WATER ONLY - RAYMOND AND MARJORIA P. FAIRCLOTH
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.u.i.5597 PACE 296
AGREEMENT
(WATER ONLY)
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THIS AGREEMENT, m. ade and entered i~t? this -V,r day of
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~ ~ ~, A. D., 19 ~, by and between the CITY
OF CLEARWATER, FLORIDA, a mUnicipal corporation, hereinafter
referred to as UCity", and
RAYMOND FAIRCLOTH aridMARJORIAP. FAIRCLOTH, his wife
hereinafter referred to as 1I0wne:rll;
WITNESSETH:
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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 58, Highland Lake 2nd Addition, according to plat
thereof recorded in Plat Book 27 at Page 65, Public
Records of Pinellas County, Florida.
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WHEREAS, the Owner desires to connect to the City sewer and/ or
~ water main and is agreeable to signing an Agreement with the City for
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2: ...:l ~ . WHEREAS, the City is agreeable to furnishing said services upon
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f-< E-< O' ~ certain conditions and cons1derations,'
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:l NOW, THEREFORE, the parties hereto hereby covenant and agree
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as follows:
1. The City does hereby agree to provide sewer and/or w3:ter
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.
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O. _K. 5597 PAGE 297
The City shall not be liable for any damage resulting from any unavoidable
ces sation 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 proces sing.
(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 other'wise differenti-
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 successors and assigns, andtb,e City
shall record this docUInent.
(f) 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
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:o..K.5597 PAGE 298
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.
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By
Attest:
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:0. i. 5597 PAGE 299
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
Faircloth, his wife,
Raymond Faircloth and MarjoriaP.
, 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 State l~~t~,~ore-
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said this.l.L day of ,~~>., 19 8~. . ...... . .... '.
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Notary Public. ".'. .~
My commission expires:
Notary Public.Stlt.. of Florid.
14., rnm"liuilR ;."iNJ Jllly 5, 1983
.ondod ,Th!u Jroy foi~, Insurance, Inc.
STA TE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this ~day of
AU~1H::t:
19~, before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, Lucille Williams, and Kathleen 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 f;ree 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. ,
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WITNESS my signature and official seal at Clearwater in the'~oUIlt~ ('
of Pinellas and State of Florida, the
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day and year last above writt~~;,
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My commission expires: ~otary Pu~lic: ~!ill~ o( Florida at large
. y CommlsshJn Expires O-t ~I 1983
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FORM' 110<1 "WARRANTY DEED.(Statutory Form.) 82081 79 9
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~.J. 5597 PAGE 300
O.ft. 5 :3 S 8 PAGE · 2 ~ 3
TUTBLANX REG15'TERED U. S. PAT. OP'1"'ICE
TUTTLE LAW PRINT, PUBLISHERS, RUTLAND, VT05701
Whsr~ver used Mrein, th~ term "party" shall inclu..rk tM heir., personal.representatiw."
IIUfllltllflWr, Rtlft / or ""i(n. ol the I'rtNpt'I'''',J_ 'H,"'i~. IIt1r,fo; tit,. liNt' of 'h~ ,,,,,,d,,,' '~/"tI"~r
BluJ.,ll inclUAJ(! IAe plum, and Ihl! plllrflllhf! ,inlula,.; the ",e vf ""11 I~"drr ~J~r,ll ,."('/,,d,.
