SEWER ONLY - JAMES AND ANNA BELLE SHROYER
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INST # 95-223703 ,I
SPT 7, 1995 3:59P~
AGREEMENT
(Sewer Only)
PIWELLAS COUNTY FLA.
OFF.R!C.BK 9100 PG 689
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THIS AGREEMENT, made and entered into this 611J day of :5Ppi? n1 /u.1C.. ,19 ~bY and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
JM1ES R. SHROYER and ANNA BELLE SHROYER, his wife,
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 72, DOUGLAS r1ANOR SECOND ADDITION,
according to the map or plat thereof
as recorded in Plat Book 47, Page 8,
of the public records of Pinellas
County, Florida.
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.PH- 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
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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
CD is submitted for processing, or
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I'-' (2) place in escrow a deed transferring title to land or a promissory note made payable to the City
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r::: ~ of Clearwater, or both as required, such deed and promissory note, copies of which are attached
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....q hereto as Exhibit A (if applicable) to be conveyed or paid prior to the second ordinance reading
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t- ffi a5 effectuating the annexation of the subject property;
~ c:3 ~ it (d) that at such time as it becomes possible for the City to annex said real property, this Agreement
E ~ tt o:WiII constitute an application to annex at that time, and the City will have the right, upon sixty (60) days written
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a: ~otice to th~operty owner, to initiate action to annex the property to the City;
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(e) that it is tot'ie mutual benefit of the Owner and the Citl in recognition of the eventual
incorporation of the property wilhin the City, to have site and building plans r iewed and accepted by the City
in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall precede the
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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
indivipual ownership notwithstanding;
(g) that the terms and provisions of the Agreement shall be a commitment and obligatio.n 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 perfo,tmance
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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first above written.
WITNESS AS TO OWNER:
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Pr illt Name: 7'/ /ZI;l) .::::JOAJ "l!f r LV
Print Name-$; ;;jj;,~~
STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME personally appeared James R. Shroyer ,and Arma Belle Shroyer
to me known to be the individua/(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 individua/(s),
ITNESS my hand nd 0 icial seal this .POI/; day of ~/JJhzr19..2d
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Notary Name (print/type)
My Commission Expires:
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fINELLAS COUNTY FLA
OFF.REC.BK 9100 PG 691
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CITY OF CLEARWATER, FLORIDA
Attest:
By:
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STATE OF FLORIDA I
COUNTY OF PINELLAS
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.
/;}; WIT~ESS my hand and Offida~seaI this d!!- day Of~19 U
~J1JJ ~ ) 0 1 J lUJ.J1YYLJ ,'i<""'~< DENISE A. WILSON
otary Public' [,,(Ji.';'A MY COMMISSION # CC 201408 EXPIRES
. '~;,~(~~ June 18, 1996
N N (' I I ";1f..9f.,~'t-.. BONDED THRU TROY FAIN INSURANCE, INC,
otary ame pnnt type
My Commission Expires:
Approved as to form and legal sufficiency
a)-l
Pamela K. Akin
City Attorney
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AGREEMENT TO ANNEX
ATA 94-02-360
PROPERTY DESCRIPTION
LOT 72, DOUGLAS MANOR, SECOND
ADDmON
Parcel No. 23-29-15-22176-000-0720
OWNER JAMES R. & ANNA B. SHROYER
APPLICANT
ADDRESS
1409 DUNCAN A VENUE SOUTH
Section 23 Township 29
Range 15
Atlas Page 315-B
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C I T Y
AiI\J"I4-0L. - 3<00
OF CLEARWATER
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POST OFFICE BOX 4748
C LEA R W ATE R, F LOR I D A 3 4 6 1 8 . 4 7 4 8
January 18, 1994
Mr. Robert A. Pensa, Director
Pinellas County Building Department
315 Court street
Clearwater, Florida 34616
Re: sanitary Sewer service:
Parcel No. 23/29/15/22176/000/0720
Lot 72, Douglas Manor second Addition
1409 Duncan Avenue South
Clearwater, Florida 34616
Dear Mr. Pensa:
Please be advised that James R. and Anna Belle Shroyer, owner(s) of the
above property and have applied for sanitary sewer service from the city
of Clearwater.
