PRE-ANNEXATION AGREEMENT FOR SEWER LINES - TRACKER CORP
PRE-ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this /~ day of ~ ,2001 by and between the
CITY OF CLEARWATER, a municipal corporation, hereinafter referred to "CIty", and TRACKER, CORP, a
Florida corporation, hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner presently has the below described property under contract and will own the following
described real property, located outside the municipal boundaries of the City of Clearwater:
A 1.28 acre parcel located at 2575 Sr-580 more particularly described as follows:
See Exhibit "A" for lengthy legal description
And,
WHEREAS, the Owner desires to connect to the City water and sewer lines to obtain utility services and is
agreeable to signing an Agreement with the City for municipal sewer service;
And,
WHEREAS, the City is agreeable to furnishing water and sewer services upon certain conditions and
considerations;
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1. The City agrees to provide water and sewer service, subject to the terms of this Agreement, and to permit
the Owner to connect to its water and sewer lines at the Owner's expense.
2. The Owner agrees:
a.) to pay the appropriate annexation fee (if any) when this Agreement is submitted for processing;
b.) to pay the normal water and 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 the City will process an application for land use plan amendment designation as Residential
Office Limited and an application for rezoning to the designation "0" within the City Zoning
classification system, at or after the time of annexation by the City, such applications representing
a transfer from the anticipated Pinellas County land use and zoning classifications, and City staff
shall use its best efforts to obtain approval for such applications;
d.) that the owner recognizes that the City shall initiate annexation of the property as soon as
practicable after completion of the project as evidenced by issuance of certificates of occupancy;
e.) that is to the mutual benefit of the Owner and the City, in recognition of the eventual incorporation
of the property within the City, to have site and building plans reviewed by the City in advance of
obtaining any requisite permit from Pinellas County, and that such review and approval was given
pursuant to the meeting held on October 3rd, 2000 and acknowledged by the attached copy of the
Meeting Notes (dated October 18th) from the City memoralizing said meeting and the conclusions
of the City staff members present at said meeting, and a copy of a letter dated October 9th from the
City Planning Director to Pinellas County Development Review Services indicating his
acceptance of processing all site and building plans through the County prior to this contemplated
annexation;
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 or the 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
1
Owner shall pay all costs of such proceedings including the payment of a reasonable attorney's fee
in connection therewith;
i.) that the Owner shall provide evidence satisfactory to the City of an easement in favor of the City
to allow sewer connection across and through the Rustlewood Condominium property to the south
of the subject property.
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, 34618-4748 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 Pine lias 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:
'..........
/'
~~.
STATE OF FLORIDA)
COUNTY OF PINELLAS)
BEFORE ME, personally appeared Timothy J, Kerwin as President of TRACKER Corp, 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 free act and deed of
said individual. A~~ I L
/ . 3 day~, 2001.
Notary Public
Notary Name (print/type) '-e.
My commission expires: 10/7 t){J;L
I I
e KATHLEEN BEDlNI
~ A ' My Comm [)cp. 10/7!200
PUBLIC ~ No. CC 78181
lJ~~ 10.
2
CITY OF CLEARWATER, FLORIDA
By ~tt&..n
William B. Horne II
City Manager
Attest:
STATE OF FLORIDA)
COUNTY OF PINELLAS)
My commission Expires:
....'!J)J':',... Dottie ~eehling
~~i~'
o~: '.~o MY COMMISSION # CC849381 EXPIRES
~o::. '.:~J September 30. 2003
"~i';;F f(~~" OONC,ED TH~U WlY FMN INIl\I~~ INC.
"nIl"
Approved as to form
~~'.k.~~.(
Leslie Doug ides
Assistant City Attorney
Exhibits and Attachments:
Legal Description (Exhibit" A")
"Meeting Notes"
Planning Director letter to Pinellas County
3
O.R. 10936 PAGE 2573
~
.
'. . LEGAL DESCRIPTION
PINELLAS COUNTY rLA
Orr.REC.8KI0936 PG 2573
"
I
The following desalbed lands InPlnellas County, Aorlda, to wit:
Commencing at the Northwest comer of the Southwest 14 of Section 29, Township 28 South, Range
16 East and run thence North 89040'03. East along the East and West centerline of said Section a
distance of 725.00 feet; thence South 0001'2r West, 33.0 feet to a POINT OF BEGINNING; thence
continue South 0001'22. West, 208.71 feet; thence South 89040'03. West, 104.36 feet; thence
North 0001'22. East, ~08.71 feet; thence North 89040'03" East, 104.36 feet to the POINT OF
BEGINNING.
