SEWER ONLY - JOHN R. AND PATRICK F. HERNDON AND ARTHUR A. AND MARGARET B. CAPOGNA (2)
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~ INST' 92-210453_J
'IIY 21, :\.992 ~:;:101-'1'1
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AGREEMENT
L__P!~ELLAS COUNTY FLA.
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(Sewer Only)
THIS AGREEMENT, made and entered into this 17th day of Dec.. , 19 ..!11 by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
Jdn R. ImIin, Patrirk F. Imrln ad Arttur A. ad M-.1r:t'leI R. C~
hereinafter referred to as "Owner";
WIT N E SSE T H:
WHEREAS, the Owner now owns the following described real property, located outside the
municipal boundaries of the City of Clearwater:
lot 12, Block 3, Virginia Gmie ~J Thinl tdlitim.
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WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing
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2' ~~ 2 i~ an Agreement with the City for municipal sewer service; and
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WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and
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.
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2. The Owner agrees:
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(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
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Agreement is submitted for processing, or
KAr~I...EEN F. DEBL.t;t\.'E:r-~.,.~.. EF;K
RECORD VERIFIED BY:
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(2) place in eslow a deed transferring title to land or a JomiSSOry 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 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 this 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 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, 34618 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.
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IN WITNESS WHERebF, the parties hereto have caused this Ag~ement to be executed the day
and year first above written.
PINELLAS COUNTY FLA.
OFF.REC.BK 7975 PO 177
OWNER
Witness as to Owner:
By
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Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeare~~~'~~~~, anC~~to
me well known and known to be the individuals described in and who executed the f&egoing
instrument as President and Secretary, respectively, of the corporation named in the foregoing
instrument, and they severally acknowledged before me that they executed the same on behalf of and
in the name of said corporation for the purposes herein expressed; that the seal affixed to said
instrument is the corporate seal of said corporation; and that said instrument is the free act and deed
of said corporation. .. "
WITNESS my hand and official seal this 'g\~ day oD~ h , 19 <:ll.&;jj~:.:'~~:; ~~." ,.,
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My Commission Expires:
'.'otary PubIc
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q'"lSSlOn ExIlirIs:
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rsigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
Michael Wright
City Manager
Approved as to form and
correctness:
Attest:
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~thia'1;.:""iQ oudealf' .."-..
',.;:~y Clerk . c/: -
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M. A. Galbraith, J .
City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS ):
BEFORE ME personally appeared Rita Garvey~,\Mi~t1~;~1 Wright, M. A. Galbraith,Jr., and Cynthia
E. Goudeau, to me well known and known to q~..t~'!1ndividgals described in and who executed the
foregoing instrument as Mayor-Commissioq:e'ro)~L~'f"~rf~lilf',. City Attorney, and City Clerk,
respectively, of the above-named City and t~tih,El's~ affixetUo.the foregoing instrument is the City
seal of said City and said instrument is the !Tea .act ,~d dee'd ofsilid City.
WITNESS my hand and official seal-'~... .&......:.:. d~~~Of~.... ... · 19 $L-
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My Commission Expires:
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. Notary Public, S~ate of Florida
My Commission EJ:p:rEs Allril 201 1993
londed lhru fr.:;y fain. imurance Jnc.
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Prep.red by , return tOI
RAYMOND,L. PARRI, P.A.
1217 pONCE DB LEON BLVD.
CLEARWATER, FL 34616
Parcel No.: 05-29-16-94374-003-0120
05-29-16-94374-003-0130
WARRAN'l'Y DEED
THIS INDENTURE made this ~3LA day of June, 1991, BETWEEN DOUGLAS
J. VERNIER, individually an as Trustee under the Pearl Vernier
Trust dated 1/31/86 and as Trustee of the Basil C. Vernier Trust
dated 1/31/86 and as Guardian of the Estate of Basil C. Vernier,
joined by his wife, KRYSTYNA M. VERNIER, of the County of Oakland,
state of Michigan, Grantor, and ARTHUR A. CAPOGNA and MARGARET B.
