SEWER AND WATER - WILLIAM G. AND GLORIA J. BLACKBURN
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a.A. 52 1 1 PAGE 1 80
81100930
A G R E E MEN T
THIS AGREEMENT, made and entered into this ~7 day
of O--c"Li...~) , 1980, by and between the CITY OF CLEARWATER,
a rviunicipal Corporation, hereinafter referred to as "City",
and WILLIAM G. BLACKBURN and GLORIA J. BLACKBURN, his wife,
hereinafter referred to as "Owner";
WIT N E SSE T H :
WHEREAS, the Owner now owns the real property, located
outside the municipal boundaries of the City of Clearwater, but
within the City of Clearwater service area, which property is
described in Exhibit "1" hereto attached and by this reference
made a part hereof, and
WHEREAS, the Owner desires at some time in the future
to connect to the City sewer and water and is agreeable to
signing an agreement with the City for municipal sewer and water
services, and
WHEREAS, the City is agreeable to furnishing said services
upon the certain conditions and considerations herein set forth,
NOW, THEREFORE, the parties do hereby covenant and agree
as follows:
1. The City does hereby agree to provide sewer and water
services, subject to the terms of this agreemeOC, and to permit
the Owner to connect to its sanitary sewer and water main at
the Owner's expense. It is understood and agreed that water
service is presently available to the property, but that sewer
service is not now available, and will not be available for
approximately eighteen (18) months from the date hereof, accord-
ing to the best estimate of the City. Owner shall be entitled
to connect as soon as sewer service 1S available and until such
time may collect sewage and deliver same to the sewage treatment
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plant of the City located at the Marshall Street Plant. The
expense thereof to be borne by Owner. 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.
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IO.R. 5 2 1 1 PAGE
161
2. The existing water line is in the right of way of
u. S. Highway 19 and it will be extended to the east boundary
of the property of the Owner described in Exhibit "1".
3. The City acknowledges that the real property des-
cribed in Exhibit "1" will be developed by the owner under the
jurisdiction of and pursuant to the zoning code of Pinellas
County and the Pinellas County Land Use Plan, and will meet
the requirements and standards imposed by Pinellas County in
all respects.
4. In consideration of the covenants and conditions
contained herein on the part of the City, the Owner agrees:
(a) to pay normal sewer and water connection charges
and monthly sewer service and water charges to the City on the
same basis as sewer service and water users outside the municipal
boundaries are charged, as set out in the Code of Ordinances of
the City of Clearwater, Florida.
(b) to pay to the City, the sum of ONE HUNDRED
FIFTY FOUR THOUSAND ($154,000.00) DOLLARS cash in lieu of ten
(10%) percent land donation for parks and recreation, and the
City shall use said sum for public purposes, primarily for
recreation. The said sum to be paid to the City at the time the
land is annexed into the City.
(c) It is agreed that not more than four (4) years
from the date of this agreement the property described in
Exhibit "1" shall be annexed into the City of Clearwater. To
carry out this purpose, it is agreed that Owners may at any
time by written notice to City state their desire that the
property then be annexed. Upon the happening of such event,
this agreement shall constitute an application to annex, and
the City will have the right to immediately initiate action to
annex the property into the City. At the end of such four-year
period, if Owner has not provided the notice of request to annex
as described herein, then, the City shall have the right to
treat this agreement as being an application or petition to
annex the property and proceed to annex such property in the
manner proivded in Chapter 171, Florida Statutes.
(d) The Owner agrees that the terms and provisions
of this agreement shall be binding upon its successors and
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I O.R. 5 2 1 1 PAGE
162
assigns, and the City shall record this document.
(e) 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 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 its is mentioned
in the Deed to said owners.
(f) If the Owner or its successors, or assigns, or
any subsequent owner, shall default in the performance of the
terms and provisions of this ag~emerit, 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.
4. All notices to be furnished hereunder shall be fur-
nished to the City of Clearwater, 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.
