TIMBA BROTHERS DEVELOPMENT AND CONSTRUCTION COMPANY (2)
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O.R. 530 8 P~GE 5 ~ 2
AMENDMENT TO RESTRICTIONS
\'1HEREAS, Tibrna Bros. Development & Construction Co., a
Florida dorporation, executed Restrictions, which were recorded in
O.R. Book 3823, page 6, of the Public Records of Pinellas County,
Florida, applicable to the following described property:
Government lDt 32 in Section 10, Township
29 South, Range 16 East, LESS AND EXCEPTING
that portion thereof platted as Del Ora Heights
Subdivision, and AlSO INCllJDING that part of
the SE 1/4 of the SE 1/4 of the NE 1/4 of
Section 9, Township 29 South, Range 16 East,
lying Southeast of County Road #30, together
with all riparian rights and submerged land
abutting the upland or lying within said
tract;
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WHEREAS, said Restrictions were promulgated in conjunction
with the original plan submitted for development of the above
described property; and
~IJHEREAS, Pleus Bros~, Hetal Fabricators, ,Inc. and Raymond E.
Murray and Nancy C. Murray, his wife, are the Owners of a portion of
the above described property described as follows:
That certain tract of land in the NW 1/4 of Section 10,
Township 29 South, Range 16 East, Pinellas County, florida,
further described as follows: Corrunence at the \1] 1/4 corner of
the said Section 10, Township 29 South, Range 16 East and
run thence North 89021'08" W, 349.15 feet to the easterly
right of way line of Bayshore Blvd. (C.R.30); thence along
the said right of way line and along the arc of a curve to
the right, Radius 911. 09 feet, Delta 20046 I 07.5" ,Arc
33g.26 feet, Chord 328.45 feet, Chord Bearing North
20 29'22" East, thence North 30046'36" East, 813.64 feet to the
Northwest corner of Sunfish Bay Condominium IV, Condominium
Plat Book 26, pages 14 and 15, Pinellas County records, to
the Point of Beginning; thence continue along the said line
North 30046'36" East, 365.49 feet; thence South 89017'59"
East along the North boundary of Government lDt 2, a
distance of 325.0 feet MOL to the Mean High Water line along
the Old Tampa Bay Shoreline; thence along the said
Mean High Water line 0 to a point along the said Hean Hif)1
Water line, South 12 19'07.4" West, 627.01 feet; thence
o 0
North 59 09'56" West, 250.0 feet MOL; thence North 28 25'00"
o
West, 129.14 feet; thence North 59 13' 24" Hest, 118. 84 feet to
the Point of Beginning.
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Tbis instrument was prQpared by:f
Ndme_ThomasBustin, City Attorney
., oL Addres,city of Cl ea rwater , P .0. Box 474
~'&~,1 t-rearwater, Fla. 33518
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O.R. 5 3 0 8 fAG, 543
WHEREAS, said Owners desire to develop said portion of
property into seven (7) single family lots known as Braeside Place
Subdivision; and
WHEREAS, it is desired to amend said Restrictions to reflect
the changes in Phase III of the original plan; and
WHEREAS, said Restrictions may not be amended without the
prior written consent of the City of Clearwater, Florida;
NOW, THEREFORE, the Owners hereby amend said Restrictions,
and the' City of Clearwater, Florida, consents to such amendments, which
Restrictions shall be in addition to those originally recorded, and
shall read as follows:
1. These additional restrictions and limitations are also
to be regarded as covenants rurming with the land regardless of whether
they are specifically mentioned in any deeds or conveyances subsequently
executed.
2. The subdivision plat for Braeside Place approved at
public hearing before the Clearwater City Commission on November 5, 1981,
shall consist of a density not to exceed 1.3 lmi ts per acre on seven (7 )
lots for a maximum unit count of seven ( 7) units, establishing the total
unit count of the three (3) phases of Sunfish Bay Residential Plarmed
Development at a maximum of seventy-three (73) units, for an overall
density not to exceed six (6 ) units per acre.
3. No buildings plarmed for Braeside Place shall encroach upon
the 80-foot clear zone to be maintained between Phase II, Sunfish Bay and
Braeside Place in accordance with Restriction #8 of the original Restrictions.
4. The Railroad Tie Retention Wall proposed along the South
of Braeside Place shall not exceed 30 inches in height from existing grade
in accordance with Section 131.200(3) e, of Title XI, Code of
Ordinances, City of Clearwater.
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n.R.530S PAGE 54~
5. Buffering by plantings along the North of Braeside
Place shall not be required as previously provided in Restriction
#10 in the original Restrictions.
6. The developer shall give a building setback of twenty-
five feet (25') from the right-of-way of Bayshore Boulevard for any
single family residential structure built for Braeside Place.
7. No structure on the property of Braeside Place shall
exceed thirty feet (30') in height.
8. These additional covenants and restrictions shall also
be binding on all parties and all persons claiming nnder them, and no
exception, variation or termination of these restrictions shall be
authorized or effective without the prior written consent of the
City of Clearwater, Florida.
and fl ty of Clearwater, norida,
day .~, ,- , A.D. 19a:L-
IN WITNESS WHEREOF, the CWners have executed this instrument
consents thereto this c;;l tr;, -J-.
Signed, Sealed and Delivered
in the presence of:
OWNERS:
Pleus Bros. Metal Fabricators, Inc.
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t Presldent
(Corporate Seal) .
Date .
,;)(p
,19a:11.-
.,:),~ ,19 fJ;L.
/lc~ <l...L~'{ e. ./h LL-~ CL<~
Nancy C .' Murray. ( al)
By
Clty Man
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STATE OF FLORIDA
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O.R.5308 PAGE 545
COUNTY OF HILLSBOROUGH )
BEFORE ME personally appeared RAYMOND E. MURRAY,
President of Pleus Bros. Metal Fabricators, Inc., to me well
known and kna-m to me to be the individual described in and who
executed the foregoing instrument and acknowledged before me that
he executed the same for the purposes therein expressed on
behalf of the corporation.
HITNESS my hand and official seal this e:>~ day of
, A.D. 19~
/-3/- gtf
Notary Public\.
My Corrrrnission Expires:
STATE OF FLORIDA )
COUNTY OF HISSLBOROUGH )
BEFORE ME personally appeared RAYMOND E. MURRAY, to me well
known and kna-m to me to be the individual described in and who executed
the foregoing instrument and acknowledged before me that he executed
the same for the purposes therein expressed.
1 " .!ITNESS I"f hand and official seal this d 1... ~..-.. . daY....,o.......c.....f..... :::. ':~':.'
""'41 ' A.D. 19~..>\... .
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My Corrrrnission Expires:
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
BEFORE ME personally appeared NANCY C. MURRAY, to me well
kna-m and known to me to be the individual described in and who executed
the foregoing instrument and acknowledged before me that she executed
the s'amefor the purposes therein expressed.
'is I"f hand and official seal this ,;:1(" ~ daY....?....f. ..'.....\).'......c.......\~~I.;.1
1Iill.-. ~"D ''B' .. .... --g- , A.D. 19a:a...;~y,"_._.,~_
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My Corrrrnission Expires:
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