SEWER ONLY - GEORGE R. AND ERIKA B. SEIDL
KARLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2004450129 11/17/2004 at 09:38 AM
OFF REC BK: 13949 PG: 1334-1342
DocType:GOV RECORDING: $78.00
AGREEMENT
(Sewer Only)
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THIS AGREEMENT, made and entered into this ,S day of ~
20~ by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to
as "City," and George R. and Erika B. Seidl 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:
Lot~, Block ~ Virginia Groves Terrace Subdivision, Second Addition, according to
the map or plat thereof as recorded in Plat Book 37 , Page 73, Public Records of Pinellas
County, Florida.
Also known as:
1733 Thomas Drive
Clearwater, FL 33759-1924
and
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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 ,!1ereby 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 e~ense.
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 ei~
(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
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
WITNESS AS TO OWNER:
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STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared.. _ . ~ Erika B. Seidl, to me known to be the
individual~ described in and who executed the foregoing 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).
OWNER:
George R. Seidl at ~e, ~~4!'rt of AT""''' .
~ ~ .~d(
Erika B. Seidl
Notary ublic
Notary Name (print/type)
My Commission Expires'
y hand and official seal this
qH4. day of 93' TBilf>eIL , 20.Q!f.
~ reA I~ E 5E1 OL
txJg 6/30/31
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5. 3'10 -d-OK- 37-- Ujo -0
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By:
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Attest:
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Cynthia E.(}ll)~eau ""/Ii\' \ . .
City Clerk '/ ~~'" '
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CITY OF CLEARWATER, FLORIDA
William B. Home II
Interim City Manager
STATE OF FLORIDA)
COUNTY OF PINELLAS )
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BEFORE ME personally appeared William B. Home II, 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 tl-defk-1)
, 20 () ~
~/X~) ().It)~
Notiry Public ~. A ItI I . '\
NotaryN~~ (print/type) ~(.%. I J:Ot..J
My COmm1SSlOn Expltes: P f
t-~'( PIJ6 Denise A. Wilson
l~ \"t> Commission #. 00296233
~_ \Ji Expires June 18, 2008
"'~ OF iJ1f" 8ol1ded Tlvy Fakl .1r\IInIIC8, Inc. 800-385-7019
S/Form - Annexation Agreement 1410.0029
revised 04/25/97
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DURABLE POWER OF ATTORNEY
BY THIS DURABLE POWER OF ATTORNEY
("Principal"), of pinellas County, Florida,
in fact to manage my affairs as indicated
SEIDL ("Attorney-in-fact" or "Agent").
I, GEORGE R. SEIDL,
appoint as my attorney
below, my wife, ERIKA
This durable power of attorney is not affected by my
subsequent incapacity, except as provided by Florida Statute
Section 709.08, and is exercisable from the date of execution.
1. General Grant of Power
I hereby grant to my Agent full pow.~r ~nd authority to
exercise or perform any act, power, duty, right or obligation
whatsoever that I now have or may hereafter acquire, relating to
any person, matter, transaction, or any interest in property owned
by me, including, wi thout limi tation, my interest in all real
property, including homestead real property; all personal property,
tangible or intangible; all property held in any type of joint
tenancy, including a tenancy in common, joint tenancy with right of
survivorship, or a tenancy by the entirety; all property over which
I hold a general, limited, or special power of appointment; choses
in action; and all other contractual or statutory rights or
elections, including, but not limited to, any rights or elections
in any probate or similar proceeding to which I am or may become
entitled; all as to such property now owned or hereafter acquired
by me. I grant to my Agent full power and authority to do
everything necessary in exercising any of the powers herein granted
as fully as I might or could do if personally present, with full
power of substitution or revocation. Except as otherwise limited
by applicable law, or by this durable power of attorney, my Agent
has full authority to perform, without prior court approval, every
act authorized and specifically enumerated in this durable power of
attorney. I hereby ratify and cbnfirm that my Agent shall lawfully
have, by virtue of this durable power of attorney, the powers
herein granted, including, but not limited to, the following:
a. Collect all sums of money and other property that
may be payable or belonging to me including any payments that I
receive from any branch or department of the United States or other
government, including without limitation, Social Security payments,
Veteran's Administration payments or grants, Medicare or Medicaid
payments I and tax refunds, and to execute receipts, releases,
cancellations or discharges.
b. Settle any account in which I have any interest and
to payor receive the balance of that account as the case may
require.
