ANNEXATION AND PARKLAND DEDICATION (10)
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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:
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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:
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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;
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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/",
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Notary Public. State of Florida
My Commission t:xpires Sept. 22, 1989
Rondeo Dv Western S!.!rerv ::OtilDany
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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
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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.
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CONTRACTS/AGREEMENTS3:Stevens.agr/4
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