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WATER ONLY - EVAN AND EDNA AKERS FROM: I C I ".- Y 10 F C L i..: I. ~, Vi ATE R Intordepartment Cc rrespondence Sheet Thomas A. Bustin, City Attorney yI! r ~. JDaVid P. Healey, Planning Director . ~:"-', Lucille Williams, City Clerk '~ !: -- ..,... .-4 TO: COPIES: SUBJECT: Agreement to Annex-ATA 142 (Akers) and AlA (Faircloth) 82-5-149 DATE: August 15, 1983 Two copies of the subject Agreements to Annex with original signatures are attached for execution. Since these agreements were both approved over a year ago but due to an oversight have never been executed, a copy of the City Commission minutes indicating approval are attached. DPH/GL/js Attachments ~~ RECE:1VED';:;:C"!';~ AUG 18 1'183 CITy CL€RJ( ~Ol- (X)~- 05 (rf)) y-~ 1-.... , ~. -, ~<-' I I ~~Y-- ;\ T A (,I. I <4 L (\'\- (,,1o~,\ -- · 01 Cash ll~ 40 Rac~ 41 OS - ._-~ at! A G R E E MEN T 43 ~~I ~(OJ) (WATER ONLY) .,.J.- TC~~::EMENT.mad. and .nt.g~ this 7'v day of - - U,. . - ... -, A. D., 19_, by and between the CITY ?, ." ~: ro' ~"; l: '';; ~ ,'~ l""O rr.; i; ,r N) Clj .~ I< rl :... . .-' ,,";) ~ ;..,~ ci:1 ~ P. .p <:Q l. ~) :,:1 . '~'..- 0 ,,",' P. ."0 ~'3 ?~. ;:~~ .~ ~- :'.~! ~ ~ (' ...... ~ ;~-'~ ~ .: ;;;:~:~3 c.: ;.., "" N . ,.;j ~. ~<,Q)~ f..; ,~. ~ ....;; r-' Ii' e",") ''....) -. ~.~ '....,~ ~~ CD .~ ~ 0 OJ rr" ~ :>. ;.s"u~ H~U, ffi ~; ~ ~ t.~ v " ~ ~ UJ -::, -' "~ ~.:> .~, cc .-4 tQ ~ cQ , co' -~o:r~ O~r-~ i-'~o:r~ Z...::l >< a ~OO~. :J\>oICQE-' t1~d< .Q~~ . ~ < d .~ CC~ 83173_9~_4 . --~.._- -, :o;.i.5597 PAGE 291 OF CLEARWATER, FLORIDA, a mUnicipal corporation, hereinafter referred to as "City", and EVAN AKERS and EDNA -AKERS,-his- wife- 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 but within the City of Clearwater service area: Lot 26 through Lot 32 inclusive, FLORlDEL SUBDIVISION, as per plat thereof recorded in Plat Book 15, Page 7, public records of Pinellas County, Florida. ...... ~ ::> ::) o t:. ::> (,.) .l.': r-m. ~ .. . x: ~ \;D o - - and c......a WHEREAS, the Owner desires to connect to the City sewer and/or u.,.; tU .:,., water main and is agreeable to signing an Agreement with the City for municipal sewer and/or water services; and WHEREAS, the City is agreeable to furnishing said services upon certain conditions and conslderations; NOW, THEREFORE, the parties hereto hereby covenant and agree as follows: I. The City does hereby agree to provide sewer and/or water services, subject to the terms of this Agreement, and to permit the Owner to connect to its sanitary sewer and/or water main at the Owner's expense. -I. ~,\~.' '7 ;V, i . n . r".;" t/Y/..;t:::l/\'-j C ) , ,- I . l .. ,", J...' .1' ... . ..7 i .. . ,.~L-(.". ( ):..LUl~_, / i /...' i Cd -~ I ~. I '--r' ., /' ~ - I,,' ," ../. . c.fi I', ../ . . J.~ l .... \ (J/ -OC0'w (/0) .. ..... '.;,,, - -',,-'" - "i:, I I ~o. .R. 5597 PACE 292 The City shall not be liable for any damage resulting from any unavoidable ces s ati on of service caused by Act of God, necessary maintenance work, or any cause beyond the control of the City. 2. In consideration of the covenants contained in Paragraph 1, im- mediately above, on the part of the City, the Owner agrees: (a) to pay normal sewer and/or water connection charges and monthly sewer service and/or water charges to the City on the same basis as sewer service and/or water users outside the municipal boundaries are charged, as set out in the Code of Ordinances of the City of Clearwater, Florida, 1962; (b) 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, Applicable fees for