5429-930 fo?
ORDINANCE NO. 5429-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING A PORTION OF A FIFTEEN-FOOT UTILITY EASEMENT
LYING WITHIN LOT 14, BLOCK "G", SALLS' LAKE PARK SECOND
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been requested by Beneficial Savings Bank, owner of certain
real property located in the City of Clearwater, that the City vacate a portion
of a utility easement described herein; and
WHEREAS, the City Commission finds that the portion of the easement is not
necessary for municipal use and it is deemed to be to the best interest of the
City and the general public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section I. The following:
The Southerly 1.5 feet of the Northerly 15 feet of the Westerly 32
feet of the Easterly 47.0 feet of Lot 14, Block "G", Salis' Lake
Park Second Addition, as recorded in Plat Book 69, Page 91, of the
public records of Pinellas County, Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public
records of Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING July 15, 1993
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and
and correctness:
/I % I-)
M. A. Galbraith; Jr
City Attorney
Mayor-Commissioner
Attest:
Cyn i a E. Gou eau
Cit Clerk
spa 9-93
0%
• .1
1.
N
scat E+ N.T.S.
47.0'
15' U111. Easm 1.
320'
1 r? r,
Requested vucalion I
by App/icanl I
i
Sol Is Lake Park
? r
P. B. 69 -- 97 E
N
O
W
2 nd Addition
n
I
!4
i
CATHERINE
Note: This is not a SURVEY
f•
s
QR.
It Beneficial Savings"
Vac No.. 93- 05
Sect ion 5- 29 - 16
Drown byt D.D.M.
Dole 6/9/93
II nP!(f r1 hr.) I F,1r
•
A,':; , .
160o 70
??f. l? ._ . _C
cL
o
M 7 f;
0 t' C r. r- r(
INST # 93-240698
AUG 20, 1993 5:09PM
ORDINANCE NO. 5429-93
•
PINELLAS COUNTY FLA.
OFF.REC.l3K 8377 PG 332
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING A PORTION OF A FIFTEEN-FOOT UTILITY EASEMENT
LYING WITHIN LOT 14, BLOCK "G", SALLS' LAKE PARK SECOND
ADDITION; PROVIDING AN EFFECTIVE DATE.
`?- WHEREAS, it has been requested by Beneficial Savings Bank, owner of certain
T 7TV -01" -real property located in the City of Clearwater, that the City vacate a portion
' of a utility easement described herein; and
D/y WHEREAS, the City Commission finds that the portion of the easement is not
necessary for municipal use and it is deemed to be to the best interest of the
City and the general public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
The Southerly 1.5 feet of the Northerly 15 feet of the Westerly 32
feet of the Easterly 41.0 feet of Lot 14, Block "G", Sails' Lake
Park Second Addition, as recorded in Plat Book 69, Page 91, of the
public records of Pinellas County, Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public
records of Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING July 15, 1993
S
}
x
a
W
U eJ
W 9" i
x?
a`?a w
Q H
wy
z
wa
0 0
PASSED ON. SECOND AND FINAL
READING AND ADOPTED
This itr•tri a.:?f ?,„ l r: ;.:;rea; hy:
:??': :1t1t•riti?f•
O'ytor 0!%t:;.,..;e:..1'. r.. rr: !°
C.It':.. . :1• '*? ? L ...:fit' i f•?il
Approved as to form and
and correctness:
/I
M. A. Galbraith
City Attorney Lre
i x RETUPM TO:
CITY CLERK
P0ST 071"T F'OX 47,18
CLCARV,!ATER, FL 34618-4W
ti 4
.7
ugust 4, 1993
Hita uarvey
Mayor-Commissioner
Attest:
ii?.,E. Goudeau
C i.1: CI erk .
I hrn,lry cprtilyy?tluit tUs Is a Into ns.1
crnrrt•ct coj's,ul?tl;rs uri}•,istal its it
uppe?.0, uitls't files of itic City o
(.k ur?v?trs. tit'" ioy li'ati l and
-ofticial ,A of tltr Gity ul (ar.uti?' ue i.
