SEWER ONLY - JOHN DAVID AND MARY ANN LARSEN
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, . INST# 95-223705 I
8PT 7, 1995 3:59P~
AGREEMENT
(Sewer Only)
PINELLAS COUNTY FLA.
OtF.REC.BK 9100 PG 699
THIS AGREEMENT. made and entered into this&lJ/ day of J//, ~A1j,,, ,199S- by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
John David Larsen and Mary Ann Larsen, 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 71, 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.
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and
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y 0- 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
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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
is submitted for processing, or
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~ ' (2) place in escrow a deed transferring title to land or a promissory note made payable to the City
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~ ch 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
~ ~ C'? effectuating the annexation of the subject property;
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d w u:. '(d) that at such time as it becomes possible for the City to annex said real property, this Agreement
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>- u.. o::~will constitute an application to annex at that time, and the City will have the right, upon sixty (60) days written
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(3 Cl \;:"~ notice to the pr,operty owner, to initiate action to annex the property to the City;
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PINELLAS COUNTY FLA.
OFF.RE1.BK 9100 PG 700
(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 sub parcels 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.
WITNESS AS TO OWNER:
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STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME personally appeared JOHN DAVID LARSEN , and ~1ARYM"N LARSEN
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 fo!. the purposes herein expressed; and that said instrument
is the free act and deed of said individual{s).
d.d!! day of PEt'ENI6f19-ii.
Notary Name (print/type) ...:;?;E-S.:$'E ~ ..2/E4~
My Commission Expires:
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$~"".' rl:~. JESSE J. DEAN
i*:I~*i MY COMMISSION' CC 1~~ EXPIRES
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~~i'.....~l -,..... 24, 1995
"P.r..IlI" IlOHllEDTIfIU TROY FAWIIISI*NCf, INC,
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CITY OF CLEARWATER, FLORIDA
By:
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abeth . Deptula
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS
Attest:
tINELLAS COUNTY FLA.
OFF.REC.BK 9100 PG 701
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Cv\;\L.ZtL
Cynthia E. Goudeau
City Clerk
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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.
;c;a' seal th;s d!l day Of~U-
.....~~:'f~~:... DENISE A, WILSON
f*'f'/fs;.':'~,~ tIN COMMISSION # CC 201408 EXPIREG
~~,~,:O'J June 18,1996
....~;,9f.,n-~.... BONDED THRU TROY FAIN INSURANCE, INC.
Notary Name (print/type)
My Commission Expires:
Approved as to form and legal sufficiency
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Pamela K. Akin
City Attorney
3
OFF.REC.BK 9100 PG 70
AGREEMENT TO ANNEX --
ATA 94-03-361 PROPERTY DESCRIPTION
OWNER JOHN D. & MARY A. LARSEN LOT 71, DOUGLAS MANOR, SECOND
APPLICANT ADDmON
ADDRESS Parcel No. 23-29-15-22176-000-0710
1415 DUNCAN A VENUE SOUTH
Section 23 Township 29 Range 15 Atlas Page 315-B
PINELLAS COUNTY FLA.
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CITY
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CLEARWATER
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POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 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. 23/29/15/22176/000/0710
Lot 71, Douqlas Manor Second Addition
1415 Duncan Avenue South
Clearwater, Florida 34616
Dear Mr. Pensa:
Please be advised that J. David and Mary Ann Larsen, owner(s) of the
above property and have applied for sanitary sewer service from the City
of Clearwater.
The following fees have been paid:
900.00
Sanitary Impact Fee - Receipt No.
