SEWER ONLY - CALVIN R. WYATT AND JOSEPHINE P. WYATT
~
INST # 94-024079
nJ~~~6, 1994 5:02PM 'j'
-_.._---------'--,-_._--,..__._-,--,-~
AGREEMENT .
(Sewer Only)
PINELLAS COUNTY FLA.
OFF.REC.BK 8546 PG 1036
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THIS AGREEMENT, made and entered into this ~ day of ..J.vLY ,1933.... by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
~ALV' Nt<. \1.~ r.Jf:.lD ~~~N't" ~ w~
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the municipal
boundaries of the City of Clearwater:
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and
WHEREAS, the Owner desires to. connect to the City sewer main and is agreeable to signing an
Agreement with the City for municipal sewer service; and
WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and considerations;
NOW THEREFORE, ~he parties hereto hereby covenant and agree as follows:
1 . The City agrees to provide sewer service, subject to the terms of this f\greement, and to permit the
Owner to connect to its sewer main at the Owner's expense,
2. The Owner agrees:
(al to pay the appropriate annexation fee when this Agreement is submitted for processing;
(b) to pay normal sewer connection Charges and monthly sewer service charges to the City on the
same basis as sewer users outside the municipal boundaries are charged, as set out in the Code of Ordinances
of the City, until the property is annexed;
(cl that all recreation land, recreation facilities and open space land dedication and fees will be due
upon .3nnexa'tian in an amount and ~nanner as prescribed in Sections 116.40through 116.51, Code of Ordinances.
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in particular, the owner shall either:
(1) pay the required recreation faCilities fee if this is the only fee require at the time this Agreement
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Z :> will constitute an application to annex at that time, and the City will have the right, upon sixty (60) days \Nritten
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I:il /Z notice to. t e property owner, to initiate actIOn to annex tne property to t e Itv,
HO '
~ ~ ~~; ~return City of clearwater P.O. Box 4748 Clearwater, Fla. 34618
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is submitted br processing, or
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place in escrow a deed transfernng title to land or a promissory note made payable to the City
of Clearwater, or both as required, such deed and promissory note, copies of which are attached
hereto as Exhibit A (if applicable) to be conveyed or paid prior to the second ordinance reading
effectuating the annexation of the subject property;
(dl
that at such time as it becomes possible for the City to annex said real property, this Agreement
(e)
I.
that it is to' the mutual benefit of the Owner and
PINELLAS COUNTY FLA.
_9_I:'f__'fEC .~l<.~5~()_,_~c;__1QlL
the City, in recognition of the eventual
incorp9ra~ion ?f the property within the City, to have site and building plans reviewed and accepted by the City
in advance of obtaining any requisite permit from Pinellas County, Acceptance of such plans shall precede the
execution of this Agreement by the City and any construction on this property shall comply with the applicable
building and fire codes in effect in the City of Clearwater;
(f) that all of the property described above shall be deemed a single parcel subject to annexation as
provided herein, and any subparcels of the property described above which are created by subdivision or by any
other means shall be included for the purposes of the subsequent annexation procedure, subsequent sale and
individual ownership notwithstanding;
(g) that the terms and provisions of the Agreement shall be a commitment and obligation which shai!
not only bind the present owner of said described real property, but shall be a covenant which shall run with the
land and shall bind and be enforceable against the heirs, successors and assigns of the Owner; and
(h) if the Owner or the heirs. successors, and assigns of he Owner, shall default in the performance
of the terms and provisions of this Agreement, and the City shall institute legal proceedings to enforce the terms
and provisions hereof, the Owner or the heirs, successors and assigns of the Owner shall pay all costs of such
proceedings including the payment of a reasonable attorney's fee in connection therewith.
3. The City shall not be liable for any damage resulting from any unavoidable cessation of service
caused by Act of God, necessary maintenance work, or any cause beyond the control of the City,
4, All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City
Manager, P,O, Box 4748, Clearwater, Florida, 34618-4648 and to the owner at the post office address for the
property described above, at any other address which may be furnished by the Owner from time to time, or at the
address for the Owner according to the property tax rolls of Pinellas County, Florida.
