SEWER ONLY - G. STEVEN MARSH
.,
, INST # 95-2237. .02J
SPT 7, 1995 3:59 M
AGREEMENT ):lINELLAS COUNTY FLA
(Sewer Only) OF .REC.BK 9100 PG 684
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THIS ~GREEMENT. mad. .nd ent.,.d 'n,o ,~" ~av of - '9~V and be,ween--
the CITY OF CLEARWATER, a municipal corporation, hereinafter referre to as "City", and
G. Steven Marsh
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:
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Lot 4 and the South 5 feet of Lot 5. Block 2. Virginia
Grove Terrace Subdivision according to the map or plat
thereof as recorded in Plat Book 37. Page29. Public Records
of Pinellas County. Florida
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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 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 wil! 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:
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(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 applicablel to be conveyed or paid prior to the second ordinance reading
effectuating the annexation of the subject property;
(dl 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 (601 days written
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notice to the property owne.r. to initif(a.te action to annex the property to the City;
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PINELLAS COUNTY FLA.
I OF~t:C. B~ 9100 PG 685
(e) that it is to the mutual benefit of the Owner and the City, in recognition of the eventual
incorporation of the pf.operty 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 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
(h) 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.
OWNER: M&::j..D'~dq7-'Ii( - 3&3
By xl ~ ~=s ;;5., f'/'>fq,
STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME personally appeared (Y.. ~fE. ,,!kill Pll+R.<!.,I . aftd
to me known to be the individual(sl described in and who executed the foregoing instrument and severally
acknowledged before me that they executed the same fo! the purposes herein expressed; and that said instrument
is the free act and deed of said individual(s).
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WITNESS my hand and official seal this ,;2 ( ~ day of 1)Le, . 1 9!)3.
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Notary Name (print/type) JANET S M~MAHAN
My Commission Expires: '. .. r\:illle ,-U't: V FI';&l....
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CITY OF CLEARWATER, FLORIDA
Attest:
By:
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Cynthia E. Goudeau ..
City Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS
'PINEL. LA. S COUNTY FLA.
OF".REC.BK 9100 PG 686
BEFORE ME personally appeared Elizabeth M. Deptula, the 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.
il, WITNEssmYhand.ndoffici.~5 d.YO~9gs
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otary Public " ~*A'!':.~~t:-, DENISE A. WILSON
N ':*~ MY COMMISSION /I CC 201408 EXPIRES
~%;.-. . ....~l June 18. 1996
Notary Name (print/type) "i~.9'f..r..'<f.." BONOEOTHRU TROY FAIN INSURANCE, INC.
My Commission Expires:
Approved to form and legal sufficiency:
Ilkt
Pamela K. Akin
City Attorney
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5.R.590
PINELLAS COUNTY FLA.
OFF.REC.BK 9100 PG 687
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AGREEMENT TO ANNEX
ATA 93-21-358
PROPERTY DESCRIPTION
LOT 4 AND THE SOUTH 5 FT. OF LOT 5, BLOCK
2, VIRGINIA GROVE TERRACE SUBDIVISION
Parcel No. OS/29/16/94320/002/0040
OWNER
APPLICANT
ADDRESS
G. STEPHEN MARSH
17U EL TRINIDAD DR.
CLEARWATER, FL. 34619
Section 05 Township 29 Range 16
Atlas Page 264-A
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S.R.590
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AGREEMENT TO ANNEX
ATA 93-21-358
PROPERTY DESCRIPTION
OWNER G. STEPHEN MARSH
APPLICANT
ADDRESS 1712 EL TRINIDAD DR.
CLEARWATER, FL. 34619
Section 05 Township 29 Range 16
LOT 4 AND THE SOUTH 5 Fr. OF LOT 5, BLOCK
2, VIRGINIA GROVE TERRACE SUBDIVISION
Parcel No. OS/29/16/94320/002/0040
Atlas Page 264-A
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CITY O}4' CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 3 4 6 1 8" 4 7 4 8
December 21, 1993
Mr. Robert A. Pensa, Director
Pinellas County Building Department
315 Court street
Clearwater, Florida 34616
Re: sanitary Sewer service:
Parcel No. OS/29/16/94320/002/0040
Lot 4 and the South 5 feet of Lot 5, Block 2,
virginia Grove Terrace Subdivision
1712 El Trinidad Drive
Clearwater, Florida 34619
Dear Mr. Pensa:
Please be advised that G. Stephen Marsh, owner(s) of the above property,
has applied for sanitary sewer and/or water service from the City of
Clearwater..