all Jtm,ders; (tnd, if ruMi, the. term" note" ,hall include all the noif.!}; here~n de.'fcnbed rf more
than one
Made this y~W day of May A. D. 1982
~bPt'n JOSEPH S. HARRIS, as Trustee under the terms and conditi n~
of that certain unrecorded trust agreement dated September 29, 1977,
and known as the J. S. Harris Revocable Living Trust
of the Coltntll of in the State of Missouri
party of the first part, and RAYMO~D FAIRCLOTH and MARJORIA P. FAIRCLOTH,
his wJ.fe
whose mailing address is 1142 Lakeview Avenue, Clearwater
of the County of Pinellas in the Statr- of Florida 33516
party of the second part,
.tbtr_l~ toot the said party of the first part, for and in consideration oj'
the sum of Ten and other good and valuable considerations - - Dollars,
to him in hand paid by the said party of the. second part, the receipt whereof is hereby
acknowledJed, has panted, barJained and sold to the said pa.rty of the second part
his heirs and assigns forever, the foUm.oing described land, situate lyinJ and being in
the County of Pinellas , Sta,te of
.F'lorida, to wit:
Lot 58, SECOND ADDITION TO HIGHLAND LAKE SUBDIVISION,
according to plat thereof as recorded in Plat Book 27,
Page 65, Public Records of Pinellas County, Florida.
This conveyance is subject to that certain mortgage in favor of
EUGENE M. GAFFNEY and MILDRED J. GAFFNEY, his wife, recorded in
o. R. 4835, pag 954, Public Records of Pinellas County, Florida,
with a principal balance of $ 6,626.39 , which the grantees
herein agree to assume and pay.
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$..;.;.;0:0;...;................ Intangible Tal( ra..
Karleen F De Bla~r, Clerk Pine lias County
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~~. Subject to easements and restrictions of record.
And the said party of the first part does hereby fully warrant the title to said land,
and will defend the same atainst the lawful claims of aU persons whomsoever.
Jft .tlara .""',IIf, the said party of the first2ar has hereunto set his
hand and seal the day and year first above 'tten. '1
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&tatt of J'tar.&az MISSOURI }Z 5 24 f'M "2
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" . J 1lrrrbg arn4ttu That on this day personally appeared before me, an
olft..cer duly au,thorized to administer oa.ths and take ackn()wledtme.nt~,
,;,:...;rOSEOO'S", HARRIS,' as Trustee under the terms and condJ. tJ.ons of that
':~/-aertaIn"unJ:e~Qt'ded trust agreeme~t dateQ. seltember 29, 1977, and
. ",<' ;\,,,,n,ow.n . as ene. U. s. Barr J. s Revoca Ie LJ. YJ.os:r. ru.p t . .
;JS."'t,ime 'i1JeJ,l kno.wn and known to me to e the mcUlJt uat descnbed ~n and who
, "\~eC"ttted.,.t'1w3 foretoinl deed, and he acknowled~ed before me that
.i':--- he('(:'.'e~ted the same freely and voluntarily for the purposes therein expressed.
/ iJ)" ::,1I4ui... my hand and official .'leal at " SAMI LAl.)GHUN
= ~ :' ~~1f4 oJ::~-W-! (l{U t . and State 0/ Jt~ thts NOTARY PUBLIC STATE OF MISS
:: ", rJ:ay i!f r~~ (\&L- May' , .1. D. 19 82 MISSOURI, 5T, LOUIS CO
~:;c!tf~';:mmi"ion &pir.. / . A / ,j , , mm.:_:,~,/~ ~1'~EXPlRfS JAN, 2
""" . Notary Public / I
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Commissioner Calderbank moved to accept the request, refer to the
proper departments, and to direct the City Clerk to advertise for public
hearing. Kotloa was duly seconded and carried unanimously.
ITEM 017 - Consent. Agenda - Accepted as submitted.
Agreement - Approved.
a. Agreement to Annex for Lot 58, Highland Lake 2nd Addition in Section
23-29-15; located on the south side of Valencia Street approximately
400 feet west of Lake Avenue (Faircloth) ATA-82-5-149.
