SEWER ONLY - ROGER WAYNE AND ZUNILDA BITLEY
--1 INST t 92-210452 I
JLY 21, 1992 5:10PM
AGREEMENT
PINELLAS COUNTY FLA.
~JFF.REC.BK 7975 PG 172
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(Sewer Only)
THIS AGREEMENT, made and entered into this fj'f'1^. day of ~c...1 , 19 92-by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
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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: ~ 'J. J '
joT It} 8~ck S; V/~"N'I" GROV6 1i(l..~I'IC~ -rJ"ll,d AcJl /li~JV/
f1cCO~"1 --To -the. Nil!, "t' pMt +b&,uorl AS R"c."'..,d IN
fJ",'f' &oK 37 I PJ'tjF;. 7'11 Pvhlic R&Go~s o~
11 RECORD1NGO'Nt 11115 CovNIV F fOR.il~,
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WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing
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:; ; ejermit the Owner to connect to its sewer main at the Owner's expense.
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c8n Agreement with the City for municipal sewer service; and
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WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and
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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
2. The Owner agrees:
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I- ~ Code of Ordinances of the City, until the property is annexed;
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(a) to pay the appropriate annexation fee when this Agreement is submitted for
(b) to pay normal sewer connection charges and monthly sewer service charges to the
(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
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Agreement is submitted for processing, or
KARLEEN F. DEBLAKER, CLERK
r~~C~~[~ VEIiIF]:ED BY:_cQB
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Arn 92-03
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PINELLAS COUNTY FLA.
OFF.REC.BK 7975 PG 173
(2) place in esJow a deed transferring title to land or a PI;-~isSOry-notemad-epayabTe-------
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 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 individual ownership notwithstanding;
(g) 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 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 and to the owner at the post office 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.
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IN WITNESS WHEREJF, the parties hereto have caused this Agrlment to be executed the day
PINELLAS COUNTY FLA.
OFF.REC.BK 7975 PO 174
and year first above written.
Witness as to Owner:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared ( . ~ ,and 2t.<jI}/ldlJ /lJ, /!)J'-fl.'f to
me well known and known to be the ind iduals escribed in and who executed the foregoing
instrument as President and Secretary, respectively, of the corporation named in the foregoing
instrument, and they severally acknowledged before me that they executed the same on behalf of and
in the name of said corporation for the purposes herein expressed; that the seal affixed to said
instrument is the corporate seal of said corporation; and that said instrument is the free act and deed
of said corporation.
.."."" WITNESS my hand and official seal this l.!lti..day of /r;~, 19 ~
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, . C': "',i <".i. , NOTARY PUBLIC. STATE OF FLORIDA'.
IVl}l,,~$VJ'ln')~slon Expires: MY COMMISSION EXPIRES: JULY 28. 1992.
~ BONDED THRU NOTARY PUBLIC UNDERWRITERS.
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By
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Approved as to form and
correctness:
Attest:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, Michael Wright, M. A. Galbraith,Jr., and Cynthia
E. Goudeau, to me well known and known to be th€l."i.r::\Q~vj,c;tvals described in and who executed the
foregoing instrument as Mayor-Commissioner,,~Cn~(JVIanag~r, City Attorney, and City Clerk,
respectively, of the above-named City and that ~e.,~s~~~60.itoth,e foregoing instrument is the City
seal of said City and said instrument is the freittct:~n~deed ofsaiCt City.
WITNk ~a;;;;;;;: seal t~~s~!~{ daY~~ 19 ?72.
My Commission Expires:
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Notary Public, State ol.F1on'd
My C " a
ommlssmn Expires April 20 19:93
Bonded Thru tro>, Fain. J '
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3. ..]! :~ ;"'~ANTVOEED CE1Tun 1 I II L.oc. "'NO ",go;> I ,,"'... I, .."...,
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? This Warranty Deed ~\lade the 28th
l;.,~J.i11
dC/y of
JuJe,
A. D, 19 91
by
Charles E. Newland and Carolyn J. Newland, his wife
PINELLAS COUNTY FLA.
