SANITARY SEWER INSTALL (42)
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INST # 93-009624
JAN 13, 1993 10:55AM
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AGREEMENT
I PINELLAS COUNTY FLA
OFF.REC.BK 8148 PG 1465
(Sewer Onlyl
THIS AGREEMENT, made and entered into this /6 ~ay of Oct. , 1992- by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
R1l1!pTI R Hi 11 Fl'Y'
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:
The West 100 ft. of
Lot 13, Block 1, Virginia Groves Terr.
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AKA 1165 El Trinidad Dr. E.
Clearwater, Fl 34619
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and
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:
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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:
(al 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
e(!:h
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KARLEEN F. DEBLAKER,
RECORD VERIFIED BY:
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(2) place in escrlw a deed transferring title to land or a prJmisSOry note made payable
to the City of Clearwater, or both, as required, such deed and prornissory 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 WHEREJ, the parties hereto have caused this Agrelment to be executed the day
and year first above written.
PINELLAS COUNTY FLA.
OFF.REC.BK 8148 PG 1467
OWN ER
Witness as to Owner:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared ".f U J3E,A,! /I,. .# /L.?A' I'<!... and ~ Jl-79?CqA/ZI€; to
me well known and known to be the individuals described 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 /6r~ay of Oc -r: , 19 J::Z.
PERSONAllY KNOWN. ~ OR'
PRODUCED IOE:NT1F:CATION
TYPE OF IDENTIFIC,4.TION PRODUCED
o ry Public
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,.-;,~~'ft;:,< 'JAMES F. CANADA
f:t. "~: MY COMMiSSION fI CC 2OlI945
~" . · EXPIRES: Junet. 1998
"~~ii;, Bonded TlmI NotaIy Public UndllwltlQrs
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CITY OF CLEARWATER, FLORIDA
(See city signature page attached as page 4)
Approved as to fo
correctness:
By
Michael Wright
City Manager
Attest:
M. A. Galbraith, Jr.
City Attorney
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, Michae . ht, M. A. Galbraith,Jr., and Cynthia
E. Goudeau, to me well known and known to be the individua cribed in and who executed the
foregoing instrument as Mayor-Commissioner, City Manager, Attorney, and City Clerk,
respectively, of the above-named City and that the seal affixed to the e ing instrument is the City
seal of said City and said instrument is the free act and deed of said City.
WITNESS my hand and official seal this
day of
Notary Public
3
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i PINELLAS COUNTY FLA.
... ~~!" REC. BK 8148 PG 1468
Page 4 of agreement to annex between the city of Clearwater,
Florida and Ruben H. Hillar dated October 16, 1992.
CITY OF CLEARWATER, FLORIDA
Attest:
By:
Approved as to form and correctness:
~iJJ.I.~' .../.
M. A. Galbraith J.
city Attorney
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EXHIBIT A
~ PINELLAS COUNTY FLA
.. __~~u'~~~..~~.._~_148.. PG 1469
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
z oo.oCJ
Clearwater, Florida
Date:
Ocr: I", /f'1f:-
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
The West 100 ft. of
Lot 13, Block 1, Virginia Grove Terrace
AKA 1765 Fl Trinadad Dr. E.
Clearwater, Fl 34~19
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or ord~r, the
sum of $ Zoo.t!>o in the manner herein specified, the amount being
payable in lawful money of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida346l8) or at such other place as may hereafter be
designated. .
One payment of $ ZOO.OO shall be due at the time the
property is legally able to annex, more specifically to be paid prior
to the second ordinance reading effectuating the annexation of the
subject property. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, opeh
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full liability for the said 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, as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or ih the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
collectible without notice, and shall bear interest from the date of
such default until paid at the highest rate of interest allowable
under the laws of the State of Florida. Failure to exercise this
option shall not constitute a waiver of the right to exercise the same
in the event of any subsequent default.
