SEWER ONLY - GEORGE C. YOUNG AND CHARLOTTE A. YOUNG
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4
INST # 94-024080
~__,:J!iN~~LJ._9 94_~0 2EK_,
THIS 4GREEMENT, made and entered into this day of , 19
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
(i.e.(!'j~e C. fdC7J..A,A-f Cl()c( C!~-r-re ^ . td~/A A,jj
hereinafter referrea to as "Ow~er"; (
AGREEMENT
(Sewer Only)
pJNELLAS COUNTY FLA.
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by and between
WITNESSETH:
WHEREAS, the Owner now owns the following described rea! property, located outside the municipai
boundaries of the City of Clearwater:
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cee:~~Clearwater
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 require 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;
P.O. Box 4748
Clearwater, Florida
34618
KARLEEN F. DEBLAKER, CLERK
B~COB.12,VERIFIED J3Y: J&
'1'7
PINELLAS COUNTY FLA.
t · OF!. REC ~ BK8546 PG_dl_Q!1_
ie) that it is to t e mutual benefit of the Owner and the--CltyflnrecOg;:;itio~ofth~ e~entual
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
execur;on 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;
(gl that the terms and provisions of the 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
(hi if the Owner or the heirs, successors, and assigns of he 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, 34618,4648 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,
STATE OF FLORIDA )
COUNTY OF PINELLAS
WITNESS AS TO OWNER:
BEFORE ME personally appeared GEORGE C. YOUNG ,and CHARLarTE A. YOUNG
to me known to be the individual(s) 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), The above individuals are personally known
and did not take an oath.
WITNESS my hand and official seal this 19th day of July 1993
Notary Public
Notary Name (print/type)
WIS ANN DRZAL
My Commission Expires:
OFFICIAL NOTARY SEAL
LOIS ANN DRZAL
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CCI73992
MY COMMISSION EXP, FEB, 1,1996
2
"I
CITY OF CLEARWATER, FLORIDA
By:
STATE OF FLORIDA )
COUNTY OF PINELLAS
Attest:
PINELLAS COUNTY FLA.
__()FFIREC.BK?_5~~___ PG ~g_42
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BEFORE ME personally appeared Elizabeth M. Deptula, the Interim City Manager of the above-named City,
who acknowledged that she executed the foregoing instrument. She is personally known to me and did not take
an oath.
WITNESS my hand and official seal this
j{M;uL- ~yydw\kM;~
r'Jotary Public
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day of ()~, 1 9 C; 1./ .
Notary Name (print/type)
My Commission Expires:
Approved as to form and correctness:
JM
Y SEAL
KARENDOMBRoWSi<1
MBER
CC2$2129
MY COMMISSION EXP.
..'tt N .23 1997
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3
EXHIBIT A
,. -,.
I PROMISSORY NOTE J9FF~~~~~~t~~~~~~T~GF~~j~_
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
..
$ e:Lt>o. 00/
Clearwater, Florida
Date:
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
L6-f ~ '7, e/k-U<a1cl ,4rus ~skks/ a-cuU;,v'1 f" r
MT 0 ~ f' (a..--I -H-elUof a. 5 t<-<-c.~ ("-' -p &z.f 60j
1~1 ~~:;.e /8/ '?U b/I C I2R..c~ o,e hAJ.LIICL.J (!~j
M~eld~ .
The undersigned, its successors, or assigns, or any subsequent
owner, promises, to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ .;26CJ. d>o/, in the manner herein specified, the amount being
payable in lawful money of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 34618)or at such other place as may hereafter be
designated.
00/
One payment of $ ~ot>, /' shall be due at the time the
property is legally able to annex, more specifically to be paid prior
to the second ordinance reading effectuating the annexation of the
subject property. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, open
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
~,
By signing this promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full liability for the said obligation which sha~l not
only bind the present owner of said described real property, but s~ll
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 it is mentioned in the deed to said owners, as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or in the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
collectible without notice, and shall bear interest from the date of
such default until paid at the highest rate of i~terest allowable
under the laws of the State of Florida. Failure to exercise this
option shall not constitute a waiver of the right to exercise the same
in the event of any subsequent default.
Each person herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs,
including a reasonable attorney's fee, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
OWNER:
By
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EXHIBIT A
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PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ d2-"o . 00/
Clearwater, Florida
Date:
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
L-6-t ~ ~ e~lcI /lrLCS ~S~s/ a-C!c-~;u)/lu7 fa ~
fvLT 0 R. f'1&/-v i-t...M.Lt:>/"':;:'5 tu-<..~ (,v f::>La.t- 15001.
