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D.R. 4 6 99 PAGE
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COVENANT RUNNING WITH THE LAND
143
WHEREAS, DIMMITT CAR LEASING, INC., a Florida corporation,
and WALTON M. BYARS, JR., a single man, are the owners of the
following real property situate, lying and being in the County of Pinellas
and State of Florida, to wit:
Lots 1 through 4 and the West 1/2 of Lot 5, Magnolia
Park Subdivision, according to the map or plat thereof
as recorded in Plat Book 3, page 43 of the Public Records
of Pinellas County, Florida, and Lots 1 and 16, Coachman
Heights Subdivision Revised, according to the map or plat
thereof as recorded in Plat Book 20, page 26 of the Public
Records of Pinellas County, Florida;
and
WHEREAS, said Owners desire to place certain restrictions upon
said property which shall be covenants running with the land for the protection
of themselves, persons and corporations purchasing said property from them
or their heirs, executors or assigns, and the City of 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 consider-
ations between the parties, receipt of which is hereby acknowledged, the
undersigned, DIMMITT CAR LEASING, INC., a Florida corporation, and
WALTON M. BYARS, JR., a single man, as Owners of the above described
real property, do 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 regardless of whether they are specifically mentioned
in any deeds or conveyances subsequently executed.
2. These Restrictions shall be executed and recorded in the Public
Records of Pinellas County, Florida, simultaneously with Ordinance No. 1777
which vacates that certain alleyway which is fifteen feet four inches (1514")
in width and which runs East and West between Ewing Avenue and Prospect
Avenue and which lie directly South of Lots 1 through 4 and the West 1/2 of
Lot 5 in said Magnolia Park Subdivision, and directly North of Lots 1 and
16 in said Coachman Heights Subdivision Revised; and which was created and
dedicated when Coachman Heights Subdivision Revised was platted in Plat Book
20, page 26 of the Public Records of Pinellas County, Florida in 1927.
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3. In the event the City of Clearwater, Florida, should desire to
reacquire any of the land - title to which Owners shall acquire by reason
of the vacation of the hereinabove described alleyway - solely for the purpose
of road right-of-way in the event the Northerly portion of Ewing Street as it
intersects Park Street is straightened and aligned with the portion of Ewing
Street that intersects with Pierce Street and runs southwards from said alleyway,
the Owners, their successors or assigns, will reconvey to the City of Clearwater,
Florida, at no cost to the City of Clearwater, Florida, so much of said land
acquired by the vacation of said alleyway as shall be reasonably required for
the above stated road right- of-way purposes.
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4. Owners further agree that if at the time Ewing Street is widened
there is a structure located on that portion of the vacated alleyway required
by the City of Clearwater for right-of-way purposes, then Owners agree to
remove that portion of such structure that lies within or upon that portion of
the alleyway vacated by Ordinance No. 1777.
5. Owners further agree that if for any reason the City of Clearwater
is required to institute condemnation proceedings to acquire the alleyway
vacated by Ordinance No. 1777 , then this agreement and the covenants
contained therein may be introduced into evidence for considera tion by the
jury in any such proceeding involving the Owners or their successors in
interest.
6. These covenants and restrictions shall be binding on the Owners,
their successors and assigns, and all parties deriving any title to the premises
or the right to the use and occupancy thereof by, through or under them, and
the Owners hereby covenant and agree to indemnify, protect and save the
City of Clearwater harmless from all claims by anyone, including reasonable
attorney's fees, in connection therewith.
IN WITNESS WHEREOF, the Owners have caused these presents to be
execute a~d have hereunto set their hands and seals, this I /J ~
da yof ,A.D. 1 9 7 8.
DIMM~AR,LE~SI~INC.
BY~~'
Earl A. Post, Vice-Pres'ident
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Walton M. B~ s, Jr.
STA TE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day personally appeared before me,
an officer duly authorized to adn1inister oaths and take acknowledgments,
EARL A. POST, Vice-President of DIMMITT CAR LEASING, INC., a
corporation, to me well known to be the person described in and who executed
the foregoing and duly acknowledged before me that he executed the same for
the purposes therein expressed as the act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed m~
officia~)al at Clearwater, County of Pinellas, State of Florida, this _llr---
day of ~ j , A.D. 1978.
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My Commission Expires:
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tn.R. q 6 9 gPAGE 1 4. 5
STA TE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day personally appeared before me,
an officer duly authorized to achninister oaths and take acknowledgments,
WALTON M. BYARS, JR., to me well known and known to me to be the individual
described in and who executed theioregoing, and he acknowledged before me that
he executed the same freely and voluntarily for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand a~ affixed my
official seal at Clearwater, said County and State, this ~ I) .,?'" day of
_~/\k~ . A.D. 1978.
My Commis sion Expires:
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