annexation request shall be due and pay- able upon receipt of this Agreement for processing. (c) The Owner agrees that it is to the mutual benefit of the Owner and the City, in recognition of the eventual incorporation of the property with- in 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. (d) All property proposed to be subdivided or otherwise difierenti- ated from the original parcel described in this Agreement shall be treated as a single parcel for the purposes of the subsequent annexation procedure, individual ownership notwithstanding. (e) The Owner agrees that the terms and provisions of this Agreement shall be binding upon its s,uccessors and assigns, and the City shall record this document. (f) The Owner agrees that the terms and provisions of this Agreement shall be a cormnitment and obligation which shall not only bind the present owner of said described real property, but shall be a covenant -2- ... . '- -/""f'o.,," h......~ I I .0. i. 5597 PAGE 293 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. (g) If the Owner or its successors, or assigns, or any subsequent 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, its successors and assigns, covenant and agree to pay all costs of such proceedings including the payment of a reasonable attorney's fee in connection therewith. 3. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City Manager, P. O. Box 4748, Clearwater, Florida, 33518. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Witnesses as to Owner: ~: ByH """,,",' A",,' ttest: ".,;, ,/ '{,"\ ," ___.VJ ",,',,-')' ,"'::i~,f;./;\'H"<, .(fik~fi~'. City Clerk OWNER: BY~~~ -"~a~'~~~~---' .,.... -3- f:.J'- "._ .' :..'!' . -" I I :0..iI5597 PAGE 294 STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknow- ledgements, personally appeared "-..... -EVah~Ake:rsand .Edna Akers, hi s wife , to me known to be the persons described in and who executed the foregoing Agreement and acknowledged before me that they executed the same. . , . WITNESS my hand and official seal in the County and Sta~\\~~S:?~~~o- Saidthis/~dayof h~' . .'-, 198~. '1(/';>;~".H:'!.''?'>'''''0_~ ,~--~ '-. ~ ;.~ '- . ~ ~" My comxnis~ion expires: ~.~"/:;?t1"" STA TE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this 22nd day of -. 'i\iigustH 1983, before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin, Lucille Williams, and . Kat:hleen F.. Kelly , respectively 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 municipal 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 Pinellas and State of Florida, the day and year last above writt:e*~,:':;;:;". \. ~ -.. My commission expires: () C' ..M.../;.'i(O I "7,. ~~ ?~ .~:4-:S)..~'-'- ~//~: ~ Notary PubliC;: l~j : _{ \j . c. I' r&' : --;,.}.... 1;"J C ,"otary Public, State of Florida at large ~}-,;- .... .t., - .!/I~.. 'My (ommi5si0n E:~~iies Oct. 31, 1983 ,-.:-, flonded By Amallcan tire &. Casualty Company. ~- :" l . . .4. L:~yy,':s~'1111e Ins1J.inP(e (SHI_,Oinliul1 Sl15l!:d:J3 ;H'IS '\~t.,RRANTY DEED, Made this _ ?l~~--' day o~ _.__5_~Q!.e~~~!,-----_ A. D. 191?J . THOMAS J. DIXON AND BETTY S. DIXON bet',.,een _ __ _ -- ---- - ---- - -- - -------- ----------- ------- - - -~--- --- - ------- --.- --- _._ _ _ _ _ _ _ .P__ _ __ . __ _. _bJ?_ _~jf_e_ __ __________ ----- ------------------------------------ of the County of ____Ptn_~JJ.a.~____ in the State of ___fJ.Q~i9~_________ hereinafter called the Grantor, and ______________________n__n_n_n____n______n__n__n__ EVAN F. AKERS -------.