TOGETHER WITH:
, ,.
Commendng at the Northwest comer of the Southwest V. of Section 29, Township 28 South, Range
16 East and run thence North 89040'03. East along the East and West centerline of said Section a
distance of 725.00 feet; thence South 0001'22" West, 33.0 feet to' a point which Is the POINT OF
BEGINNING. From such Point of Beginning, thence continue South 0.01'22" West, 208.71 feet;
thence North 89.40'03" East, 208.71 feet; thence North 0.01'22" East; 208.71 feet; thence South
89040'03" West, 208.71 feet to the POINT OF BEGINNING.
. .
EXHIBIT A
of
..~..
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6
01& II G II Nl&ll.
MEETING NOTES
SUBJECT:
Proposed Medical Office Complex - SR580
DATE:
October 18,2000
LOCATION:
City of Clearwater - Planning Department
ATTENDEES:
Timothy Kerwin, Sr., Developer
Timothy Kerwin, Jr., Developer
Dixie Walker, Architect
Ralph Stone, City Planning Director
Lisa Fierce, City Development Review Manager
· The site is 1.28 acres located on the south side of SR580, west of Countryside
Boulevard. The proposed development of the site was discussed as a courtesy review
by the City.
· The property is currently located within Pinellas County. The developer is planning
on requesting site plan approval from the County and subsequent building permits. At
some future date, an annexation petition will be filed with land use plan amendment.
Ralph will provide annexation agreement form.
· The proposal includes two medical office buildings - an 8,000 square foot cancer
clinic and a 3,170 square foot general practitioner office. It will not exceed 20 percent
FAR. The site plan reflects 20 foot side and rear setbacks. There will be 5.5 parking
spaces per 1,000 square feet provided.
· The design of the buildings includes single-story structures with pitched roofs. A
perimeter buffer is provided. The interior landscape meets the City's requirements.
· There are two detention basins along the SR580 street frontage. Some of the existing
trees on the site will be removed. Pedestrian access is shown to the Ramblewood
development to the south.
· Water and sewer service is available. There are three options available for sanitary
sewer service that should be addressed with the Engineering Department.
· Any items not approved through the County at the time of annexation, will need to
meet City of Clearwater regulations (signs, etc.).
S:\Planning Department\Planning - Dev Review\SR580 Medical Office Complex,doc
@(Q)fP'W
CITY OF CLEARWATER
PIANNING & DEVELOPMENT SERVICES ADMINISTRATION
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYR11.E AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (127) 562-4567 FAX (127) 562-4576
October 9,2000
Mr. Paul Cassel
Development Director
Development Review Services
310 Court Street
Clearwater, FI 33758
Dear Paul:
I met with Mr. Tim Kerwin and his son last week regarding the Old State Forest property
on State Road 580. The subject site as you know is an unincorporated enclave in
Clearwater in the Countryside area. I am writing to indicate that I have no problem with
the development of an office space in this location. I also agreed with them that the best
alternative is for them to proceed with the processing and approvals of their proposed
plans with the County. We will provide them with an annexation agreement that
provides them utilities and support the office option.
If you need anything else from us, please call me at 562-4583. I hope all is well over
there across the street.
Sincerely,
.. na1lJ;~
Ralph Stone
Planning Director
CC: Tim Kerwin, 2014 Old Oak Lane, Safety Harbor, FL 34659
. . i '.
BRIAN]. AUNGST, MAYOR-COMMISSIONER
].B.]OHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
. :r' l.~ ,"",. I '~- :~'. .'
