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SEWER ONLY - CARL G. DAVIS :>' t ,p INST # 95-223685 SPT 7, 1995 3:34PM I " . AGREEMENT (Sewer Only) I PINELLAS COUNTY FLA. OFF.REC.BK 9100 PG 590 THIS AGREEMENT. made and entered into this{../h day of ~'rlp-m.b~1( , 19fr by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and Carl G. Davis hereinafter referred to as "Owner"; WITNESSETH: WHEREAS, the Owner now owns the following described real property, located outside the municipal K boundaries of the City of Clearwater: ~~c;EW~ ;J, 4-, (JIJ Lot 29, Block 5, Virginia Grove Terrace Third Addition according to the map or plat thereof as recorded in Plat Book 37, Page 74, Public records of Pinellas County, Florida REC FEES MTF PTG PIC DOC iNf 'TOTAL -:70- LJvf ~t Documentary Tax Pd. $_ $ 110 Intangible Ta~ Pd. Cle;k. Pinallas Cou':ty Deputy Clerk By Kar/eon F De 81aker '~G . 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, the parties hereto hereby covenant and agree as follows: 1 . The City agrees to provide sewer service, subject to the terms of this Agreement, and to permit the Owner to connect to its sewer main at the Owner's expense. 2. The Owner agrees: (a) 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; (c) that all recreation land, recreation facilities and open space land dedication and fees will be due upon annexation in an amount and manner as prescribed in Sections 116.40through 116.51, Code of Ordinances. In particular, the owner shall either: \ ~ "<:t l'- "<:t '." . ~ X 0 I- 0: 0 W co :2: -1 W a: c..:l c..:l => >- u_ l- I- W u.. 0: c..:l 0 I- CJ) 0 c.. pay the required recreation facilities fee if this is the only fee require at the time this Agreement is submitted for processing, or 'a:; "<:t (2) place in escrow a deed transferring title to land or a promissory note made payable to the City t- "'1' of Clearwater, or both as required, such deed and promissory note, copies of which are attached 00 w hereto as Exhibit A (if applicable) to be conveyed or paid prior to the second ordinance reading '<:j' M effectuating the annexation of the subject property; -1 (d) that at such time as it becomes possible for the City to annex said real property, this Agreement ~ will constitute an application to annex at that time, and the City will have the right, upon sixty (60) days written cc LLJ notice to the property owner, to initiate action to annex the property to the City; ji?-~;~~ Q9,~(yj-' .. ~ 2,;; c.: (1 ) Of. I . ,?'\ .,,'. " (;7 ) r I PINELLAS COUNTY FLA. t OFF.REC.BK 9100 PG 591 (e) that it is to the' mutual benefit of the Owner and the City,lin recog..;iiiOn of the eventual--- incorpor<1ition of 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 shall 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 ~ JY2' ~ :~E~~ ~ day of rLJ; ,19~. Notary Name (print/type) /~"'J!I~ 14 oJ. 2 ~iN' My Commission Expires: .::Ju / oj I ). '7. /9 9 '7 I G.... . .. ..!JLW ~y \~}.. """-~~ KENNETH J. ZAHN NOTARY PU:U8 - r.llNNESOT.\ I--r::J<:'.!~F-~:": ,; C>'_., ~",~~-,.,~TY I.