1<-- 32 LJ f(.o
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200.00
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 I 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,
Qcrt-J-'J. W1~
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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PN10-01 CITY OF CLEARWATER ATTN EARL
PARCEL ID 23-29-15-22176-000-0710 PAiIP YRBLTiEFF FLRS TOT SGFT $/SGFT AVR
1415 S DUNCAN AVE 34616 1963 1963 2.157
OWNER'S NAME AND ADDRESS Y P W G BLOGS == IMPROVEMENT == HEAT 59FT
LARSEN, JOHN D. 1 01 SINGLE FAMiLY 1.970
LARSEN, KARY A. LEGAL DESCRIPTION CENSUS PBOOK/P6
1415 S DUNCAN AVE DOUGLAS MANOR 2ND ADD 255.01 47 8
CLEARWATER. FL 34616-2422 LOT 71 NBHD
LOT SIZE ==> iSC COUNTY 002
8,400 SQ FT 80 X 105
YEAK IMPROVEMENT LAND ASSESSMENT AS/FT YEAR
1994 55,400 22,100 77,500 35.92 1994
SALE DATE AMOUNT BOOK/PAGE OT g T SALE DATE
TAXES PO 0 TXiFT
1,159,59 Y N 0.53
AMOUNT BOOK/PAGE OT Q T
SELLER'S NAME
====== LAND ! PROPERTY USE ======== HOMESTD LP
01 210 SINGLE FAMILY HOME 25000 N
AMOUNT DATE MT6 TYPE RATE NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE BUILDING REVIEW DATE OWNER PHONE
10-JUN-94 10-JUN-94 813 443 4061
ENTER=FWD Fl=DOCS F2=BLDG F4=TAX F5=LGL F7=DIK F8=XFEAT F13=SKTCH Fb=COMP MENU
PNI0 ISC
READY
R E eEl P T
CITY OF CLEARWATER
BUILDING INSPECTIONS DIVISION
10 MISSOURI AVE SOUTH
P. O. BOX 4748
CLEARWATER, FL 34618-4748
(813) 462-6567
APPLICATION NUMBER: A-027401
PERMIT NUMBER: to be assigned
PROJECT ADDRESS: 1415 S DUNCAN AVE
CLEARWATER, Fl 34616
OWNER NAME: LARSEN, J. DAVID AND MARY ANN
CONTRACTOR NAME:
FEE NAME
RECEIPT NBR: R-32416
RECEIPT DATE: 01/18/94
CHECK NUMBER: 9633
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
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
------------ ------------ ------------ ------------
------------ ------------ ------------ ------------
0.00
900.00
900.00
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JAN 1 8 199~
CITY OF CLEARWATER
CENTRAL PERMlnlNG
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PINELLAS COUNTY FLA.
OFF.REC.BK 9100 PG 703 1
EXHIBIT A
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PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due tn
Addition To and/or In Lieu of Land Dedication)
$
200.00
Clearwater, Florida
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Da te: 5.pr/~n1.A,,,, ~ /ff~-
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 71, DOUGLAS ~ffiNOR 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 CLgARWATER, FLORIDA, or order, .the
sum of $ Jon nn 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 474a,
Clearwater, Florida 3461B)or at such other place as may hereafter be '
designated.