"EQUAL EMPLOYMENTAND AFFIRMATIVE ACTION EMPLOYER"
BoB ClARK, COMMISSIONER
ED HOOPER, COMMISSIONER
1 Prepared by and please return to:
/ Timothy J. Kerwin
2109 Meadow Brook Dr.
Clearwater, Fl. 33759
01-121372 APR-17-2001 2:47~
PINELLAS CO BK 11317 PG 1127
1111111111111111111111111111111I1111I1111111111111
QR~P!tN:WJ
PRE-ANNEXATION AGREEMENT
,r~ ~
THIS AGREEMENT, made and entered into this ~ day of' ,2001 by and between the
CITY OF CLEARW ATER, a municipal corporation, hereinafter referred to a "CIty", and TRACKER, CORP, a
Florida corporation, hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner presently has the below described property under contract and will own the following
described real property, located outside the municipal boundaries of the City of Clearwater:
A 1,28 acre parcel located at 2575 Sr-580 more particularly described as follows:
See Exhibit "A" for lengthy legal description
And,
WHEREAS, the Owner desires to connect to the City water and sewer lines to obtain utility services and is
agreeable to signing an Agreement with the City for municipal sewer service;
And,
WHEREAS, the City is agreeable to furnishing water and sewer services upon certain conditions and
considerations;
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1, The City agrees to provide water and sewer service, subject to the terms of this Agreement, and to permit
the Owner to connect to its water and sewer lines at the Owner's expense,
2, The Owner agrees:
to pay the appropriate annexation fee (if any) when this Agreement is submitted for processing;
to pay the normal water and 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;
that the City will process an application for land use plan amendment designation as Residential
Office Limited and an application for rezoning to the designation "0" within the City Zoning
classification system, at or after the time of annexation by the City, such applications representing
a transfer from the anticipated Pinellas County land use and zoning classifications, and City staff
shall use its best efforts to obtain approval for such applications;
that the owner recognizes that the City shall initiate annexation of the property as soon as
practicable after completion of the project as evidenced by issuance of certificates of occupancy;
that is to the mutual benefit of the Owner and the City, in recognition of the eventual incorporation
of the property within the City, to have site and building plans reviewed by the City in advance of
obtaining any requisite permit from Pinellas County, and that such review and approval was given
pursuant to the meeting held on October 3rd, 2000 and acknowledged by the attached copy of the
Meeting Notes (dated October 18th) from the City memoralizing said meeting and the conclusions
of the City staff members present at said meeting, and a copy of a letter dated October 9th from the
City Planning Director to Pinellas County Development Review Services indicating his
acceptance of processing all site and building plans through the County prior to this contemplated
annexation;
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;
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
if the Owner or the heirs, successors, and assigns or the 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
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f.)
PINELLAS COUNTY fLA
Off,REC,8K 11317 PG li28
Owner shall pay all costs of such proceedings including the payment of a reasonable attorney's fee
in connection therewith;
i,) that the Owner shall provide evidence satisfactory to the City of an easement in favor of the City
to allow sewer connection across and through the Rustlewood Condominium property to the south
of the subject property,
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, 34618-4748 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,
WITNESS AS TO OWNER:
OWNER:
~;B~) .
'mot y J. Kerwin, its President'
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ST ATE OF FLORIDA)
COUNTY OF PlNELLAS)
BEFORE ME, personally appeared Timothy], Kerwin as President of TRACKER Corp, 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 free act and deed of
said individual.
~ WITNESS my hand 6ffiOiaJ !"aJ ~hi' / j
~) ~/
Notary Public
Notary Name (print/type) ~
My commission expires: /() J 7J. U.J-.
. I (
dayof~,2001.
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PINELLAS COUNTY FLA,
OFF, REC , BK 1 13 17 PG 1 128
CITY OF CLEARWATER, FLORIDA
BYtfJt~".~1t
William B, Horne II
City Manager
w~,\I"-V(,'Cl.~
Alle".2 uV~ lti~., ~
~ tJ, " Cynthia E.: GOU,d'fJ
D' City Cler~ " "
STATE OF FLORIDA)
COUNTY OF PINELLAS)
BEFORE ME, personally appeared William B, Horne II, the City Manager of the above-named City, who
ledged th" he executed the focegoing in"tj~i' pmonall~ known I~ me and did nol take an o"h.
IT h andk 1, 1 thi, day o'-~.~ 2001.
otary Public
Notary Name (print/type) ..... "'-111 .. hr"",
,"'ij\V Psid:',o; LIU e I\tt9 II..~
" ,/!~'Y;, MY COMMISSION # CC849381 EXPIRES
My commISSIon ExpIress.e:,:&:,,-~ ""'rtpmoor ~O[ 2003, ,
#~1:'l~ :,~~.:~" ~;~W'lF,.c to"... tl<~ ~~~ , wlJk~ if4€.
