SEWER ONLY - DAVID L. SHUMATE AND CINDY SHUMATE
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AGREEMENT
(Sewer Only)
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THIS AGREEMENT, made and entered Into this L- day of
fV\6N,~ , 19~ by and between the CITY OF CLEARWATER, a
municipal corporation, hereinafter referred to as "City., and
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C i"" 0"'/ .s H- v........ oo/f"E;
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,
INST # 96-069108
MAR 14, 1996 2:35PM
hereinafter referred to as "Owner";
PINELLAS COUNTY FLA.
OFF.REC.BK 9277 PG 1003
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the City of Clearwater:
"l1 r:!!::COf;DING Lor I Blcoc;..lc. ~ C4..../i-c" T-errc..e.t:
flceT ~ooo':'7_cz... ,,', ,
COC[~ F,~st Qold d..(Q.....J a...c.ccrdu." -k +~~ h->2p 0- pJef-
:~~C""L.1.:...;~~ th"'~Ol!c}' ~') r.e.(c...d~d ,'--, Plaf- ~<;.~ 4"3 J p"2<3~
6~~<':':)--_"'_- 3~, publ;<.. 12<.~~d.f c+ 'P:,,<.t(t..s CO....,,,~J FLc.r~cl~
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P/C:
CERT
Also known as:
1~4-3 ~r: I'-\.....l:>,..~ v 0;:.
Clearwater, Florida
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FEES
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and
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"'.)T~.::v 1'> IJ - WHEREAS. the Owner desires t. """"ect to the City sewer ma;n and ;s agreea"e t. s;gn;ng an
Agreement with the City for municipal sewer service; and
)7l 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:
(al to pay the appropriate annexation fee when this Agreement is submitted for processing;
(bl 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 annexation in an amount and manner as prescribed In Sections 116.40through 116.51, Code of Ordinances.
In particular, the owner shall either:
(11 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 (60) days written
notice to the property owner, to initiate action to annex the property to the City;
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OFF.REC.BK , _
(e) that it is to the mutual benefit of the Owner and the City, in recognition of the eventual
incorporation 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.
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STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFOREMEpersonallyappeared .llin.u.ti ~ ,and CuvvlLt- ~
to me known to be the individual(s) described in and who executed the foregoin~t and severally
aCknowledged before me that they executed the same for the purposes herein expressed; and that said instrument
is the free act and deed of said individual(s).
WITNESS my hand and official seal this ~;;l... day of JllJrI ,19~.
0010 J ...."1tJ~
~ Public
Notary Name (print/type)
GA-IL ~ASCI4AJJ
GAIL P. FASCHAN
, 3/1Wt7
Bonded By Se~ Ins
No. CC268415
~srdly ~ 11-..&
My Commission Expires:
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'INELLAS COUNTY FLA.
OFF.REC.BK 9277 PG 1005
CITY OF CLEARWATER, FLORIDA
Attest:
~~ ~.
By:
8~t~~
Ci Manager
/ -
- ~~
STATE OF FLORIDA )
COUNTY OF P1NELLAS
BEFORE ME personally appeared Bizabeth 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.
WITNESS my hand and official seal this &-+-t- day of "huvv, 19 q ~
Notary Public
~+~.~
~ '{ I'll CARQ':m L. BRINK
t}\ COl/.M! c~:0N # CC 463040
~~ ~ BONDED THRU
"YJ1Of f\.~<f. ATLANTIC BONDING co.,lNC.
Notary Name (printltype)
My Commission Expires:
Approved as to form and legal sufficiency
~~
Pamela K. Akin
City Attorney
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PINELLAS COUNTY FLA.
OFF.REC.BK 9277 PG 1006
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RICHARD L. FIDLER
REGISTERED L^ND SURVEYOR
3700 US 19 N, Suite N
Pal m II arb 0 r, F lor i d"a 3 3 5 6 3
942-2571
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Zone G
(Pinellas Co.)
Panel fl0126C
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Certified to:
,
Daniel & David Shumate
and
Coas~al Bonded Title Co.
and
Bloomfield Nortgage Co.