Bids and Contracts - Approved.
b. LIFEPAK 5 Life Support Equipment, Physio-Control Corporation,
Atlanta, GA (sole source) $7,295 FOB Redmond, WA.
c. Russell Street Paving, Curbs and Drainage, Golden Triangle Asphalt
Paving Company, St. Petersburg $83,906.
d. Two Turner Model HD72 Flail Mowers, Revels Ford Tractor Company,
Plant City, ~~ - total delivered price: $10,263.78.
e. Youth Maritime Center Parkin~ Lot - Clearwater Beach, Carpat Paving
Company, Pinellas Park $36,397.60.
f. 1982 Tennis Courts Resurfacing Contract, Varsity Courts, Inc.,
Longwood, FL $7,590.
g. Front Loading Garbage Trucks - Five Kenworth L-700 Cab/Chassis
Equipped with Front PTO and Leach Packer Bodies; Kenworth of Tampa,
Inc., Tampa $429,300 less $26,000 for trade-ins, net total delivered
price $404,300.
h. Wang Comouter Expansion, Public Works Deoartment, Wang Laboratories,
Inc., Tampa $11,600.
i. Biological Decomposition of Cold Tar in the City's Gas Holding Tank,
Thomas H. Patton, Jr., Waste Water Engineers, Nashville, TN $13,921.
j. Microfiche Services - 6-30-82 to 9-30-82, NCR Corporation, Clearwater
estimated $3,500.
Change Order - Approved.
k. D's 3 and 4 - Moccasin Lake Park Environmental Interpretive Center,
F. J. Ward & ASSOCiates, Inc., Tarpon Springs +$271.50.
Citizen Request - Approved.
1. Alcoholic Bevera
1 9 Gulf-to-Bay
AB-82-20.
Restaurant - 2COP,
of Section 13-29-15 _
Plans and Plats - Approved with conditions.
m. Site Plan Revision for Tract 43 at Countryside in the S~ of Section
30-28-16; located on the west side of Enterprise Road approximately
750 feet north of Countryside Boulevard.
n. Site Plan for Clearwater Christian Colle e Student Union Buildin a
Portion of Government Lot 4 and a Portion of the NE of Section
16-29-16; located on the north side of the Courtney Campbell Causeway
fronting on the west side of Old Tampa Bay (Clearwater Christian
College) PSP-82-17.
11.
July 15, 1982
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82081tiS9
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D.R. 5 315 B PAGi · 2 ~ 3
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JJ'.lutrt!lltlr U-8ui /u4r~in, Ih" I~rm "parlv" .hnll i"rlud~ thfl h,.;,... ,'~rJtn"(Jl.rrpr,.u"tntiNt"
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all Jendull; und, if IUMi, tM term "Il()t~" .hall incl~ all till' nulrl( Jureln de~crLb,.d if ""ore
than OAt!
Made this v~tV day 01 May A. D. 1982
mtbnttn JOSEPH S. HARRIS, as Trustee under the terms and conditi n
of that certain unrecorded trust agreement dated September 29, 1977,
and known as the J. S. Harris Revocable Living Trust
of the COltntJl of in the Slate of Missouri
party of thejirstpart, and RAYMOND FAIRCLOTH and MARJORIA P. FAIRCLOTH,
his w1fe .
whose mailing address is 1142 Lakeview Avenue, Clearwater
of the County of Pinellas in the Sfaff'. of Florida 33516
party of the second part,
JltlntlUltt~ that the said party of the first part, for and in consideration of
the sum of Ten and other good and valuable considerations - - Dollars,
to him in hand paid by the said party of the. second part, the receipt whereof is hereby
acknowledged, has p-a,nted, barJained and sold to the said pnrty of the second part
his heirs and assigns forever, the follou'ing described land, situate lying and being in
the County of Pinellas , Sta,te of
.Florida, to wit:
Lot 58, SECOND ADDITION TO HIGHLAND LAKE SUBDIVISION,
according to plat thereof as recorded in Plat Book 27,
Page 65, Public Records of Pinellas County, Florida.
This conveyance is subject to that certain mortgage in favor of
EUGENE M. GAFFNEY and MILDRED J. GAFFNEY, his wife, recorded in
o. R. 4835, Pag 954, Public Records of Pinellas County, Florida,
with a principal balance of $ 6,626.39 , which the grantees
herein agree to assume and pay.