Approved as to form
~-<L~~~
Leslie Do I-Sides
Assistant City Attorney
Exhibits and Attachments:
Legal Description (Exhibit "A")
"Meeting Notes"
Planning Director letter to Pinellas County
3
, ,
/. LEGAL DESCRIPTION ,.
fi I
The following described lands In Plnellas County, Aorlda, to wit:
PINELLAS COUNTY FLA
Orr.REC.8KI0936 PG 2573
.'
PINELLRS COUNTY FLR,
OFF, REC ,8K 113 17 PG 1 130
Commencing at the Northwest comer of the Southwest 'I. of SectJon 29, Township 28 South, Range
16 East and run thence North 89040'03" East along the East and West centerline of said SectJon a
distance of 725.00 feet; thence South 0001'22" West, 33.0 feet to a POINT OF BEGINNING; thence
continue South 0001'22" West, 208.71 feet; thence South 89040'03" West, 104.36 feet; thence
North 0001'22" East, ~08.71 feet; thence North 89040'03" East, 104.36 feet to the POINT OF
BEGINNING.
TOGETHER WITH:
, .'
Commendng at the Northwest comer of the Southwest 'I. of Section 29, Township 28 South, Range
16 East and run thence North 89040'03" East along the East and West centerline of said Section a
distance of 725.00 feet; thence South 0001'22" West, 33.0 feet to' a point which Is the POINT OF
8EGINNING. From such Point of Beginning, thence continue South 0001'22" West, 208.71 feet;
thence North 89040'03" East, 208.71 feet; thence North 0001'2210 East; 208.71 feet; thence South
89040'03" West, 208.71 feet to the POINT OF BEGINNING.
EXHIBIT A
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., ~..
,
.-:/ '.
6
PINELLAS COUNTY FLA,
OFF ,REC ,8K 11317 PG 1131
OR (I! G II Nl~'L
MEETING NOTES
SUBJECT:
Proposed Medical Office Complex - SR580
DATE:
October 18, 2000
LOCATION:
City of Clearwater - Planning Department
ATTENDEES:
Timothy Kerwin, Sr., Developer
Timothy Kerwin, Jr., Developer
Dixie Walker, Architect
Ralph Stone, City Planning Director
Lisa Fierce, City Development Review Manager
· The site is 1.28 acres located on the south side of SR580, west of Countryside
Boulevard. The proposed development of the site was discussed as a courtesy review
by the City.
· The property is currently located within Pinellas County. The developer is planning
on requesting site plan approval from the County and subsequent building permits. At
some future date, an annexation petition will be filed with land use plan amendment.
Ralph will provide annexation agreement form.
· The proposal includes two medical office buildings - an 8,000 square foot cancer
clinic and a 3,170 square foot general practitioner office. It will not exceed 20 percent
FAR. The site plan reflects 20 foot side and rear setbacks. There will be 5.5 parking
spaces per 1,000 square feet provided.
· The design ofthe buildings includes single-story structures with pitched roofs. A
perimeter buffer is provided. The interior landscape meets the City's requirements.
· There are two detention basins along the SR580 street frontage. Some ofthe existing
trees on the site will be removed. Pedestrian access is shown to the Ramblewood
development to the south.
· Water and sewer service is available. There are three options available for sanitary
sewer service that should be addressed with the Engineering Department.
· Any items not approved through the County at the time of annexation, will need to
meet City of Clearwater regulations (signs, etc.).
S:\Planning Department\Planning - Dev Review\SR580 Medical Office Complex,doc
PINELLAS COUNTY FLA,
OFF,REC,8K 11317 PG 1132
CITY
OF
(g@[}2t't{
CLEARWATER
PlANNING & DEVELOPMENT SERVICES ADMINISTRATION
POST OFFICE Box 4748, CLEARWATER, FWRIOA 33758-4748
MUNICIPAL SERVICES BUIlDING, 100 Soum MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
October 9, 2000
Mr. Paul Cassel
Development Director
Development Review Services
3 1 0 Court Street
Clearwater, Fl 33758
Dear Paul:
I met with Mr. Tim Kerwin and his son last week regarding the Old State Forest property
on State Road 580. The subject site as you know is an unincorporated enclave in
Clearwater in the Countryside area. I am writing to indicate that I have no problem with
the development of an office space in this location. I also agreed with them that the best
alternative is for them to proceed with the processing and approvals of their proposed
plans with the County, We will provide them with an annexation agreement that
provides them utilities and support the office option.
