SEWER AND OR WATER - CATALINA CRUZ P.R. FOR CATARINO CRUZ EST.
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2008250988 09/12/2008 at 03:27 PM
OFF REC BK: 16376 PG: 27-34
DocType:AGM RECORDING: $69.50
AGREEMENT A._T.l\ . 01 - 0 I - 4 t3 '"L
02 S'-l A
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THIS AGREEMENT, made and entered into this If day of ~~~ ,
20 ~ by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred
to as "City," and Catalina Cruz P.R. C/O for Catarino Cruz Est. 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:
~AJt.U:L I-D. III O,->-')...q- 'b~ ~814b- 00'-030(>
Lot 30, Block "A", Sunset Point Estates according to the map or plat thereof as recorded in
Plat Book 39, Page 67 of the Public Records of Pinellas County, Florida.
Also known as:
1946 Atlantis Drive
Clearwater, Florida 33763
and
WHEREAS, the Owner desires to connect to the City sewer main when it is available 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 required 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;
(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 sub parcels 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 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 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 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, 34618-4748 and to the Owner at the post offlce 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.
E~;U
C\\' I'tlt.\ t L. uRA..
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'Do NA \...b 1). ME- LO wfi
Catalina Cruz P.R.C 0
for Catarino Cruz Est.
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared Catalina Cruz P.R. C/O for Catarino Cruz Est., 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
ins ment is the free act and deed of said individual(s).
TNESS my hand and offIcial seal this I 1--fv\ day of Af tlJ L
, 2oD1 .
My Commission Expires
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CITY OF CLEARWATER, FLORIDA
By:
~~~.~'J4
William B. Horne, II
City Manager
Attest:
STATE OF FLORIDA)
COUNTY OF PINELLAS )
~ f.
ynthia E. Goudeau
. ty Clerk
WITNESS my hand and official seal this ~day of ~ ct, IV ~ 1- , 20 08
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Notary Public . -
Notary Name (print/type) ~~ ~r' y
My Commission Expires: \ ~ c;2. ~ \ ~
SANDRA HARRIGER
(Q MY COMMISSION # DD733691
EXPIRES: January 04,2012
FI NCJWY Di....... AaoC. Co.
l~ARY .
S/Form - Annexation Agreement 1410.0029
revised 04/25/97
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Certified to.Catarino Cruz, PHH Mortgage Services, Ray Peacock, Esquire,
Pioneer Title Insurance'Co., Chicago Title Insurance Co. and American
Pioneer Title Insurance Company.
Found Open End Pipe
Found Pinch Head Pipe
Right-of-Way
Plat
Measured
Flood Zone C., Community Panel 1125139
0126 C., Revised 6/1/83.
A BOUNDARY SURVEY OF
Lot 30, Block A, according to the Plat of
SUNSET POINT ESTATES
as record~d in Plat Book 39, Page 67
of the Public Records of Pinellas, Florida
~&;!;r R/"/ ,-/~E 0';:: ATIt-A,vrI's ;&1R/V.e
BASIS OF BEARING: so. 00 'ZZ'29.,I</. 1"6R ,qAT, A.</c,~E5' MeASURED FIELD BOOK 702 PAGE as
This Survey was prepared without the benefit of a title search and is subject to all easements,
Rights-of-way and other matters of record. Survey not valid unless embossed with the Surveyor's seal.
JOHN C BRENDLA lit ASSOCIATES. INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
15 ll2nd Avenue North
PineIlas PIIIk, FL34666 (813) 576-7546
Survey - March 20, 1996
F
Prepared By: RAY PEACOCK, P.A.
PIONEER TITLE, INC.
29247 US BWY 19 NO. CLEARWATER, FL 34621
incidental to the issuance of a title insurance pollcy.
File No.: 0449*96-03075
Parcel ID # 06/29/16/88146/001/0300
Qrantee(e) SS # 591-72-6786
INS'!' # 96-085::1l"1
MAR 29, 1996 5:51PM
PINELLAS COUNTY FLA.
