SEWER ONLY - WILLIAM R. AND VIRGINIA B. KIRKPATRICK
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INST # 92-370397
-1f~ 22, 1992 3:32PM
IPINELLAS COUNTY FLA
- ()!.'t<"~~~_=--~!<__~ ~_2 8 PG 15 i 8
AGREEMENT
(Sewer Only)
THIS AGREEMENT, made and entered into this
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property located
11 ~ECORDING Clearwater:
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_1~1O PARCEL A:
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1992, by and between the CITY OF CLEARWATER, a
municipal corporation hereinafter referred to as "city", and
WILLIAM ROSS KIRKPATRICK AND VIRGINIA BARRON KIRKPATRICK, HIS WIFE,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
outside the municipal boundaries of the City of
Lot 17 and the South 88.44 ft. of the West 153.92 ft. of Lot
2, William Brown's Subdivision of Bayview
PARCEL B:
The contiguous submerged and filled lands owned in conjunction
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with Lot 17 of William Brown's Subdivision of Bayview, and
bounded by the South lot line of Lot 17 and the projection of
the East and West lot lines of Lot 17 and extending south into
Tampa Bay approximately 380 feet from the S.E. corner of said
~
Lot 17
and
WHEREAS, the Owner desires to connect his private sewerage
collection system serving Parcel A described above to the City
sewer on the south side of said parcel and is agreeable to signing
an Agreement with the city for municipal sewer service; and
KARLEEN F. DEBLARER
~_~C?~~_V~_RI FIE~_ ._~'i":~g:;R
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PINELLAS
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WHEREAS, the City is agreeable to furnishing sewer service for
said Parcel A 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 the
City's sewer at the Owner's expense.
2. The Owner has paid the appropriate recreational and sewer
fees with their application for the annexation of Parcel A
described above, and further agrees:
(a) that prior to the City releasing the letter to
Pinellas County agreeing to provide sewer service to Parcel A, to
provide the city with an engineering plan, acceptable to the City,
of the piping connection between his sewer system and the City's
sewer, and that such construction will be in accordance with such
approved plan as may be modified with the written approval of the
City's Department of Public Works,
(b) that monthly sewer service charges for units on
Parcel A will be billed by the City on the same basis as for other
sewer users outside the corporate limits of the City until the
passage on second reading of Ordinance No. 5288-92 annexing Parcel
A, after which monthly sewer charges will be billed on the same
basis as for other sewer users within the municipal boundaries,
(c) that within five year of the date of this agreement,
the Owner shall make application to the City for the annexation of
Parcel B described above. There shall be no additional annexation
2
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tINELLAS COUNTY FLA.
OFF.REC.BK 8128 PG 1520
charge, and, if there is no additional construction prior to
annexation, no additional recreation/open space fee for the
annexation of Parcel B. If an application for annexation is not
made within five years of the date of this Agreement, this
Agreement will constitute an application to Annex Parcel B 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;
(d) that it 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
and accepted by the City in advance of obtaining any requisite
permit from pinellas county. Therefore, prior to any construction
on Parcel A or Parcel B, described above, between the date of this
agreement and the annexation of the affected Parcel, the Owner
shall submit to the City site and/or building plans for such
construction, and, unless otherwise agreed to in writing by the
City, any construction shall be in accordance with the applicable
land development, building, and fire codes in effect in the city;
(e) that all of the property described as Parcel B above
shall be deemed a single parcel subject to annexation as provided
herein, and any sub parcels of Parcel B which are created by
subdivision or by any other means shall be included for the purpose
of the subsequent annexation procedure, subsequent sale and
individual ownership not withstanding;
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PIlELLAS COUNTY FLA.
OFF. REC. BK 8128 _~~_1_5_~_1
(f) 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 the heirs, successors and assigns of the Owner;
and
(g) if the Owner or the heirs, successors, and assigns
of the Owner, shall default in the performance of the terms and
provisions of this Agreement, and the City institutes 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 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 attention of the City Manager,
P.O. Box 4748, Clearwater, Florida 34618, and to the Owner at the
address for the Owner according to the property tax rolls of
pinellas County, Florida, or as may be furnished by the Owner from
time to time.