5. This Agreement shall be recorded in the public records of Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first above written,
WITNESS AS TO OWNER:
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C~LLf{
STATE OF rt6R1DA .j N"R...~ Cf1R.chnJA
COUNTY OF P-~JEI I as. ) WJ~
BEFORE ME personally appeared ell 1j)'1O 1< WNAtr ; and :roSephllVL P w 'f1f1:1
to me known to be the individual(s) describ;~'d in and who e~ecuted the foregOing Instrument and severally
dckll0VViedl.jt::d Lt::fult:: me that they executed the same for the purposes herein expressed; and that said instrument
is the free act and deed of said individual Is),
, ~ Udli
WITNESS my il1ind and official seal thlS;< () ~ day Of~, 1 9~.
t);~1Jc . ()c1tiW.Ld
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Not~ry Nat~(p~~/tYP~Jf1l t\I Cp r U eVJ -re S
MY'Co~T:sion;&pi~~s:~ ;:2-13 - q t/
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PINELLAS COUNTY FLA.
. OFt ~ REC. BK 8546 PG 1038 .'
------., ~."... ,...__.'--.'0__,__-.,------- _ _".______.__._,_
CITY OF CLEARWATER, FLORIDA
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Attest:
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By:
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Elizab M. DeR la
Interi City Manager
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Elizabeth M. Deptula, the Interim City Manager of the above-named City,
who acknowledged that she executed the foregoing instrument. She is personally known to me and did not take
an oath.
~ WITNESS my hand and offlc;al s,al 'hl.S J L day of
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Notary Public
bo
J~ ,19J1.
Notary Name (print/type)
v Pv~ OFr=ICIAL NOTARY SEAL
.,..~ KAREN DOMBROWSKI
l. f ~ COMMISSION NUMBER
~ <( CC252129
'1c- ~ MY COMMISSION EXP.
OFf\.O J.tlN.231997
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My Commission Expires:
Approved as to form and correctness:
3
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EXHIBIT A
. ". I PINELLAS COUNTY FLA.
PROMISSORY NOTE ~I<'E...REC:~13l<_fJ.E>:l~_,:p_GJ9 3J!,j
(Re~r.eat)on Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
~6(), Ob
Clearwater, Florida
::JULY i 9 I 1C;-q 3
This Promissory Note to be made an addendum to the Agreement ~o
Annex for the following described parcel:
Date:
Gf1~'i2llQ) ftt Ll$ F-Suit es
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-.:IN PJ-ATGOt'K- 4-G. Pf16-~ I 'it,
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The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ ;2 00. 00 in the manner herein speci fied, the amoun t being
payable in lawful money of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 3461~)or at such other place as may hereafter be
designated.
One payment of $ ';;;"00,00 shall be due at the time the
property is legally able to annex, more specifically to be paid prior
to the second ordinance reading effectuating the annexation of the
subject property. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, open
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present owner of said.
real property} knowingly waive any right to contest the amount due and
further admit full liability for the said obligation which sha~l not
only bind the present owner of said described real property, but shall
be a covenant which shall run with the land and shall bind and be
enforceable against all subsequent owners of said described real
property whether or not it is mentioned in the deed to said owners, as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or in the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
collectible without no~ice, and shall bear interest from the date of
such default until paid at the highest rate of i~terest allowable
under the laws of the State of Florida. Failure to exercise this
option shall not constitute a waiver of the right to exercise the same
in the event of any subsequent default.
Each person herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs}
including a reasonable attorney's fee, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
OWNER:
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EXHIBIT A
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PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
;:;u)() . (96
Clearwater, Florida
:J"'ULY 19, 1993
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Date:
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U=:>l '-4> ,A(eD (C D (NG- ;0 1Hf.. /h,A P
OR. ~ LA 7 ,II (;;.R,(;.6 F /-)<; lZ~co,~l:>.E1J
J N P t.. AT {:3 00 K- 4-(,. f>17 6-1Z f ft,
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F LO (.( I D A .
