TIMBA BROTHERS DEVELOPMENT AND CONSTRUCTION COMPANY
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t-"i2081970
.o.R.3823 ~GE
RESTRICTIONS
WHEREAS, TIBMA BROS. DEVELOPMENT & CONSTRUCTION CO. ,
a Florida corporation, is the Owner of the following real property situate,
lying and being in the County of Pinellas and State of Florida, to-wit:
Government Lot #2 in Section 10, Township 29 South,
Range 16 East, LESS AND EXCEPTING that portion
thereof platted as Del Oro Heights Subdivision, and
ALSO INCLUDING that part of the SE 1/4 of the SE 1/4
of the I'oI"'E 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;
and
WHEREAS, said Owner desires to place certain restrictions upon
said property, which shall be covenants running with the land, for the pro-
tection of itself, persons and corporations purchasing said property from
it or its successors, assigns, or executors, and the Cityoof Clearwater,
Florida, a municipal corporation;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS. that
in consideration of the foregoing premises and other good and valuable con-
sideration between the parties, receipt of which is hereby acknowledged, the
undersigned, Tibma Bros. Development & Construction Co., a Florida cor-
poration. as owner of the above described real property, does hereby adopt
and promulgate the restrictive covenants hereinafter set forth:
1. These restrictions and limitations are to be regarded as covenants
running with the land for a period of thirty (30) years from date hereof, re-
gardless of whether they are specifically mentioned in any deeds or convey-
ances subsequently executed.
Z. The Final Plan as submitted at a public bearing before the Ci ty
Commission of the City of Clearwater on February 21, 1972, shall be followed
exactly as approved but the total nwnber of dwelling units shall not exceed
one hundred twenty-seven (127), such Plan is on file in the office of the Dir-
ector of Building of the Cityof Clearwater, which Plan shall cover the complete
tract, which shall be a density of less than ten dwelling units per acre.
This instrument was prepared by:
HF;r.J~ERTM. BROWN, City Attorney
( , ~'n::lnvat('r. P. O. Box 4748
;!,~e". Florjda 335.18
RETURN TOI
CITY CLERK
P. O. BOX 4748
CLEARW ATER, FLA. 33518
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3. In accordance with PUP zoning requirements, the total project
shall be sixty per cent (60o/c) completed within five (5) years of the date
hereof, subject to public hearing to reconsider the zoning and to establish
a proper holding zone if not so completed.
4. It is agreed that the architectural renderings drawn up for this
project shall be reasonably adhered to for all three stages of development,
or reviewed in a similar manner as for site plan approval.
5. All apartment structures shall be limited as to height, with a
maxinium of 1-1/2 and 2-1/2 stories, as shown on plan.
6. Parking for apartment units will be limited to that shown on the
master plan which includes inside quadrangles, under cover close to build-
ing, and shielded by trees and shrubs from view from Bayshore Boulevard.
7. The development shall comply with the intent of waterfront side
setback ordinance being a thirty foot {30t} setback on the South and an allow-
ance on the North due to a utility line.
8. In compliance with the waterfront ordinance, the two open areas
{between the three designated development areas being 75 or 80 foot clear
zones} as shown on the approved master plan shall never be used for any-
thing other than recreation, thereby assuring a permanent vista and view
of the Bay from BayshoreBoulevard.
9. It is fur the r agreed that the view of Tampa Bay, is lands, caus e-
way, etc. by pedestrians traveling along Bayshore Boulevard shall not be
obstructed by anything other than buildings designated on approved master
plan or by trees as shown on tree survey also on file. Solid walls or hedges
that would block the view from Bayshore Boulevard are prohibited.
10. The single family dwelling units to the North and South will be
buffered by plantings.
11. All entrances and exits to the property have been planned in
conjunction with the City of Clearwater Traffic Engineer and shall be in
accordance with the approved master plan.
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lD.R~ 3823 fAtE
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12. It is agreed that the developer shall give a setback of forty feet
(40') along Bayshore Boulevard for parkway development and no apartment
building shall be closer than ninety {90} feet to the centerline of Bayshore
Boulevard.
13. It is further agreed that the submerged land will be used per-
manently for open space.
14. These covenants and restrictions shall be binding on all parties
and all persons claiming under them, and no exception, variation or term-
ination of these restrictions shall be authorized or effective without the
prior written consent of the City of Clearwater, for a period of thirty (30)
years from date hereof.
IN WITNESS WHEREOF, the Owner has caused these presents to
be executed and have hereunto set its corporate seal this_~~/ 'l.~day
of March, 1972.
Attest:
TIBMA BROS. DEVELOPMENT
& CONSTRUCTION CO.
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By )1 /aAntI;~:!j /-;/~
V Pres ldeht .
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~../..:.--<?: {.'itk- /" / ! &--/ .' -
',:. Secretary
, , (Corp,dr1.te Seal)
Signed, sealed and delivered in the presence of:
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:.n.R.3823 ~GE
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STATE OF FLORIDA }
} SS
COUNTY OF PINELLAS I
Before me, the undersigned authority, this day personally appeared
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to me well known and known to me to be the individuals described in and who
executed the foregoing instrument as President and Secretary, respective-
ly of TIBMA BROS. DEVELOPMENT & CONSTRUCTION CO. , and they
severally acknowledged to and before me that they executed said instrunlent
on behalf of and in the name of said corporation as such officers; that the
seal affixed to said instrument is the corporate seal of said corporation and
that it was affixed thereto by due and regular corporate authority; that they
are duly authorized by said corporation to execute said instrument and that
said instrument is the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal this 3-1 (J.;f
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, 1972.
day of
(SEA L)
My Commission expires:
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