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01 C Documentary Tax rd. $.....~..~.~,,~
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n~~O-. $...;.:.:n:...~.'.'.-."'"'''..''' Intangible Tal( ra..
Karleen F De l3Ialpr, Clerk Pine lias County
D~ oS" 0 .' U'i~,.jj.~l.~~r:.t':-,;-;;. . . .. Deputy CI(;r~,
4'~; ~~ Subject to easements and restrictions of record.
And the said party of the first part does hereby tully warrant the title to said land,
and will defend the same adainst the lawful claims of all persons whomsoever.
In .tlntss _lJtrrllf. the said party of the first part has hereunto set his
hand and seal the day and year first Move 'tten. . 2
Sttgttt. 11. f;rslrll sl1b i.'.ltUl'rrb tll C:!!)ur Jrrllrlltl': .
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&tnlt nf .J'iurWaz MISSOURI JUH}Z 5 ~4 PH "1
OlOUlll!J of
".J llrrrbg Olrr1tfg That on this day personally appeared before me, an
olfl:cer duly authorized to administer oaths and take acknowled~ment8,
';"""JOSEPH' .S..HARRIS,' as Trustee under the terms and conditions of that
',:;,>.':-certain"ulll::e9Qrded trust: agreeme~t dateQ. se1ternber 29, 1977, and
",.I',\,x.n.QJ.f.n'as tne-a. s. Harr1s Revoca leL1Y1l)g. nl$t . .
~"~me 'ibe~l known ~nd known to me to e the wdtlJt ltat descnbed tn and who
--\~leCT:tte~,'.t7'M; foredmnd deed, and he. acknowledged before me that
.(:., he'~:'<~~6uted the sa.me freely and voluntanly for the purposes theretn expressed.
:' ~. ~:t.iimu my hand and offi cial seal at SAMI LAUGHLIN
_. ;. ~~n1Y oj .>:.)1- Loa 'f . and State of lftoridor. this NOTARY PUBLIC STATE OF MISS
:: . rt'ay';"'" f~ ('';J.:- M , .1. D. 19 82 MISSOURI 5T. LOUIS CO
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<"l ~"" :/,-, //. t Y COMMj;S '<?N EXPIRES JAN. 2
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". ~'ify Commission Expires'~ ' '( ~) ___~?:"ii7 J/.( .,h ( ~/ :s .. ,....,
...., .... Notary Public J / /
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.ME~110RAr\!Durvi TO:
The City Commission of the City
SUBJECT:
!Agenda i,o.
Meeting Date: . -
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ore I ear VJ G " G I
Agreement <:'0 Annex for Lot 58, Highland Lake 2nd Additio;;,
Sec. 23-29S-l5E (Faircloth) ATA 82-5-149.
RECOM MENDATION:
Ci ty Commis 5 i on app rove the Agreemen t to Anne x fo r Lo <:. 5 G, Hi ghland Lal:e
2nd Addition.
o And that the appropriate officials be authorized to execute some.
BACKGROUN 0:
The property is located on the south side of Valencia Street approximately
400 feet west of Lake Avenue. The site is vacant and contains .20 acres
M.O.L.
The Land Use Plan classification is Low Density Residential.
,construct a single family residence ~n the prop~rty.
;;.' :, '/.",*;>~. ''c~;:,'{~-i>: ,:.J:~';: ,', :~..,:'f~::.~c ":, +: ~~;." '':"<~'i'~ >,'::;:,,;
The applicant isreque-s'"d.ng Ci ty water's'ervice to the
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Plans are to
Commission Disposition:
Submitted by:
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FOllow-up Action: L:..-Id-,
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Costs: ~J/A
Funding Source:
o Capital Improve-
ment Budget
o Operating Budget
o Other
UJAttachments:
City Manager
Date:
Paper:
o Affected
Parties
Notified
of Meeting
Drawing
Agreement
(Water Only)
1:207 {)Y-'-/7:
Date a Sequential
Reference
.63 Not Required
sa Not Required
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Originating Department:
PLANNI:W
Appropriation Code
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