SEWER ONLY - ERNEST C. AND ERNEST R. CLINE
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INST :II: 98-170077
JUN 1, 1998 3: 14PM
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PINELLRS COUNTY FLR,
OFF,REC,BK 10114 PG 633
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AGREEMENT
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THIS AGREEMENT, made and entered into this ~ day of ft.Lt,f ,
19 tiS by and between the CITY OF CLEARWATER, a municipal corporation, Iitreinafter referred
to as "City," and Ernest C. Cline and Ernest R. Cline hereinafter referred to as "Owner";
f, .,~ ________
WITNESSETH:
WHEREAS, the Owner now owns the
~ ~municipal boundaries of the City of Clearwater:
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following described real property, located outside the
Lot 22, Kapok Forest Subdivision according to the map or plat thereof as recorded in Plat
Book 47, Page 47, Public Records of Pinellas County, Florida.
Also known ,1S:
1200 Kapok Kove Circle
Clearwater, Florida 33759
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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 se\ver main :It the Owner's expense.
2. The Owner agrees:
a) to pay the appropriate annex:ltion 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 municip:ll 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 ,md m,mner as prescrihed in Sections 116.40 through 116.51, Code of
Ordinances. In particuLlr, the owner shall either:
(1) pay the required recreation r-acilities fee if this is the only fee required at the time this
Agreement is submitted for processing, or
(2) place in escrow a deed transferring title to I:md or a promissory note made payable to the City
of Clearwater, or both as required, such deed and promissory note, copies of which arc attached hereto as
Exhibit A (if applicable) to be conveyed or p:lid 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
AbTtccment will constitute an application to ,mnex ;11: that time, and the City will have the right, upon sixty
(GO) days written notice to the property owner, to initiate action to annex the property to the City;
(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
and
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,- PINELLAS COUNTY FLA,
OFF,REC,BK 10114 PG 634
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 indiyidual ownership notwithstanding;
(g) that the terms and provisions of the Agreement shall be commitment and obligation which
shall not only bind the present O\vner 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 the 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 ;my 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, Cle;mv;ltcr, Florida, 34618--P.Hl and to the Owner at the post oHice 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 O\vner according to the property t,L'X rolls of Pinellas County, Florida.
5. This Agreement sh;lll be recorded in the public records of Pine lias 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:
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E"rnest R. Cline i
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared Ernest C. Cline and Ernest R. Cline. to me known to be
the individual(s) described in and who executed the foregoing instrument 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).
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day of
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Notary Public
Notary Name (print/type)
My Commission Expires:
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'~((((I(((II((((((I(_((I((((((((((I(I(({S_~
, ~..,:' Doris Oliveri >(
: Notary Public, State of Florida ~(
. ~I 'R CommissionNo.CC628397 )<
, "'>o"..Cl" My Commission Exp. 5/181200\ )~
'. _"d T1u01llh Fl.. """My SemClIl ot IIeadiaa c. >~
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I PINELLRS COUNTY FLR
-9FF ,REC ,8~~~~~~3~__
CITY OF CLEARWATER, FLORIDA
By J-
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Attest:
Michael J. H..oberto
City ~;famlger
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kv y thia E. Goudeau .
U City Clerk
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared J\Jichael J. Roberto, 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.
Notary Public
Not;lry Name (print/type)
My Commission Expires:
day of
JMf
, 19
1f
G"r~ Denise A. Wilson
f.,: \~ MV f,CMMlSSION /I CC538008 EXPIRES
. :. .:~i June lB. 2000
..~".. BONDfOlHRU 1IIOV FAIN INSURAHCE,lNC.
Leslie Douga -,' des
Assistant City f ttorney
S/Form -Annexationi\grecment 1410.0029
revised 04/25/97
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AGREEMENT TO ANNEX
PROPERTY DESCRIPTION
LOT 22, KAPOK FOREST SUBDMSION
ATA Jill-J12.-403
OWNER
APPIJCANT
ADDRESS
ERNEST C. and ERNEST R. CLINE
Section W
1200 KAPOK KOVE CIRCLE
CLEARWATER. FLORIDA
Township.2aS. Range.l6..E.
Parcel No. 09-29-16-45108-000-0220
Atlas Page 274A
Site Location
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PN10-01 CITY OF CLEARWATER ATTN: ENG
PARCEL ID 09-29-16-45108-000-0220 PAZIP
1200 KAPOK KOVE CIR 33759
OWNER'S NAME AND ADDRESS V P W
CLINE, ERNEST C.
CLINE, ERNEST R.
1200 KAPOK COVE CIR
CLEARWATER, FL 33759-3214
LOT SIZE ==> ISC
13,280 SQ FT
YEAR IMPROVEMENT
1997 60,400
SALE DATE AMOUNT
DEC. 1991 65,100
JUN. 1991 57,300
NOV. 1988 93,000
MKT YR BLDG LAND
97 60,400 31,800
MORTGAGE COMPANY
AMSOUTH BANK
SELLER'S NAME
COUNTY
83 X 160
LAND ASSESSMENT
31,800 92,200
BOOK PAGE DT Q T SALE
7774 1187 U N
7604 2349 U N
6882 766 Q N
TOT VALUE ===== LAND / PROPERTY USE ===== HOMESTD LP
92,200 01 210 SINGLE FAMILY HOME 0 N
AMOUNT DATE MTG TYPE RATE NUMBER
26,250 081597 2ND FIXED N/A 9000597182
GEN REVIEW DATE BLDG REVIEW DATE
11/06/1995 11/06/1995
ENTER=FWD Fl=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PN10 RECENT MORTGAGE PRESENT - F1=VIEW ISC
YRBLT/EFF FLRS TOT SQFT
1962 1967 2,364
G BLDGS == IMPROVEMENT
1 01 SINGLE FAMILY
LEGAL DESCRIPTION CENSUS
KAPOK FOREST 268.08
LOT 22 NBHD
010
$/SQFT AVR
27,53 0.70
== HEAT SQFT
2,318
PBOOK/PG
47 47
AS/FT YEAR TAXES PD D TX/FT
39.00 1997 2,044.89 N N 0.86
DATE AMOUNT BOOK PAGE DT Q