By:
and
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O.R. 5 2 1 1 PAGE
163
. STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknow-
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ledgements, personally appeared
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to m~ known to be the persons described in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
WITNESS my hand and official seal in the County and Sta~~.~'~#~;#0il".e-
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said this il day of ,~. .., 19 ,~o.$-~.~~,;o:i~,""-:'~'~:- ",
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My commission expi,res: Notary Public \, '-'-:~_
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STATE OF FLORIDA
COUNTY OF PIN'ELLAS
I HEREBY CERTIFY that on this2~'^iay of
19.!:L, before me personally appeared Anthony L.
Bustin, Lucille Williams, and, Charles F. LeCher, respectively City Map.ager,
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.
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WITNESS my signature and official seal at Clearwater in th7 ,q()~ty
of Pinellas and State of Florida, the
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day and year last above w.ritt'~1'f'~"">'
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My conunis sion expires:
~Jotary Public. State of Florida at Large
'Jy Commission Expires Aug. 28. 1982
Bonded By Amfllt.::an fire & Casually Company
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D.R. 5 2 1 1 PAGE 1 64
COACKMAlf - u. S. 19 TlU.CT
The east 1/2 of tbe SI 1/4 of Sectf.Otl 6, less the e&~t 100.00 feet
the reof for ril... r1 & II t -g f'-w07; 0 D4 tho t par t 0 f the u. l: t n of, ~he
NE 114 of Section 7, lyinl north of the northerly r1&ht-of-wa.y line of
State~oadNo.S90_A. less the east 100..00 feet thereoff~rroad r.1.ght-
of-way,Township29 South ,Raftle 16 East.. Plnellas,Couat,. Florida, 'and
less that property descrihed in the fGl1ow1ftS: O.K.Book 3347'P8&8, 258,
O.a.ab1tk1466,page 1 S6.an& O.lt.Book 4973, ,..e 1988. Publ1cRocorda
of Pinell... County, Florida. SuoJect to ea..mentes and rights-af-way
of r.cor,d.
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C I T Y
OF
CLEARWATER
POST OFFICE BOX 4748
CLEARWATER. FLORIDA 33518
CITY MANAGER
RECEIVED
January 15, 1981
JAN 19 1981
CITY CLERK
Mr. William W. Gilkey
Richards, Nodine, Gilkey, Fite,
Meyer & Thompson, P.A.
Richards Building
1253 Park Street
Clearwater, FL 33516
Dear Bill:
RE: William G. Blackburn - Coachman Ridge
I am in receipt of your 1etter,l dated December 23, 1980, concerning the Coachman
Ridge project and the related agreement to annex. This will confirm that, to the
best of my knowledge, your client's project is in compliance with the terms of the
agreement to annex.
I think the confusion arose from two facts. The first occurred during my discussion
with you and Bill, and my request to have the project reviewed by the Resource
Development Committee, to see if there could be some changes that the staff might
suggest which would be agreeable to Bill and bring the project more in line with
the City standards.
The second point which added to the confusion was the motion approved by the City
Commission which approved the annexation agreement subject to normal administrative
review. This review involved having the City staff look at the project to make
suggestions but because of the clause under paragraph three, that the owner would
comply with standards imposed by Pinellas County and not the City of Clearwater,
other than those included in the agreement. This, therefore, was a change in the
normal administrative review.
The suggestions included in Mrs. Haeseker's letter were, therefore, put forth as
suggestions only and not mandatory. I would ask that they be reviewed again, and
if possible, implemented. In particular, I would urge that a uniform fence be
constructed on all double frontage lots. This recommendation is based on our past
experiences and would make for a more esthetically pleasing development.
"EQUAL EMPL.OYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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Mr~ William W. Gilkey
January 15, 1981
Page Two
I ho,pe that this clarifies my position. One item I do recall being discussed
with you and Bill was assurances that the cul-de-sacs would be so designed to
ensure our Sanitation trucks can maneuver. I am assuming that this is being
accomplished.
