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DONALD AND MARY BLEAKLEY (2) "" . -...... ..... RELEASE AND CANCELLATION OF RESTRICTION WHEREAS, on the 9th day of March, 1971, DONALD E. BLEAKLEY and MARY F. BLEAKLEY, his wife, were the owners of certain real property situated and located in Pinellas County, Florida, to wit: "'1:'" 'ti' _1'..... -.. SEE LEGAL ATTACHED AS EXHIBIT "All and WHEREAS, on said date, DONALD E. BLEAKLEY and MARY F, BLEAKLEY, his wife, did establish and impose certain restrictive covenants on the realty described herein, said Restrictions being set forth in instrument recorded in Official Record Book 3504, page 662, of the Public Records of Pinellas County, Florida; and WHEREAS, it is the desire of National Life Insurance Company and the City of Clearwater, Florida, that paragraph number 5 of the above Restrictions, the text of same being, "The Owner of said real property shall pay one-third (l/3rd) of the cost of opening Weber Avenue when requested by the City, " be lifted and removed and the right to enforcement of said paragraph nurnber 5 be terminated, waived and abandoned; NOW, THEREF0RE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideraHonof the sum of TEN DOLLARS and other good and valuable consideration, paid by National Life Insurance Company, the receipt of which is hereby acknowledged by the City of Clearwater, Florida, the undersigned, CITY OF CLEARWATER, FLORIDA, to whose benefit the above cited restriction number 5 inures, does hereby lift and remove same and terminate, waive, and abandon ap.y right which it may have, or might hereafter have, to enforce said Restriction No.5. It is the intention of the City of Clearwater, Florida, that it release any past, present or future owner of the above realty from any and all possible liability or responsibility for the cost of opening Weber Avenue through, over, or across said realty insofar as any such liability or responsibility may have been created or imposed by virtue of paragraph number 5 of the .bove Restrictions IN WITNESS WHEREOF, the City of Clearwater, Florida, pursuant to a motion of its City Commission at the meeting of the City commission held the 5th day of April , 1979, which authorized the execution of the herein release, hereby set its hand and seal this 13th day of April A.D. 1979. CITY OF CLEARWATER, FLORIDA Countersigned: By / s / Anthony L. Shoemaker City Manager /s/ CharlesF. LeCher Mayor- Commis sioner Attest: Approved as to form and correctness: / s / Lucille Williams City Clerk / s / Thomas A. Bustin City Attorney ,/ ,r-I'\~ /1 _ ,>~ t.:( I \UJlU ...AL -1- /S -06G -<j-,:::).(t)- 77 ., 1 I --'-' ST ATE OF PI::.~A t COUNTY OF PINELLAS I HEREBY CERTIFY that on this 13th day of April A. D. 1979, before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin, Lucille Williams and Charles F. LeCher, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, Florida, a municipal corporation, to me known to be the individuals and officers described in and who executed the foregoing Release and Cancellation of Restriction, and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said conveyance is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. It'll Betty A. RllSt'lell Notary Public My Commission Expires: A ug . 1, 1982 -2- .; \.4~ .. I I. ,. . ;r . "0:a.4666 fACE, ~53b RECEIVED FEB 5 '979- ,,""". LEGAL DESCRIPTION 04 HACIENDA GARDEN APARTMENTS/CLEARWATER, PINELLAS, FLORIDA ----- --..----, To.find the true Point of 'Beginning commence at the Southeast Corner of the Nor'thea$i';;..o{lh~ Southeast ~ of Section II, Township ~.9 '1,' ;j...~-:i, ,'_\..~ . .''; '.r ,.1 . South, Range 15. East, City of Clearwater. Pinellas County, Florida. and running thence NOT~a 0012'21" East 60.00 feet to the North Right-of-Way Line of Airpor~ Drive, running. thence North 89024'42" West 12.01 feet along the North Right-of-Way Line of Airport Drive to an Iron Pin and the Point of Beginning; from the Point of Beginning running thence North 89024'42" West 595.00 feet to a concrete monument located on the-East Right-of Way line of Saturn Avenue; running thence North 0051'49" West ~ 856.28 feet along the East Right-ot-Way line of Saturn Avenue to ~ a concrete monument; running thence Du~ East 520.00 feet to an iron rod; running thence South 0051'49" East 726.76 feet to a Point; running thence South 89024'42" East 74.89 feet tb an iron pin, running thence South 0051'49" East 135.00 feet to an iron pin ~ located on the North Right-oi-Way line of Airport Drive and being the Point of Beginning, as shown on plat of survey prepared by Carter and Associates, Engineers, Planners and Surveyors, dated February 28. 1978. LESS AND EXCEPT, HOWEVER. the following described property, to-wit: To find the Point of Beginning commence at the Southeast Corner of the Northeast ~ of the Southeast ~of Section II, Township 29 South, Range 15 East, City of Clearwater. ~inellas County. Florida. and running thence North 0012'21" East 60.00 feet to a concrete monument located on the North Right-of-Way line of Airport Drive, running thence North 89024'42" West 12.01 feet along the North Right-of-Way line of Airport Drive to an iron pin and the Point of Beginning; from the Point of Beginning running thence North 89024'42" West 21.99 feet to a Point; running thence North 0040'51" East 135.00 feet to a o Point; running thence South 89 24'42" East 18.35 feet to an iron pin, running thence South 0051'49" East 135.00 feet to an iron pin located on the North Right-of-Way line of Airport Drive and being the Point of Beginning. ~. rJ~ ~~CHEOUL!::. \lfj'l . '..1"; '" ~ __ ~'."; 3:. ,:5E~~;~i'~~~:~ ...