SEWER - WILD TURKEY LAND DEVELOPMENT INC.CITY OF'CLEARWATER
Interdeputment Correspondence Sheet
TO: City Engineer
FROM: M. J. Paroby., Asst. City Mgr.
COPIES:
SUBJECT: Wild Turkey Land Development Annexation
DATE: July 29; 1976
In view of the City Attorney's ruling that the Wild Turkey
Property cannot be annexed. we should implement th~
annual charge that the property owner is to pay the City
under the provisions of paragraph 2(c). Page 2, of the
Agre:ement. if this has not already been done.
TO: Thomas A. Bustin, City Attorney through.M.J. Paroby,
FROM: C. M. Henderson, Jr., Acting City Engineer
COPIES:
SUBJECT: Wild Turkey Land Development Annexation
DATE: July 26, 1976
CITY OF CLEARWATER
Interdeputment Correspondence Sheet
In accord with a written agreement in 1971, the' Engineering
Department has begun process of annexation for certain
lands owned by Wild Turkey Land Development Company.
It appears, however, that certain City lands must also be
annexed concurrently with the Wild Turkey Land in order
for this to be a legal annexation. Some time in the past
the City of Clearwater Commis sion has refus ed to annex
the City-owned rights-of-way for some reason. Would you
please review .the facts in this particular annexation and
advise us if we should proceed further with the annexation.
TO:
"ROM:
COPIES:
. .
CITY OF CLEARWATER
Interdepartment Correspondence Sheet
Michael paroby, Assistant City Manager
Thomas A. Bustin, City Attorney
Cecil Henderson, Asst. City Engineer
SUBJECT: Wild Turkey Land Development Annexation
DATE:
July 28, 1976
Page 2
Applying the foregoing definition to the problem under consideration,
it appears from an examination of. the print in particular that at the present
time we do not have a boundary of the territory sought to be annexed which
can be said to be substantially coterminous with a boun-dary of the municipality.
In addition, as pointed out in the definition, the City-owned street or
easement colored in orange on the print cannot be used to accomplish this
purpose. It would, therefore, appear that in order to accomplish annexation
we would have to convince other property owners surrounding the tracts in
question to come in under the same ~nnexation proceedings in order to
establish this substantial boundary requirement.
Therefore, it would be my opinion at this particular time based on the
information submitted that the annexation could not proceed in its present
form.
TAB:br
Thomas A. Bustin
City Attorney
CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO: Michael paroby, Assistant City Manager
FROM:
Thomas A. Bustin, City Attorney
COPIES:
Cecil Henderson, Asst. City Engineer
SUBJECT: Wild Turkey Land Development Annexation
DATE:
July 28, 1976
The following is a response to your July 26, 1976, memorandum,
together with the attached material relating to the proposed Wild Turkey
Land Development annexation, in which the question is posed with r'espect
to whether or not this annexation should continue.
I have examined the materials submitted, including the print of the area
involved. The question which arises relates to whether or not this annexation
can be accomplished pursuant to Chapter 171 of the Florida Statutes, which
controls the annexation of land. IInportant to a resolution of the question
is the definition lfcontiguousll found in Section 171.031 (11) which provides
as follows:
"( 11) 'Contiguous' means that a substantial part of a boundary
of the territory sought to be annexed by a municipality is
coterminous with ~ part of the boundary of the municipality.