The following fees have been paid:
S 900.00
S 200.00
sanitary Impact Fee - Receipt No. f!... - 324-18'
Recreation Facility Fee - Receipt No. promissory Note
The city of Clearwater will provide sanitary sewer service to the
subject property, upon satisfactory completion of a sanitary sewer force
main by the applicant. The construction plans complete with details of
their lift station, force main, and make and model of required check
valves must be reviewed and approved by the city prior to connection to
the city's line. This in no way eliminates the possibility of an
assessment for the owner of the property for the possible future
extension of a gravity main down Duncan Avenue. All 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.
Very truly yours,
Q crl.-J J. yY] ~
Robert J. Maran
civil Engineer III
RJM/ddm
cc: Building Director
Infrastructure: G. smith
city Clerk: Cynthia Goudeau
DOAS: Lisa Kelly
Public Works/Plan Review ~
PENSAMIS.DDM ,.....
Central Permitting Director
Public Works/Engineering
Parks Dept.: Terri Hughes
DOAS: John Scott
Present Owner
"Equal Employment and Affirmative Action Employer"
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PNiO-01 CITY OF CLEARWATER ATTN EARL
PARCEL ID 23-29-15-22176-000-0720 PAZIP YRBLT/EFF FLRS TOT SOFT f/S9FT AYR
1409 S DUNCAN AVE 34616 1963 1963 1,827
OWNER'S NAME AND ADDRESS V P W 6 BLDGS == IMPROVEMENT == HEAT 59FT
SHROYER. JAMES R. 1 01 SINGLE FAMILY 1.563
SHROYER, ANNA B. LEGAL DESCRIPTION CENSUS PBOOr/P6
1409 5 DUNCAN AVE DOUGLAS MANOR 2ND ADD 255.01 47 B
CLEARWATER, FL 34616-2422 LOT 72 HBHD
LOT SIZE ==> ISC COUNTY 002
8.400 SQ FT 80 X 105
YEAR IMPROVEMENT LAND ASSESSMENT AS/FT YEAR
1994 50,100 22.100 72.200 39.51 1994
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE
TAXES PD D TX/FT
1.042.53 Y N 0.57
AMOUNT BOOK/PAGE DT Q T
SELLER'S NAME
====== LAND / PROPERTY USE ======== HOHESTD lP
01 210 SINGLE FAMiLY HOME 25000 N
AMOUNT DATE HTG TYPE RATE NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE BUILDING REVIEW DATE OWNER PHONE
07-APR-92 07-APR-92 813 446 3528
ENTER=FWD F1=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PN10 ISC
READY
RECEIpT
CITY OF CLEARWATER
BUILDING INSPECTIONS DIVISION
10 MISSOURI AVE SOUTH
P. O. BOX 4748
CLEARWATER, FL34618-4748
(813) 462-6567
I
APPLICATION NUMBER: A-027402
PERMIT NUMBER: to be assigned
RECEIPT NBR: R-32418
RECEIPT DATE: 01/18/94
PROJECT ADDRESS: 1409 S DUNCAN AVE
CLEARWATER, FL 34616
CHECK NUMBER: 111
OWNER NAME: SHROYER, JAMES R. & ANNA BELLE
CONTRACTOR NAME:
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
900.00
0.00
0.00
0.00
900.00
0.00
0.00
0.00
900.00
0.00 / /
0.00 / /
0.00 / /
0.00 01118/94
------------ ------------ ------------ ------------
900.00
900.00
900.00
0.00
------------ ------------ ------------ ------------
------------ ------------ ------------ ------------
~~AF
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JAN 1 8 1994
CITV OF CLEARWATER
CENTRAL PERMliTlNG
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1 EXHIBIT A
PINELLAS COUNTY FLA.
