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ANNEXATION AND PARKLAND DEDICATION (10) :~ 4.~) C~ is j '. .. I- !1'.: ....1, :~~I ';,: ) ~; :,~ '0 t:;i:: ,....,J (....":1 .~,.~ l'(:'- <3" ~:::~ ~?5:'-~ ~.. :: ll~: ~:.;,: .;.:) .... ~,-" a;L'; lu'~ -.",.,. = ..... '" M M = ~..,. . ,..Jt-~ I"-l~~ ~ ....:l ~ ~ UOP:: ~~~ ,Eo-< 0< ~~~ P:: < ~ H U >. ~ .~ r-- "C "",00 ~ ~ ;:::: ",' c ~ ~ .=; P=l cO ~,..ci' >'0 V; ~..... Q,) ~, ~ '0;; S A.: .-: ~.E E.~, ...O;.<;:~ = '-' :: Cl) >. :. ~ S ..-=~~ E<Ui3r: ... .. -' .t::~ u;': ..~ ~ ~ 0_ >oU ... U 'Ill ~ 86277793 , - ~_:~-: 11 C!1':LLtJo6JO I Co C L - 40 R~G ~ } ro e;;a. I r i~t:IG~~ o.R6 3 60mE 1061 li~ ~TH~2\AG_R.EEMENT" made and entered into this ~~+~ day of ~~ ~ 1986, by and between the CITY Of CLEARWA ER) FLORIDA, a municipal corporation, hereinafter referred to as "City" and STEVENS DESIGNER Hm1ES, hereinafter referred to as "Owner": A G R E E MEN T WIT N E SSE T H: (.C) t',~:::> .. "':j~- 0= 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: That certain property described as follows: ""J > C:~ ~ LEGAL DESCRIPTION: STEVENS TRACT - PARCEL 3 A parcel of land lying within the Southeast 1/4 Township 28 South, Range 16 East, Pinella~ County. more particularly described as follows: of Section 32, Florida and being Commence at the South 1/4 corner of Section 32, Township 28 South. Range 16 East: thence NOO-OO'15"E, along the West line of the Southeast 1/4 of said Section 32, for 654.13 feet to the POINT OF BEGINNING; thence continue NOO-OO' 15"E. ~dong said West lil!e. for 409.69 feet to the South line of the 100 foot Florida power Corporation easement recorded in Deed Book 1517 on page 164 of the Public Records of Pinellas County, Florida: thence along said South line the following two (2) courses: <i) thence S89-56'08"E. for 551.13 feet: (2) thence S89-55'20"E, for 315.88 feet; thence. leaving said South line, NOO-20'23"E. for 253.79 feet; thence S89-39'37"E, along the North line of the Southwest 1/4 of the Southeast 1/4 of said Section 32, for 451.92 feet; thence SOO-07'09"E, along the East line of the Southwest 1/4 of the Southeast 1/4 of said Section 34, also being the West line of the plat of ELYSIUM - PHASE I as recorded in Plat Book 93 on pages 41 through 45 of the Public Records of Pinellas County, Florida, for 653.84 feet; thence N89-49'18"W, along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of seid Section 32, for 1332.84 feet to the POINT OF BEGINNING and containing 15.26 acres, more or less. 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: NO\~ THEREFORE, as follows: the parties hereto hereby covenant and agree 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. 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 1 immediately above on the part of the City) the Owner agrees: a. to pay the appropriate annexation fee ~hen this Agreement is submittec for processing; Ct' E y1(f r-. i1.' ..' .. 1,1\ 6,tJ L.{'l..-' /lId-. S/?;;~ () t.( - 00 c:; -90(10) " Q,R.6 3 6 (3 PAGE 106 2 0.1 to ray nor:nal S8'y,'er ",rc/url...ater connection chari't's and f!'onthly se\,'er service and or water charges tc the City on the sare hasis as sewer service and/or ~ater 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 Ordi- nance Nos. 3128-83 and 3129-83 as the same may be amended from time to time,subject to acknowledgement herein by the City of Clearwater of the deeding to the City of a certain parcel of land by Stevens Designer Homes on September 11, 1986 representing the combination of a "gift" and payment of the "Open Space Assessment" and "Recreation Facility Land Assessment" for the development of the property which is the subject matter of this Agreement. (Said parcel described in Exhibit A attached hereto.) The Owner shall however, pay a total fee of $5,800.00 representing "Recreation Facility Assessment" of $200.00 per unit x 29 units prior to or in concert with the execution of this Agreement; 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 the 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 the mutual benefit of the Owner and the City, in recognition of the eventual incorporation of the property within the City, to: 1. have the preliminary plat reviewed and accepted by the City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plat shall precede the execution of this Agreement by the City and any construction of this property subsequent to annexation shall comply with any applicable Fire District requirements. 2. have the water and sewer system designed to City standards, and the City will be entitled to review the water, sewer, and all other subdivision construction plans, and all test reports. 