If you need anything else from us, please call me at 562-4583. I hope all is well over
there across the street.
Sincerely,
n~1,~
Ralph Stone
Planning Director
CC: Tim Kerwin, 2014 Old Oak Lane, Safety Harbor, FL 34659
"" . STATE OF FLORIDA, PINELLAS COUNTY
_-~llIT Cd,l.'l I hereby oertily thaI the foregOing IS
.:- ~'''''''';rl' ., a tru", copy as the same appears among the
i*:'~" \*'~ filesan.d"',r"eco".,,,rds,o~. , court ,.;' ~J
"): :.0(... This-1fL..dayof__hA ~,20~
~~\ il; '., l~RLEEN .oeBLAKER 1
'I~ .... ....~,. '; . ,Ierk of CirCUit Co rt
',-1'09.'.......... <(.: I .
1\\CouHfl:.._- "Y'.
"'''''- ~
BRIAN J. AUNGST, MAYOR-COMMISSIONER
J.B-JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
, . *
'r' '$.. .- ". . I r' ': I
, ' . "EQJk. EMPl.OYMENT 'AND AFFIRMATIVE ACTION EMPLOYER"
BOB ClMK, COMMISSIONER
ED HOOPER, COMMISSIONER
Prepared by and please return to:
James A. Staack, Esquire
Staack, Simms & Hernandez, P.A.
121 North Osceola Avenue
Clearwater, FL 33755
(~@~)f
. Pl'-GES ~___' ,
r>.CC11l
crIG t>.!>Ai ---___
Cl'-t>.tJ,i
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OS 0\'-\219 ~
OS _____
\\'ii ___
tEES ____
!>AiF ___
pIC ~/)
RE.~ ~
iOir>.\.
KARLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTy, FLORIDA
1C153502 03-30-2001 16:29:10
51 AGR-RUSTLEWOOD CNDO
0000000000
In: BK: SPG:
REIDRDItIi 007 PAGES 1
DOC STAMP - DR219 3
TOTAL:
p ~AKf.1ENDERED:
CHANGE :
BY _ DEPUTY ClERK
LCH
EPG:
$33.00
$105.00
$138.00
$138.00
$.00
SEVVER 01-088721 MAR-30-2
EASEMENT AGREEMENT P INELLAS co BK 112~~1 PC: :r;:~
IIIIIIIIIIJIIIIIIIII~ 1111I1111I111I11~1111111111
THIS INDENTURE is made and entered into to be effective as of ~ I?: ,2001 by
and between RUSTLEWOOD CONDOMI IUM ASSOCIATION INC., a FI 'd~t;for-profit
corporation having an address of: '. L..~,'(ffereinafter
referred to as "Grantor"), and 580 KERWIN, LTD. Y and throug its general partner, TRACKER
CORP., a Florida Corporation having an address of: 2014 Old Oak Lane, Safety Harbor, Florida
34695, (hereinafter referred to as "Grantee").
Recitals.
A. Grantee is the owner in fee simple and is in possession of that certain parcel of real
estate located in Pinellas County, Florida, and being more particularly described in Exhibit "A"
("Grantee's Parcel") attached hereto and made a part hereof.
B. Grantor is the owner in fee simple and is in possession of that certain parcel of real
estate located in Pinellas County, Florida being more particularly described in Exhibit "B" ("Grantor's
Parcel") attached hereto and made a part hereof.
C. The parties desire to enter into this easement agreement providing for an easement
to Grantee over and across that portion of the Grantor's Parcel described in Exhibit "C" attached
hereto and made a part hereof for the purposes of an underground sewer main, connecting to
Grantor's existing sewer main system for servicing the Grantee's Parcel and for such ingress and
egress as may reasonably be required for installing and maintaining such sewer main.
THEREFORE, for and in consideration of the mutual covenants herein contained together
with other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1.
reference.