The following fees have been paid:
$
900.00
sanitary Impact Fee
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- Recelpt No. K. :J
$ 1.002.75
Sanitary Assessment Fee
- Receipt No.
LIEN SIGNED
$
200.00
Recreation Facility Fee
- Receipt No. PROMISSORY NOTE
The city of Clearwater will provide sanitary sewer service to aforesaid
property and applicable impact fees have been paid. The city of
Clearwater utilities Division will collect the applicable water meter
fee and/or utility deposit fees when applied for by the applicant.
ver~rUlY yours ~JI/ \
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Terence C. Je. ings, J. E.
Chief Engin~f /
TCJ/DDM
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cc: Building Director
Infrastructure: G. smith
city Clerk: Cynthia Goudeau
DOAS: Lisa Kelly
Public Works/Plan Review
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Planning Director
Public Works/Engineering
Parks Dept.: Terri Hughes
DOAS: John Scott
Present Owner
PENSAMIS,DDM
"Equal Employment and Affirmative Action Employer"
~f'oQ~) LII t Ur LU:.AkWAI t.k tiUILUII\4u UI V l~IUI'-l
~ PLEASE CAf 462-6386 BEFORE MIDNIGHT FOR NE T DAY INSPECTION
FAILURE TO COMPLY WITH MECHANICS LIEN LAW, CAN RESULT IN THE OWNER PAYING
TWICE FOR BUILDING IMPROVEMENTS
NOTICE: BEFORE EXCAVATING NOTIFkTH~ALOAN~" NQtlFIC~N fFNTER AT 1-800-282-8881
PLEASE NOTE:
CITY OF CLEARWATER
1) IF AUTHORIZED WORK IS SUSPENDED OR ABmbf>~ A :P~~nWVJi~ccESSFUL INSPECTIONS, THE PERMIT
SHALL BECOME INVALID NEW PERMIT FEES MUST BEJ..IfJ.IDl4lI~M-R!I!K W\1JElE~TH
2) NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PER~II. T8ERE~E,y"i>maONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY
THAT MAY BE FOUND IN THE PUBLIC RECORDS,q:-tP~~I~6(tJJNT'&~HEflJtft~ElI;it .A,Qj)ffIONAL PERMITS REQUIRED FROM OTHER
GOVERNMENTAL ENTITIES SUCH AS WATER MAN~M~'r ;tR1C'r~, sri At cS'R'FEtfERAL AGENCIES
3) REVIEWED PLANS MAY CONTAIN ADDITIONAL INFORMATIO ~I~ING t R NDITIONS.
APPLICATION NUMBER: A-026861
RECEIPT NBR: R-31856
93
CLEARWATER, FL 34619
OWNER NAME:
CONTRACTOR NAME:
MARSH, G. STEPHEN
FEE NAME FEE DUE PAID-TO-DATE PAID TODAY
REMAINING
LAST PAID
=============== ============ ============ ============
------------
------------
---------
---------
WATER/SEWER OUT
WATER IMPACT
RECREATION FAC
SWR IMPACT
0.00 0.00 0.00 0.00 / /
0.00 0.00 0.00 0.00 / /
0.00 0.00 0,00 0.00 / /
900.00 900.00 900.00 0.00 12/21/93
------------ ------------ ------------ ------------
900.00 900.00 900.00 0.00
------------ ------------ ------------ ------------
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BOOKKEEPING COpy
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8N10-01 CITY OF CLEARWATER ATTN EARL
PARCEL ID 05-29-16-94320-002-0040 PAIIP YRBLT/EFF FLRS TOT SQFT $/SQFT AVR
1712 E EL TRINIDAD DR 34619 1961 1961 1.809 44.77 1.07
GWNER'S NAME AND ADDRESS V P W 6 BLDSS == IMPROVEMENT == HEAT S9FT
MARSH, 6, STEPHEN P 1 01 SINGLE FAMILY 1.583
1712 EL TRINIDAD DR E LEGAL DESCRIPTION CENSUS PBDOK/P6
CLEARWATER. FL VIRGINIA GROVE TERRACE 268.04 37 29
34619-1906 BLK 2. LOT 4 AND THE S 5FT NBHD
LOT SIIE ==> ISC COUNTY OF LOT ~, 022
8.625 SQ FT 7~, X 11~,
YEAR IMPROVEMENT LAND ASSESSMENT AS/FT YEAR
1994 53,200 22,200 75.400 41.68 1994
SALE DATE AMOUNT BOOk/PAGE DT Q T SALE DATE
JUL. 1988 81,000 6780,1895 Q A
FEB. 1986 65,000 6162' 1433 U A
TAXES PD D TX/FT
1.665.40 Y N 0.92
AMOUNT BOOK/PAGE DT Q T
SELLER'S NAME
====== LAND I PROPERTY USE ======== HOMESTD LP
01 210 SINSLE FAMILY HOME 0 N
AMOUNT DATE MTS TYPE RATE NUMBER
MORTGAGE COMPANY
5048119
GENERAL REVIEW DATE BUILDING REVIEW DATE
1~,-DEC-93 1~!-DEC-93
tNTER=FWD Fl=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=CDMP MENU
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EXHIBIT A
I PINELLAS COUNTY FLA.