c. Borrow money on such terms and with such security as
my Agent may think fit and to execute all notes, mortgages and
other instruments that my Agent finds necessary or desirable.
d. Draw, accept, endorse or otherwise deal with any
checks or other commercial or mercantile instruments for my
benefit, specifically including the right to make withdrawals from
any savings account or savings and.. loan depQsi ts and from any
Gt..ccount jointly :.rithanother, or any trust account which I have
established for the benefit of myself or any other person.
e. Redeem bonds issued by the United States government
or any of its agencies, any other bonds and any certificates of
deposit or other similar assets belonging' to me, in my name alone
or jointly with another.
f. Sell bonds, shares of stock, warrants, debentures,
or other assets belonging to me, and execute all assignments,
options and other instruments necessary or proper for transferring
them to the purchaser or purchasers, and give good receipts and
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discharges for all money payable in respect to them. Also, to
execute stock powers or similar documents on my behalf and delegate
to a transfer agent or similar person the authority to register any
stocks, bonds, or other securities either into or out of my name or
nominee's name.
g. Sell, rent, lease for any term, mortgage or exchange
any real estate or interests in it, including homestead property,
for such considerations and upon such terms and conditions as my
Agent may see fit, and execute, acknowledge and deliver all
instruments conveying or encumbering title to property owned by me
alone as well as any owned by me and by any other person, jointly.
If I am married, my Agent may not mortgage or convey my homestead
property without joinder of my spouse or my spouse's legal
guardian. Joinder by my spouse may be accomplished by the exercise
of authority in a durable power of attorney executed by my joining
spouse, and either my spouse or I may appoint the other as attorney
in fact.
Specific Real Estate Powers
My Agent herein named is granted the authority to sell, to
convey, to maintain, to mortgage or to dispose of, the following
described property, and to execute any and all documents necessary
to effectuate the sale and/or conveyance, and to encumber, and to
dispose of, the following described real property, to wit:
PT NEl/4 SEC 30 T7N R17E LOT 3
CERT SURV 32/70 BEING 8.57 AC
IN WAUKESHA COUNTY, WISCONSIN
SUMT 0693 999 002
and such documents shall include, but not be limited to, contracts,
deeds, affidavits, bills of sale, closing statements, mortgages,
notes and such other instruments as may be required to carry out
the purposes herein expressed, and I, GEORGE R. SEIDL, hereby give
and grant unto my Agent named herein full power and authority to do
and perform all and every act and thing whatsoever requisite and
necessary to be done in and about the premises as fully, to all
intents and purposes, as I, GEORGE R. SEIDL, might or could do if
personally present, with full power of substitution and revocation,
hereby ratifying and confirming all that said Agent shall lawfully
do or cause to be done by virtue hereof.
h. Represent me before the Treasury Department in
connection with any matter involving any federal taxes in which I
am a party, to make, sign, execute, verify and file any return
required to be made under the revenue laws of the United States, or
the Internal Revenue Code; or under the statutes of any state and
to file any claim or refund, offer and compromise or application
for a closing agreement, receive refund checks, execute waivers of
any period of limitation, request extensions of time, execute any
waiver of restrictions on assessment for collection of any tax, and
execute Petition of Appeal to the united States Tax Court.
i. Enter any safe deposit box or other place of safe-
keeping standing in my name alone or jointly with another person
and remove the contents and make additions and substitutions.
j. Commence-,prosecute, defend and settle all cases,
matters, actions or other legal proceedings affecting my estate or
any part of it or touching any matter in which I may be concerned
in any way, exc~pt that my Agent shall not be authorized to accept
service of process from or to submit me to the personal
jurisdiction of any court as a defendant in any suit or proceeding
pending before the same without further specific written authority
on my part.
k. File or process claims for any medical bills with all
insurance companies through which I have coverage, including but
not limited to Medicare and Medicaid and to receive from Blue
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Cross/Blue Shield or any other insurer information obtained in the
adjudication of any claim in regard to services furnished to me
under Title 18 of the Social Security Act.