The separation of the territory sought to be annexed from the
annexing municipality by a right-of-way for a highway, road,
railroad, canal, or utility or by a body of water, a watercourse,
or other minor geographical division of a similar nature, running
parallel with and between the territory sought to be annexed and
the annexing municipality, shall not prevent annexation under this
act, provided the presence of such a division does not, as a
practical matter, prevent the territory sought to be annexed
and the annexing municipality from becoming a unified whole
with respect to municipal services or prevent their inhabitants
from fully associating and trading with each other, socially
and economically. However, nothing herein shall be construed
to allow local rights-of-way, utility easements, railroad rights-
of-way, or like entitles to be annexed in a corridor fashion to
gain continuity, and when any provision or provisions of special'
law or 1awsprohibit the annexation of territory that is separated
from the annexing municipality by a body of water or watercourse,
then that law shall prevent annexation under this act. II
7064468
O.R. 3561 PAGE 88
AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of
June, 1971, by and between the CITY OF CLEARWATER,
a municipal corporation, hereinafter referred to as "City", and
WILD TURKEY LAND DEVELOPMENT, INC., a Florida corporation,
hereinafter referred to as "Owner!';
WITNESSETH
WHEREAS, the Owner now owns the following described real
property and intends to construct certain commercial buildings thereon:
PARCEL # 1: Begin at the SW corner of the NE 1/4 of
Section 12, Township29 South, Range 15 East, and run
S 890 18'15" E along the East-West one-half section line of
said Section 12, 50.00 feet; thence N 000 17'00" E, along a
line 50.00 feet East of and parallel to the North and South one-
half section line of said Section 12, 240.00 feet to the P. O. B.
of this description; thence continue N 000 17 'DO" E, along a
line 50.00 feet East of and parallel to the North and South
one-half section line of said Section 12, 200.00 feet; thence
S 89043100" E, 200.00 feet; thence S 000 17 rOO" W, 200. 00
feet; thence N 89043'00" W, 200.00 feet to the P. O. B.
Containing 0.92 acres, more or less.
AND
PARCEL #2: Begin at the SW corner of the NE 1/4 of
Section 12, Township 29 South, Range 15 East, and go
S 890 18'15" E, along the East-West one-half section line
of said Section 12,50.00 feet; thence N 000 17'00" E, along
a line 50.00 feet East of and parallel to the North...South one-
half section line of said Section 12, 440.00 feet to the P. O. B. ;
thence continue N 000 17'00" E, along a line 50.00 feet East
of and parallel to the North-South one -half section line of said
Section 12, 100.00 feet; thence S 89043100" E, 200.00 feet;
thence S 000 17100" W, along a line 250.00 feet East of and
parallel to the North-South one-half section line of said Section
12, 100. 00 feet; thence N 89043'00" W, 200.00 feet to the P. O. B.
AND
P ARCE L #3: Begin at the SW corner of the NE 1/4 of Section 12,
Township 29 South, Range 15 East, and run S 890 18'15" E, along
the East-West one-half section line, 50.00 feet; thence N 000 17'
00" E, along a line 50.00 feet East of and parallel to the North-
South one-half section line, 540.00 feet to the P. O. B. of this
description; thence continue N 000 17'00" E, along a line 50.00
feet East of and parallel to the North-South one-half section line,
285.24 feet; thence S 89043'00" E, 210.00 feet; thence N 000 17'00"
E, 99.60 feet; thence S 89020'02" E, 390.00 feet; thence S 000 17'
00" W, along a line 650.00 feet East of and parallel to the North-
South one-half section line, 686.57 feet; thence N 890 18'15" W
along a line 240.00 feet North of and parallel to the East-West
one-half section line, 400.00 feet; thence N 000 17'00" E, along a
line 250.00 feet East of and parallel to the North-South one-half
section line, 301. 44 feet; thence N 89043'00" W, 200.00 feet to
theP.O.B.;
and
- 1-
&,$:.. c ->
,
I
I
O.R, 3561 PAGE 89,
WHEREAS. the Owner desires to connect to the City sewer main
and is agreeable to signing an agreement with the City for municipal seWer
services; and
WHEREAS. the City is agreeable to furnishing said services upon
certain conditions and considerations;
NOW. THEREFORE. the parties hereto hereby covenant and agree
as follows:
1. The City does hereby agree, subject to the terms of this agreement,
to permit the Owner to connect to its sanitary sewer main at the Owner1s
expense. The City does agree that such connection for the treatment of
sewage will at all times be continuous, however, the City shall not be liable
for any damage resulting from any unavoidable cessation of treatment 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 normal sewer connection charge to the City on the
same basis as persons living outside the municipal boundaries are charged.
