SEWER ONLY - TIMOTHY G. KENNEDY AND DEBORAH L. KENNEDY
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INST # 93-2407iO
AUG 20, 1993 5:1l9PM AGREEMENT PItt~LLAS COUNTY FLA.
_ .'__ (Sewer Only)__~~F . REI: . BK 8377 PG 337
THIS AGREEMENT, made 'and ent~red into this 5-y of , 19 fi by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referre
TIMOTHY G. KENNEDY AND DEBORAH.L.. KENNEDY
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the municipal
boundaries of the City of Clearwater:
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LOT SEVENTEEN (17) IN BLOCK (5) OF VIRGINIA GROVE
TERRACE THIRD ADDITION, according to the map or plat
thereof as recorded in Plat Book 37, page 74, public
records of Pinellas County, Florida,
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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:
';"he City agrees to provide se'Mer service, subject to the terms of th:s Agreement, ~nd to Dermit 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
notice to the property owner, to initiate action to annex the property to the City;
RETURN TO:
CITY CLERK
POST OFFICE BOX 4748
CLEA V
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: JG.-
.,
Ie) that it is to ti mutual benefit of the Owner and the Cityl 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 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 f~e 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 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,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first above written,
Personallyknown to me
BEFORE ME personally appeared' e. o~~ 1, ~ J .... '1 d ~
to me known to be the individual{s) described in and who executed he foregoing instru nt and severally!
acknowledged before me that they executed the same for the purposes herein expressed; and that said instrument
is the free act and deed of said individual(s).
:< Y day of !'J:h/Z...-! 19Z2-.
Notary Name (print/type) ~ll... IS. Ll J It c.. ~
My Commission Expires:
Jr, --iN B. lILLlCO
.:rar'i . .Ioli(;, State of Florida
Expires Mar, 3, 1994
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By:
Mich I Wright
City Manager
CITY OF CLEARWATER, FLORIDA
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PINELLAS COUNTY FLA.
OFF.REC.BK 8377 PG 339
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STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME personally appeared Michael J. Wright, the City Manager of the above-named City, ""ho
acknowledged that he executed the foregoing instrument, He is personally known to me and did not take an oath.
WITNESS my hand and O~jdal ,eal .hi, If day O~ ,1l3....
fJeJfl.~) a. IJ) loon 2 .4'::0;t" _Sf ULSON
Notary Public " . t*!"h,"'f:% MY COMMISSION II CC 201408 EXPIRES
"'" f\ / I I \ ""'....~,~~ June 18, 1996
Notary Name (printltypelj Jt~J-.)/ 5f>J n. I)) { S ()/LJ ~'1!f..p.f.,~~~ BONOEOTHRUTROYFAININSURANCE,INC,
My Commission Expires:
Approved as to form and correctness:
~~
M, A. Galbraith, Jr" City LJney
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Wherever used' herein, the term "party" shall Include the heir.. personal representatives.
successors and/or 8.slgns of the respective parties hereto: the use of the slnllUlar number
shall Include the plural. and tbe plural the mncular: the use of any gender shall include
all .enders.
Made this 6th day of July , A. D. 1973
~2htt22n
HAROLD D. FLOYD and EMILY B. FLOYD, his wife
of the County of Piinell as
party of the first part, and
TIMOTHY KENNEDY and
whose mailing address. is:
in the State of Clori da
DEBORAH KENNEDY,his wife
1759 Lucas Dr., Clearwater, FL 33515
in the State of F lor ida
of the County of pinellas
party of the second part,
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c<;i*i)lUJitn2SS2t!r that the said party of the first part, for and in consideration of the sum
of Ten dollars and other valuable consideration, to him in hand paid by the said party of the
second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the
said party of the second part his heirs and assigns forever, the following described land, situate
lying and being in the County of Pinellas , State of Florida, to wit:
LOT SEVENTEEN (17) IN BLOCK FIVE (5) OF VIRGINIA
GROVE-TERRACE THIRD ADDITION, according to the
map or plat thereof as recorded in Plat Book 37,
page 74, public records of Pinellas County, Florida.
This conveyance is made subject to restrictions, reservations
and easements of record, and also subject to taxes for the year
1973 and subsequent years.
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And the said party of the first part does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
~n 1llllitness "~er2of, the said party of the first part has hereunto set his hand and
seal the day and year first above written.
111ft;
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HAROLD D.
c:'~e, ~
EM LY . FLOYD .