1. Apply for public benefits, including but not limited
to, Social Security, Medicare benefits and reimbursement, medical
insurance benefits; state Medicaid benefits; and for veteran's
benefits, pensions and allowances and to have access to information
regarding my income and assets to the extent required to make
applications.
m. Make gifts, grants or other transfers without
consideration, whether taxable or non-taxable, either outright or
in trust, whether by creation of or amendment to a revocable or
irrevocable trust, to or for the benefit of myself or of anyone or
more of my descendants, my spouse, a charitable institution or
other beneficiaries of my bounty which may extend beyond my
disability or life in connection with estate, gift, income or other
tax planning or in connection with estate planning (collectively
"tax planning") on my behalf. It is my desire that my Agent take
into account what a reasonable and prudent person would do under
the same circumstances wherein such person would wish to limit the
expenditure of estate, gift, income and generation skipping
transfer taxes.
I intend that my Agent may exercise this power with or
without guardianship proceedings and court approval under Florida
Statutes chapter 744. Any gifts, grants, or transfers made without
guardianship proceedings are restricted to being made to my
descendants, my spouse and any other beneficiaries of my estate and
any gift made to a member of one class of beneficiaries shall be
made equally to all members of that class unless by a prior written
document I have excluded a specific person or persons from that
class. It is my desire to minimize the obligation of my estate to
pay taxes and costs of administration and to maximize the value of
my estate for the benefit of the beneficiaries of my estate,
utilizing advanced tax planning techniques. It is my intention
that this authority be honored toward achieving that purpose.
n. Represent me before any office of the Internal
Revenue Service or any state agency; prepare and sign any tax
return on my behalf; receive confidential information regarding tax
matters for all periods, whether before or after the execution of
this instrument; and to make any tax elections on my behalf.
o. Create and amend revocable or irrevocable trusts
including a Qualified Income Trust for the benefit of myself or of
other persons; and consent to the creation or extension of trusts
established by other persons for my benefit.
p. Claim, disclaim or waive any interest in property
that I have or would otherwise receive, including but not limited
to homestead and elective share.
The above powers conferred upon my Agent extend to all of my
right, title and interest in such property as I have described
above and in which I may have an interest jointly with any other
person, whether in an estate by the entirety, j oint tenancy or
tenancy in common.
2. Limitations
Notwithstanding the powers contained in this durable power of
attorney, my Agent may not:
a. Perform duties under a contract that requires the
exercise of my personal services;
b. Make any affidavit as to my personal knowledge;
c. Vote in any public election on my behalf;
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d. Exercise powers and authority granted to me as trustee or
as court-appointed fiduciary.
3. Standard of Care
Except as otherwise provided herein, my attorney-in-fact named
herein is a fiduciary who must observe the standards of care
applicable to trustees as described in Florida Statute Section
737.302. My attorney-in-fact is not liable to third parties for
any act pursuant to this durable power of attorney if the act was
authorized at the time. If the exercise of the power is improper,
my attorney-in-fact is liable to interested persons as described in
Florida Statute Section 731.201 for damage or loss resulting from
a breach of fiduciary duty by my attorney-in-fact to the same
extent as the trustee of an express trust. If my attorney-in-fact
has accepted appointment either expressly in writing or by acting
under the power, my attorney-in-fact is not excused from liability
for failure either to participate in the administration of assets
subject to the power or for failure to attempt to prevent a breach
of fiduciary obligations thereunder.
4. Interpretation of Governinq Law
This instrument is executed by me in the State of Florida, but
it is my intention that this power of attorney shall be exercisable
in any other state or jurisdiction where I may have any property or
interests in property.
This instrument is to be construed and interpreted as a
durable power of attorney as provided for in Florida Statute
Section 709.08, and as a health care surrogate as provided for in
Florida Statute Section 765, as these statutes may be amended from
time to time. The enumeration of specific powers herein is not
intended to, nor does it, limit or restrict the general powers
herein granted to my Agent. This instrument is executed and
delivered in the State of Florida, and the laws of the State of
Florida shall govern all questions as to the validity of this power
and the construction of its provisions.
5. Third Party Reliance
(a) Any third party may rely upon the authority granted
in my durable power of attorney until the third party has received
notice as provided herein.
(b) until a third party has received notice of
revocation pursuant to the terms contained herein, partial or
complete termination of the durable power of attorney by
adjudication of incapacity, suspension by initiation of proceedings
to determine incapacity, my death, or the occurrence of an event
referenced in this durable power of attorney, the third party may
act in reliance upon the authority granted in this durable power of
attorney.
