JOHN FORD HAROLD WILSON AND MARY ELLEN WILSON
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RESTRICTIONS
R.ECORDED
PINEllAS CO. ~LOHi{JA
HAROLD MULLENDORE, C..ER~
JAN 21 3 lf8 PH '69
KNOW ALL MEN BY THESE PRESENTS that WHEREAS, on December
18, 1964, John H. Ford, a single man, and Harold S. Wilson and Mary Ellen
Wilson, his wife, the fee simple owners of the following described real
property:
The North 165.0 feet of the SW -1/4 of the NW -1/4 of
Section 11, Township 29 South, Range 15 East, Pinellas
County, Florida, less the East 30.0 feet for road right
of way and also less the West 200.0 feet,
executed and had recorded on December 30, 1964, in O. R. 2067, page 345,
of the Public Records of Pinellas County, Florida, an instrument establishing
and setting forth certain restrictive covenants applicable to said described
real property; and
WHEREAS, said instrument setting forth said restrictive covenants
specified that they shall be perpetual and shall apply to and be forever binding
upon the owners, their grantees, their heirs, executors, administrators,
successors and assigns, and shall not be amended, chauge.d Ql:.modified
without the written consent and approval of the City Commission of the
City of Clearwater, Florida, a municipal corporation; and
WHEREAS, on May 11, 1966, a written instrument amending certain
of the said original restrictions was entered into between John H. Ford,
a single man, and Harold S, Wilson and Mary Ellen WiJson, his wife, as
fee simple owners, and William J. Castagna and Carolyn A. Castagna, his
wife, as first mortgage lien holders thereon and approved by the City of
Clearwater, Florida, a municipal corporation, and said instrument was
recorded May 19, 1966, in O. R, 2389, page 686 of the Public Records of
Pinellas County, Florida; and
WHEREAS, the fee simple ownership of said property has now been
transferred to CARMICHAEL AND COMPANY. INC., a Georgia corporation,
by deed recorded on August 18, 1966, in O. R. 2441, page 511 of the Public
Records of Pinellas County, Florida; and
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WHEREAS, there are no present mortgages or liens other than
the current real property taxes against said described real property; and
WHEREAS, Carmichael and Company, Inc. has requested the City
of Clearwater, Florida, a municipal corporation, to repeal said original
restrictions and the amendment thereto described above and enact new
restrictions, and the City of Clearwater has indicated willingness to do
so;
NOW, THEREFORE, in consideration of the foregoing premises
and other good and valuable consideration between the parties, receipt of
which is hereby acknowledged, the undersigned, CARMICHAEL AND
COMPANY. INC., a Georgia corporation, the owner, and the CITY OF
CLEAR WATER, FLORIDA, a municipal corporation, hereby covenant and
agree as follows:
1. The original restrictions executed on December 18, 1964,
and recorded on December 30, 1964, in O. R. 2067, page 345, Public Records
of Pinellas County, Florida, and the amendment thereto executed on May 11,
1966, and recorded May 19, 1966, in O. R. 2389, page 686, Public Records
of Pinellas County, Florida, pertaining to said described real property
are hereby repealed in their entirety.
2. There are hereby adopted and enacted the following restrictions
and covenants restricting and limiting the use of the hereinafter described
real property and said restrictions and covenants are to run with the land.
All conveyances of said described property, or any part thereof, shall be
made and continue to be made subject to each and every of the restrictions
and conditions herein contained whether mentioned, in said conveyance or not.
Said restrictions and covenants shall be perpetual and shall apply to and
be forever binding upon the owners, their grantees, their heirs , executors,
administrators, successors and assigns and all parties claiming through them,
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and are imposed upon said real property as an obligation or charge against
the same and as a general plan for the benefit of said property. Said
restrictions and covenants shall not be amended, changed or modified
without the written consent and approval of the City Commission of the City
of Clearwater, Florida, a municipal corporation:
A. DESCRIPTION OF PROPERTY:
The North 165.0 feet of the SW-l/4 of the NW-l/4 of
Section 11, Township 29 South, Range 15 East, Pinellas
County, Florida, less the East 30. 0 feet for road right
of way and also less the West 200.0 feet.