1~1 f~:J.(L 18; ,?u 6/1 C I&c~ eJ.,e ,?N.LIIa..r ~)
(:{ ~ I'Ll de( .
The undersigned, its successors, or assigns, or any subsequent
owner, promises, to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $~6~. ~O~ in the manner herein specified, the amount being
payable in lawful money of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 34618)or at such other place as may hereafter be
designated. .
One payment of $ ~CJt>. 00/ shall be due at the time the
property is legally able to annex, more specifically to be paid prior
to the second ordinance reading effectuating the annexation of the
subject property. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, open
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
~.
By signing this promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full liability for the said obligation which sha~l not
only bind the present owner of said described real property, but s~ll
be a covenant which shall run with the land and shall bind and be ...,
enforceable against all sub~equentowners of said described real
property whether or not it is mentioned in the deed to said owners~ as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or in the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
collectible without notice, and shall bear interest from the date of
such default until paid at the highest rate of i~terest allowable
under the laws of the State of Florida. Failure to exercise this
option shall not constitute a waiver of the right to exercise the same
in the event of any subsequent default.
Each person herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs,
including a reasonable attorney's fee, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
OWNER:
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By I;~L L' r- J
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tltf)is 3lnbtnture. 83182415 I
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Made this 14th
:Jh)cttuccn
day of
September
,A,D.,19
83
ANTHONY SIMOTES and CATHERINE A. SIMOTES, his wife
of the County of Pinellas
party of the first part, and
GEORGE C. YOUNG and CHARLOTTE A. YOUNG, his wife
in the State of Florida
Whose post office address is:
of the County of Pinellas
party of the second part.
1726 Penny Lane, Clearwater, Florida 33516
in the State of Florida
Witnr!H:~cth that the sain part v nfthe first part. fnr _Inn in rnnsiclerRtinn of thp slim nf
Ten Dollars and other good and valuable considerations
to rum In hand paId LJy the said party 01 the second part, the rCCClpt whereot IS herd)) uCKlluwleugeti. has
granted. bargained and sold to the said party of the second part his heirs and assigns forever. the follow-
ing described land, situate lying and being in the County of Pinellas, State of Florida, to wit:
r'- CI7')
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Lot 67, EMERALD HILLS ESTATES, according to the map or plat
thereof as recorded in Plat Book 46, page 18, Public Records
of Pinellas County, Florida.
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SUBJECT TO easements and restrictions of record.
C;:-:Il. SUBJECT TO taxes for the yea. r 1983 and subsequen t years thereto.
~llCbt . ,O-::>..Sev
4Q Itee S,()o ~tary Tax N. s,~.~..\.r!:.......,
41 osd-6o, 'S 0
43lnt
Tot:L<{~ ,SO
(OPt .
And the saId party of the first part does hereby fully warrant the title to said land. except as set forth
hereinabove, and will defend the same against the lawful claims of all persons whomsoever,
$.................... Intan&ible Tax Pd,
Kar~n.J';:3 h 8laker, Clen: ~inella~ C.unly
. ~- ~.IJ.
Iy..!... ~...~,. Deputy Cleric
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Jln 1iJitncs'~ Wf)crcof. the said party of the first part has hereunto set.-hish(lnd and seal the
,. ,
day and year first above written, .I
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CATHERINE A. SIMOTES
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~tate of ..1floriba
QCountp of If)incUaS'
Jl j!)crbp ~crtifp That on this day personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgements, ANTHONY SIMOTES and CATHERlliE A. SIMOTES,
his wif e
to me well known and known to me to be the individual described in and who executed the foregoing
deed. and they acknowledged before me that they executed the same freely
and voluntarily for the purposes therein expressed,
Witnc~~ my hand and official seal at Clearwater
County of Pinellas , and State of Florida. this
S b 9","180
day of eptem er ,A,I?.'~.. "~./".i,
. ~.', . <" \'. \, ~'" . : . " . -,"',' . '.'.,
. ' .
14th
My Commission Expires
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T.his ins:~ment p'~~par~)~/
SharoI1"O/ .1.iiid~n'I1, Escrow Officer
FORTUNE TITL'e'tb::INC,
100 N, Belcher Rd,. Suite 3, Clearwater, FL 33575
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' '5
AGREEMENT TO ANNEX
ATA 93-08-345 PROPERTY DESCRIPTION
OWNER GEORGE C. YOUNG & LOT 67, EMERALD HILL EST A TES
APPLICANT CHARLOTTE A. YOUNG
ADDRESS Parcel No. 23-29-15-25794-000-0670
1726 PENNY LANE
Section 23 Township 29 Range 15 Atlas Page 307-8