WATER ONLY - RODNEY J. BRADLEY
CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO: John D. Richter, Development Code Administrator
FROM: M. A. Galbraith, Jr., City Attorney
COPIES: William Baker, Public Works Director; Cynthia E. Goudeau, City Clerk
SUBJECT: Agreement to Annex 85-30-252 (Bradley)
DATE:
November 7, 1985
Grace Loyd brought my October 30 memorandum back to me in order
to give me a verbal explanation of the phrase "100 foot 1/2
right-of-way."
In an attempt to make paragraph 2(d) of the agreement more
understandable, please ask Mr. Bradley if he would agree to
modify the paragraph as follows:
1. Strike through "a 100 .foot 1/2 right-of-way" and
insert "the western half of the ultimate 200 foot
right-of-way".
2. After "McMullen Booth Road" insert:
"as determined by the Public Works Director of
the City, but not to exceed 70 feet,"
If Mr. Bradley agrees to these changes, please modify page 2
and ask Mr. Bradley to initial the changes.
This does not make the language as certain as I would like to
see it, but it gives the Public Works Director the flexibility
to decide where the boundary lines shall be, while protecting
the property owner from any potential abuse of discretion.
MAG:br
Atts.
I
CIT~ OF CLEARWATER
-Interdepartment Correspondence Sheet
TO:
FROM:
City Attorney M. A. Galbraith, Jr.
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John D. Richter, Development Code Administrato~~ \
COPIES: Cyndie Goudeau, City Clerk
SUBJECT: Agreement to Annex 85-30-252 (Bradley)
DATE:
November 22, 1985
At its meeting of October 17, 1985, the City Commission approved
the subject Agreement to Annex with a recommended amendment.
The agreement has been revised and initialed by the property
owner as you requested. The two original copies of the revised
agreement are attached for execution and recording.
JDR/GL/df
Attachment(s)
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A G R E E MEN T
WATER ONLY
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O.R.6:l35 PI'CE 1249
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Receipt #Ml1933~
THIS AGREEMENT, made and entered into thi s q4"\.day of ~~~
19~ by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City", and
Rodney J. Bradley
hereinafter referred to as "Owner";
WIT N E SSE T H
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:
Beginning at a point 528 feet South of the Northeast corner
of the Southwest 1/4 of the Southwest 1/4 and run thence
West 330 feet; thence South to the South line of the North-
east 1/4 of the Southwest 1/4 of the Southwest 1/4; thence
East to a point on the East line of the Southwest 1/4 of the
Southwest 1/4, thence North along said line to the point of
beginning; all in Section 33, Township 28 South Range 16
East, Pinellas County, Florida, Less the road right of way on
the East.
and
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 municipal
sewer and/or water services; and
WHEREAS, the City is agreeable to furnishing said services upon
certain conditions and considerations;'
NUW, THEKEFORE, the parties hereto hereby convenant and agree as
follows:
1. 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.
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O.R.6:1.35 PI'GE 1250
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.
2. In consideration of the covenants contained in Paragraph
one (1) immediately above on the part of the City, the Owner agrees:
(a) to pay the appropriate annexation fee when this
Agreement is submitted for processing;
(b) 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;
(c) that all recreation land, recreation facilities
and open space land dedication and/or fees will be due upon
annexation in an amount and manner as prescribed in Ordinance
Nos. 312S-83 and 3129-83. In particular, the owner shall either:
(1) pay the required recreation facilities fee
when this is the only fee required by Ordinance No.
3128-83 at the time this Agreement is submitted for
processing, or
(2) place in escrow such deed transferring title
to land and/or promissory note made payable to the City of
Clearwater as required by Ordinance Nos. 3218-83 and
3129-83, such deed and/or promissory note, copies of
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second
ordinance reading effectuating the annexation of the
subject the annexation of the subject property;
(d) if it has not already been dedicated to Pinellas
~ 67 feet of~
County, to dedicate that additionaljriyht-of-way required to make
the ~western half of the ultimate 200-foot ~
l/loo-fo'bIjX}I2C right-of-way for McMullen Booth Road prior to the
second reading of the ordinance effectuating the annexation of
the subject property.
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thJl at such time as it becomes possible for the
(e)
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 (6U) days. written notice to the property
owner, to initiate action to annex the property to the City;
(f) 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 Fire District
requirements as set forth in Chapter Three (3), Standard Building
Code, as duly adopted by the City of Clearwater;
(g) all property proposed to be subdivided or other-
wise differentiated 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;
(h) that the terms and provisions of this Agreement
shall be binding upon its successors and assigns, and the City
shall record this document;
(i) 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 mentioned in the Deed to said
owners; and
(j) 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.
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3. All notiJes to be furnished hereunder
O.R.6135 PI'GE 1252
,
shall be furnished
to the City of Clearwater, to the City Manager, P. O. ~ox 4748,
Clearwater, Florida 33518.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Ma
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Approved as to form and
correctness:
Attest:
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City Atto ey
Witnesses as to Owner:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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~~cr~be~ and sworn to before me th;~ day of
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My Commission Expires:
Notary Pub6c, State of Florida
My Commission Expires Aug. 24, 1989
ionded Thru Troy Fain Insurance, Inc.
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