------------------------------------------------------------------------- O.R. 52 5 2 FAGE 1 5 3 5 , I _ ro-,,, -- ,o.i.5597 PAGE 295 --------------------------------------------------- whose mailing address is: ___J_~~J__~~_13_~Uy__~9_!l~______n_______n______________ ______ __ _______.._________q~.a}::~~.te_~LfJ.Qrj.9_'L___________ Zip _~)_~l~_____ hereinafter called the Grantee, WIT!':ESSETH, That the Grantor, for and in consideration of the sum of ten dollars ($10.00) and other valuable considerations the receipt whereof is llereby acknowledged, has granted, bargained, and sold unto the Grantee, and Grantee's heirs or successors, and assigns forever, all that certain parcel of land in the County of Pinellas and State of Florida, to wit: ,/ Lots 26 through 32 inclusive, FLORADEL SUB-DIVISION, according to plat thereof recorded in Plat Book 15, page 7, Public Records of Pine11as County, Florida. ~, C' ~:~ /_- :..__:-~ -~- . ~; i ,';; Subject to mortgage from Thomas J. Dixon and Betty S. Dixon, husband and wife, to Floyd Dewayne Maddox and Terry Sue Maddox, husband and wife, dated April 30, 1981 recorded in Official Record Book 5185, page 860, as re- recorded in Official Record Book 5251, page 18, Public Records of Pine11as County, Florida, which grantors agree to pay. .-1 C1 " (,.' ~ ry ct C,) u: c ,:;, ..-' t..., i.,. ;".:1 --.::l ,~~.~ ::..2'" 'JJ ..-i n:;; . 0' .J U.l % ~ J,.. ~ g ~ u ~ ~ lS ~ j~ co ~ a..: tLJ cr.J co .. - ::L c- \.D In ~ SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD And the Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, except taxes for year -- J9~J_ n -- - and subsequent. ("Grantor" and "Grantee" are used herein for singular or plural, th singular shall Include the plural. and any gender shall Include all genders, as conte uires.l Signed, Sealed and Delivered III Our Presence: IWIt.) Cj~~-.e._-~~-.J.----- tlf, '--~ -:' i. f WIt I ':-=-.:"~ :::::.....::~.~-::__j_:.___.h ~ :::.:.-__=_=_ __ h ___ ,WIt I __ ~~_~~__?~-=-:1_L---- , ~~ .- (Wit. )'~"'-"~~O-_-:-:c_c:.'~L_.J:~~C=~__i;.'_~_:::=::_ ----- I. (Seal) J2~- -;i~Ff?i{x~{i;~=~--~~--~~ (Seal) (Seal) (Seal) Stale of FlOrida County of Pmellas I HEREBY CERTIFY, That on thIS ________2~t.!Lh day of h____~ep.tJ~JDt?.er_h__, A. D, 19__?J____ before me. an offIcer duly authOrized in the State and County aforesaid to take acknowledgements, personally appeared --- -. THOMAs-;r.--u nUN - ANU-BETT)'-S-.--DTxnN~----h---h-n----------- - --------------------,-------------------------------------------------- ----------- ____________________~_wjJJ:____________________________----------------------------- to me known to be the person described in and who executed the foregoing conveyance and acknuwledged before me that he executed the same. ,,";((IF.'/ 1\ -\\" .... --. WIT'\ES-..S My sIgnature and official se'ttrobe 'CoUnty' and State last aforesaId ~. ~- ...... -". '- '00-_ " C..'" , t. ri... -: :,-..- (:l~;" ~(....._:-;\.'~'....,,~-~~- j. ,_' ~h_ : \.. ~ ....: ~ ~ - .l~~ /"7- --4-. - . ~- - ~~- ~-.-.::.~:--:.---:---;--"' Notary Public - l-- . .-,... \.- . -;. (r~ -. ~..... ~. . ... ...:. ..",,:,,:,> .. .. This instrument was prepared by: . . 1~;'. -~ . - -".' -, ., '1 . ,-... ' ~/)' ,. . , ! ~ - t'- ~ c: r~ IAHix Sumps Here) :....~ ~--__.po-r(J~hl. n ~__C!,_u~_______ - ..:~, v. ~:~~::~ ..;:-;:'~i~ ::-r- I My CommissIOn Expires: N;:;.t.;r'; F"l~;c S:;.~e 0: F:.:'ii~~a ~t l.aiQe 1/;l (Q:..;.,-.i~.:;~r! L;,;.;i~~ J:Jr.~ 5. 1982 l: ,j;,:: "',' ~r,~~' - . ~ C_~_~:,~1 -=- '-,..~ny} -" .. - . '=:. ." .. .."" .,....... -' ...._...-: J.' L ll;'. -, - ,.. t. (Affix N'otiry Seal) .~ - '.', ;:,-'!:iv L26';'~""'l J..)" . - ~. :-_:.....