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JOHN FORD HAROLD WILSON AND MARY ELLEN WILSON 1 69006614 I 1- ).,~:' " , .2997 PAGE 323 -. ,,'... :<J :~ ! 1 ((0 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 -1- J 5'- GOb - 7 '~ . l'; ~ ., .... I Qi ~997 PAG! 324 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, -2- ., '-' I O,R1,2997 PAGf325 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. -3- ...... I t 2997 PAGE 326 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 "'_"~'" "....'~""'r-."'f, '" ,.,..,........~..~"r;., '~.i-><~'ir.~'t._"f'>--..', 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. -4- " .. ,to '.,..... I t 2997 PAliE327 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 lLw~ , A.D. 1968. CARMICHAEL AND COMPANY~ IN'C. ~ ( j ~ ,.;{;,. / ',"' ';_~ .. ,,""\\~::'~; ,,~~!r By l . (___~. .'.~~, L;."\i}..i.,.'".,",.. President i' '-' _':.< >>-" .; /.;--:../;..-:'~i.::::. "-..'" Attest: ;~ ,- - - STATE OF GEORGIA ) ) 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., ..:.., - '~_"_''''''_'''''''__~''~<,~,..;;,"__........,.,~.";~.~"""~,~"",,,_ .~~~~r_~'_^' '--"'.........' "':>I'l"O'<.-;llV~<" '''_ ~7' f-_.,_.;_"\",~,~,,,,,..~!,.,,,,.,.,..;-~,,~~.;r.......,;--~:::;:; ~- ""', '.. , (; My Commission Expires Nofary Public. Geors,a State al [arge ft'Y.Commission Expires June 14, 1971 ~ 1i1J~ 0-" : -': -:-. Notary Public \;~l'_' \"~"': T . ~ ,- ,'.' , J ,; -.:... .. '"" -5- " ,.. .. ,- t ,.-~ ~ I 'R 2997 rAGE328 Approved this :</4 day Of~~t~~~r, A.D. JIlt W. TER, FLORIDA Attest: > \" ~,\, ':, '\ ' Approved as to orm and correctness: ';(~{'0~~ ...; ,'-f:~ ~F).,-..,~ Gity G erk .- Signed, Sealed and Delivered in the Presence of: /<~e.~ ~;;Y+ .""H~"'.-rW l ""'1 "!,,;~,t!'~7m"",",,,'f; :;'''fffl\!,'l~~~,~"~'''I, "~!>~l"'f'~,''f''"-...~(-!.;~ts:p..;;'';:: : 1-ua:~r~-U'~tf:, . ,,,...,j ~""',-u...,n_...._':~ -,.-"' -., .~. -6-