,I also understand that a request was made to show where the underground utilities
were located. If this has not yet occurred, I would appreciate your sending such
copies to Utilities, Public Works, and the Fire Marshal.
Very truly yours,
City nager
cc: Elizabeta s. Haeseker
David ,Healey
Max Battle
Lucille Williams
Tom: Bustin
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LAW OF'F"CES
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RICHARDS, NODINE, GILKEY, FITE, MEYER & THOMPSON, P. A.
RALPH RICHARDS (1593-1950)
WILLIAM W, GILKEY
JOHN o. riTE
LARRY K, MEYER
DENNIS P. THOMPSON
JOHN E. SLAUGHTER, JR.
EMIL G. PRATESI
.J, MARVIN GUTHRIE
R. CARLTON wARe
DAVID E. PLATTE
RICHAROS aUILOONG
1253 PARK STREET
CLEARWATER, F'LORIOA 33506
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(803)443-3281
WILLIAM E. NOOINE
OF COUNSEJ..
December 23, 1980
SALL.Y FOOTE CORCORAN
GARY R. PRESTON
ROBERT O. SAMMONS
ROBERT M, PETRILLO
Mr. Anthony L. Shoemaker
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33518
RE: William G. Blackburn - Coachman Ridge
Dear Tony:
We are having some concern over the position of the
Clearwater Resource Development Committee and the recommendations
that they are making pertaining to the development of Coachman
Ridge.
Tom Chesnut and I attended the committee's meeting on
November 24th and it was our feeling that we should do so if
only as a matter of courtesy. That if the committee had some
recommendations that would not materially affect the plan for
development that we would attempt to comply with them.
A number of their concerns we could not comply with but
we asked that whatever they had in mind they put in writing so
we would have an opportunity to examine it.
I am enclosing herewith a copy of a letter from Betty
Haeseker dealing with the subject matter and we must state that
none of the recommended actions set forth in this letter can
be met.
Our annexation agreement, the text of which was approved
by the City and adopted by the City Commission, provided for
development based on County standards as we all know. Development
is moving forward rapidly, based on the County standards. We simply
have concern over the import of the content of the RDC letter. It
must be made eminently clear to all concerned that we are performing
under our agreement with the City and I would appreciate some
I
Mr. Anthony L. Shoemaker
December 23, 1980
Page Two
I
advice from you as to what action is expected of us in light
of the RDC letter. The fact of the matter is we are beyond
the point of no return and have been for sometime, all in
reliance on our annexation agreement.
Awaiting your advice, I remain
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Yours very truly,
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cc: Mr. William G. Blackburn
Mr. David P. Healey
Mr. Max Battle
Enclosure
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C II T Y
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CLElRWATE
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POST OFFICE BOX 4748
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CITY "'A"'AGER'
December 17) 1980
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Mr. Tom T. Chesnut
1737 Brentwood Drive
Clearwater, FL 33516
Re: Coachman Ridge
Dear Tom:
At the City of Clearwater Resource Development Committee Meeting of ;
November 24, 1980, I understand that you asked for written comments
from certain members of the CotIllI1ittee. ' .
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Comments from the Director of the Traffic Engineering Departme~lwere
forwarded to Sandy Lloveras on or about December 2. I have attached
a copy for your information.
Neither the Utilities Department nor the Fire Department can respond
until they receive a complete ~ster layout of the proposed water
mains with their sizes indicated. When the Committee met these depart-
ments were told that they would receive a set of these plans.
The Planning Departmen~s comments are as ,follows:
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1) Road right-of-way widths within the subdivision plat for Tracts
A-I and A-II, with the exception of the two main collector streets
are 50 feet in width and substandard according to City standards.
Similarly, pavement width does not comport with City requirements.
2) Urge that the cul-de-sac, which terminates the entry street from
Old Coachman Road, be extended through to COachman R.1dge Boulevard
so as to connect the collector street system in a manner more
directly related to the points of ingress and egress to the sub-
division.