Recitals. The above recitals are true and correct and are incorporated herein by
2. Grant. The Grantor does hereby grant unto Grantee, its heirs, successors and
assigns, a perpetual nonexclusive easement for the purposes of installing, using and maintaining
a sewer main having a diameter of no more than 8" under the surface of the real estate described
in Exhibit "C" attached hereto and made a part hereof (the "Easement Area") together a right of
ingress and egress over and across the Easement Area and abutting areas for the limited purposes
of installing and maintaining said sewer main. The said sewer main shall tie into Grantor's existing
EXHIBIT "e" EASEMENT
~bq
PINELLAS COUNTY rLA.
Orr,REC.8K 11288 PG 1348
sewer main located northerly of Countryside Boulevard (the "Shared Main-) and Grantor does
hereby grant unto Grantee, its heirs, successors and assigns, a perpetual easement for the flow
of sewage through the Shared Main.
3. Usaae. The parties agree that each of them, their successors, and assigns, shall
conform to and with aU governmental requirements, laws and regulations in the use and
maintenance of the subject easement The easements granted hereby are exclusively limited to
the purposes set out herein and contain only attendant rights to the surface of the property to the
extent reasonably necessary.
4. Indemnitv and Hold Harmless. Grantee does herewith agree to indemnify and hold
Grantor hannless from any and aU claims, costs or damages, including reasonable attorney's fees,
as Grantor may incur relating to this Easement Agreement and the use or maintenance of the
Easement Area by the Grantee.
5. Costs. AU costs relating to the in~lIation and maintenance of the sewer main to be
located in the Easement Area shall be borne by Grantee. In connection with such installation and
maintenance, Grantee shaM undertake its best efforts to minimize any interference with Grantor's
nonnal operations on its parcel and shall not block the ingress and egress of Grantor's customers
and licensees to or from GRlIltor's ParceJ at any time. After installation or maintenance of the sewer
main within the Easement Area, Grantee shall restore the surface of the Easement Area to the
state and ,condition it was in prior to such installation or maintenance. All costs relating to
maintenance of the Shared Main shall be borne equally between Grantor and Grantee.
6. Attorney's Fees. In the event that either party seeks to enforce this agreement or
to interpret any provision of this agreement, by law or through attorneys at law, or under advice
therefrom, the parties agree that aU costs including reasonable attorney's fees (including charges
for paralegals and others working under the direction or supervision under such attomeys), whether
or not suit is brought, and whether occurred in connection with settlement, trial, appeal, bankruptcy
or other creditor's proceedings or otherwise, shall be awarded to the prevailing party.
7. Notice. Any and aU notices required or contemplated hereunder shall be provided
by certified United States Mail, or hand delivery and shall be deemed delivered Three (3) days after
the mailing date, if mailed or upon receipt if by hand delivery.
8. Governina Law. This Agreement shall be governed by the laws of the State of
Florida, and shall be enforced only in a court of competent jUrisdiction in Pinellas County, Florida.
9. Severanqt. The invaUdity or unenforceability of any portion of this Agreement shall
in nowise affect the remaining provisions and portions hereof.
10. Bindina Effect. This agreement shall bind the successors, heirs and assigns of the
parties hereto.
11. CaDtions. The paragraph captions used throughout this agreement are for the
purpose of reference only and are not to be considered in the construction of this agreement or in
the interpretation of the rights or obtigations of the parties hereto.
(LVqc
PINELLAS COUNTY rLA.
Orr,REC.8K 11288 PG 1348
STATE OF FLORIDA
COUNTY OF PINELLAS
A The f~9ing Easeme~ Agreement was ackn.PJlledged before me this / ~day of
~,Jj'y-1'-/Z) UI1-.z:(!8AJf!I:::LI) as the ~ of , RUSTLEWOOD
CONDqMfNIUM ASSOCIATION, INC". who did not take an oath and who produced a(n)
as identiflCalion. :.n~ ,_ J2tZ p _
.~~">.\ Gbr~lJoyW ~:WO;:Y4C.
.{ , ,: i.1 MVCOMMISSIONICC729828 EXPIRES
::'~~,~~~:,,~.: March 31, 2002
,~".:,'$.' aUNDtD rHllUlROYF~1NSIJRANq INC. My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
-e.. _ The foregoing Easement Agreement was ~ow/edged before me this /2 day of
'TtD ~ --;;M'm,3'.Keau~ asther-~~ of, TRACKER CORP. who
did not take an oath and who produced a(~\A$ LUf. as identifi~ca' n. ,
~ 11 ~~~ ~~ ~___
Notary Public ~
Printed: H,,(' JIf"" A. -r IT..,€.<.ALD
My Commission Expires:
~ - -
- - -
MIRIAM A FITZGERALD ~
Notary Public - State of Florida
My Commission Expires Dee 22. 2002
Commission # CC 795152
-
.,.,.