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ ,;2 00.00 in the manner herein specified, the amount being
payable in lawful money of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 34618)or at such other place as may hereafter be
designated.
One payment of $ ~OO. 00 shall be due at the time the
property is legally able to annex, more specifically to be paid prior
to the second ordinance reading effectuating the annexation of the
subject property. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, open
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full liability for the said obligation which sha~l not
only bind the present owner of said described real property, but shall
be a covenant which shall run with the land and shall bind and be
enforceable against all subsequent owners of said described real
property whether or not it is mentioned in the deed to said owners, as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or in the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
collectible without notice, and shall bear interest from the date of
such default until paid at the highest rate of i~terest allowable
under the laws of the State of Florida. Failure to exercise this
option shall not constitute a waiver of the right to exercise the same
in the event of any subsequent default.
Each person herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs,
including a reasonable attorney's fee, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
OWNER:
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lTBLANX ~.G,n"'u' u.......T.O','c.
TlJffI~ ld'N Print, Pubh3Mrs. RtdI6nd.W:
,_ .".n..w. ..-.a WUILlNTY ~~ p'_J
r~ade thia
Between
DuWhig {J!b~, O.R.
JOHN D. MIllER and MARJORIE L. MIWR, his wife,
311 ;~GEIB4
A. D. 19 56
of the County of Pinellas in the State of Florida
part iel of the first part, and CALVIN R. WYATT, and JaiEPHlt€ P. WYATT, his wife,
wbose _iling address is 5225-22Ild Ave., B., St. Pete1'8but'g
of the County of 11ne11.. in the State of Flot'1da
part ies of the second part,
Witnesseth, that the said part ies of tlte first part, for and in consideration
of tlte sum ofTen Dollars and other good and valuable considerations ----~
to them in hand paid by the said part iesof the second part, the receipt
u'her~of i. hueby acknowledted, have ~ran ted, bartained and 'lold to the
.aid part ies of the second part, their heirs and cusitns
for~l'er, the followint described land, situate, lyint and beint in the County of
Pinellal , State of Florida, to wit:
Subject to restrictions of record and
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1958 real property taxes, . ,,""'....
Lot 66, Emerald Hill Estates according to map or plat
thereof recorded in Plat Book 46 page 18 of the public
records of Pinellas County, Florida.
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.Iml th#' .aid part lea of the first part do hereby fully warrant the title to said
land. and !I.'ill ddend the sam; atainst the lawful claims of all persons whomsoever.
In Witness Whereol, the said partes of the first part ha ve hereunto
ut tbeir hami I and aeals the day and year first above written.
Si~ Sealed aud Delh in Our Preeence:
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Stale of .lorida,
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I HEREBY CERTIFY, That on this day per.onally appeared before
of1lcer did" authorized to adminidu oaths and take acknor.uledtments,
Jolta D. .Uler lad "rjorle L. .Uler, his .ife
me, a".
to me well known and known to me to be the indlvidU4l1 described in a,ul who
r.zuu'ed tht fo'-I04"I deed, alld tll.' acknowledted before me that
tlte, uecuted ,A. same f'eN~ Q"d volu"taril"for the purpnses therein ezpr..sed.
WrrNESS m" Ia4IId and of1lrial .eal at o...diD II ~
('Ou"', of ,I..n.. . and St4te of Florida, thi. 013 '::!!:.
do" of ~ ' .1. D. 19 58.
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Township 29
AGREEMENT TO ANNEX
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PROPERTY DESCRIPTION
OWNER CAL VIN R. WYATT &
APPLICANT JOSEPHINE P. WYATT
ADDRESS
1381 IRVING A VENUE
Section 23
LOT 66, EMERALD HILL EST A TES
Parcel No. 23-29-15-25794-000-0660
Range
15
Atlas Page 307-B