STATE OF
COUNTY OF
FLORIDA
PIN ELLAS
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~ ~2r2b}Z <!t2rtif}Z That on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments,
HAROLD D. FLOYD AND EMILY B. FLOYD, his wife
to me well known and known to me to be the individual s described .jin and who executed the
foregoing deed, and they acknowledged before me that !they executed
the same lreely and voluntarily lor the purposes therein expressed. ..t.""'''':::.:.;.;....
11l!litmss my hand and official seal at Clearwater ,____ .~~v ,....'. " J-tA
County of Pinellas and State of Florida :' ''-;t1Us o. <, '. ((:!~
day of ,-:r~~'I- Iq1:1 ,A.D. 1973. /<, [~ , :! . ",\
" . Notary Public, State of Florida at Large t,.. \. ;, ~ M ~' \>) L
My ComnusslOn Exprres;M, C~~15ion Expuc! June lil, 1977 . ~/,'~,' ,:
Notary Public '. '. I, '.,...
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AGREEMENT TO ANNEX
ATA 93-04-341 PROPERTY DESCRIPTION
OWNER Timothy & Deborah Kennedy Lot 17, Block 5, Virginia Groves Terrace Third
APPLICANT Addition
ADDRESS Parcel No. OS/29/16/94374/005/0170
1759 Lucas Drive
Section 05 Township 29 Range 16 Atlas Page 264-A
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C I T Y
OF CLEARWATER
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 34618,4748
March 22, 1993
Mr. Robert A. Pensa, Director
Pinellas County Building Department
315 Court street
Clearwater, Florida 34616
Re: sanitary Sewer service:
Parcel No. OS/29/16/94370/005/0170
Lot 17, Block 5, virginia Groves Terrace Third Addition
1759 Lucas Drive
Clearwater, Florida 34619
Dear Mr. Pensa:
Please be advised that Timothy G. and Deborah L. Kennedy owner(s) 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. ~-;J-r7 3?
$ 935.90 Sanitary Assessment Fee - Receipt No. M- 1.~77 L7
$ 200.00 Recreation Facility Fee - Receipt No. ~ - b)J-I~7 3 r
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,
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Te~ence C. nni:~~.
Chlef Engty er r P ~ E
TCJ/DDM
cc: Building Director
Infrastructure: G. Smith
City Clerk: Cynthia Goudeau
DOAS: Lisa Kelly
Public Works/Plan Review
Planning Director
Public Works/Engineering
Parks Dept.: Terri Hughes
DOAS: John Scott
Present Owner
PENSAMIS.DDM
, . E qua I E m p I 0 Y men tan d A f fir mati v e Act ion E m p I 0 Y e r ,',
APPLICATION NUMBER~
F'EF<I'II I l' 1\1 UI'IIBE F< ::
PROJECT ADDRESS~
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BUILDING DEPT. DIV.
17~59 LUCAS DR
CLEARWATER, FL 34619
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F<EMAINING LAST PAID
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------.....---..---__.._ _......_...___________...... ______..___.M____._____ _________________..
________M___.__ _.____________ __..._________M_._____ .._____.____M______.
U~: IE,~ 1[':: u:.:: T ~_-:::. 'T
CITY OF CLEARWATER
BU I LD 11\1(:::. I NSF'LeT I (JNS D I V I ETI ON
10 MISSOURI AVE SUUTH
P. O. BOX 474t:l
CLEARWATER, FL 34618-4748
(E! 1 :~;) 46:?'-"6~:56 7
KENNEDY, TIMOTHY & DEBORAH
UIAJNFR
F'A I D-...'TTi,-D{~'TE
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NALOL I
05 / 29 / 16 / 94374 / 005 / 0170
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Fire/TIF Dist:
210 Land Use Code: 01
2) 3) 4) 5)
93 JUST VALUE
51,800
93 EXEMPTIONS/92 TAXES
25,000 Wx: 0
26,800 92 Tax:
SHORT LEGAL
VIRGINIA GROVE
BLK 5, LOT 17
267
OWNERSHIP
KENNEDY, TIMOTHY
KENNEDY, DEBORAH
1759 LUCAS DR
CLEARWATER, FL
Tax Dist: CTF
Prop Use Code:
Exmpt.. 1) 5
Hx:
Nx:
05-AUG-93
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15:43:13
PBrop Address:
1,759 LUCAS DR
RESIDENTIAL Tenancy: HUSBAND AND WIFE
Pet#: 0
34619 1914 Book: 4050 Page: 1605
Dlgnt Stat:
Household:
6) 7)
Note Code:
o Escrow Code: 210
8) . . Status
Dx : 0 Tx :
524.44 Spec Tax:
CENTROID
TERRACE 3RD ADD
.00
o Ax:
Tx %: .00
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X: 266,356
Y: 327,940