One payment of $ 200.00 shall be due at the time the
ptoperty 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, opeh
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present ownet of said
real property, knowingly waive any right to contest the amount dUe and
further admit full liability for the said obligation which shall hot
only bind the present owner of said described real property, but ~hi11
be a covenant which shall run with the land and shall bind and be
enforceable against all subsequent owners of said described teal
propetty whether or not it is mentioned in the deed to said o*ners, ld
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 agreemerits
contained herein, then the entire principal sum shall become due and
collectible without notice, and shall bear interest from the date of I
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's fee, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
By
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FUND Form OGC (Revised 4f72) FLORIDA PRESS 12M-4f72
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~.( GUARANTEE TITLE (OWNER) i
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[!j] CARL 0 DUNBAR JR [!j]
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~ 1968 Bayshore Blvd. i
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i Dunedin ODd . ......,528 I
I Lawyers' Title Guaranty Fund I
I Qualified with and 6upervised by the Insurance Commis.Jioner of Florida I
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ORLANDO, FLORIDA ~
I JCilN DAVID IARSEN and MARY lINN lJ\RSEN ~
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It Declared value 01 property: Effective date 01 tbJs document:
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$
37,900.00
September 19, 1972
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In consideration of application having been made for an opinion on and guarantee of the title to the real property In .Florida described In
Schedule A hereof and In consideration of your (for the seller's) having agreed to pay the fee therefor, the undersigned agrees to render an
opinion and furnish you a guarantee by LAWYERS' TITLE GUARANTY FUND, both the opinion and guarantee to be on Form 1 (OG) of said
Fund. The opinion and the guarantee will be that you have an estate or interest In said real propcrty, as such estate or interest Is specified
In said Schedule A, free of encumbrances, liens, and othcr objections, cxccpt such encumbrances, liens or other objections as are set forth in
Schedule B hereof. This commitment and binder Is subject to the matters sel forth In Schedule B. and subject to the printed Condltlons set
forth in said opinion and guarantee Fund Form 1 (OG), which are hereby incorporated by reference and are made a part of this commit-
ment and binder, and shall be for an amount not more than that set forth as the declared value and shall not be binding until it shall
have been signed by a member (or members) of The Fund and shall expire six (6) months from the effective date set forth above.
This commitment and binder Is delivered and accepted upon the understanding that you have no personal knowledge or Intimation of any
defect, objection, lien or encumbrance affecting said premises other than those shown under Schedules A and B hereof, and your failure to
disclose any such personal information shall render this mitment and binder, and any guarantee issued based thereon, null and void as to
such defect, objection, lien, or encumbrance.
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as shown by Instrument In O. R.
Boo,," 1707
Page
254
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Member's
IN CONSIDERATION of the above named attorney at law (or firm of attorneys at law) having qualified as and being a member (or mem-
bers) of LA WYERS' TITLE GUARANTY FUND, LA WYERS' TITLE GUARANTY FUND (a business trust under the provisions of the Declara-
tion of Trust filed with the Secretary of State of Florida, at Tallahassee, Florida, on March 22, 1947, and any amendments to the Declaration
of Trust) hereby authorizes and binds itself to the foregoing commitment and binder In the manner and to the extent above set forth.
IN WITNESS WHEREOF, LAWYERS' TITLE GUARANTY FUND has caused this document to be executed In its name by its President and
Executive Secretary and Its seal affixed, all by direction of Its Board of Trustees.
SERIAL
Lawyers' Title Guaranty Fund
OGe
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By~/~
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(MEMBER NO.)
Paul J. Stichler
President and Executive Secretary
1. The estate or Interest covered by this Commitment Is:
SCHEDULE A
fee s:ilrq;:>le
PaW.
R. H=ssenqer and Joan E. !V.essenqer
2. Fee simple title of record Is now vested In
3. The real estate on which tbJs commitment and binder Is given Is located If' Pinellas
County, Florida, and Is described as:
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lot 71, DOUGLAS MANOR SECaID ADDITION', according to
map or plat thereof as recorded in Plat Book 47, Page 8,
Public Records of Pinellas County, Florida.
SCHEDULE B
This commitment and binder Is subject to the following defects, liens, encumbrances, and other objections, which will be exceptions under
Schedule B of the guarantee, except such as are eliminated before the guarantee Is Issued, and upon conditions that, before the guarantee Is
issued, a deed of conveyance, contract of sale, or lease (or assignment of lease) has been validly executed and recorded among the public
records of said county, conveying, contracting to sell and convey, or leasing to you (or your nominee) the estate or Interest recited in para-
graph 1 of Schedule A, above:
1. Unpaid taxes for the current year. (If this Commitment and binder runs Into a succeeding year, it will be subject to that year's taxes.)
2. Rights of persons in possession of the property.
3. Facts that an accurate surveyor personal Inspection of the property will disclose.
4. Unrecorded labor, mechanic or materialman liens.
5. Zoning andfor restrictions imposed by governmental authority.
6. Encumbrances, liens, or conveyances, other. than a conveyance to the