3) Provide for connection of Beville Road from the north in Coachman
Lake Estates to the proposed Coachman Ridge Boulevard. It is the
Planning Director's underRtanding that the County relented on the
requirement to make this connection in view of the opposition from
the Coachman Lake Estates Homeowners Association. However, the
City's Planning Department does not believe such self-interested
opposition represents sufficient reason for approving inadequate inter-
connection between the existing and proposed road system.
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"Equal Employment and Affirmative Action Employer"
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December 17, 1980
Page 2
Mr. TOm Chesnut;
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4) The DepartmeIlt belif!vea it would be 1:emias if it dj,d not 1nQioSlt Qn
and optai.n' a landscape/fence plan for tho~e double frontage lots
al<;mg'both Coachman Road and Old Coachm8.n Road. Absent, some uniform
and acceptable provision, the City will be inundated. with individual
requests for variances and the same horrible hOdgepodge created in
Northwood Estates with respect to double frontage lots and the
.-.' ,:es~ltant fencing. .
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It appears that members of the Resource Oevelopment COmmitt6~ &11 have
concerns about permittins this major develo{Jment .to go forwa:d ~ithout
meeting, City t~quirements. We are well aware that this area will be in-
corporated within a periQd of four years and we object to letting it, go
fo~ard without meeting City 1:equ1rements.
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; ," Assi,stant~ty Manag~
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Agenda No.'-- ..... .9<<:'
Ue<<lnDate: lO~2-80.
MEMORANDUM TO:
,..heCltyC~mrnlssionof the City of Cleat water
S.U.. .s.'.....J... ...E.. .. ..C..T. Agreements to Annex fOr .properti.e. s Identifi.ed 011 Attached Ma.p,
:. . ... .... .: SEJa: and SWl( of Sec. 6-29S-16E and NE~ and NW~ of Sec. 7-29S-16E
RECOMMENDATION:
Ci.t~.o~~-::.s:~~~12ri.::d...ri~:et:;:::~~n~:rp~o t~~::~::~:Cttr:::::r:~;:~11 'Qf...a
Sa.nita1"ySew.-ge wiUbecontmued until sewer service is available and submittal
of1"evised legal deacripti<;lns acceptable to the City Engineer.
a And that the appropriate officials be authorized to execute same.
BACKGROUND:
T~ere are twoseparata Agreements to Annex property west ofU.S.19 north
and south of N. E. Coachmaa Road.. One Agreement is applicable to 1:hose
properties identified as 1'arcel VII. The applicant is requesting City water
and sewer service for this area which has been the sub j act of an amendment
reql1est in the CQURtyto classify the area as COllDlercial on the County zoning
atlas and Residential/OfficelRetail on the County Land USe Plan. To satisfy
tb.e. park dedication requirement, the applicant has agreed. to pay $lS4,OOO,an
amount eq~alto 10 percent of the appraised value of the 44 acre parcel.
Th~ s.econdAgr.emeat applies to the remaining subject 1and.$lessParce1VII.
Citywateraadsewer service is also' beag requested for this~Pl"operty.. . The
applicant has agreed to dedicate.those lands identified as Parcel V as park-.
land in order to satisfy the park dedi.cation requirement. Parcel V contains
9.7 acres M.O~L.ande~uals approximately 8.St of the 114 M.O.L. acres con,-
side red in the Agreeme:n.t.
Parcel Vrr,is classift.clon tIUt....City Land Use Plan as ResidentiallOrfice'and
Co.ere;al/Tourist Facilities. There are severalellvironmental constraints 0
thes.ite. The rellain.illgproperty is classified as Low Density Residential.
The applicant has acned' .t.o annex into the City within four years from the
date of approval of the Agreeaents. The property included in the Agreements
was acquired from the Coachman Estate, a portion of which property was the'
subject of a previous agreeaent with~Gity whereby, among other things,
the City provided the right of connection.to the City sewer system for the
CoaclimanLa~eEstates and other propertieS of Coachman Properties,' Inc.
abutting the trunk lines.
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CQrntniesion OilflOSifion:
Follow-up' Action:
,Submiftedby:
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aUyMonoger
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C Affected
Partie.