RESTRICTIVE COVENANTS
B. Each one story structure erected or placed upon said des cribed
tract shall contain a minimum square footage of living area of 2,000 square
feet, exclusive of porches and garages. Each two story structure erected
or placed upon said parcel shall contain a minimum square footage of living
area of 4, 000 square feet, exclusive of porches and garages,
C. The maximum height of any structure erected or placed on said
tract shall not exceed 2-1/2 stories or 35 feet.
D. No structure shall be erected or placed upon said property
closer than 20 feet from any other building or structure. No building or
structure shall be erected or placed on said property closer than 15 feet
from any adjacent single family zoned area. However, where the front or
rear of any building or structure to be placed or erected on said property
abuts or adjoins any adjacent single family residential zoned area, said
building or structure shall be set back a minimum of 25 feet from the
property line dividing said tract from any adjacent single family zoned
residential area:"
E. The gross density of structures and/or buildings on said tract
shall not exceed one dwelling unit for every 2500 square feet of land area,
exclusive of public rights of way, and there shall not be more than a total of
72 dwelling units erected or placed on said described real property.
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F. There shall be reserved and designated at all times for community
service or recreation, a minimum of ten per cent (10%) of the total gross area
of said tract, exclusive of public rights of way. Said community service and
recreation areas shall be properly screened to separate them from all
adjoining residential zoned properties.
G. All parking and paving plans, drainage structures and utility
easements are to be approved by the City Engineering Department and shall
include a minimum paving width inclusive of curbs of twenty-five (25) feet
and shall provide for adequate parking and traffic flow. The development
and paving plans shall also include and provide for a paved turnaround with
a minimum fifty (50) foot radius at the West end of said property. The
development plans shall set forth and there shall be provided a minimum
of one and four tenths (1. 4) on-site parking spaces per each dwelling unit
situated on said property with each parking space to provide a minimum of
160 square feet in area of appropriate dimensions, exclusive of access drives
or aisles thereto.
H. All entrance signs are to be appropriate in size and design for
the entrance to a residential subdivision in the City of Clearwater and are
to be approved by the City or its agents.
1. Said property shall also be subject to all of the applicable zoning
laws and building regulations and codes of the City of Clearwater, Florida.
J. If any person, firm or corporation, their heirs or assigns, shall
violate or attempt to violate any of these restrictions, it shall be lawful for
any other person or persons or the City of Clearwater, Florida, to prosecute
and proceed at law or in equity against the person or persons violating or
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attempting the violate any such covenant or restrictions, and either to prevent
him or them from so doing or to recover damages or other dues for such
violation.
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K. Invalidation of anyone of these covenants by judgment of court
order shall in no wise affect any of the other provisions which shall remain In
full force and effect.
L. Said restrictions and covenants are perpetual and run with the
land and shall not be amended, changed or modified without the prior
written consent and approval of the City Commission of the City of Clearwater,
Florida, a municipal corporation.
IN WITNESS WHEREOF, the
to be signed this ds-d day of
undersigned have caused these presents
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, A.D. 1968.
CARMICHAEL AND COMPANY~ IN'C.
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By l . (___~. .'.~~, L;."\i}..i.,.'".,",..
President i' '-' _':.< >>-" .;
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Attest: ;~ ,- - -
STATE OF GEORGIA )
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COUNTY OF )
Before me, the undersigned authority, this day personally appeared
J, A, Carmichael and W, C. Carmichael to me well known and known to me
to be the individuals described in and who executed the foregoing instrument
as President and Secretary-Treasurer respectively, of the Corporation
named in the foregoing instrument, and they severally acknowledged to and
before me that they executed said instrument 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 ~OF, I have ~eunto set my hand and affi,x. e".d,..",my;
official seal this,;?. day of /u.u~~ ,A. D. 19~.8'tr., ..:..,
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My Commission Expires
Nofary Public. Geors,a State al [arge
ft'Y.Commission Expires June 14, 1971
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Approved this
:</4 day Of~~t~~~r, A.D. JIlt
W. TER, FLORIDA
Attest:
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Approved as to orm and
correctness:
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Signed, Sealed and Delivered
in the Presence of:
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