- ~--
PINELLAS COUNTY rLA.
Orr,REC,BK 112Ba PG 1350
12. Time. Time is of the essence to this agreement.
13. Entire Aareement. It is agreed that this document contains the entire agreement
between the parties as to the matters herein contained and the agreement shall not be modified
in any respect except by an amendment in writing signed by all parties hereto.
IN WITNESS WHEREOF, the undersigned have executed this Easement Agreement to be
effective as of the date above written.
WIT~
Printed:~m- L ~
~d~c
GRANTOR
RUSTLEWOOD CONDOMINIUM
ASSr)1A TION, INC. '
By.: ZJ~u J AJ (7"",& ;,J '
Its: j)ft ~~ I b e. ~r-
~.~H.~,!f;;l.,
,.,i.~~ ~?, .".,: '~I".'
Pfku<n~~~f~
, ..........
..- -,' ,- -..
,. (0._\":' #.
~~~~~, L TD., ~~F/~j;tt~~tim~ t e~".
Partnersh~p : u ~..- (.r,"-.l',:~:: ~'.
BY: TRACKER CORP., iti, ~~et'al .PJ~.t:ne't"
:~<>~" :~;
'U'~" .cli-
" P "d' , t ' .,.,iff
rWIn, reSlan .i'''.:'~''
EXHIBIT "A"
PIN~LLA5 COUNTY rLA,
Orr.R~C.eK 11288 PG 1~51
Grantee's Parcel
~
.
, · LEGAl. DISCRlPTZON
-
, -.
II INQJ.AS COUNTY F"LA ,.
orr . Rtc . SIC '10936 PG 2573
.'. '.'" " ..
~':;;'l?:'!S;;/!i( ,'," :,' "::.' ",: ,i, ',,' :' :'" ,,'" ",' ,;
~ :\:. ,','::':':; The ~wlnQ ~I* IIncIIIn '~ eounrt, flotIdi, to wit:
" " , " , . ,',' " . ' ,'" . .. , I
".'i';, ~ It thlNorthwateomer,otthe'Southwllt '4 or SlctJon29"To~PZ8 South, Ranilj;:, ',!
16 Eut anet rvn thence North8NO'03-East along the Eat and Wilt centerline orlllclSectlon a ':', ,,','
distance ot725.00feet: thence South 0-01'22- West, 33.0 feet to. POINT, OF 8EGINNING: thence
continue South 0-01'22- West, 208.71 teet: thence South 89-40'03- West, 104.31't.et: then~
North Qt01122- Eut" ~.71 feet; then~ North 89-40'03- Eat, 104.36 teet to the POINT OF
,;::~i'(,.'!',,:";:.:/ ,::i;,'/i\,~,~~,~~,,~,t;.~~, ':,:,::,..':",,':; '/',', ' . ':: " ,',.., ,..,~'\...I:L:,.;~,'~I}.~':j'",,;:if;,':.:.~:,.tr.~i.~.:i::'~' '.'.
,"", . .1....",.'rOGIiTH. wrrH',,, , , ',...,....' "j". :,l4q...... ". ;"ll,'1'lI'r ",}l"" ,,,,,,,:r, 1)..'.., '
l",!:.}.j1.n ;.{i,..""J'i" :.,>~ < ",1 ::, ,;,;; '.:\... ;:." ,'. ... .. "" . '.. . '. .:; )"4.'\.,j,i. ",'i.,:;;':~~WtLi>
' , ':. '., Commencing at the Northw_comerotthe'SouChwllt V. of SectIon 29, Townahlp Z8South~ Rang.;,.I}:~;" , :
16 East and rv" thence North 8r40103. Eut along the Eat and Wilt ~nterUn. of Aid SectIon a ' '
dlatance ot 725.00 feet; thence South 0-01~22. Wut,' 33.0 t..tto' . point which II the POINT OF .