OFF.REC.BK 9100 PG 693
PRoMISSORY NOTE----'----
(Recreation ~~and, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
200.90
Clearwater, Florida
Date: 5'~mit~ ~ /995
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 72, DOUGLAS MANOR SECOND ADDITION,
according to the map or plat thereof,
as recorded in Plat Book 47, Page 8,
of the Public Records of pinellas
County, Florida.
The undersigned, its successors, or assigns, or any subseqUeht
owner, promises to pay to the CITY OF CLEARWATER,FLORlbA, or order, the
sum of $ 200.00 in the manner herein specified, the amount beihg
payable in lawful money of the United states of America, to the city ot
Clearwater, Clearwater, Florida (mailing address is P.O. Box 474B,
Clearwater, Florida 34618)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 priot
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, opeb
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present owher of said
real property, knowingly waive any right to contest the amount dUe arid
further admit full liability for the said 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 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 interest 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'~ fee, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
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EXHIBIT A
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
200.90
Clearwater, Florida
Date: 5'~{Jmj.L~ r; /9'15'
.I
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 72, DOUGLAS MANOR SECOND ADDITION,
according to the map or plat thereof,
as recorded in Plat Book 47, Page 8,
of the 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 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 $ 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, 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 shall not
only bind the present owner of said described real property, but shalt
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
I
collectible without notice, and shall bear interest from the date of
such default until paid at the highest rate of interest ~llowable
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.
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WARRANTY DEED (statutol Form) f;~()',2~t5~
IDqin lJubruturr,
OR 12897 PM~~631
Wherever used herein. the term "party" shall Include the heirs. personal representatives.
successors and/ or assigns of the respective parties hereto: the use of the singular number
shall Include the plural. and the plural the singular: the use of any gender shall Include
all genders,
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, A. D. 19 ~ <c?
day of
Made this
'l!&ehueen
MARY M. CALLAHAN, a widow,
of the County of Pinella s
party of the first part, ,and
JAMES R. SHROYER and
mailing address is:
in the State of
Florida
ANNA BELLE SHROYER, his wife; whose
1409 South Duncan, Clearwater,
of the County of Pinellas
party of the second part,
in the State of Florida, 33516
mitnessetq that the said party of the first part, for and in consideration of the sum
of Ten dollars and other valuable consideration, to him in hand paid by the said party of the
second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the
said party of the second part his heirs and assigns forever, the following described land, situate
lying and being in the County of Pinellas , State of Florida, to wit:
LOT SEVENTY-TWO (72), DOUGLAS MANOR SECOND
ADDITION, according to the map or plat
thereof as recorded in Plat Book 47, Page
8 of the public records of Pinellas County,
Florida.
This conveyance is made subject to restrictions, reservations and
easements of record; and also subject to taxes for the year 1968.
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And the, said party of the first part does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
~n mitness 1llIlqerellf, the said party of the first part has hereunto set his hand and
seal the day and year first above written.
~igu.eb ~.ea1.eb nub !Jl.eliu.er.eb in Ql)ur Jr.ea.em.e:
..c.lll a-, 'JJ? r::a"j..,-(
'MARY 1. CALLAHAN
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STATE OF FLORIDA
COUNTY OF PINELLAS
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~ ~.er.eblJ Qtertif~ That on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments,
MARY M. CALLAHAN, a widow,
to me well known and known to me to be the individual described in and who executed the
foregoing deed, and she acknowledged before me that she executed
the same freely and voluntarily for the purposes therein expressed.
1llIlitn.ess my hand and official seal at Clearwater
County of Pine lla s , and State of Florida
day of Augus t , A. D. 19 68.
, this
28th
My Commission Expires
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Notary Public,
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