Each person herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs,
including a reasonable attorney's fee, whether suit be brought or not,
if after ma turi ty this no_tice or .defa!llt hereunder, counsel shall be
employed to collect this note. -
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.OCT-15-1992 12:11
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FROM
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5443299 P.02
J PINELLAS COUNTY FLA.
,'. OFF. REC. BK 805" PG. 56.~_~i
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Parcel 1.0. No.:
INST t 92-296627
'.._ OCT 12, 19'1l2 3;03PM
OS/29/16/94320/oOl/i5i3Q-'....- . '.'_'0' .--., .--..
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ThiS instrument prepared by srId781U. '0:
I PItt'ER T. HOFSTRA .
.DeLoaCh ,. Hof&1l'8, P.A.
'8486 $eminole B~.
Semlnole, FI. 34&4a
Grantee S.s. No.:
Name: RUBEN H. HILLAR
Grantee S.S. No.:
Nllme:
Grantee $.$. No.:
Name:
7~'b~P7Y
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Deed Recording,
Deed Documentary $tamps /7!hf:lt?
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THIS WARRANTY DEED, made the . ~ day of ~~. 19A', hy and b.tw_n R.
e. WHE;eLeR,'A MAARlEO PERSON, herei'lafter called tne Grantor, to RUBEN H. HILI. FI . It. SINGLE ,PERSON,
whose ~ost office address Is 64 Glades Circle. Largo, FL 34641
hereinafter called the Grantee:
("hereye, used ho'ti" lhe lerm. "Granto,. and ~anIH. Inclll~e allth, parlt" 10 IhiS irlsl,y",enl 111<1 'h, "ti,.. l'lIal r'pr'"nl;\li"" and assign.
of indi.,lduals and the lucceUors Md anlgne 01 c:O'par.tlo....) !
" REC9,BDIl<<'
tEe IP ,,;() WITNESSETH: that the Grantor. for and In consideration of the sum of ren Oqllars ($10.00) and other good and
)R219 ~~b~.able considerations. receipt whereof is hfll'My IIr.knnwllld04'd. ~y bllf9airls, ..Ue..'ions: roml~co, rei....., QOl'lveya
)S ...i.n~ confirms unto the Grantee, all that eertau, land sitlJate In PINEI.LAS County, Florida, viz;
NT ... .
)/C The West 100 tesl 01 Lot 13 in Block 1 of VIRGINIA GR()W; -n:RRACE .eeorClln~ ~ the map or plQC
:ERT thereof as recorded in Plat Book 37, Page 29 of the Public Records of PIn~lIaa County, FlOrida.
I
THE PRoPERlY CONVEYED HEREIN IS VACANT I ANn A~O IS NOT ~WAND Io4AS NGVER ~wliN
THE HOMESTEAD OF THE GRANTOR HEREIN WHO RESIDES AT " .
with all the tenements, hereditaments and appurtenance. thereto belonging or In anywise
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TO HAVE AND TO HOLD, the same in fie simple forvver.
AND the Grantor hereby covenants with sald Granl8e that the Grantor Is; lawfultyj' seized of said land in fee simplei
that the Grantor has good right and lawful authority to sell and convey said Ian~i that ~h. Grantor hereby I\.IIIy warrants
tho titls to .aid land and will defend the HmO againltl the ktwruJ ~liAl"'li u, all ptQons ~omsoev.r; ana Chat saiQ line:! IS
free of all encumbrances, except tues accruing subsequenl 10 DeeembM 31,;'199~ i and ""ments and r&strictlons 01
~oro. ! i
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IN WITNESS WHEREOF the said Grantor has slg~ and sealed th~sepre;entG the day and year first above
wfitten. :
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i R. e. WHEELER' : :
I PrWltaddress:/'S~ /?l~ fd~.~
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Prlr1t address:
~ume"'taty 7ax Pd. $~_ _ I zj; ~'CJ
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$ .. - . - Ir.tar.glble Tax Pd.
Karieen F De Slaker, Clerk, Pinellas county
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5C00D016 JFS to-l2-92 14:51:49
01 OED- MILLAR
RECORDIN6 1 $10.jQ
DOC STAMPs DR-219 J $175.0u
, .