A Survey of Lot 1, Block H in CARLTON TERRACE FIRST ADDITION,
a subdivision as recorded in Plat Book 43, Page 39 of the Public
Records of Pinellas Cdunty, Florida.
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Date of Survey: June 25, 1986.
L. Fidler
Reg. Surveyor No. 2695
Roturn to:
(enclose Bolf.oddrossed stemped envelope)
ARTA #4917-8
Ne1ne:
Address:
ARTA Bell".i,
321 Indi.n Rocb Rd.
Bell"." Bluff.,R 34640
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This Instrument Prepered by: E. Munerkey
ARTA Bell".i,
321'ndi.n Racb Rd.
Bell..I, Bluff.,R 34640
Property Appraisers Parcel Identification (Folio I Numberls':
PARCEL # 06129116/13664100810010
SPACE ABOVE THIS UNE fOR PROCESSING DATA
II
SPACE ABOVE THIS
fOR RECORDING DATA
This Quit-Claim Deed, Executed lhis 21st day of March, A.D. 1994, by
DA VID L. SHUMA TE AND CINDY SHUMA TE, HIS WIFE AND DANIEL R. SHUMA TE, A SINGLE MAN
jirst party, to
DA VID L. SHUMA TE and CINDY SHUMA TE, his wife and DANIEL R. SHUMA TE
whose postoffice address is
1843 Marl7yn Drive, C1t1BfwBter, FL 34619
secolld party:
(Wherever used hert/n the terms "first party" and "second party" shillllndMtk slnguhu and phuu/, heirs, ,.,." npresenfllllvn. and _IBns 01
'ndMduaIs, and the Suttesson and assigns of t"",orullon, when." the _ .0 tldmlts ", nqulns.'
Witnesseth, That the said jirst party, for wid in consideration of the sum of $10.00, in hand paid by the said second
parry, the recei/}t whereof is hereby acknowledged, does hereby remise. release and quit-claim unto the said second party forever, all
the right. title, ill/erest, claim alld demalld which the saidjirst party has in and to the following described lot, piece or parcel of land,
.l'ilutlled. Iyillg alld beillg ill the CoulI/y of PineNas, State of Florida. to-wit:
, Loll. Block "H". CARL TON TERRACE FIRST ADDITION, e<:<:on6ng '0 the m.p 0' pl., I~f .. ~ In pt., 8<>ok 43, Peg. 39,
Public Record. of Pinel/.. County. Radd..
Subject to taxes and assessments for 1994 and aU subsequent years.
Subject to easements and restrictions of record.
To Have al~d to Hold the same together with aU and singular the appUl1enances thereunto belonging or in
(//rywise Ilppe,1ailling. arid all the estate, right, title. interest, lien, equity and claim whatsoever of the s~:djirst party, either in law or
equ;,)'. /(J ,he ollly pro/Jer use, benejit alld behoof of the said second party forever.
JIl Witness Whereof, The saidjirst party has signed and sealed these presents the day and year jirst above written.
Signed, sealed and delivered in presence of:
WITNESS
DAVID L SHUMATE
WITNESS
CINDY SHUMATE
DANiel R. SHUMATE
STATE OF: Florida
COUNTY OF: Pinellas
111ereby Certify that on this day, before me, and officer duly authorized in the State qforesaid and in the County qforesaid to
take ackl/owledgmellls, persollally appeared DA VlD L. SHUMATE AND CINDY SHUMATE, HIS WIFE AND DANIEL R.
SHUMATE, that I relied upon thefollowillgform of identification
ro me /mowlI to be the persoll described in and who eJCecuted the foregoing instrument and he / she / they acknowledged before me that
Ill' / she / they executed the same, alld tha, all oath was / was not taleen.
NOTARY RUSSER ST AM> SEAL
Witness my hand and offidal seal in the County and State lasl
qforesaid this . day of , A.D.
1994
NOTARY stGNAnJRE
PRlNTED NOTARY NAME
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