This Agreement shall be recorded in the public records of
Pinellas County, Florida.
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I PINELLAS COUNTY FLA.
~FF.REC.BK 8128 PG 1522
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
~cie.
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Willi.. Ross Kirkpatrick and Virginia Barron
Kirkpatrick, to me well know and known to be the individuals described in and who
executed the foregoing instrument, and they severally acknowledged before me that
they executed the same for the purposes herein expressed; and that said
instrument is their free act and deed. tA ~
WITNESS my hand and official seal this ~day of ~ ~~ .
1992. -
N~o;~-tt"-'- ~ r2 ~.I! f3
Print/Type Name: .h'llVIJ,u/lJc ~ ,oytsff
".~':A\'rV"" LAVONNE S. BOYETT
!:f,~' .~~" MY COMMISSION' CC 187841
k:. ''1' EXPIRES: April 5. 1996
"4-i';;;' ~.. Bonded Thru Notary PublIc Underwr\tlt'l
"'11111" .'
By
FLORIDA
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STATE OF FLORIDA
COUNTY OF PINELLAS
,.f?;
above
He is
BEFORE ME personally appeared Michael J. Wright, the City Manager of the
named city, who acknowledged that he executed the foregoing instrument.
personally known to me and did not take an oath.
WITNESS my hand and official seal this ~day of !;Jf\j/r~JJI.^) , 1992.
,."11",
~~:"or...r~~ DENISE A. WILSON
N"JJ;."\.~ MY COMMISSION # CC 201408 EXPIRES
~.~~~V June 18, 1996
"''f..i!f.,~'t., BONDeO THRU TROY FAIN INSURANCE, INC.
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PROPOSED ANNEXATION
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LAND .USE PLAN AMENDMENT and ZONING
OWNER A, qt-,\ ~UP ,ql-18 N
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APPLICANT PROPERTY DESCRIPTION ,- -- :f
lLANO USE PLAN LoT '\7,E.,.P~R" of LO-r '2 0
ZONING 0-
WIL.Ll~M e~oUlN'~ sv BOWl 6\0,,", 0
o'F 'BAYV1EW -,
FROM \H-l CLAS S 1'F t 'EO COUNTY R - 6 :1.. '3 ~ Ul
ACRES Ct
MEnaoM o CtJ S IT'c' RIG H T 0 F. WAy.........
TO RMH pA~T. Ro<JcR4i -;-r
RESl OE:'~TtAL 0, \q ACRES
PLANNING and' ZONINO BOARD I CITY COMMISSIOH
SECTION \7 TOWNSHIP 2.q S RANGE \6 E ATLAS PAOE "300 B
:. M \-\ :::- lv'\ 0 B \ LE HOMES "=VAcA~T
I1Tr~C~IIHEN T . A
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CITY OF CLEARWATER
Interdepartment Correspondence
TO:
Janis przywara."h~ e.' r Legal Staff Assistant
Walt McAleer~
Agreement to Annex (ATA 92-0B-337)
Owner: William Ross Kirkpatrick and Virginia Barron
Kirkpatrick
Legal: Submerged and filled lands owned in
conjunction with Lot 17 of William Brown's
Subdivision of Bayview
Location: South of Gulf to Bay and approximately 800 ft.
west of Bayview Ave.
FROM:
SUBJECT:
DATE:
November 23, 1992
Transmi tted herewith are three copies of the above Annexation
Agreements which have been signed by the Kirkpatricks. These were
executed in connection with the annexation of Lot 17 and Part of
Lot 2 of William Brown's Subdivision of Bayview (A 92-11). Please
have theses reviewed and signed by the Legal Department. After
Legal has signed, please forward them to the City Manager for his
signature. The documents also need to be signed by the City Clerk,
and recorded. After recording, copies should be distributed to
Bill Shepard, Engineering, and to Walt McAleer, Planning.
cc Sue Diana, Assistant City Clerk
Bill Shepard, Engineering
Cron File
RECEIVED
NOV 2 4 1992
CITY ATTORNEY