Notlfled
Paper: ofM..tl",
IJIlIetRequlred. Dtot ........
GAQinaftnQ Department:
Planning
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Coats:
FundinG Source:
CJ-CiJpitGl-tmprove-
meAt Buctqet
o.QperatJaQaudQet
a Other
Drawing
Agreements
(2)
Agreement
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Reference
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RICHARDS, NODINE, GILKEY, FITE, MEYER & THOMPSON, P,A,
RICHARDS BUILDING
RA~PH RICHARDS (1693-1960)
WIl.L.IAM W. GIl..KEY
1253 PARK STREET
C~EARWATER, F'~ORIOA 33516
.JOHN O. FITE
(813) ......3-3261
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WILLIAM E. NOOINe:
OF COUNSEL
1-ARRY K. MEYER
DENNIS ~. THOMPSON
JOHN E. SL.AUGHTER, .JR.
EMIL G. PRATESI
J. MARVIN GUTHRIE:
R. CARLTON WARD
DAVID E. PLATTe:
June 15, 1981
SALLY FOOTE: CORCORAN
GARY R. PRESTON
ROBERT O. SAMMONS
ROBERT M. PETRILLO
PATRICK T. MAGUIRE
Mr. Anthony L. Shoemaker
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33518
RE: Blackburn-Coachman Agreements to Annex (2)
Dear Tony:
We appreciate your attention to the Annexation Agree-
ment and the revision of the legal descriptions which were
sent to me by the City Clerk's office this past week. Mr. and
Mrs. Blackburn have signed the revised legals attached to the
agreement and one copy totally executed is returned to you
herewith. This agreement has a red x in the upper left hand
corner.
As you know there is another Annexation Agreement
bearing the same date which covers the commercial tract on 19
and requires the payment by Blackburn of $154,000.00 in lieu
of 10% land donation. This agreement was executed by the
Blackburns and a copy is enclosed herewith and is marked with
a blue x in the upper left hand corner. I assume that the
City has executed this latter agreement but we have never
received an executed copy.
I believe you are now ready to record both agreements
and I ask only that you send us a machine copy of each agreement
showing the recording data.
As far as I can determine, this will complete the
matter and again our thanks and appreciation for your cooperation.
,
YOU; ~er~lY'
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!1r. William G. Blackburn
Enclosures
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C I T Y
o F
CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R. F LOR IDA 3351 B
OFFICE OF
PLANNING DEPART....ENT
December 26, 1980
Mr. Fred Marquis
Pinellas County Administrator
315 Court Street
Clearwater, FL 33516
Re: Agreements to Annex - Blackburn Land Development Corp. and
the City of Clearwater
Dear Fred:
The City of Clearwater recently approved Agreements to Annex for
the above referenced properties which are identified on attached
maps numbers 1 and 2. Subsequent to the execution of these agree-
ments it was discovered a parcel containing 0.54 acres, as noted
on map number 3, which was to be a part of the parkland to be
dedicated to the City had previously been conveyed to Pinellas
Coun ty.
In light of the above circumstances and the City's intent to
develop the remainder of Parcel V as parkland, we are interested
in the existing and contemplated use of this 0.54 acre parcel of
Pinellas County.
We would appreciate any information you could give use regarding
plans for the use of this property by the County and how it may
be integrated with the City's use of the remainder of Parcel V.
Sincerely,
Anthony L. Shoemaker
Ci ty Manager
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Mr. William W. Gilkey
Attorney at Law
Nodine, Gilkey, Fite,
Meyer & Thompson, P.A.
1253 Ps=k Street
Clearwater, Florida 33516
Dear Bill:
Tnsnk you for your letter of ~ovember 17 concerning the 0.54 acres
o~ed by Pinellas County and originally included ~ith1n that property
to which t.~e Blackburn-Coachman agreement to annex ap!,lies.
