SEWER ONLY - STEPHAN H. KLEIN AND DEBORAH A. HELBER
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INST # 94-024077
~_~!\N ~~~.~ 9_~,! 5 : 02 PM
THIS AGREEMENT, made and entered into this .Ja. day of
AGREEMENT
(Sewer Only)
IPINELLASCOUNTY FLA,
OFF,REC.BK 8546 PG 1028
"SUL'/
, 19 q3 by and between
,th(; CIT~' OF CLEARWATER, a municipal corporation, herelllafter referred to as "City", and
_ SI~P~--.H. \(LEtr~ AND DE130RAH A, f+~U5E'R.
hereinafter referred to as "Owner";
WITNESSETH:
WHljREAS, the Owner now owns the following described real propertv, located outside the municipal
boundaries of the City of Clearwater:
Lor b4 I EME~LO HILL
012- PLAT 'n1C~EbF
"PAGE I B J "PU13Ll C. 12EWrGDS
E"STA TF"S I AceD reD, N <; "f() Tift MAP
A~ 1<E:c.oept"D /1'1 -PLAT 13c;o~ 46 J
cO r-= Vi "H~'LL..tS. Co-< r4-ry) FL-O'(2/M.
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WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an
;:r:-.<:; ~'~~~.~_~,:-~~ieement 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 considerations;
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
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:
(a) 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 require at the time this Agreement
is submitted for processing, or
(2) place in escrow a deed transferring title to land or a promissory note made payable 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
j notice to the property owner, to initiate action to annex the property to the City;
Return City of Clearwater
/J If) r 8~ P.O. Box 4748
~C (~Clearwater, Fla. 34618
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIEQ BX-=-__ JG-d_
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PINELLAS COUNTY FLA.
Ie) that It i~ to ul mutual benefit of the Owner and thec~~fi~-~-:c~i~~n 80~~~e(;~~t~~I02 9__
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 the 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 he 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, 34618-4648 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 atthe
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,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first above written,
WITNESS AS TO OWNER:
::N~<1brL
STEPHAN H. KLE.lN
~aAa.~
.
DEBORAH ~, H ELBE.R.
~::Jw~h.~~O
STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFOREMEpersonallyappearedST~"f'ItAt1J "t-\'l.fl/V ,and ):)E-(0on.A\-I A, HE-LtU~
to me known to be the individual(s) described in and who executed the foregoing instrument and severally
acknowledged before me that they executed the same for the purposes herein expressed; and that said instrument
is the fre~ act and deed of said individual(sl,
WtTKlESS my hand and official seal this 1 ~
d,y Of~ 1913-.
?/)~ ~. f~
. Notary F'l,lbHc .-'
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Notary Name (print/type) W A fU U A
R. f ETTJS
My Commission Expires:
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WANDA It. PET1I8
LfYCOMMISSION'CC~__
January 28, 1998
':-:"'.'EtllllHU TROY FAIN IN8URANCI, INC.
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PINELLAS COUNTY FLA,
._~~!1_R~C._~!<_~_~~6__~G l~ 3 OJ
CITY OF CLEARWATER, FLORIDA
Attest:
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By:
if: # #cu
zabeth ,Deptula
ntenm City Manager
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STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME personally appeared Elizabeth M. Deptula, the Interim City Manager of the above-named City,
who acknowledged that she executed the foregoing instrument, She is personally known to me and did not take
an oath,
K~:S~i::;;i
Notary Public '
Notary Name (print/type)~
My Commission Expires:
J~
I
day of
~ a /, l
,19 9;1,
I
"'. WSk.
::+ COMMISSIC',':, >.J!\IIBER
,:,< CC25" , ,
((' 0 oq: ;"," c~OMMISSIt,;, '<:1
F F\. _"...~.,i 2319{;/
Approved as to form and correctness:
~b~
City Attorney
3
EXHIBIT A
! " I. I PINELLAS COUNTY FLA.
~FF.REC.BK 8546 PG 1031
PROMISSORY NOT E---.~_.__.__.___..____________
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
, ,;'
$
2.00.00
Clearwater, Florida
Date:
15 JUl'{ 1333
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
LOT <04, EMERF\LD HILL ESTF\TE.S\ ACCORDtf\1G TO THE. MAP
OR PLf\T lHERWF ,P\~ RECORDED It\! PLAT BOOK 4<0, PAGE 18,
PUBLIC RECQRDS O~ ?\NELL F\S COUt\tlY, rLORIDF\
The undersigned, its successors, or assigns, or any subsequent
owner, promises to-pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 200.0u 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, Florida 34618)or at such other place as may hereafter be
designated. -
One payment of $ 2.0 0.00 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, open
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 sha~l not
only bind the present owner of said described real property, bu't s~ll
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 in 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 i~terest 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 maturity this notice or default hereunder, counsel sna.l1--be
employed to collect this note.