OFF.REC.BK 7611 PG 409
hereinafter called the RranfOr, to
Roger Wayne Bitley and Zunilda M. Bitley, his wife
.....hose post office address tS 1765 Lucas Drive, Clearwater, Florida 34619
herelnC/ (Ier called the Rrafltee:
IWh~rc\,'r lI'l'J hcrCll1lh,'lcrn,. "~ranlOr" ill1d "I!ranlee" include alllhe parties 10 Ihi~ in~lrumenl and
ihe helr< Ie~al r~pr,"en'ati\c' :lI1d J"iLln~ oi indi\iduals and Ihe ~ucce~~or~ and a5sign~ or corporalion~,l
Witnesseth: TirOl the ~~rantor for and in consideralion of Ihe sum of $/0.00 and other valllable
('omiderC/t/ons. receipt ",hereo" is herehy acknowledRed. hereby Rrants. barRains. sells, aliens, remises. releases,
con lien cJnd confirms /Into the .f!rantee all that certain land situate in pinellas
COllnIY. Florida, I'i:::
Lot 16, Block 5, Virginia Grove Terrace Third Addition, according to the
map or plat thereof, as recorded in Plat Book 37, page 74, Public Recorda
~ of pinellas County, Florida.
Parcel #05/29/16/94374/005/0160
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RECORDING
DOC STANPS
07-01-91
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$498.00
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CHECK AMT. TENDERED:
CHANGE:
$504.00
$504.00
$0.00
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T l? gether with all the tenements. hereditaments and appurtenances thereto belon~in~ or in anywise
appertammg.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said ~rantee that the grantor is lawfully seized of said land in fee
simple: that the grantor has good right and lawful authority to sell and convey said land: that the grantor hereby
fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;
and that said land' is free of all encumbrances. except taxes accruing subsequent to December J J. /990 and
easements and restrictions of record. RETURN '1'0:/ Thl. Inslromont was prepared by:
V CENTURY TITLE AND ABSTRACT, INC.
Martha S. Weaver
BY:
In Witness Jf"hereof,
first above wrilfen.
325 Eelchl3t Road N.
Clearwater, FL, 34f25
whJch Instrument wa~ prppared incld,'ntal
to the writing 01 a Tille Insuran;e Pollcr,
the said RrC/n/Or has siRned and sealed these presents the day and year
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STATE OF Florida
COUNTY OF pinellas
I HEREBY CERTIFY Ihal on lhi~ day. before me. an orricer duly authorized in Ihe Slale arore'aid and in Ihe County afon:,aid \(l
lake ad nowledgemenl~. per<onally appeared
Charles E. Newland and Carolyn J. Newland, his wife
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KABLE EN F. DEItLAKER,,..-CLEBK
RECORD VERIFIED BY: ~
adnowledg.:d hcforc m~
10 me \..nown to he Ihe per,on ~de~cribed in and \\Ih('\ e'le~uled Ihe foregoin~ in'trllmenl and
I hat t hpy e'lccUled the 'ame.
WITNLSS my hand and lllTidal ,eal in the COllnty and State la~t afore"aid Ihi~
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A SURVEY OF LOT ICD VIRGINIA GRO\~E TER'R.ACE T~IRD ADDITior~
AS RECORDED IN PLAT BOOK :>1 PAGE "1 q OF THE PUBLIC RECORDS OF
P'N~LLAS COUNTY, FLORIDA
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C I T Y
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 3 4 6 1 B - 4 7 4 B
March 18, 1992
Mr. Robert Pensa, Director ,
Pinellas County Building Department
315 Court street
Clearwater, Florida 34616
Re: sanitary Sewer Service:
Lot 16, Block 5 virginia Grove Terrace 3rd Addition
1765 Lucas Drive, Clearwater, Florida 34619
Dear Mr. Pensa:
Please be advised that Roger w. and zunilda M. Bitley, owners
of the above property has applied for sanitary sewer and/or
water service from the city of Clearwater. '
The following fees have been paid:
S 900.00 Sanitary Impact Fee - Receipt No. A - ,5'];,0 'J
S 1.136.45 Sanitary Assessment Fee - Receipt No. -\\ 2 '57 2- q 'I
S 150.00 Annex/Agreement Fee - Receipt No. ~7.3>98
S 200.00 Recreation Facility Fee - Receipt No. IZ.- '5~Oq
.
The city of Clearwater will prov~de sanitary sewer service to
aforesaid property and applicable impact fees have been paid.
The city of Clearwater utilities Division will collect the
applicable water meter fee and/or utility deposit fees when
applied for by the applicant.
Very truly yours,
~~&C P.E.
Assistant Director of Public Works
CMH/DDM
cc: ~Building Director
Planning Director~
Infrastructure: G. smith
Public Works/Engineering
Public Works/Administration
Parks Dept.: Terri Hughes
I DOAS: Carol Greiner ~
. ~ Present Owner .,."
/J T1J 92-03
"Equal Employment and Affirmative Action Employer"
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