I am in the process of contacting the County ~ith respect to their
contemplated use of the property ane will 3cvise the Engineering
and Leg2l Departments in order t~at the legal desc~~!'tion can be
appropriately modified. I will also pursue ~ith the City ~~n36er
our desire ~ith ~espect to adjust~ent to the agreeoent to reflect
the reduced acreage being conveyed to the City es part of the ?erk
cedication requirement provided for in the annexation agree~ent.
i'~en I pull the various pieces together, I will get back to you ~ith
e proposed resolution.
~ana you for bringing this ~atter to our atte~ticn 3t an early cate,
end we will work with you to address it aE is necessary.
Sincerely,
David r. Healey, AICP
Planning Director
DPH:bd
J L....W O....'CES I
RICHA DS, NODINE, GILKEY, FITE, MEYER & TH~MPSON, P,A,
RICHARDS BUILDING
!'='....L.P.... RICHARCS (leg3-l'IiteO)
1253 P...RK STREE:O
CLL'RWATER, FL.ORIOA 335115
WIL.,U....""" w, GILKE."
(8'3) ......3 -328'
701\. """ ,J 0-
t'?\ .u:. C. I... ..J
WILLIAM E NODINE.
0" COUNSel.
JOHN O. "'TE:
~RRY 1<.. MEYER
DENNIS P. THOMPSON
JOHN E.. SLAUGHTER..,JR
E:MIL G_ PR....TESI
_I, M....RVIN GUTHRIE
~ CA,CI:!-Tt:":lN w....RD
CAVID E PLA.TTE.
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November 17, 1980
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SALLY FOOTE CORCORAN
GARY R_ PRESTON
ROBER" O. SAMMONS
NOV 17 B8D
pLA.l-iN!N~
D EP Arrn.ffiN;f,
Mr. David P. ~aley
Planning Director
City of Clearwater
Post Office fOx 4748
Clearwater, Florida 33518
RE: Blackbum - Coachman - City of Clearwater - Agreerrent
to Armex
Dear David:
Since the closing of the CoacllIT8I1 property arrl the Annexation
Agreerrent with the City, v..e have had called to our attention t11at a
cer-....ain quit claim deed given by Coac."man properties, Inc. to pinellas
CoUl'1ty, a G:)PY of the deed is enclosed herewith together with a copy
of Lloveras' survey srowing t.'1e location 0 f the property CDv"ered by the
quit clill.m deed.
You will see Lloveras indicates that v..e are talking al:out 0.54
acres that was included as a part of the tract to be conveyed to the City
under the Annexation Agreerrent.
We have just learned of the situation but the tlrrust apparently
is that the County owned 0.54 acres of what we t.'1ought v..e ONned and
agreed to convey to the City. I wanted you to mo.v of this situation
and v..e can either anerd the agreerrent to correct the legal, or at the
tiIre of conveyance, can less and eXCEpt the 0.54 acres. In vie.v of the
fact that the conveyance to t.'1e City will not take plaCE for F€rhaps
four years, it v..ould probably be best to arrend the agreerrent SC! there
is no uncertainty. I am curious as to wnat the O::n.mty uses the pro;:erty
for and it my well re that the County '<M:luld be willing to convey its
interest to the City.
In any event, I wan,ted you to know what the situation is and I
v..ould appreciate hearing frCJIn you at your earliest convenience.
We are also waiting to hear from you with regard to my letter
of roverrber 4th referring to the $450.00 which we feel should not l::e p3.id
until the a.rln2Xation.
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YOUIS---very truly-,
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wuliam h'. Gilkey /
Mr. William G. BlackbUITI
Mr _ Sandy Lloveras
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO: Lucille Williams, City Clerk
FROM: Thomas A. Bustin, City Attorney
COPIES:
SUBJECT:Agreements with William G. Blackburn
DATE:
June 22, 1981
Attached hereto are fully executed copies of subject agreements.
These should be recorded at once.
After they have been recorded, William W. Gilkey, attorney for Mr.
Blackburn, would like a copy of each agreement showing the recording
data sent to him.
TAB:br
Atts.
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