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SOLID WASTE - JOEL W AND KAREN S GRAY KARLE EN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 200445012811/17/2004 at 09:38 AM OFF REC BK: 13949 PG: 1330-1333 DocType:GOV RECORDING: $35.50 AGREEMENT WITNESSETH: WHEREAS, the Owner now owns the following described real property, located outside the municipal boundaries of the City of Clearwater: Lot ~, Lakeview Vista Subdivision, according to the map or plat thereof as recorded in Plat Book 34. Page 62. Public Records of Pinellas County, Florida. Also known as: 1302 Duncan Avenue South Clearwater, FL 33756 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 tide 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 pennit from Pinellas County. Acceptance of such plans shall (j 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. n.l~ NE~ 1f T T~~ OWNER: !~~. 6Ws,"-I 1M:! ~ dobe,.-c t-<,,/~A STATE OF FLORIDA) COUNTY OF PINELLAS ) BEFORE ME personally appeared Joel W. and Karen S. Gray, 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). WITNESS my hand and offIcial'seal this .2- \ ~ T day of SE:fTEM. 6 CR... S~~~ , 20 0 LJ . Notary Public Notary Name (print/type) My Commission Expires: NobY PubIc -Slate of RaddCI CornrTiIIioo t CCH693S 2 By: CITY OF CLEARWATER, FLORIDA ~,A, ~J:f- William B. Horne II Interim City Manager Attest: "\"', ' ~ '. " '" STATE OF FLORIDA) COUNTY OF PINELLAS ) BEFORE ME personally appeared William B. Horne 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 ~& dayof ~),) .,20{)+ ~a,jJ~ NotatyPublic ~. '. .~ L ) 1 . 1 NotatyN=e (print/type)'Ve-0JSV . j I cSOL My Commission Expires: L? / f I 0 I I "t9-'f p~ Denise A. Wilson f~ ~ Commission # 00296233 III ~ \t~ Expires June 18, 2008 .,,~ OF ~- Bonded TIoy flln .11\llllllCt. II\Cl. 800-385-7019 S/Form - Annexation Agreement 1410.0029 revised 04/25/97 3 /I) Y ~ to: Prepared by: J0hn W. Johnson, President CenturyTitle and Abstract, Inc. 325 Belcher Road North Clearwater, Florida 33765 File Number: 42,889 KARlEEN F DE BlAI< ~NElLAS COUNTY Fl~~,g~ERK OF COURT OF~T~E~~43K~1503 09/02/2004 at 02:07 PM . 13806 PG: 473473 gooocType:DEED RECORDING: $10.00 C STAMP: $1456.00 General Warranty Deed Made this September 1,2004 A.D. By Roger J.Douyard and Geraldine H. Douyard, Trusteesofthe Roger J. Douyard and Geraldine H. Douyard Trust dated 3110/98 and Roger J. Douyardand Geraldine H. Douyard, Husband and Wife, hereinafter called the grantor, to Joel W. Gray and Karen Gray, husband and wife, whose post office address is: 611 S. Ft. Harrison, P.O. Box 175, Clearwater, Florida 33756, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum ofTen Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confmns unto the grantee, all that certain land situate in Pinellas County, Florida, viz: Lot 4, Lakeview Vista Subdivision, according to the map or plat thereof, as recorded in Plat Book 34, Page 62, of the Public Records of Pine lIas County, Florida. Parcel ID Number: 23/29/15/49122/000/0040 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee 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 31,2003. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: II I 'J R~i.~~~ Roger J"^:d;;:;;a/d lAc ~\ I (Seal) JOHN \IV. JOHNSON ~~b:~DT ;J /-r':;i!:::- (Seal) State of Florida ~ County-ofPinellas- -._:..:-----:::.... -~ ___Ii, ___-'--'O-'-_~~~~~~. The foregoing instrument was acknowledged before me this 1st day of September, 2004, by Roger J. Douyard and Geraldine H. Douyard, Trustees of the Roger J. 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