~, c:::;';-::--' :::::: .. .'",,~ 1-'" ;j , , ,",:...j ~~"'I '-'....,p' t 2 .. . J PINELLAS COUNTY FLA. I OFF.REC.BK 9100 PG 592 CITY OF CLEARWATER, FLORIDA , \ \ ~ \ i ~ 1 i J Iii Attest: " .. . " q to ~ By: @~~ zabeth . Deptula City Manager Cynthia E. :~ou City Clerk-.. Ii" , ~ I 'I, ", , 1 t' ... ~ fI f I 1 j I ! I j l ~ STATE OF FLORIDA I COUNTY OF PINELLAS BEFORE ME personally appeared Elizabeth M. Deptula, the 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. fi!. ~ W~'T.NESS my hand and offf};;;;j9 day ~'9 r:;S {:;fl a .lJ ;ti"'~, DEN~E A. I'nlSDN otary Public' . . . . ~:(~.;.~:~ MY COMMISSION # CC 201408 EXPIRES (' '\ ',*~i~! June 18,1996 Notary Name (printltypelR) I -..) (J f.-) ..',.9f,.f,'.... BONDED THRU TROY FAIN INSURANCE. INC. f My Commission Expires: Approved as to form and legal sufficiency MjJ Pamela K. Akin City Attorney 3 PINELLAS COUNTY FLA. OFF.REC.BK 9100 PG 593 ~ ~ SRo_590-R S -S- AGREEMENT TO ANNEX A TA 94-04-362 OWNER MARGUERITE OWENS APPLICANT ADDRESS 1705 LUCAS DRIVE PROPERTY DESCRIPTION LOT 29, BLOCK 5, VIRGINIA GROVE TERRACE, THIRD ADDmON (" . Parcel No. 05-29-16-94374-005-0290 Section 05 Township 29 Range 16 Atlas Page 264-A ~ .... -~ ~- -~ I C I T Y ~-r A ~ l..\- 04 - 3>(0"2- CI"EARWATEH, o F '" POST OFFICE BOX 4748 C LEA R W ATE R, F LOR I D A 3 4 6 1 8 ' 4 7 4 8 January 31, 1994 Mr. Robert A. Pensa, Director Pinellas County Building Department 315 Court street Clearwater, Florida 34616 Re: sanitary Sewer service: Parcel Number: OS/29/16/94374/005/0290 Lot 29, Block 5, virginia Groves Terrace, 3rd Addition 1705 Lucas Drive Clearwater, Florida 34619 Dear Mr. Pensa: Please be advised that Carl G. Davis owner(s) of the above property has applied for sanitary sewer and/or water service from the city of Clearwater. The following fees have been paid: 900.00 Sanitary Impact Fee - Receipt No. {(-32€3D $ $ $ 935.90 Sanitary Assessment Fee - Receipt No. LIEN SIGNED 200.00 Recreation Facility Fee - Receipt No. promissarv Note The city of Clearwater will provide sanitary sewer service to the aforesaid property and applicable impact fees have been paid. The city of Clearwater utilities Division will collect the applicable water meter fee and/or utility deposit fees when applied for by the applicant. Very truly yours, c/? ~~f ~ , m Cv~_~~ Robert J. r/aran civil Engineer III RJM/ddm cc: Building Director Infrastructure: G. smith city Clerk: cynthia Goudeau DOAS: Lisa Kelly Public Works/Plan Review PENSAMIS.DDM Central Permitting Director Public Works/Engineering Parks Dept.: Terri Hughes DOAS: John Scott Present Owner o "Equal Employment Clnd AffirmCltive Action Employer" ... . -- ~. I I PN10-01 CITY OF CLEARWATER ATTN EARL PARCEL ID 05-29-16-94374-005-0290 PAZIP YRBLT/EFF FLRS TOT SUFT S/S9FT AVR 1705 LUCAS DR 34619 1961 1961 1.169 45.33 1.08 OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVE~ENT == HEAT S9FT MARGUERITE OWENS 1 01 SINGLE FAMILY 972 1709 LUCAS DR LEGAL DESCRIPTION CENSUS PBOOK/PG CLEARWATER FL VIRGINIA IiROVE 268.04 37 74 34619-1914 TERRACE 3RD ADD HBHD LOT SIZE ==> ISC COUNTY BLK 5, LOT 29 022 8,400 S9 FT 70 X 120 YEAR IMPROVEMENT LAND ASSESSMENT AS/FT YEAR TAlES PD D TIIFT 1994 28~000 20,900 48,900 41.83 1994 1,080.08 Y N 0.92 SALE DATE AMOUNT BOOK/PAGE DT 9 T SALE DATE AMOUNT BOOK/PAGE DT G T SEP, 1994 53,000 8781 156 WD P DEC. 1985 25,000 6165 1131 U P SELLER'S NAME MARGARETHE SCHMID MORTGAGE COMPANY ====== LAND I PROPERTY USE ======== HOMESTD LP 01 210 SINGLE FAMILY HOllE [) N AMOUNT DATE MTS TYPE RATE NUMBER GENERAL REVIEW DATE BUILDING REVIEW DATE 01-JUN-87 29-SEP-92 ENTER=FWD F1=DOCS F2=BLDG F4=TAI F5=LGL F7=DIH F8=XFEAT F13=SKTCH F6=COMP MENU PN10 RECENT DEED PRESENT - F1=VIEW ISC READY PN10-092 ISC OF WEST FLORIDA - PINELLAS COUNTY DEE DIN FOR MAT ION FOLIO NUMBER 05-29-16-94374-005-0290 PROP ADDRESS 1705 LUCAS DR RECORDING BOOK & PAGE RECORDING DATE DEED DATE DEED TYPE ~ULTIPLE IND 8781 156 091394 091294 WD BUY E R I N FOR MAT ION 1. MARGUERITE OWENS i.. ). 4. 5. 6. S ELL E R I N FuR MAT ION 1. fiARGARETHE SCHM I D 2. 0. 4. 1..<. b. STILLWATER, tiN 5:,0829500 DOC STAMPS SALE AMOUNT 371.00 53.000 PREPARED BY REMARKS ASTRO TITLE SERVICES INC ENTER/F9 = NEXT/RETURN FIO = HELP F11 ~ MAIN MENU Fl2 = SIaN OFF PN10 ISC READY .. ... ,; I R E eEl P T CITY OF CLEARWATER BUILDING INSPECTIONS DIVISION 10 MISSOURI AVE SOUTH P. O. BOX 4748 CLEARWATER, FL 34618-4748 (813) 462-6567 I APPLICATION NUMBER: A-027802 RECEIPT NBR: R-32830 PERMIT NUMBER: 94020074 RECEIPT DATE: 02/03/94 PROJECT ADDRESS: 1705 LUCAS DR CLEARWATER, FL 34619 OWNER NAME: DAVIS, CARL G. CONTRACTOR NAME: CHECK NUMBER: 261 FEE NAME FEE DUE PAID-TO-DATE PAID TODAY REMAINING LAST PAID --------------- ------------ ------------ ------------ ------------ --------- --------------- ------------ ------------ ------------ ------------ --------- WA TER/SHIER OUT WATER IMPACT RECREATION FAC SWR IMPACT RE I NSPECTI ON 0.00 0.00 0.00 900.00 0.00 0.00 0.00 0.00 900.00 0.00 0.00 0.00 0.00 900.00 0.00 ------------ ------------ ------------ ------------ 900.00 900.00 900.00 ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ 'F~l~ ID CITY OF CLEARWATER CENTRAL PERMITTING 0.00 0.00 0.00 / / 0.00 02/03/94 0.00 / / 0.00 11v \\/ J\ Jd, 1\) flf~~ ('I II' .....:..:.. C1...Ei\ I i,/'\ITll FEB.03'94 1 tt CORNER TOTL CHCI< CHNG NQl966 328.30 900.00 900.00 900.00 .00 13:58 H . I I I PINELLAS COUNTY FLA. OFF.REC.BK 9100 PG 594 EXH1BIT A PROMISSORY NOTE (Recreation Land, Recreation Facilities and Open Space Land Fees Due In Addition To an%r In Lieu of Land Dedication) $ 200.00 Clearwater, Florida This Promissory Note to Annex for the following described Da te: .5i:f;f~mlJ.u', t / ff~ / . be made an addendum to the Agreement to parcel: ~ot 29 Block 5, Virginia Grove Terrace Third Addition according to the map or plat t~ereof as recorded in Plat Book 37, Page 74, PUblic Records of Pinellas County, Florida The undersigned, its successors, or assigns, or any subsequent owner, promises to pay to the CITY OF CLEARWATER, ~LORIDA~ or order, the sum of $ 200.00 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 $ 200.00 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 recreabion 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 sha1l not only bind the present owner of said described real property, but shal1 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 interest allciwable 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, lne 1 udi UK J!X"_eas Q nJI.J~:LenJi,.t:t_QJ:: n~ey I S___f,ELe_'u,_wlle.:t.b.er.__suLt_bfLb r ought_, Qr ' not , if after maturity this notice o~ default hereunder, counsel shall be employed to collect this note. ::NE~Q-J! vfl~ .:;;;, , I ~. ,