CAPOGNA, his wife, as to an undivided fifty percent interest, and
JOHN R. HERNDON, single, and PATRICK F. HERNDON, married, as to an
undivided fifty percent interest, as tenants-in-common, Grantee,
whose address is 1801 S.R. 590, Unit F, Safety Harbor, FL 34695.
WITNESSETH, That said grantor, for and in consideration of the sum
of Ten and No/100 Dollars and other good and valuable
considerations to said grantor in hand paid by said grantee, the
receipt whereof is hereby acknowled~ed, has granted, bargained and
sold to the said grantee, and grantee1s heirs and assigns forever,
the following described land, situate, lying and being in Pine lIas
County, Florida, to wit-
Lots 12 and 13, Block 3,
ADDITION, according to
recorded in Plat Book 37,
Pinellas County, Florida.
VIRGINIA GROVE TERRACE THIRD
the map or plat thereof as
Page 74, Public Records of
THE ABOVE DESCRIBED PROPERTY IS VACANT LAND.
SUBJECT TO taxes for the year 1991 and subsequent years.
SUBJECT TO easements, restrictions and reservations of record.
And said grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of . all persons
whomsoever.
IN WI~TN S WHEREOF, Grantor has hereunto
seal e ay and year first above written.
Sig a sealed & delivered
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December 16, 1991
Mr. Robert Pensa, Director
Pinellas County Building Department
315 Court Street
Clearwater, Florida 34616
Re: Sanitary Sewer Service:
Lot 12, Block 3, virginia Groves Terrace Third Addition
2730 Terrace Drive, Clearwater, Florida 34619
Dear Mr. pensa:
Please be advised that John R. Herndon, Patrick F. Herndon and
Arthur A. & Margaret B. Capogna owners of the above property has
applied for sanitary sewer and/or water service from the City of
Clearwater.
The following fees have been paid:
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$ 900.00. Sanitary Impact Fee - Receipt No.
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S 935.90 Sanitary Assessment Fee - Receipt No.
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S 150.00 Annex/Agreement Fee - Receipt No. 5~-l.f 3 r' /3
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S 200.00 Recreation Facility Fee - Receipt No.
The City of Clearwater will provide sanitary sewer and/or water
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.
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Cecil M. Henderson, Jr., P.E.
Assistant Director of Public Works
CMH/DDM
cc: Building Director
Planning Director
Public Service: G. Smith
Public Works/Administration'
Public Works/Engineering
DOAS: Carol Greiner
Parks Dept.: Terri Hughes
Present Owner
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F 480240
MINNESOTA
TITl~4
TITLE INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A. as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A. upon payment of the premiums and
charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue,
whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
. IN WITNESS WHEREOF. Title Insurance Company of Minnesota has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A. to be valid when countersigned by a validating officer or other authorized
signatory.
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect. lien, encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail
to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance
hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect. lien, encumbrance, adverse claim or other matter, the
Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for an only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof or (bl to eliminate exceptions shown in Schedule B, or lc) to acquire or create the estate
or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies .
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on
and are subject to the provisions of this Commitment.
NOTE: The policy committed for may be examined by inquiry at the office which issued the commitment. and
a specimen copy of the policy form lor formsl referred to in this commitment will be furnished promptly upon request.
BANKERS TITLE
1525 South Belcher Road
Suite A
Clearwater, Florida 34624
TITLE INSURANCE COMPANY OF MINNESOTA
A Stock Company
4()(} Second Avenue South nneapolis
resident
11. a4 e.
.. zaG{ {6Ar1()({11J)!~
Authorized Signatory .
By
TIM Form 3229
A~t -f4 6-19s'"'~
"SCHEDULE A" FORIV I FOR USE WITH COMMITMENT FOR -, '_E INSURANCE
SCHEDULE A
File No. 0191-0004 Commitment No. F 480240
91-9008
1. Effective Date: 1/11/90 at 8:00 A.M.
2. Policy or Policies to be issued:
(a) ALTA Owners Policy - Standard Form B - $ 38,500.00
Amount:
4/6/90 with Florida modifications
Proposed Insured: HERNDON CONSTRUCT ION SERVICES, INC.
