SEWER ONLY - DONN WILLIAM BROWN AND KAREN MACKERAGHAN BROWN
INST # 94-0240781
JAN 26, 1994 5:02pM
AGREEMENT
(Sewer Only)
fINELLAS COUNTY FLA.
OFF:REC.BK 8546 PG 1032
THIS AGREt:MENT, 'made and entered into this _\k day of
,
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and ~
Def'l\\ tC)\\ho...m ~\()wC'\ aM Jl-Q.reC'\ \(\(}~\(.-Q~ Q"--
hereinafter referred to as "Owner"; . .,
JulL\
.' 1 9q~ by and between
BrD.-or)
WITNESSETH:
WHEREAS, the Owner now owns the following described rea! property, iDeated outside the municipal
boundaries of the City of Clearwater:
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and
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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 116,40 through 116.51, Code of Ordinances,
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
is submitted for processing, or
(2) place in escrow a deed transferring 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:
(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 (60l days written
notice to the property owner, to initiate action to annex the property to the City;
(!(!/ ~ ~
,~
Return
City of Clearwater P.o. Box 4748 Clearwater, Fla.
34618
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: J&
PINELLAS COUNTY FLA.
(el that It IS to HI mutual benefit of the Owner and th?-~~~~~~e'c~~rt~~40~- th!?ve~t~~_3
incorporation of the property within the City, to have site and building plans reviewed and accepted by the City
in advance of obtaif}ing any' requisite_ permit from Pinellas County Acceptance of such plans shall precede the
ex~cution.,f 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.
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OWNER:
BY~'t>- ~ ~t--J
_~~{J ~~
STATE OF FLORIDA )
COUNTY OF PINELLAS
VOt\<\
Dvu~ld Brown
oath
Notary Name (print/type) ~/ JJIJR-
My Commission Expires:
..'~.~ OFFICIAL SEAL
: ~\ LINDA S. VJA.lSH
~ i My commi~~;O~~.~'.; ires
... : Sept L..:., .l.. ~~)v
":>:'I't; &-d;..- Comm. ND CC .:::::;0534
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2
I
PINELLAS COUNTY FLA.
,_QX4~8EC. BKu8546 PG 1034
-- ------,..- --.-- -
CITY OF CLEARWATER, FLORIDA
Attest:
:t:
By:
Eh?~
Eli eth M. D tula
In enm City Manager
. ,f)~.
(.;;.;" r:
! oj ~t
,
,
~'(Ii '., ~'Q I'
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 official seal this ---!..L day of ,,/ tYr-\ ,19 9Q.
k~~~
Notary Public
Notary Name (print/type)
\.l1sr c
1.1(; OFFICIAL NOTARY SEAL
-.,.,.~ KAREN DOMBROWSKI
MBER
<(' CC2p2129
MY COMMISSION EXP.
JAN. 231997
My Commission Expires:
Approved as to form and correctness:
~
M. A. Galbraith, Jr.
City Attorney
3
EXHIBIT A
c;J ,
~ ~~
PROMISSORY NOTE~ t~t~~~~~~~~8;~X~T~~~~_~i?_ ~
Lan~, .Recreation Facilities and Open Space Land Fees Due In
'A~dition To and/or In Lieu of Land Dedication)
I
(Recreation
$ riCC). DC"
Clearwater, Florida
Date: "-\~il\._\ \\,o( \CtQ-:3
l
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ /lot}, bL~ 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 $ c:QbO, t:x::) 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 sald
real property, knowingly waive any right to contest the amount due and
further admit full liability for the said obligation which sha7l 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 iqterest 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 subse~uent default,
Each person herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs,
including a reasonableattorney.s fpe, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
OWNER:
BY~'YL \f\ (-:::rY\,lS2-0~
-StJ QYt,?- D/..k?vl-
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I
EXHIBIT A
I
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ ~COI DC~
Clearwater, Florida
Da te: ,,--1\ 1. \ u \lD I l qq3
t
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ nro I t:L~ in the manner herein specified, 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 34618)or at such other place as may hereafter be
designated.
One payment of $ cJ.bO, t:x:...-') 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 3129-83J 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 sa1d
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:
B~1-~t{L N\~V-D\----_J
-stf 0>1fr iJ~~
.:':'.d '0' Lawy.', mi. Guo,a\.y ~, O"oodo, Floddo
11f!farranly ittd (STATUTORY FORM-mTlON 689.01 fl.)
this instrument was prepared by:
Nome ________
Address _u____u____~_
Wl1ia ]tt()rtttUrF,
Made this
25th
day 01
July
19 83 , irhllrrn
RICHARD S. OLSEN and CYNTHIA M. OLSEN, his wife
of the Caunty of
Pinellas
State of
Florida
, grontor~, and
..
DONN WILLIAM BRO~!N and KAREN MACKERAGHAN BROWr~, his wife
whose post office address is 1375 Irving Avenue, Clearwater, Fl
33516
of the County of
Pinellas
State of
Florida
,grantee",
Blitttraartl1, That said grantor, for and in consideration of the sum of TEN AND NO/100---------------,---
-- -- -- --- --- - -- -- -- - - -- - - --- - - - -- --- -- - - - -- - - --- - - - -- - - - - - - - - - - -- - - - - - - -- - - - - -- - --Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknawledged, has granted. bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Pine 11 as County, Florida, to-wit:
Lot 65, EHERALD HILL ESTATES, according to the plat thereof recorded in
Plat Book 46, Page 18, Publ ic Records of Pinel las County, Florida.
Subject to easements and restrictions of record.
Subject to taxes for the year 1983 and subsequent years.
and said grantor does hereby fully warrant the title to said land. and will defend the same against the lawful claims af all
persans whomsaever.
* "Grantor" and "grantee" are used for singular or plural, as context requires,
1Jtt IiIUttraa lliIl1rrrnf. Grantor has hereunto set grantor's hand and seal the day and year first above written_
Signed, sealed and delivered in our presence:
/G-~ ._~ S; i2~L----
Richard 5.1 sen
(Seal)
(Seal)
~~1;r4~ ~J:!z d~_.
(Seal)
(Seal)
STATE OF Florida
COUNTY OF Pine I 1 as
HEREBY CERTIFY that on this day before me, an ollicer duly qualified to take acknowledgments, personally appeared
RICHARD S. OLSEN and CYNTHIA M. OLSEN, his wife
to me known to be the person
he executed the same.
WITNESS my hand and official
19 83.
described in and who executed the foregoing instrument and acknowledged before me that
seal in the County and State last aforesaid this
25th day of
July
My commission expIres:
Notary Public
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AGREEMENT TO ANNEX
ATA 93-06-343 PROPERTY DESCRIPTION
OWNER DONN WILLIAN BROWN & LOT 65, EMERALD HILL ESTATES
APPLICANT KAREN MacKERAGHAN BROWN
,
ADDRESS Parcel No. 23-29-15-25794-000-0650
1375 IRVING A VENUE
Section 23 Township 29 Range 15 Atlas Page 307-B