: TOTAL:
alECK Arfr. TEMlERED:
CHANGE:
--------....
$185.50
.185..50
$0.00
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lo(AnLEEN F ~ tlEI4LAKFR.. CLERK
RECORD VERIFIED BY: \Jff-- ...'
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. ~CT-15-1992 12:12
FROM
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5443299 P.03
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, PINELLAS COUNTY FLA..-.....
. OF'~. RF.C. ilK eOS7 PG 565.,1
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STAll: OF FlORIDA
COUN1Y OF PINELLAS :
TIle fo_lI9 InstrLmont was ICknow!odgod boIvre ... thlo e.y of ~ ~ 1982, by It E.
WHI!IUR Ill. , wh. IIIano .......aIIy ....... 10 ... or .... ... ",..U.'. - - . , j/'; __ J _ -< u
lder1tlflc4tlon and who did not take In oath. .
My Comniission Expires:
~..;rJ'1~ t"A~;Y5
(Name of otaly, prlntoa , r tt.mped)
Notary pubrlC
(Serial Number, W any)
,....., pC/. ol'l'tCfA1 NOTARY sue.
0' '" ~G: aAA' JANI COLLI_
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October 14, 1992
Mr. Robert A. Pensa, Director
pinellas County Building Department
315 Court street
Clearwater, Florida 34616
Re: sanitary Sewer service:
Parcel No. OS/29/16/94320/001/0130
The West 100 ft. of Lot 13, Block 1, virginia
Grove Terrace Subdivision
1765 El Trinidad Drive E., Clearwater, Florida
34619
Dear Mr. Pensa:
Please be advised that Ruben H. Hillar, owner of the above property, has
applied for sanitary sewer and/or water service from the city of
Clearwater.
The following fees have been paid:
$900.00 Sanitary Impact Fee - Receipt No. /< ~tB50
$935.90 Sanitary Assessment Fee - Receipt No. LIEN SIGNED
$150.00 Annex/Agreement Fee - Receipt No. 535b
$200.00 Recreation Facility Fee - Receipt No. PROMISSORY NOTE
The City of Clearwater will provide 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,
/
cecil M. Henderson{ Jr., P.E.
Assistant Director of Public Works
CMH/DDM
cc: Building Director
Infrastructure: G. smith
Public Works/Administration
DOAS: Lisa Kelly
city Clerk: Cynthia Goudeau
Planning Director
Public Works/Engineering
Parks Dept.: Terri Hughes
DOAS: Carol Greiner
Present Owner
I CITY Of CLEARWATER I
DISCLOSURE Of INTEREST STATEMENT -
Ruben H. Hillar
64 Glades Circle
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Re: Lot 13 Block 1
Virginia Groves Terrace
1765 El Trinidad Dr. E.
Clearwater, Fl 34619
PROPERTY OWNER(S):
Name:
Address:
Address:
Largo, Fl ~4h41
REPRESENTATIVE(S):
Name:
T. K. McKenzie Fuilders, Inc. Name:
'Ro~r HcK'ilIl'Zi~
Address: 5801 107th ~err.
Pinellas Park, Fl 34666
Address:
5801 lO7tb T~rr
PinpllAs PArK, ~l 34h6h
ANY OTIlER PERSONS IlA VING ANY OI.fNERSII [p INTEREST IN TilE SUBJECT PROPERTY:
Interest Is: Contingent
Absolute
Name:
Speclflc Interest Held:
INDICATION AS TO WIlETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY,
IF SO:
Contract Is: Contingent
All Parties To Contract:
Absolute
Name:
Name:
INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY,
IF SO:
All Parties To Option:
Name:
Name:
ItlDICATION AS TO HUETHER THERE ARE ANY MORTGAGES OR LIENS ON THE PROPERTY,
IF SO:
Mortgage Holder(s)
Lien Holder(s)
Name:
Barnett Bank of Pinel1as
P.O. Box 14133
St. Petersburg, Fl 33733
Name:
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