~ ~~. -.~.t._ - .,':~.~' = 2 .::. ',-" I I The recommendation is to approve the preliminar)' site plan subject to conditions that would request the applicant to resolve the outstanding conflict over the seven parking spaces by: 1) amendment of the U.S. Home bUilding site plan and a corresponding variance to eliminate the seven spaces or 2) to provide seven additional spaces on the applicant's property with easement to the U.S. Home building for use thereof. Tim Johnson, attorney representing the applicant, stated their preliminary site plan meets all of the requirements and the City should pursue enforcement of the parking code violation against 0.5. Home. Commissioner Kelly moved to continue this item until the parking problem with the U.S. Home building is resolved. Commissioner Calderbank seconded the motion. The Planning Director stated that consideration of parking is a part of site plan review and that the applicant has only contracted to purchase the property. Commissioner Calderbank withdrew his second and Commissioner Garvey seconded the motion. Upon the vote being taken, Commissioners Garvey, Hatchett, Kelly and the Mayor voted "aye"; Co~ssioner Calderbank voted "nay." Hotiac carried. ITEM D1~ c. - Extension of Time Limit Condition for Aporoval of the ?reliminar Site Plan of Marinos Condominium Aoartments Lots 1 2 3 ~ and 5 less the east 60 feet and all of Lot 15, Block ~, Revised Map of Clearwater Beach (Marinos Development Corporation) PSP-80-S. The property is located between Idlewild and Glendale Streets fronting on the Gulf of Mexico. It is currently under construction for a six-story building with ground-level parking and 18 units. The rezoning of mid- Clearwater Beach was under consideration at the time the site plan for this property was introduced and major portions of the mid-Beach were rezoned frOm RM-28 to RM-20. A condition of approval of the site plan was the issuance of the initial bUilding permit within six months from approval date and the total project to be completed within two years. Building permits were drawn in December, 1980, and extended periOdically to October 13, 1981, and are still valid. The site plan, approved in February 1980, became non-conforming as to height and density under the RM-20 district which was approved in April 1980. Slides of the project were presented and construction is not SUbstantially underway. Thomas G. Hersem, representing the developer, reported a change of ownership in June of 1981, and claimed no prior knowledge of the completion date. It will be impossible for them to meet the February 1982 date. Three citizens spoke in opposition to the project, being opposed to the height and denSity and reCommending adherence to the time frame for completion. Commissioner Kelly moved to deny the request for extension of the completion date of the Marinos Condominium Apartments. Motion was duly seconded. The applicant's attorney stated they would be unable to complete the project by Febru~~ as there had been a hotel on the site and tenants in the building when they purchased it. They were only able to start demolition and new construction in September. Upon the vote being taken, motion carried unanimously. ITEM 115 - Consent A~enda. Agreements - Approved. a. A reement to Annex - Lots 26 throu h 32 Floradel Subdivision loc~ed on the north side of State Street west of Betty Lane in Section 3-29-15 (Akers)(Water) ATA-1~2. 6. November 5, 1981 ----- .... - - -----. - ----. -.--- - - - _7~' ___ _~._. "--.- -- ----.--...-- -, ,- ; :." r. - , ; ,I 1 '