This L. 0-t%ly, r ?a L? 1 U91
L ,
?N.s?t • cite , tai I` .
INST # 93-240699
AUG 20, 1993 5:09PM
AGREEMENT PINELLAS COUNTY FLA.
{Sower Only1 OFF.REC,BK 8377 PG 334 -oy THIS AGREEMENT, made and entered into this/day o , 19 by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referr to as "City", and
Robert B. Lemon and Linda Lemon
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:
,1 r3t_C01?Gi1'1G Lot 9, Block 6, Virginia Grove Terrace Third Addition, according
`,/ 0 00•7 o to the map or plat thereof as recorded in Plat Book 37, Page 74,
Public Records of Pinellas County, Florida
and
I'
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.
1. 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;
(151 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;
(c1 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 1 16.40 thr-,ugh 116.5 1, Code of Ordinances,
In particular, the owner shall either;
111 pay the required recreation facilities fee if this is the only fee require at the time this Agreement
is submitted for processing, or
f 12) place in escrow a deed transferring title to land or a promissory note made payable to the City
N 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 Agrewnent
will constitute an application to annex at that time, and the City will have the right, upon sixty IGOi days written
RETMI t he property owner, to initiate action to annex the property to the City;
CITY CLERK KARLEEN F. DEBLAKER, CLE RK
POST OFFICE BOX 4748 RECORD VERIFIED BY: 6 G-
GLEEARWWATER, FL 34618-4748.
1
let , 0 it is to the mutual benefit of the Owner and the City, in recogplt , i 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 assign's 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 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:
G'L tGc?
i3y
O
1*
M
Mz'
n?
?r
Cn
00
wn.
V 0
1 ?
H
ty
C?a
t,.e .
tri
STATE OF FLORIDA } 61-6 PP 7?ZI jf OR
COUNTY OF PINELLAS 1 D1 L?b_-7(,7- -?? ?iQt. a -\- -?Q3
BEFORE ME personally appeared ?7r?c-T [a• t-em , and U 0 DA c. • LawoN
to me known to be the individual(s) described in and who executed the foregoing instrument and severally f (?aosb
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}.
el NESS my hand and official seal this day of 19 t f
:f Notary.Public
' Nota. V c ame (print/type) R0Bff1TA L. GLUSK1
NOTARY runr.Ie, STAT¢ OF FLORMA, .
My Commission Expires Cwfxfi%. My F U.mr:c?ti?ri?I; i'195.
N>Z ICrRU-NOTAlY I'11L1lC L11I Iti'1lilEr't?
.. " h 1
M'.'
i+ut?trs?+,Klxi4s?"r??f.?'?`f?"?','33?!911?1Y1x4±d!Sikh+wnrrrr'.'rn?:r...?....-•--- .?,i. .
CITY OF CLEARWATER, FLORIDA
PINELLAS COUNTY FLA. t.
OFF-REC
y. .. i, . BK 8377 PG. 335 r
Michael Wright
City Manager ' `?,•?•••"
M lv
}
Cyn a E. Goudeau V p
City Jerk J!'
STATE OF FLORIDA I
COUNTY OF PINELLAS I
BEFORE ME personally appeared Michael J. Wright, the City Manager of the above-named City, who
acknowledged that he executed the foregoing instrument. He is personally known to me and did not take an oath,
WITNESS my hand and official seal this day of 19
otary Public DENISE A. WILSON
W COMMISSiDN x CC 201408 EXPIRES
Notary Name {print/typel June 18, 1996
- - - - - vq;,,?. ' 801iDE4'iriR1i 7AOV FAiN lFrStIR?HGE, INC.
My Commission Expires;
Approved as to form and correctness:
?r
S.A
M. A. Galbraith, ?, City tto ney
i
I .
••r
3
?r