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SEWER - JAMES N. AND JEAN A. SMITHKEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2009084210 04/0212009 at 10:14 AM OFF REC SK: 16542 PG: 1678-1680 DocType:AGM RECORDING: $27.00 A.T.A. 09-04-492 AGREEMENT old THIS AGREEMENT, made and entered into this ;27 day of-_ , 2001 by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City," and James N. and Jean A Smith 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: Parcel No. 02/29/15/16470/003/0050 Lot 5 , Block "C" , Clearwater Highlands Unit "B", according to the map or plat thereof as recorded in Plat Book 30, Page 20, Public Records of Pinellas County, Florida. Also known as. 1856 West Drive Clearwater, Florida 33755 and 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; b) 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; c) 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 116.40 through 116.51, Code of Ordinances. In particular, the owner shall either: (1) pay the required recreation facilities fee if this is the only fee required at the time this Agreement is submitted for processing, or (2) place in escrow a deed transferring title to land or a promissory note made payable to the City 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 Agreement will constitute an application to annex 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; (e) 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. 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 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 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 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, 33758-4748 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: STATE OF FLORIDA) Cwt, vmpw-p- AAELOws COUNTY OF PINELLAS) BEFORE ME personally appeared L,-k 5 A-, S to me known to be the individual(s) descri ed in and who executed the f_oreao 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(s). S Lk C. NO 5530 -45`l- 3-7-1 1b-0 FLA. ! T64N'% Luc, AW 5 5'30` W(D1 -1- (,31 `0 FL.A WITNESS my hand and official seal this fo1* day of 20-0 q-. ?_ ?? L?? Notary Public Notary Name (print/type) My Commission Expires: NWO Fdit - 511M d Fk" COMM*" 0 W $"III ,. F CITY OF CLEARWATER, FLORIDA Attest: By: William B. Horne II City Manager U Cynthia E. Goudeau City Clerk .? STATE OF FLORIDA) COUNTY OF PINELLAS) BEFORE ME personally appeared William B. Horne II, the City Manager of the - City, who acknowledged that he executed the foregoing instrument. He is personally known to me and did not take an oath. my hand and official seal this ;R --3r-(9- day of ?y-'*4?CV` , 20 e)) Notary Public Notary Name (print/type) My Commission Expires: Approved as to form Leslie Dougall-Si e Assistant City Att ey SANDRA HARRIGER MY cOMMISSION 4 D0733691 EXPIRES: January 04, 2012 3-NOTARY FI, Notwy Dis¢ nt paws, Ca. S/Form - Annexation Agreement 1410.0029 REV. 12/20/01 3 3 WARRANTY DEEDRAMCO FORM al INDIVID. TO INDIVID This -barranty Deed Made the /6 day of July A. D. 19 84 by JESSE TEIKO and KML B. TEIKQ, his wife, hereinafter called the grantor, to S81 PAC?? JAMES N. SMITH AND JEAN A. SMITH, his wife whose postof f ice address is X836 Z ?a-??•?s. J?i.2 3-r-/-I" hereinafter called the grantee: (Wherever -ed herein thr terms `'grantor" and "Rr-ee" inelude .11 the parties tr, this instrument and the heirs, lexal reprexntatives and ..signs o1 individuals, and the sueeeswre and aaiym o1 corporatism) bitnesseth: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all that certain land situate in Pinellas County. Florida, viz: Lot 5, Block C, CLEARWATER HIGHLANDS UNIT B, according to the map or plat thereof as recorded in Plat Book 30, page 29, Public Records of Pinellas County, Florida. Subject to taxes for the year 1984 and subsequent years. Subject to restrictions and easements of record. 01 Cash 11 Chi -J?a %/. 0 V 14 14622584 72 1. 3 40 ReC O Documentary Taal Pd. $ ................. 40 6.00 41 0$ $ ............ ..... Intangible Tax Pd.- 41 234.00 F. ar, perk Pinellas County 43 la uly Gler4 TOTAL 239.00 ra , .. 8?• ro- rn 'fogether with all the tenements, heredilaments and appurtenances thereto belonging or in any- wise appertaining. To Raue and to Moldy the same in lea simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple: that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 83 . ti4.' instrument was prepamd byRjuthapna Romaker + ?geht SPCUrtty fide Company 1277 Bayshore Bled Return to: Florida33528asar: CesSaryilicidenttotttt;tpifiik n^nt of a condition contained in s ytle Insva4-tA 84- 13SZ t,,llnittnrat r3ueS. by n In Ultness 11hereofy the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: ?.L2..c ................ .. r ------------------------- STATE of NEW; JAR Y C64a'ta'1tY OY ' 'F ' I HEREBY CER Y that on this day, before me, an officer duly zuthorizyd in the State aforesaid and in the County aforesaid to take ?. ac(ph-h dgmer ts, personally appeared + TE M arid iiRgL B. TEIKO, his wife, . i` wyttk :r1t446?b to be the person described in and who executed the fglsSument and she acknowledged before me that she r t..y a WITNESS my hand and official seal in the County and r? State last aforesaid this day of Y irly 1984. OTA PTl1 IC / This Instrument prepared by: COMMISSION EXPIRES: x Address .Dees use® rruperty 1kppri15ei .JG11G 1cu 11x1v11iiuLtuii. ul.a..7i i Ji i u-r i vi V VJ/ uv?u %-aiu i Interactive Map of this Comparable Sales Back to Query New Tax Collector ar?___cel Listing Results Searc Information ragv i u1 rt Question/Comment about this parcel 02/29/15/16470/003/0050 Building 1 Data Current as of March 04, Portabili Calculator 2009 [3:42 pm Thursday March 5] .4 Residential Property Owner, Address, and Sales Print Single Family Property Use: 210 Living Units: 1 CLEARWATER HIGHLANDS UNIT B BLK C, LOT 5 2008 Exemptions Homestead: Yes Use: 100% Ownership: 100% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2008 Value Save-Our-Homes Cap 2008 Tax Information Comparable Sales Value: $178,200 Tax District: CTF Building Value per F.S. 553.844 Just/Market Millage: 20.0246 Value: $141,200 Non Ad Valorem Assessments: $.00 Assessed Value/ SOH Ca : $75,467 Taxes: $711.50 History Taxable Value: $25,467 Taxes without Save-Our-Homes cap: $2,027.78 A significant taxable value increase may Taxes without any exemptions: $2,827.49 occur when sold. Click here for details. Qwne aili g Property Address Sale Date Book/Page Price QIU yA Address No Recent Sales SMITH, JAMES N SMITH, JEAN A Plat Year Plat Book/Page(s) 1856 WEST DR 1856 WEST DR 1952 030/ 029 CLEARWATER FL 33755-2200 Parcel Information Book/Page: Land Use: Single Family 05812/1263 (01) Census Tract: 267.01 hUp://www.pcpao.org/gencral_radet.php?pn=1529021647000300501 3/5/2009