MINNESOTA
TITL~ .4.
(b) ALTA Standard Loan Policy - 1970
(amended 10/17/70 & 10/17/84)
$
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is a
FEE SIMPLE
(Fee Simple, leasehold, etc.)
4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
THE BASIL C. VERNIER TRUST UNDER AGREEMENT DATED 1/31/86, AS TO UNDIVIDED
1/2 INTEREST AND DOUGLAS J. VERNIER, AS TRUSTEE UNDER THE MARITAL TRUST
OF THE PEARL VERNIER TRUST UNDER AGREEMENT DATED 1/31/86, AS TO UNDIVIDED
1/2 INTEREST
5. The land referred to in this policy is situated in the County of
State of Florida, and is described as follows:
Pine11as
Lots 12 and 13, Block 3, VIRGINIA GROVE TERRACE THIRD ADDITION,
according to the map or plat thereof as recorded in Plat Book 37,
Page 74, Public Records of Pine11as County, Florida.
TIM FOfm 2420
This Commitment valid only if Schedule B is attached. rw
"', . "SCHEDt t 3". FOR USE WITH COMMITMENT FOR TITLE r I 'RANCE
FILENO. 0191-0004 COMMITMENT NO. F 480240
91-9008
Requirements
The following are the requirements to be complied with:
1. Payment to'or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
2. Instrument(s) necessary to create the estate or interest to be insured and other instruments which must be properly executed,
delivered, and duly filed for record, and/or other matters which must be furnished to the company.
3. Certified copies of The Basil C. Vernier Conservatorship and The
Pearl Vernier Conservatorship be filed in the Public Records of
Pinellas County, Florida. We reserve the right to make additional
requirements upon examination of aforementioned proceedings.
4. Require full copies including all amendments, if any, of the
following Trust Agreement be filed in the Public Records of
Pinellas County:
a) The Basil C. Vernier Trust Under Agreement dated 1/31/86
b) The Pearl Vernier Trust under Agreement dated 1/31/86
c) The Marital Trust of The Pearl Vernier Trust under Agreement
dated 1/31/86
We reserve the right to make additional requirements upon
examination of the aforementioned Trust Agreements.
5. Satisfaction of Assessment recorded in O.R. 1513, Page 159, Public
Records of Pinellas County, Florida.
6. Confirmation with the Secretary of State of the State of Florida that
Herndon Construction Services, Inc. is in good standing and who the officers
and directors are.
7. Resolution from the Board of Directors of Herndon Construction Services, Inc.
duly authorizing an officer of said corporation to purchase captioned land.
TIM Form 3499
Commitment
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.SCHED'I B" -FOR USE WITH COMMITMENT FOR TITLE II RANCE
FILE NO. 0191-0004
91-9008
COMMITMENT NO. F 480240
Ex~eptions
The policy or policies to be issued will contain exception to the following unless the same are disposed of to the satisfaction of the
Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or
interest or mortgage thereon covered by this Commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described.
3. Rights and claims of parties in possession.
4. Mechanic's, Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record.
5. Easements or claims of easements not shown by the public records.
6. General or special taxes and/or assessments required to be paid in the year 1991 and subsequent years.
7. Subject to a 5 foot utility easement on the West lot line as
per plat. AS TO BOTH LOTS
8. Subject to restrictions as recorded in Deed Book 1606, Page 167,
Public Records of Pine11as County, Florida.
NOTE: Judgment Search has been done and the results are negative.
TAX INFORMATION: #05-29-16-94374-003-0120 RE 212582 CTF NX 18,100
Gross $353.61 Paid 11/30/90
#05-29-16-94374-003-0130 RE 212583 CTF NX 18,100 Gross $353.61 Paid 11/30/90
,
TIM Form 3500
Commitment