(b) The parties hereto do further covenant that within five (5)years
from the date that said Owner connects to the City sewer main, it shall
petition the City for annexation into the limits of said City and as a matter of
fact, this agreement may be considered a written request to annex at the
expiration of said five (5} year period.
(c) If at the expiration of a five (5} year period from the date of
connection to the City sewer system the above described real property cannot
be legally annexed into the City, then the Owner shall pay an annual charge
to the City based upon the tax revenue that the City would receive from real
property taxes if the property as hereinabove described was in the City, and
therefore subject to a real property tax by the said City. Payments shall be
made on January 1st of each year following the expiration of said five (5)
year period. In the event of annexation as hereinabove provided, the fore-
going annual charge shall not be in effect.
-2-
f",_~I\~:_ !:,. ....
I I a.R. 3561 PAGE 00
(d) The Owner agrees that it will submit all building plans to the
City of Clearwater Building Director prior to obtaining a Pinellas County
building permit.
(e)~ The Owner agrees that this agreement shall be binding upon its
successors and assigns and that the City may record this document if it so
desires.
(f) The Owner agrees that the terms and provisions of this agreement
shall be a commitment and obligation which shall not only bind the present
Owner of said described real property, but shall run with the land and shall
bind and be enforceable against all subsequent owners of said described real
property whether or not mentioned in the deeds to said owners.
(g) 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
reas onable attorney's fee in connection therewith.
IN WITNESS WHEREOF, the parties hereto have
caused~h;is. '<7greement
.....'" ~\ C ,c ",~ :/;' \ i
, (.\\ ..,....,' <'i/
\,1 .. . .
.
. ,\
. ~.' /) i
,R" FilORIDA
~ 1.,./ t' i I .
"i
.....
Signed, sealed and delivered in
the presence of:
I{~c.~
.. '
';(~ / Lv '-6././ L'~
As to C'ty ,
/
WILD TURKEY LAND DEVELOPMENT.
14
B - : ~~~t!;f----'
Attest: -cJ";~' ~
Secre ry
8"~!
l~~~:"S{;}::\ ~
l1,I':
.-::~' ~
...,;' '.
-, ~;;,;
-3-
... JO, ,. "", '
'..-~'"!"' . ,,-
I
I
O.R. 3561 PAGE 91
STATE OF FLORIDA )
)
COUNTY OF PlNELLAS )
I HEREBY CERTIFY. that on this / Jf ~ day of L~ ,
A. D. 1971, before me personally appeared Merrett R. Stierhetfm, Herbert M.
Brown, R. G. Whitehead and H. Everett Hougen, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and officers
described in and who executed the foregoing Agreement and severally acknowledged
the execution thereof to be their free act and deed as such officers thereunto
duly authorized; and that the official seal of said municipal corporation is duly
affixed thereto, and the said agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater i'!i:tln,eCou:n.:tyof
Pinellas and State of Florida, the day and year last above writte:ri., .
My C,pIDIIlission Expires:
Ndtary Public, )tate of Rorida .1 Large
My Com!i1is~ioll Expires Od. 22, 1974
B.nd.d by AmeriCln Fir.s., ,C""'IY. ~l!a
STATE OF FLORIDA }
~
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this r daY~ o' . ...... . ,
A. D. 1971, before me personally appeared FRANK C. LO AN and
VIRGINIA B. SHIMER , respectively Pr . ent and Secretary
of Wild Turkey Land Development, Inc., a Florida corporation, to me known to
be the persons described in and who executed the foregoing Agreement and
severally acknowledged the execution thereof to be their free act and deed as
such officers, for the uses and purposes therein mentioned; and that they affixed
thereto the official seal of said corporation, and the said instrum~nt is the act
and deed of said corporation.
.I
WITNESS my signature and official seal at C
Pinellas and State of Florida, the day and year las
My Commission Expires:
NOTARY PUBLIC, STATE of FLORIDA at LARGE
MY COMMISSION EXPIRES JUNE 16th 1972
BONDED by AETNA
-4-