US HOMES CORPORATION
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Hnw I 9~. A~ .:~ DECLARATION OF RESTRICTIONS
THIS '~GREEMENT, made this 5.J day of
O~
, 1984,
by and between U.S. HOME CORPORATION, a Delaware corporat~on, and
the CITY OF CLEARWATER, FLORIDA, a municipal corporation.
WIT N E SSE T H:
WHEREAS, U.S. Home Corporation ("U.S. Home") is the owner of
that certain parcel of property described by Exhibit "A" attached
hereto and hereby incorporated by reference ("Property"); which
(County)
Property is now zoned A.E.-Agriculture-Estate , . " a,nct has a land
Suburban Low Density Residential
use designation of (2.5 UPA Maximum) ; and
WHEREAS, the CITY OF CLEARWATER desires to approve the
annexation of the Property into the City of Clearwater provided
that the Property is not developed, for a period of two years
from the date of annexation, ,to a density greater than that
presently allowed under the Pinellas County Comprehensive Land
Use Plan; and
WHEREAS, U. S. Home agrees that in consideration for the
approval of the annexation of the Proper~y into the City of
Clearwater, the Property will not, be developed to a density
greater than that presently shown on the Pinellas County
Comprehensive Land Use Plan;
NOW, THEREFORE, in consideration of the mutual promises
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contained herein, the parties her'eby agree as follows:
1. Recitals. The above recitals are true and correct and
hereby incorporated by reference.
2. Approval of Annexation. The City of Clearwater hereby
approves of the annexation of the Property into the City of
Clearwater.
The Property shall be zoned RS 75 and the
designation of the
Property on the
Ci ty of Clearwater
.
Comprehensive Land Use Plan sh~ll be Low Density Residential.
3.
Restrictions onnev~lopment.
U. S . Home hereby agree s
that the Property shall not be developed to a density of greater
than 2.5 units per acre at any time prior to ~ I , 1986.
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OiR. 587 OfA.GE 580
These restrictions terminate shall be null and void on
~ I , 1986.
4.
Declaration to Run With the Land.
The declaration
contained herein shall be deemed to run with the land, and shall
inure to the benefit of and be binding upon the parties hereto,
and their successors and assigns.
In addition, the parties
expressly agree that Pinellas County, Florida, a political
subdivision of the State of Florida, shall be a third party
beneficiary of the restrictions contained herein, and shall be
entitled to enforce same.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first above ,.,ri tten.
WITNESSES:
u.S. HOME CORPORATION, a
Delaware corporation
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By:
~b ~/-:;r
Andrew G. Irick, II,
Division President
CLEARWATER, FLORIDA, a
1 corporation
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
Andrew G. Irick, II, Division President of U.S. Home Corporation,
a Delaware corporation, ,.,ho, first being duly s,"orn, Sp.vs.'t.hat,he
executed the Declaration of R~strictions freely andjv~~~Atarily
for the purposes therein expressed, on beha.1Ff ,{'of said
corporation. ! /: ,i~l~.,..
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OAt 587 Of.-AGt 562
LEGAL DESCRIPTION- GEIGER/CICCOTTI PROPERTY (a.k.a. Landmark Woods)
That certain property described in OfCicial Records Book 5438 on pages 1729 and 1730 of
the Official Records of Pinellas County, Florida as the Southwest 1/4 of the Southwest
1/4, less the North 330 feet thereof, or Section 16, Township 28 South, Range 16 East, less
the right-of-way or S.R. 5.93 (County Road 31); also less and except any portion thereof
lying within the boundaries of the plat of TANGLEWOOD ESTATES, as recorded in Plat
Book 75, page 25, Public Records of Pinel1as County, Florida; also less and except any
rights-of-way of record, and being more .particularly described as follows:
BEGIN at the Southwest corner of Section 16, Township 28 South, Range 16 East, Pinellas
County, Florida; thence N 00026' 43" W, for 1000.75 feet along the West boundary line of
said Section 16, said West boundary line also being the East right-of-way line or Landmark
Drive, as recorded in O..R. Book 5328, on pages 1359-1361 of the Public Records of
Pinellas County, Flo~ida to the Southwest corner of said plat of TANGLEWOOD ESTATES;
thence leaving said East right-of-way line S 89~ ~3' 58" E, for 1287.69 feet al~rig the South
boundary line Qf said plat of TANGLEWOOD ~~TES to a point o'n the We.st.right-of-way
line of McMullen-Booth Road (S.~. 593); thence'S OOlS 23' 56" E ~6ng S:aid West right-of-
way line and along a line 50.00 feet West of and parallel to the East line of the Southwest
1/4 of the Southwest 1/4 of said Section 16, for 999.22 feet to a point on the South line of
the Southwest 1/4 of said Section 16; thence N 89038' 01" W, along said South line, for
1286.86 feet to the POINT OF BEGINNINGl and containing 29.55 a~res, more or less.
.
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EXHIBIT "A"
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