AGREEMENT TO ANNEX - REQUEST #2 - SEC 09-29-16
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O.R. 5 23 0 PAGE
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AGREEMENT
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II, day of
THIS AGREEMENT, made and entered into this
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, A. D. 1981, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and.
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DA VID BILGORE & COMPANY, INC., a Florida corporation, hereinafter
RECE~VEa:
referred to as "Owner";
WITNESSETH:
'AUG 7 19811
WHEREAS, the Owner has requested the City to annex celltr~l
property as set forth in Exhibits I and II into the City limits of the City of
Clearwater; and
WHEREAS, a portion of the property now desired to be annexed was
the subject of a previous Ag~eement between the Owner and the City; and
WHEREAS, it is the mutual desire of the Owner and the City to
supersede such previous Agreement; and
WHEREAS, it is the' objective of the Owner to initiate construction
on a portion of the property identified in Exhibit II prior to the effective date
of this proposed annexation: and
WHEREAS, the City is prepared to consider such application for
annexation based upon and subject to the terms, of this Agreement;
NOW, THEREFORE, the parties hereto hereby covenant and agree
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as follows:
1. The City does hereby agree to provide water service to the subject
property and to permit the Owner to connect to its water main at the Owner's
expense.
2. The City further agrees to provide a letter to Pinellas County in
confirmation of its ability and agreement to provide said water service to
the subject property upon execution of this Agreement by the Owner and
precedent to final annexation approval.
3. The City will install one (1) gravity sewer lateral from the East
side of McMullen-Booth Road to the West side thereof to serve the subject
property (North and South of the R~'fP~a.d), in a rn.,aFer and location approved
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ID~. 523 OPAGE 739
by the City Engineer so as to provide for connection of the subject property
to the City's sanitary sewer system.
4. In consideration of the covenants contained in Paragraphs 1, 2
and 3 immediately above, on the part of the City, the Owner agrees:
(a) to pay normal water connection charges and monthly water charges
to the City on the same basis water users outside the municipal bou.ndaries
are charged, as set out in the Code of Ordinances, City of Clearwater, until
such time as the property is annexed, after which the otherwise applicable
rate will be paid;
(b) to dedicate such additional right-of-way to the City as needed to
provide a 50-foot 1/2 right-of-way for McMullen- Booth Road (from centerline
description at OR 5020, page 2127) and S. R. 590 where subject property
adjoins these two public rights-of-way, as depicted in Exhibit II;
(c) to provide a buffer by dedicating to the City for road right-of-way
purposes property seventy feet (70') in width adjacent to the West property
line from the North boundary to the South boundary of Parcel D as noted in
the attached Exhibit II.
5. The Owner further agrees tas follows:
(a) to prepare and submit for consideration by the City an application
for an Industrial Planned Development (IPD) Zoning District for that portion
of the site North of the S. C. L. Railroad right-of-way prior to the initiation
of any development on the tract;
(b) That such IPD plan will, in accord with the IPD approval process:
( 1) pr ovide that building height will not exce ed two (2) storie s
above ground level;
(2) establish a building setback line not less than one hundred
feet (100') from the existing West property line, fifty feet (50') from the
Southerly S. R. 590 right-of-way line and two hundred feet (200') from the
existing centerline of McMullen- Booth Road right-of-way;
(3) require any individual parcel or lot size to be not less than
five (5) acres;
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(4) limit the general nature of proposed uses to corporate
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office and related light industrial activities, such uses to be approved as
a part of the overall plan; and
(5) provide for variation from the above criteria only in accord
with the proca:lures set out in Sections 131. 109 through 131.111 of the Clearwater
Zoning Ordinance and as same may be amended.
(c) to provide to City (or SWFWMD) at no cost to City a twenty-foot
(20') easement of access West of McMullen- Booth Road and North of property
to be acquired by SWFWMD in fee simple as depicted on attached Exhibit III;
(d) to dedicate at no cost the eight feet (8') West of the West right-
of-way line of McMullen-Booth Road, which will be that portion of the fifty
feet (50') immediately West of centerline of said Road per O. R. 5020, page
2127, less any portion already acquired by Pinellas County, for an easement
solely for sanitary sewers and solely in favor of the City of Clearwater
(non-transferrable); and
(e) to provide a temporary fifteen foot (15') construction easement
adjacent to such sewer easement to facilitate the installation of the force
sewer main in the eight foot (8') easement described in (d) above. The City
will not interfere with the growing citrus fruit trees or crops by utilization
of such temporary easement unless they compensate the Owner therefor.