BEGINNING. From such PoInt or 8eglnnlng,thence continue South O-O~'22- West, 208.71 feet;
thence North 89-40'03- Eat, 208.71 teet: thence North 0-01'22- Eiat, 208.71 teet; thence South
89-40'.03- Wilt, 208.71 teet to the, POINT OF IEGlNNING.
LES~' A'O 'E~C'EPT 38::' f~~'~;;;g~~"~r{~'ss"'ai~~g 'the northerly 1 ine of the above
descri ed parcels for right-of~way on State Road Number 580.
"
, :! "":i~:"f}:::';
. ,,'
.-\ .
(jL
Qv
Grantor's Parcel
EXHIBIT "B'
o PINELLAS COUNTY rLA
rr,REC,8K 11288 PG 1352
All of the common elements as more particularly
described and set out in that Declaration of
Condominium and Plat thereof for Rustlewood at
Countryside, a Condominiwn as recorded in
Condominium Plat Book 27 at pages 46-51, Public
Records, Pinellas County, Florida.
~~
" J
v -
SKETCH OF DESCRIPTION ~INE:LLFlS COUNTY F'LFI.
' (NOT A BOUNDARY SURVEY) OF'F' .RE:C ,BK 11289 ~G 1353
A tract of land situa~ in the.Southwest ~ OfSec:tioD 29. Township 28 South. Range 16 East, all lying and being inPinellas
County,Florida. for the purpose of which is a sewer easement, and being a portion of that certain tract ofland recorded as
Ruatlewood At COLUltryside ~ A CoodonUnium in Book 27, Pagel 46-51 of the Condominium Record Books of said Pinellas
County, Florida, and being 7.5 feet either side of the followins described center line: COMMENCING at the northwest comer of
said Southwest ~ ofS,cction 29. Township 28. Range 16 East; THENCE N 8911'10'03" E along the East and West centerline of said
Section. for adiitance of725.oo feet; THENCE S 00u01 '20" W leaving the East and West centerline of said Section, for a distance
of 60. 73 feet to a point for comer in d1e south line of State Road Number S80 (variable width right-of.way) as shown on FOOT
map section 15070-2519, (sheets 3 and 4, approved 5125/82, last revised 6116183), and being in the north line ofa tract of land
recorded in Volume 10936. Page 2573 of the Official Record Books, PineUas County, Florida; THENCE S 89039'09" W along the
south line of said State Road Number 580, and along the north line of said tract ofland recorded in Volume 10936, Page 385 of
said Official Record Books, for a diitance: 104.43 to the northwest comer of same, and also being a northeast comer of said
RusUewood At Countryside. A Condominium; THENCE S 00.01 '22" W leaving the south line of said State Road Number 580,
and along the west line ofsaid tract ofland r~rdedin Volume 10936. Page 385 of said Official R~rd Books, same being an
east line of said Ruadewood At Countryside. A Condominium, for a distance of 178.35 feet to a internal ell comer of said
RusUewood At COWUryside . A Condominium; THENCE N 8904010311 E along the south line of said tract of land recorded in
Volwne 10936, Page 385 of said Official Record Books, and along a north line of said Rusdewood At Countryside. A
Condominium, for a distance of 254.5 I feet to the POINT OF BEGINNING; THENCE S 00019'54" E leaving said north line, and
leaving said south line. for a distance of253.13 feet to the POINT OF TERMINUS of said centerline ofa 15.0 foot wide Sewer
Easement. .
:> PQI'tlol R.,.ose of L.ose to FOOT
- Book 1011. Pog. 247 and
STATE ROAD NO. 68D 0 Book 855. Poge 385
' EOII W..l Cenlll'tlne Sec:lIon 29 N _ P'R.~P'C.F'
rN 89'40'03" E · ~p ~ '
q ,,' 725.00' - 8 ~- - -
CI';'" ~ .J~~~ Vl________ __ ,
Q~~" ~!I S 89'39'09" W ' 312.97
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:to . -k,ofIJ C'4 ~ ,
# , "~~ ' ~, ginS + / - 201 J
cP .~~ rsf 3: ~ ~ '~C~~?G
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N.B.L RUSTLEM)()O AT COUNTRYSIDE
N 89'40'03" E'
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. ,LEGEND
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c:J ClIIIC
,
EXHIBIT "e" ... Le2al Description of Easement Area.