Loading...
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 __, - - - - - I 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: .~ 2..~iJ. (J .., J'": " 1 .. ~ ----,._--:.(,--; H77Q 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 1 '; r:(:~"r'"t)::'''r~n.:r'' " ;o.'(:.-/-'II....'.) 'll" ~..' 0.-1 J"\ ',,~-' ',/, u~ -'. (C;":~ . . - _...- I "'. ~ ,~,:.. , .. (if co "<:I'" t;;: B~>< 1-0:0 wee Z-'UJ-' o:O,-,u.. ::;) >- -- t:;!::lt 0::00 l- (/) o a.. ____.7Q-------- \ :~-... ,. and Ji/7"O .9t'f 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: co "<j" r-- "<j" I co T-" (D "<j" c-') (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 cC w ~ 3: a: ~ -J (.) notice to the property owne.r. to initif(a.te action to annex the property to the City; ().~ ~/1; I) J< , @ / ' -_A~ , (J /-() () '~/~.- (!3 ) 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). ~ WITNESS my hand and official seal this ,;2 ( ~ day of 1)Le, . 1 9!)3. ~/1' ~ f ) .0?J~'P!~ ~ . ,', Notary Name (print/type) JANET S M~MAHAN My Commission Expires: '. .. r\:illle ,-U't: V FI';&l.... ".hAl, . , . I . If'l' COdll!\'lO'~ IX,.. It~.. 7,1"4 B(M)IIO ~"MIl4oL Wi. _. ':> I CITY OF CLEARWATER, FLORIDA Attest: By: (Y~ 2. fl.. [).. 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 . 'JfU.6Ua j~ ."..... 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 3 )- 5.R.590 PINELLAS COUNTY FLA. OFF.REC.BK 9100 PG 687 I -1- ~J~ 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 ., J- S.R.590 --\-- ~~- 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 . .. , ,ll.'I'l'l~ ~';'.::" . "I S\.~/'i! \\~:-\ ,/--"':/' '\\;.~....(/ i f"~;.<'~':.:." '............ .,"j f 1\': '..., ~t' - -",\ ~r- '",.,_~,~Vd~ ~r'f" '. -'i\':'.:\'..~,:-, .; ~~~ ...."'.'" ~~!!ATI\':\:<:!." '"."~,./,,.~II I Ai"A Cf ~ - 2. J- "358 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 , () -3/SC--.(f) - 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/ \ . I 01::" /'/ jJ;;%~cf) (' ~~''l~ Terence C. Je. ings, J. E. Chief Engin~f / TCJ/DDM // cc: Building Director Infrastructure: G. smith city Clerk: Cynthia Goudeau DOAS: Lisa Kelly Public Works/Plan Review o 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 ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ....li~~I:t~~:;~:;;- .... ;ig);,,:~?i~ti:,/~ig.~~~. Yjt(~ "? tOMt!iNAtioN ,PERMiT#-: ...,r~'~ ,~~~r'ft ( OEC 2.' 1993 r ,"!~..'I n.: [': ,.- , H' J l-r . I.,; 1 . vI ..c.cA ,\1\.1<.. l:!-; .l t : '\ "I' I ~ r. F PI [, I ' ., ,I U) I'; hI... ..", " BOOKKEEPING COpy , I , . 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 ~Nl0 ISC READY ~ !" I 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: By ! ~/!~-~ /~ . / l/i ) l 1 , "~~'~"':~"""'~'-~~r'",,,,,,~ ~---~ , HbLU-l'URr'. ..'.'4m D. t'iE~ '(mlj) RICHARDS, GILKEY, FITE, SLAUGHTER, PRATESI & WARD, P.A. 1253 Park Street CLEARWATER, FLORIDA 33516 '. ~ 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 ,I 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) ! I .':-" (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