OFF.REC.BK 9294 PG 27
WARRANTY DEED
( INDIVIDUAL)
This WARRANTY DEED, dated
by
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26
March
,
1996
DICK J. DONDELINGER, a single man
whose post office address 1s
300 SOUTH THOMPSON SIOUX FALLS, SD 57103
hereinafter called the GRANTOR, to
CATARINO CRUZ, a married man
whose post office address 1s
1946 ATLANTIS DRIVE, CLEARWATER, FL 34623
hereinafter called ths aRANTEE:
(Wherever used herein the terms "GRANrOR" and "GRANTEE" include all the parties to this lnstruBlBnt and the
heirs, legal representatives and assigns of incl1vlduals, and the successora and assigns of corporations.)
WITNESSETH: That the GRANTOR, for And in consideration of the sum of $10.00 and other valuable considerationa, receipt
whereof is hereby acknowled.ged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the
GRANTEll, all that certain land situate in PlNELLAS COlJllty, Florida, vi.:
Lot 30, Block A, SUNSET POINT ESTATES, according to the map or plat
~h~ as recorded in Plat Book 39, P... .7 of the Public Records of
~~ . ~ ~~uf1~ 1 r~ida.
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Note: SubJecti~rdp~tJ~s not the Constitutional Homestead of the Grantor herein.
SUBJECT TO covenante, conditione, reetrictions, reservations, limitations, eas_ts and agreements of record, if any;
taxes anel aSSGssments for the year 1996 and subsequent yearll; and to all applicable zoning ordinances and/or restrictions and
prohibitions imposed by governmental authorities, if any,
TOGETHER with all the tenemente, hareditaments and appurtenance. thereto belcnging or in anywise appertaining.
TO HAVE AND TO HOLD, the eame in tee simple forever.
AND THE GRANTOR hereby covenants with said GlWlTI!B that except as above noted, tbe GIUlNTOR ie lawfully seized of eaid
land in fee simple; that the GRAlfrOR has good right and lawful authority to sell and convey said land; that the GMJr.rOR hereby
fully warran;s the title to said land and will defend the same against the lawful claims of all parsons whomsoever.
IN WITNESS WHEREOF, GIU\NTOR has signed and sealed theee pre
SIGNED IN TIlE PRESENCE OF TIlE FOLLOWING WITNESSES:
Signature:
Print Name:
I
OND
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Signature:
Print Name:
State of South Dakota
County of~~~
I am a notary public of the state of South Dakota
TIlE FOREGOING INSTRUMENT wee acknaolledged before IE on
DICK J. DONDELINGER, a single man
, and my colllllission expires:
March ::U, , 1996 by
';;-/0 -,..2 0 Cd-, '.
~s oersonallv known t;-;;'or who has produced
AS identification and who
take an oath.
Notary Seal
(type of identification) J1
Signature: ~ Q. ~"'-:4~
Print Name: #'.JQ.Yl~f V). Wit CD ><-
Notsry Public
(JMi'did not)
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IN RE: The Estate of
IN THE CIRCUIT COURT FOR
PINELLAS COUNTY, FLORIDA
PROBATE DIVISION
File Number: tY(p- dO. 'is-OS- ES'
CATARINO CRUZ,
Division
00/
Deceased.
/
ORDER APPOINTING PERSONAL REPRESENTATIVE
On the petition of CATALINA CRUZ for administration of the
estate of CATARINO CRUZ, deceased, the court finding that the
decedent died on September 18, 2006, and that CATALINA CRUZ is
entitled to appointment as personal representative by reason of her
being the surviving spouse of the deced~nt, it is
ADJUDGED
that
CATALINA CRUZ
is
appointed personal
representative of the estate of the decedent, and that upon taking
the prescribed oath, filing d~signation of resident agent and
acceptance, and entering a bond in the sum of $ ~SI{)Ct!J
,
letters of administration shall be issued.
ORDERED on
, 2006.
Circuit Judge
Copies furnished to:
Eduardo R. Latour
TRUE COP~
ORiG!!\\,I.\! _ SiGNE=u
1
OCT 2 5 2006
1CJu1~~'
G~GEW.G~ER
CIRCUIT JUOGE ____