(c) A third party that has not received written notice
hereunder may, but need not, require that my attorney-in-fact
execute an affidavit stating that ther~ has_be~n_ no-rev0cation,
partial or cGmp-lete termination-, -or-suspension of the durable power
of attorney at the time the power of attorney is exercised. A
written affidavit executed by my Agent under this paragraph may,
but need not, be in the following form:
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally
appeared (attorney-in-fact) ("Affiant"), who swore or
affirmed that:
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1. Affiant is the attorney-in-fact named in the
durable power of attorney executed by
(Principal) on (date) .
2. To the best of Affiant's knowledge after
diligent search and inquiry:
a. the Principal is not deceased, has not
been adjudicated incapacitated, and has not revoked,
partially or completely terminated, or suspended the
durable power of attorney; and
b. A petition to determine the incapacity of
or to appoint a guardian for the Principal is not
pending.
3. Affiant agrees not to exercise any powers
granted by the durable power of attorney if Affiant
attains knowledge that it has been revoked, partially or
completely terminated, suspended, or is no longer valid
because of the death or adjudication of incapacity of the
Principal.
Affiant
Sworn to and subscribed before me this day of
, 19_, by
(Affiant), who is personally known to me or who provided
asidentification.
Notary Public
My Commission expires:
(d) Third parties who act in reliance upon the authority
granted to my attorney-in-fact hereunder and in accordance with the
instructions of the attorney-in-fact will be held harmless by me
from any loss suffered or liability incurred as a result of actions
taken prior to receipt of written notice of revocation, suspension,
notice of a petition to determine incapacity, partial or complete
termination, or my death. A person who acts in good faith upon any
representation, direction, decision or act of my attorney-in-fact
is not liable to me or to my estate, beneficiaries, or joint owners
for those acts.
(e) My attorney-in-fact is not liable for any acts or
decisions made by him or her in good faith and under the terms of
the durable power of attorney.
6. Notice
(a) A notice, including, but not limited to, a notice of
revocation, partial or complete termination, suspension, or
otherwise, is not effective until written notice is served upon my
Agent or any third persons relying upon this durable power of
attorney.
(b) Notice must be in writing and served on the person
or entity to be bound by such notice. Service may be by any form
of mail that requires a signed receipt or by personal delivery as
provided in the Florida Statutes for service of process, and must
otherwise be in accordance with Florida Statute Section 709.08.
7. Damaqes and Costs
In any judicial action regarding this durable power of
attorney, including, but not limited to, the unreasonable refusal
of a third party to allow an attorney-in-fact to act pursuant to
JtJ tt if
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the power, and challenges to the proper exercise of authority by
the attorney-in-fact, per statute, the prevailing party is entitled
to damages and costs, including reasonable attorney's fees.
8. Validity
This durable power of attorney shall be non-delegable, except
as to the stock powers which may be delegated to a transfer agent
per paragraph l.f. hereunder, and shall be valid until such time as
I shall die, revoke the power, or shall be adjudged totally or
partially incompetent by a court of competent jurisdiction. I may
revoke the power only by providing written notice to my Agent. All
acts of my attorney-in-fact taken or done without actual knowledge
of 1) my death, 2) an adjudication of my incompetency, or 3) my
revocation are valid and effective, and are hereby ratified and
confirmed.
9. Revocation of Prior Instruments
By this instrument I hereby revoke any power of attorney,
durable or otherwise, that I may have executed prior to the date of
this durable power of attorney.
I hereby confirm all acts of my Agent pursuant to this power.
Any act that is done under this power between the revocation
of this instrument and notice of that revocation to my attorney
shall be valid unless the person claiming the benefit of the act
had notice of that revocation.
IN WITNESS WHEREOF, I have set my hand and seal on this /8~
~
Signed, sealed and delivered
in the presence of:
~7'l1t~
0~.i/~
/" Witness
day of
, 2000.
lfp10t~ jJ..
GEORGE R. E DL
- (i} ~j'4
STATE OF FLORIDA
COUNTY OF PINELLAS
SWORN TO AND SUBSCRIBED before me, this / % day of ~r/ /
, , by GEORGE R. SEIDL, who is personally known
to me or who has produced Fro lJ, l..- ~ as
identification. ~.. . .
MY COMMISSION EXPIRES: ~ ~ /(tL!;C
Not ublic
..~~.V:!I~., Peggy Burke BeVille
~..: "Ji.'l:"1 MY COMMISSION # CC899124 EXPIRES
~'~~f January 2, 2004
"'1..iif.,~~ BONDED THRU TROY FAIN IN~ INC.
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