OFF.REC.BK 9100 PG 688
PROMISSORY NOTE
(Recreation ~~nd., Recreation Facilities and Open Space Land Fees Due In
Addition T6 and/or In Lieu of Land Dedication)
$ 200.00
Florida
Date:
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 4 and the South 5 feet of ~ot 5, Block 2, Virginia
Grove Terrace Subdivision according to the map or plat
thereof as recorded in Plat Book 37, Page 29, Public
Records of Pinellas County, Florida
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or'order, the
sum of $ 200.00 in the manner herein specifiedl 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 3461~)or at such other place as may hereafter be
designated.
One payment of $ 200.00 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, op~n
space and recreation facilities required to promote the health and
welfare of its citizens and ~isitors.
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 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 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 iq,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 not~.
OWNER:
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RICHARDS, GILKEY, FITE,
SLAUGHTER, PRATESI & WARD, P.A.
1253 Park Street
CLEARWATER, FLORIDA 33516
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lliIarranty 19ttd
(STATUTORY FORM-SECTION 689.02 F.S.)
m~tB Jttbrtthtrr, Mode this
day of
June
1988 , irhurttt
DAVID B. OlSON and JUDITH OLSON, his wife
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of the County of Pinellas , State of Florida
G. STEPHEN MARSH, a single person
wh~se post office address is 222 Dolphin Point, Clearwater
'of the County of Pinellas . State of Florida
. grantee".
, grantor.... and
I JlitttrBBrt~, That said grantor, for and in consideration of the sum of
-----------------------Ten and No Cents-------------------------_________
Dollars.
and ~ther good and valuable considerations to said grontor in hand paid by said grantee, the receipt whereof is hereby
ackn~wledged. h?s grant~d. bargai~ed ?nd sold to the ~aid grantee. and grantee's heirs and ass~gns fore~er, the following
deScribed land, situate. lYing and being In Plnellas County, Florida, to'Wlt:
Lot 4 and the South 5 feet of Lot 5, Block 2, VIRGINIA GROVE TERRACE SUBDIVISION,
according to the map or plat thereof as recorded in Plat Book 37, Page 29,
Public Records of Pinellas County, Florida.
Subject to easements and restrictions of record, and taxes for the
current year.
Subject to that certain Mortgage in favor of LANDMARK MORTGAGE CORPORATION
dated January 30, 1986, recorded on February 3, 1986 in O.R. Book 6162,
Page 1434, re-recorded on February 17, 1986 in O.R. Book 6170, Page
805, as Assigned in O.R. Book 6175, Page 392, all of the Public Records
of Pinellas County, Florida. Grantee herein specifically agrees to
assume and pay the remaining principal balance in accordance with the
terms and conditions of said Mortgage.
and said grantor does hereby fully warrant the title to said land. and will defend the some against the lawful claims of all
persons whomsoever.
* "Grantor" and "grantee" are used for singular or plurol, os context requires.
In Ihtttrss m~rrt(1f, Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed. sealed and delivered in our presence:
DAVllJ B. Ul.l:U-.J
(Seal)
(Seal)
(Seal) !
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(Seal)
JUDITH OLSeN
stAT~ OF FIDRIDA
COUNTY OF PlNELIAS
, HEREBY CERTIFY that on this day before me. an officer duly qualified to take acknowledgments, personally appeared
DAVID B. OLSeN and JUDITH OLSeN, his wife
to me known to be the person S described in and who executed the foregoing instrument and acknowledged before me that
t heY executed the some.
WITNESS my hand and official seal in the County and State lost aforesaid this day of June
19 88.
My commission expires:
Notary Public