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IMPERIAL HOMES CORPORATION (3) '~ .'" ; tIf CaSb>tlChg 40Rec I 0 ' frO 41 St 42 Sur 43 Int Tot / () , I/l) ~ I 78011759 I :,; i' '.-:Vf.[; '.l~U\,3 GO, FlOR1[:.4 . IT"-(') -\--\.~...........;.. 1 r~l. 1,'"4. CLERK CIRCUli COURT JAN 25 2 2'* PH ~78 AMENDMENT OF RESTRICTIONS ~. R. 4649 fAGt1214 WHEREAS, Imperial Homes Corporation, now known as U. S. Home Corporation, hereinafter called "Owner", caused to have recorded in O. R. 4007, Page 884 of the Public Records of Pine11as County, Florida, Restric- tions applicable to: Lots 9 and 10 in the Southeast 1/4 of Section 12, To~vnshiu 29 South, Range 15 East, according to the map or plat of PINELLAS GROVES SUBDIVISION as recorded in Plat Book 3, page 15 of the Public Records of Pine1las County, Florida; and WHEREAS, said Restrictions were promulgated in conjunction with the original plan submitted for development of the above described property by the Owner; and ,;~ 0';:, WHEREAS, subsequent to the issuance of permits for construction ~( based on the original plan, progress on development of the property was ,C -\i,- halted and the project left uncompleted; and "'",'; ~VHEREAS, the Owner has now reinitiated work on the property for a project which has been revised according to an amended plan and desires ft" \,-: to amend said Restrictions to reflect the modifications to the original ~; plan; and \'.,. WHEREAS, said Restrictions may not be amended or terminated with- ';~ ~ .,~ out the prior written consent of the City of Clearwater; NOW, THEREFORE, the Owner hereby amends said Restrictions, and the City of Clearwater consents to such amendments, to read as follows in their entirety: 1. These restrictions and limitations are to be regarded as covenants running with the land regardless of whether they are specifically mentioned \."\ \t in any deeds or conveyances subsequently executed. ,"1. .J ~:' r\ r, 2. The Owner has deeded to the City of Clearwater the South fifteen V' , ) ~' , \. \J \"; '" (15) feet of the above described property for the expansion of Marilyn Street .., ", and will complete, at its expense, within six (6) months from the date of \' J" this amended agreement, the unbui1t half of ~1ari1yn Street from the Owner's \ "\ eastern property line to where Marilyn Street intersects Hercules Avenue according to a plan to be submitted to and approved by the City of C1ear- water. In particular, such roadway improvements shall be so located and designed to include an acceptable landscape treatment along the southerly This instrum"'ut 'PO THOMAS A. BUS'r""s P!'t;pal'cd by: City of Clearwater l~ OCltn\ Attorney Cl ' . . Ox 4748 earwater, Florida 33518 -1- RETURN TO: CITY CLERK P. O. BOX 4748 CLEARW A TER, FLA. 335] . t-; I /5(}{ (- I{) '-~----,--~~----- ... ,... ~~ ,-; I I .- I!"' . j---" ~. a.4&C9 PAGf1215 boundary of the Owner's property facing Marilyn Street. 3. The Owner has granted to the City of Clearwater a thirty foot (30') right-of-way and utility easement along its North property line and the Owner will not construct any improvements other than landscaping in that portion of the thirty foot (30') easement North of the existin8 in- ternal drive. Further, the Owner shall provide for connection of the internal circulation system to such street at the northerly limit of its property as may be constructed in the future in a manner approved by the City. 4. The Owner pledges to pay to the City prior to the last Certifi- cate of Occupancy the sum of Five Thousand Dollars ($5,000.00) toward the cost of any future construction of a roadway within the thirty foot (30') easement at the northerly property line. 5. The multi-family dwelling project to be constructed on the above described property shall include not more than one hundred eleven (Ill) dwelling units as shown on the revised plan filed with the City of Clearwater. 6. These covenants and restrictions shall be binding on all parties and all persons claiming under them, and no exception, variation or ter- mination of these restrictions shall be authorized or effective without the prior written consent of the City of Clearwater. IN WITNESS ~mEREOF, the Owner executed this instrument and the City of Clearwater, Florida, consents thereto this .:2 I) r~ day of January , A.D., 1978. Witnesses: Ii~. --,,,I ,.ct.,:. , *~ a~.4~ o U.S. Home Corporation U. S. HOME CORPORATION By: ~ ~'1/~ Division'ilP-'t' ,~;9~:.. .' ,.' \ ,;~;_,~( :', ~i ,: ," :~:,~: '\ ~~~:~':>. (CORPORATE SEALL:: ", ,,-, ',' " ! ~,',,-',.'. :," g d~. ~\ ~ '~" ;_ ;.,.J.......:":' '- "'"', ,~ .. ~j,' "" .-' ~ I .) .." ,,' .' I' I ~ . ,It I -2- .. -~,. _.....~' !i> .. - I ...- ',. cO c,e;;;/J ~ Mayor-Commissioner STATE OF FLORIDA ) ) ss COUNTY OF PINELLAS ) The foregoing instrument was of January , 1978, by Division Condominium President of tion. ~~W'6f1A~Yyg. My CommIssion Expires Feb. 16, 1980 Bonded by American F;re & Casualty l;f, STATE OF FLORIDA ) ) SS ) COUNTY OF PINELLAS Ii. 1.4649 ..1216 Attest: acknowledged before me Frank P. Macagnone U.S. Home Corporation, this 20th day a Delawa~~U~:F'pora- ,;::"',~' ~pA\~:~~;,:'i,",,>, " " " i'i. " ,', -:...~...:"-~~.. ~. .. .,:t', I HEREBY CERTIFY, that on this :2<:) day of ~ ' 1978, before me personally appeared Anthony L. Shoemaker, T *as A. Bustin, R. G. Whitehead and Gabrial Cazares, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing 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 instru- ment is the act and deed of said corporation. lVITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. My Commission Expires: Notary Public, Stde of FIoridt at Large My Commission Expires Sept. 29. 1981 Bond-.l By ""lIOlico" fire . (:'I~.lly C:.mpanv -3- c~~""'< ,!.;.\: ("'1-, J ~."' - , ~..,. , t '.)_'_ ..~'.-:,," ;:- ,,1-. ~ II ~ ~ \>~ ..':'~: ,,' . :/ 'J : -; e ri, ... 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