OWNER:
ByA ~~
ST~ H. KLEIN
~M(j,~
DE.BQRF\\-\ A. HELBE.R
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I
EXHIBIT A
I
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
2.00.00
Date:
Clearwater, Florida
\8 JUl'i 1<:3 33
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
LOT <D~ I EMER~LD HILL 'E.CSTATE.S, P\CCORD1MG TO THE MAP
OR PLAT 1HERtDF ,?\'5 RECORDED IN PLAT BOOK 4<0, PAGE 18
PUBLIC RECQRDS or ?\NE.Ll AS COUt\l1Y, FLORIDF\ '
The undersigned, its successors, or assigns, or any subsequent
owner, promises tOJ?ay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 200.00 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, Florida 34618)or at such other place as may hereafter be
designated. '
One payment of $ 2.00,00 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, open
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 sha~l not
only bind the present owner of said described real property, bu't s~ll
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 in 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 i~terest 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 maturity this notice or default hereunder, counsel shall be
employed to collect this note.
OWNER:
By bfiL" ~ ~
STEilH'Ml~ H, KLE IN
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DE.BQR.~\-\ A, HELBE.R.
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$J.~.~.y
WARRANTY DEED
lNDIVlD, TO INDlVI[)
T-3624
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86287444
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This Instrument Prepared By
ProgTessive Title Ins. Co,
1006 S. Greenwood
Clearwater. FL 33616
'Cfiqis ~nrrnnt~ ~eeb Made the 1st day of December A.D. 19 86 by
William P. Sevilla and Maureen Sevilla, his wife
hereinafter called the grantor. to
Stephan H. Klein, unmarried and Deborah A. Helber, unmarried, joint tenants with
full rights of survivorship and not as tenants in common
whos.e postoffice address i.~ /;jIP9 /nll/JfJ. live. tlen/wal-er. Ft.. J.3!5/~
heretnafter called the grantee: {/ / ~
(Wherflver u8ed herein the term8 ..JfrantD.... and -lTantee" in(lude .11 the partiee to this inetrument and
the heirs, 'eltal repre~ntatiYH and u.ill'nl or individu.~.. and th~ IU('('MBIOrI and aui<<nR or C'orporatKMill
~itnesBet4: That the grantor, for and in consideration of the sum of $10.00 and other
valuable considerations. receipt whereof is hereby acknowledged. hereby grants, bargains, sells, aliens.
rt'miJWH, rl'("(lH"H, flml'I'JIR and confirms unto the grantee, all that certain land situate
HI pinellas County, FLorida, viz:
Lot 64, EMERALD HILL ESTATES, according to the map or plat thereof as
recorded in Plat Book 46, page 18, Public Reco~ds of Pinellas County,
Florida. 14 14857335 12
q9
q1
TOTAL
1. ~3D
5,99
~77.5Q
Q62.59
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. -
..~:;:: ~fjW.-I.;J
CIEf!~ OF' TlH
rIH(U .~. ':"1 r-;3CU,; (:flL't< T
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DEe 3 4 37 PN 'Qh
mo,getqer with all the tenements, hereditaments and appurtenances tmreto belonging or in
anywise appertaining,
mO ~nue nnb to ~olb, the same in fee simpleforewrr,
~nb the grantor hereby convenants with said grantee that the grantor is lawfully seized of said
land injee 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 31. 19 86 Documentary TIX Pd. $...~."??.:~9_
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$ .
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$,.................... IntaDsible Tax Pd,
~~ Blalcer~ Pinella c.ountt
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~ n ~ itneBB ~ ~ereof, the said grantor has signed and sealed these presents the day
and year first ahove written,
Signed. sealed and delivered in our presence:
~~
ureen -en --a .
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all
(II
..
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 acknowledgements. personally appeared
William P. Sevilla and Maureen Sevilla
d scribed in and who executed the foregoing instrument
re me that they executed the same.
e County and State last aforesaid this 1st day
D. 86
-..-...
to be the person
acknowledged
and
~Dlt.llWtll8KL ~IL
State of Rot ida
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~r0~lt~~~~e ~__~L ~'~.,
.~<1EPAREDFOR: Ste~hdn H. "line 5. Deoorah A. i-ielber I COi:,feG :-lort~a~e Corp,
J.N. 86~ /29
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LEGAL DESCRIPTIOX:
Survey of Lot 64, ENER.:'..L::; LILL ESTATES, Clccordin;{ to the plat
thereof as recorded in Plat Book 46, Page 18, of the Public
Records of Pinellas CO~lty,Florida.
Note: The above uescribeci parcel is 1n Flood Zone --:.
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ELLIOTT LAND SURVEYING
1? O. Box 896
C/~arwafer, Florida 33517
596-5478
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