of way line of said
Gulf Boulevard, said point also being on the Southerly right of way
line of South Shore Boulevard; thence continue South 89-.18' 37'
East, along the Southerly right of way line of said South Shore
Boulevard, a distance of 33.22 feet to the POINT OF BEGINNING;
thence South 89.18'37" East,along the Southerly right of way line
of said South Shore Boulevard, a distance of 20.07 feet; to a point
of intersection with a non-tangent curve, concave Westerly, having
a radius of 1009.93 feet and a central angle of 17.04'17", thencg
Southerly along the arc of said curve to the right, a distance of
300,91 feet, a chord which bears South 04.24'27" West, a distance
of 299,80 feet to the curve's end; thence South 12"56'36" West, a
distance of 123.59 feet; to a point on the boundary of a Bulkhead
Line as recorded in Plat Book 2, Page 32, Public Records of
Pinellas County. Florida , said point being an' intersection with a
non-tangent curve, concave Northerly, having a radius ot .365.00
feet and a central angle of 0]'08'39", thence Westerly along th~
arc of said curve to the right and along said Bulkhead line, a
distance of 20,03 feet, a chord which be~rs North 80'03'15" West,
a distance of 20.03 feet to the point of intersection with a non-
tangent line; thence North 12"56'36- East,a distance of 124.64
feet; to the beginning of a curve, concave Westerly, having a
radius of 989.93 feet and a central angle of 17.10'08", thence
Northerly along t.he arc of said curve to the left, a dutance of
296.64 feet, a ,chord which bears North 04'21'32" East, a distance
of 295,53 feet to the curve's end, and the POINT OF BEGINNING; ,
Containing 8460 square feet of land, more or less,
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SCHEDULE B (Page 7 of 13 )
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State Project No. 15140-2518
Right of Way Detail Sheet No. 7
Current Owners Name: Fisherman's Wharf
Gulf Boulevard, Pinellas County, Florida
TEMPORARY CONSTRUCTION EASEMENT
PARCEL 701.1
I hereby certify that this legal description is in c~pliance with
the Minimum Technical Standards as set forth by the Florida Board
of Professional Land Surveyors, pursupnt tQ Section 472.027,
Florida Statutes.
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.f"lQr~'l1o!::~~9\stered Land Surveyor
;~S!99~~:'~~p'o and Associates
l..;q.Q:J.-lior~ti..",JPJ.s Avenue
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\. ~~ilt fr,i,6.itqh 33607
\~~~~ary ~~(~l993
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No, 394 0
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SCHEDULE B (Page 8 of 13)
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shall vest in the Petitioner upon payment into the Registry of this
Court of the deposit hereafter specified and that said deposit of
money will fully secure the persons lawfully entitled to the
compensation which will be ultimately determined by Ffhal Judgment
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of this Court, and which sum of money to be deposited is in no
instance less than the value of each parcel of said land as fixed
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by the Court, based upon teatimony presented,
5. That Petitioner's interest in Parcel 101,1 shall be fee
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simple.
6. That Petitioner's interest in Parcel 701.1 shall be a
temporary easement for a term of three (3) years, said term to
.;
begin on March 30, 1994.
7. That the sum of money to be deposited in the Registry of
the Court within twenty (20) days of the entry of this Order shall
be as follows:
Parcel No,
Estimate of Value
101.1
$1,250,000.00
68",:,000.00
701. 1
8. Upon making such deposit the Petitioner shall notify, in
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writing, all Attorneys of record, and those Defendants not
represented by counsel, that the deposit has been made.
9.
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That on the date of deposit of ONE MILLION THREE HUNDRED
EIGHTEEN THOUSAND DOLLARS, as set forth above, and without further
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notice or-Order of this Court title to the property described in
the Petition shall vest in the Petitioner, City of Clearwater.
10. That Leverock's Seafood House of Clearwater Beach, Inc.,
shall remain in possession of the subject property until March 30,
1994. Relocation of the sign located on Parcel 101.1 shall be the
responsibility of the city of Clearwater. The city of Clearwater
shall relocate the sign a second time should such relocation be
j.
necessary due to a consolidation of ownership of the parent tract
owned by Fisherman's Wharf of Clearwater, Inc" and a tract of land
owned by the City of Clearwater directly across South Shore
Boulevard.
Said sign shall in each instance be relocated to a
location mutually agreed upon by all parties.
11. That on March 30, 1994, without further order of this
Court all rights of possession to the property described in the
Petition shall vest in the Petitioner, City of Clearwater.
.~
DONE AND ORDERED THIS ~ day of November, 1993, in
Clearwater, Pinellas County, Florida.
~
~~~~
Copies furnish~d to:
Paul Richard Hull, Assistant city Attorney
H. Rex Owen, Esq.
Michael W. Gaines, Esq.
Helen K. Hobbs, Chief Assistant County Attorney
All Parties as listed on attached uSchedule A~
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Defendant.
parcel 110.
~ISBBRKAIf'S WBARP OF CLBARWATBR, IHC.
(a Florida corporation)
118 Main Avenue, North
Clearwater, Florida 34625
Registered agent: D. O. McFarland
31 S. Missouri Avenue
clearwater, Florida 34616
101.1 , 701.1
.....
JANIS I. STANDRIDGE
siJl91e
116 Harborage Court
Clearwater, Florida 34630
102.1 , 702.1
---..-
Defendant-Tenants.
LEVIROCK'S SBAFOOD ROUSI
01' CLBARWATIR BEACH, IHC.
(a Florida corporation)
54 Corey Avenue
st. Petersburg, Florida 33736-3159
Registered agent: Leonard S. Englander
6666 22nd AveRue, North
st. Petersburg, Florida
101.1 , 701.1
33710
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Defendant-Lienholders.
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, ~road
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W. FRID PITTY . , ~u) {)V\.... LJl.;,
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KHALIL RUBAII, P.I., IHC.
1345 Missouri Avenue South
Clearwater, Florida 34616
Registered Agent: Khalil
1345 M; ':
Clearwl
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