ANNEXATION AND PARKLAND DEDICATION (06)
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and entered into this /7-
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THIS AGREE!-ENT,
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made
, A. D., 19 tb", by and between the CITY OF CLEAR\~ATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and
Robert S..and Helen W. Penfold
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hereinafter referred to as "Owner";
WI T NE SSE T H :
O.R. 6080 PAGE 1843
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:
Gommen~e at the southwest corner of the southeast-1/4 of the southeast ~/4 of Section 36,
TownshlP 28 South, Range 15 East; thence nm N. 000 21"' ll" W., a distance of 459.46 feet;
thencg nm N. 890 56' 19" E., a distance of 30.00 feet to the point of beginning; thence
N. 00 21' 11" W., a distance of 269.54 feet; thence N. 890 56' 19" E a distance of
410.00 feet; thence S. 000 21' 11" E., a distance of 135.00 feet; the~~e S. 890 56' 19" W.,
a distance of 40.00 feet; thence S. 000 21'-11" E., a distance of 134.54 feet; thence
S. 890 56' 19" W., a distance of 370.00 feet to the point of beginning.
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vffiEREAS, the ~~er desires to connest to the ci~y sewer line
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and ~s ~ ..ca
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\-lliEREAS, the Ci ty is agreeable to furnishing said serVlces upon .~ ~;$5~
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NOW, THEREFORE, the parties hereto hereby convenant and agree as
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agreeable to signing an Agreement with the City for mu~icipal sewer
services;
and
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certain conditions
and considerations;
follows:
I. The City does hereby agree to provide sewer servlces, subject to
the terms of this Agreement, and to permit the Owner to connect to its
sani tary sewer at the Owner I s expense. 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 I
inunediately above on the part of the City, the Owner agrees:
(a) to pay the appropriate annexation fee when this Agreement 15
submitted for processingi
(b) to pay normal sewer connection charges and monthly sewer
service charges to the City on the same basis as sewer servlce users
outside the municipal boundaries are charged, as set out in the Code of
Ordinances of the City of Clearwater, Floridai
(e) that all-recreation land, recreation facilities and open
space land dedication and/or f~es as prescribed in Ordinance Nos. 3128-83
11 CHfand 3l2~-83.
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46 Pos
Total J3.00G
In particular, the owner
C e '/ ~./:...&a-."'~:.. "/;'0J~'. 'I. '. (.' ,.t;./ C&-)J~,(.I)
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shall ei ther:
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RE'!'URN-TO:
CITY CLERK
p. O. BOX 4748
CLEARWATER, FLA. 33518-47411
(1) pay4ltne total
$5,667.18
ifunjunction wi th the e>:<?c1O-
O.R. 6080 PAGE 18:14
tion of this agreement, or
(2) pay the fee on. a pro-rated per lot schedule of $629.69
for each of the
n1ne
( 9) lots prior to the issuance of any
letter regarding sewer service and the total fee to have been
paid prior to _ aI)Ilexation or AU~st_l,. 1987, whiche~~r~cCurs first.
(d) that at such time as it becomes possible for the City to
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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 I
written notice to the property owner, to initiate action to annex the
property to the City;
(e) that it 1S to the mutual benefit of the Owner and the City,_
ln recognit~on of the eventual incorporation of the property within the
City, to have site and buildi~g 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 all City subdivision
requireUaents as noted in City code includi~g QDdergound utilities and with
the Fire District requirements as set forth in Chapter Three (3), standard
Building Code, as duly aClopted by the City of Clearwater;
(f) all property proposed to be subdivided or otherwise
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;
(g) that the terms and provisions of this Agreement shall be
binding-upon its successors and assigns, and the City shall record this
document;
(h) that the terms and provisions of this ~greement 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
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(i) if the o....r or i ts s ucce s sor s, or's i 9 n s ,O.~:O!~PA~~~~~~
quent owner, shall default in the performance of the terms and provisions
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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.
CITY OF CLEARWATER, FLORIDA
Approved as to form and
correctness:
Attest:
obert S. Pen 01
=\.\.~ ~.J. Q~~
H;len ~W .-Penfold -
counterswn~d:
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By
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City Attorney'
witnesses as to Owner:
By
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Subscribed
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and
sworn to before methiS--' ,q
19~
day -of--
My commission Expires:
~b~a!'l ?nl-,;ic ~::":e d f-brida
11, t?89
~Ck. V.~
Notary
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