6. The Owner agrees that the terms and provisions of this 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 all subsequent
owners of said described real property whether or not it is mentibned in
the Deed to said owners.
7. This Agreement shall constitute compliance in full by the Owner
of all requisite park and road right-of-way dedication requirements for
the subject property correspondent with the annexation requirements of
the City.
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o.R.52 30 PAGE 8 0 1
8. This Agreement shall be binding upon all parties hereto,
and their successors in interest, and shall supersede the Agreement recorded
in O. R. Book 4045, page 1999 of the Public Records of Pine11as County,
Florida; however, this Agreement shall be null and void if annexation and
zoning is not completed in accordance with Owner's application filed herewith.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first ab
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Witnesses:
By
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Secretary
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OWNER
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
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I HEREBY CERTIFY, that on this d.-.Jj. - day of
A. D. 1981, before me personally appeared Anthony L. Shoema , omas
A. Bustin, Lucille Williams and Charles F. LeCher, respecti e1y City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and
officers described in and who executed the foregoing Agreement and severally
acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly authorized, and that the official seal of said municipa
corporation is duly affixed thereto, and the said agreement is the act and deed
of said corporation.
,
WITNESS my signature and official seal at Clearwater in the
County of Pine11as and State of Florida the day and year 1as~ above written.
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Notary Public
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My Commission Expires:
~{,:~~ry Ptlblic, State of Flvrida
(cmmissiml Expires July 5, 1985
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STATE OF FLORIDA
{l.ft,523fJPAGE
802
COUNTY OF PINELLAS
Before me, the undersigned authority, this day personally appeared
(lI\o/l..J.,,S /!;IL(ro~t. and +I-.:lI......A~~.s. '-4~A.MC.L
to me well known and known to me to be the individuals described in and who
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executed the foregolng Agreement as 1 ....nt and Secretary, respectlvely,
of David Bilgore &: Company, Inc., a Florida corporation, and they severally
acknowledged to and before me that they executed said Agreement on behalf
of and in the name of said corporation as such officers; that the seal affixed
to said instruznent is the corporate seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly
authorized by said corporation to execute said instruznent and that said
instrument is the free act and deed of said corporation.
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'.. .. IN WIT~ESS WIjfREOF, I have hereunto set my hand and affixed my
offlclal seal thlS /~ day of 1/~~ ' A.D. 1981.
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., My Commission Expires:
NO.TAI!.Y fUBLlC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES FEB 11 1984
BONDFf) THRII r,FNFR AI I NC: 11"lnF~WR I TERS
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O.A, 5 23 OPAGE 803
EXHIBIT I
Lots 11&12, Block C, Dellwood Heights, as recorded in Plat Book lQ,
Page 15, of the Public Records of Pinellas County, Florida;
AND
Tract one of H.H. Baskins Replat as recorded in Plat Book 23, Page
59 of the Public Records of Pinellas County, Florida; less the
Seaboard Coast Line R.R. and less that portion lying within the
following described tract; begin at the N.E. corner of the NW~ of
Nw~ of Section 9-29-16 and go S 000 07' 00" W, along the east line
of said m~~ of m~~, l334.l8 feet to the S.E. corner of said m~~ of
NW~, thence go N 890 15' 55" W, along the south line of said NW~
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of NW~, 44.92 feet; thence go N 000 01' 14 E 1334.28 feet to a
point on the north line of said NW~ of NW~; thence go S 890 la'
41" E, along said north line 47.l5 feet to the P.O.B.
AND
The SW~ of the m~~ of Section 9, Township 29 South, Range l6 East:
Less the west 210'; Less the portion platted in Kapok Forest, as
recorded in Plat Book 47, Page 47, of the public records of Pinellas
County, Florida; less the portion platted as Harvard Arms Townhouses,
as recorded in Plat Book 8l, Page 58, of said public records; less
unplatted land lying between said Kapok Forest and said Harvard Arms
Townhouses; and less the Seaboard Coast Line Railroad.
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EXHIBIT II
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