3. have each home builder obtain from the City a water and sewer letter. City shall not require review of builder's architectural/structural plans if owner obtains building permits from Pinellas County; 4. agree that the plat and subdivision construction plans will be in conformance to the City approved preliminary plat entitled Chelsea Woods Phase II as prepared by Appenzeller, Boyd & Zarra, Inc. A copy of said preliminary plat is attached hereto as Exhibit "B". 5. agree that storm drainage/street paving subdivision i~provements will be installed/constructed with coordination of Pinellas County and City of Clearwater 'inspections. 6. have the performance bond and maintenance bond run to Pinellas County. 7. have no additional review fees payable to City of Clearwater while under the jurisdiction of Pinellas County. f. that 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 not~ithstanding; c, o.R.6 3 6 6 PAGE 1063 g. Ithat the terms and rrovisiJ1s 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 Agreement shall be a commitment and obligation which shall not only bind the present owner of said 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 i. that 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. 3. All notices to be furnished to the City hereunder shall be furnished 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. Countersigned: / / Approved as to form~nd Correctness: City Attor Witness as to Owner: CITY OF CLEARWATER., FLORIDA Bill E. Stevens Florida Partner STATE OF FLO IDA ::~:::i::dP:::L~:rn to before me this ,Jru/9ay~g 1986 ._)i>'.;~~~\dJ.l~f";:"~~J$1;~'~J~' t-1y commission expires: ",,""" ,,,.u.,tfi/", ..:~~;t.t '\>.. -_:... ....V-'~......... .. ~ :~';';~~~' ',,:-::"';r>':'J" '- :../, ",-" / },~" ,',&J,', .:t~: -,- ",.".....",',",',",,\,~"..J~,I)~/IW o t ry,,~ 1. c-, - .;..r:t;j:'; _':"~,f;~~.o( '..', '_ ^:;':\....":':,".~- .".....~. f:'l,:,:",~:"!;.,V ... ': -~" ,@: ~ """,.. , J.ll" '. '~,1! ;,'..',';? ' ~.(..... , '~ ... '-~',,~:,,': ;:~tf)~'; ,~. Notary Public. State of Florida My Commission t:xpires Sept. 22, 1989 Rondeo Dv Western S!.!rerv ::OtilDany ,- ')- I I . '" . '. J , Exhibit "A" o.R,63 6 6 P~GE 1064 The West 345 feet of the following described parcel within the Southeast 1/4 of Section 32, Township 28 East, Pinellas County, Florida: of land lying South. Rang- 16 Commence at the South 1/4 corner of Section 32, Township 28 South, Range 16 East: thence N 00.00'15" E, along the West 11.ne of the Southeast 1/4 of said Section 32, for 1073.82 feet to the POINT OF BEGINNING; thence continu'e' N 00-,00'15" E, along said West line, for 100.00 feet to the North line of the 100 foot Florida Power Corporation easement recorded in Deed Boo)~ 1517, Page 164 bf the Public Records of Pinellas. County, Florida; thence along said North line the following two (2) courses; (1) thence S 89'56'08" E, f01- 551.24 feet; (2) thence S 89-55'20" E, for 317.35 feet: thence leaving said North line, S 00-20'23" W, for 100.00 feet to the South line of ::said easement; thence along said South line the following two (2) courses: <1) thence N 89-55'20" W, for 316.88 feet; (2) thence N 89-56'08" W, for 551.13 feet to the POINT OF BEGINNING. SubJect to restrictions and easements of record. SubJect to taxes for 1986 and ,subsequent years. A parcel of land lying within the Southeaat 1/4 Township 28 South, Range 16 East, Pinellas County, more particularly described as follows: of Section;' 32, Florida end being Commence at the South 1/4 corner of Section 32, Township 28 South, Range 16 East; thence N 00'00'15" E, along the West line of'; the Southeast 1/4 of said Section 32, for 1073.82 feet to the PbINT OF BEGINNING; thence continue N'OO-00'15.' E, alorig said West line,,'for 100.00 feet to the North line of~' the 100 foot Florida Power Corporation easement recorded'in Deed Book 1517, Page 164 of the Public Records of Pinellos County, Florida: thence along said North line the following two (2) courses; (1) thence S 89-56'08" E" for 551.24 feet; (2) thence S 89'55'20~E, for 317.35 feet: thence leaving said "North line, S 00'20'23"W,' for 100.00 feet to the South line of I " .. said easement; thence along said South line the following two ',:..(2) courses; (1) thence N 89'55'20" W, for 316.88 feet; (2) thence N 89'56'08" W, for 551.13 feet to the POINT OF BEGINNING, LESS the 'West 345 feet thereof_ SubJect to restrictions and easements of record. SubJect to taxes for 1986 and subsequent years. .,," CONTRACTS/AGREEMENTS3:Stevens.agr/4 ~ ..... S' ":..: \~;~ :.:.- . . ." f,! : - ~ , ' ":... . . : ~ :: r~' '-,'-"; "ht. . -:.:' ~~::~!~', ;.~:-. '; .' .'. :'-i ~~: {~..:~ . . i : ~ ::.:" - .~ I: I. 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