SEWER ONLY - JOHN A. AND YOLANDA M. MIOTKE
~
INST # 97-10100J
APR 11, 1997 10:39AM
AGREEMENT
(Sewer Only)
I PINELLAS
'-IJI OFF. REC BK COUNTY FLA
. . 9670 PG .
853
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THIS AGREEMENT, made and entered into this ~ day of
~ ' 19U by and between the CITY OF CLEARWATER, a
municipal corporation, hereinafter referred to as "City", and
John A, Miotke and Yolanda M. Miotke. his Wife
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the municipal
11 RECORI9<<t>llQllaries of the City of Clearwater:
Accj6ou:JJL-
giigc: l2f3..6. . _ Lot 59, Emerald Hill Estates
[)~:-:';2~19 .___0"
Also known as:
1339 Irving Avenue
Clearwater, Florida 34616
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and
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; {' --",,-,-- WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an
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'-;tl;gTeement 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:
The City agrees to provide sewer service, subject to the terms of this Agreement, and to permit the
1 ,
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 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 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;
RETURN TO:
CITY CLERK
POST OFFICE BOX 4748
CLEARWATER, FL 34618-4748
o/-co/ -/1/
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(el
that it is t~ thJ mutual benefit of the Owner and the
PINELLAS COUNTY FL~54
fF.REC.BK 9670 _ PG
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 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
OWNER:
...
BY+ 6f'-~
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ST A TE OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME personally appear A- rn. t ~ ~ ; and
to me known to be the individual(sl desc ibed in and who executed the foregoi
acknowledged before me that they executed the same fur th0 purposes herein expressed; and that said :nstr~ment
-.~s the free act and dee of said indivldual(s),
19 fi?y--
My Commission Expires:
",""1"1 DIANE M DUARTE
~;r.v.rP''t:, "
f*:'~~ MY OOMMI~ ' 00269l19i DEPIRES
~~ . ~1i , h 19. 1997
"~ii!::flI " BONDED TIIlU TROY FAIN INSURANCE, Ire:,
Notary Name (print/type)
2
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~NELLAS COUNTY FLA.
OFF. REC. BK 9670_~(~___855
~
CITY OF CLEARWATER, FLORIDA
Attest:
By:
~ It? f!E;-
E z eth M, eptula
City Manager
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STATE OF FLORIDA)
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.
WITNESS my hand and oHldal seal this 3~ day ot ~ ,19 q 7.
C~C/!~
Notary Public '/ p CAROLYN L. BRINK
.....;s- 1I~ COMMISSION II CC 463040
Notary Name (print/type) ~ is EXPIRES MAY 22,1999
,,<if: '-LANTle BONDING CO., INC.
Of~\." ,,\
My Commission Expires:
Approved as to form and legal sufficiency
Leslie Dougall,Sides
Assistant City Attorne .
I I OFF.REC.BK 9670 PG
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AGREEMENT TO ANNEX
ATA .9..3.- 1k- 34 9 PROPERTY DESCRIPTION
OWNER JOHN MTOTKF. LOT 59, F:MF:RALD HILL F:STATF:S SUB
APPUCANT
ADDRESS 1339 IRVING AVENUE Parcel No, 23-29-15-25794-000-0590
r.LF:A RW A 'I'F.R, F1.0RIDA
Section .za. Township ~ Range 1~ Atlas Page 307R Site Location ~//0:1
A1'AB:s-IZ.UWG
PINELLAS COUNTY FLA.
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_('ceaon aadI 01' ...... 01 the N..-ouve putIM JaIrntoJ tile _ 01 tile t:lDpIar IIIIIIlbv
lbaU Include lb. pl1InI. IIld Ibo PI1InI Ib8 _ Ib8 _ ., ""7 _ _ _
on_
Made thls
1Sehueen
PETER J. ANDRESAKIS
of the County of Suffolk
party of the lint part, and
JOHN A. MIOTKE and YOLANDA M. MIOTKE, his wife.
1339 Irving Ave., Clearwater, Florida, 33516
of the County of Pinellas in the State of Florida.
part \ If the second part,
26th
daj of
August
, A. D. 1967.
and RITA D. ANDRESAKIS, his wife.
in the State of New York
1IlIlitneltltet4 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 heing in the County of Pinellas , State of Florida, to wit:
Lot Fifty-nine (59), EMERALD HILL ESTATES,
according to the map or plat thereof as
recorded in Plat Book ~6, page 18, Public
Records of Pinellas County, Florida.
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STATE 01' FLORIDA
Q..OCUMEN.IAOv TAMP TAX'
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~ 7050S!
COMPTIlOLLER !
P.B,190124 _ -
Subject to Restrictions ahd Easements of Record.
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 c1aims of all persona wholDSOeYlll'.
~n lIIitnel!ll!l lII~ercof. the sald party of the lint part has hereunto set his hand and
seal the day and year first a;'ove written.
~. jjea1eb anb ~~ .. ,~__
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STATE OF NEW Y<JU<
COUNTY OF SUFFOLK
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~ ~erebe <!tertif!! That on thls day personalIy appeared before me, an':~~;~~;'d~Y'"
authorized to administer oaths and take acknowledgments. /~." , .':., :--'
PETER J. ANnRESAKIS and RITA D. ANDRESAKIS; hi~ e.'--
to me well known and known t~ me to be the Individual S described in and :1fho executed Il,e;',:
foregoing deed. and they acknowledged before me that they' ",: ': ex!!, ," =
the same freely and voluntarily for the purposes therein expressed,
, \:' ", ~ .",
lIIitml!ll!l my hand and official seal at ~mithtown """""'." ".'
County of Suffolk , and State of New York ,thls H.'r.Vd) J, c.,,;: ,;UIl
day of j:.tAugust , A, D, 19 67. rl.-' : V,,!:::", S' 't'-s. '!ark
it ND, 52 l ;:;15 Quai: County
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My Commission Explng / ~, j' ,Wd fL y,:// ' I 'L..:..:L:.
'Notary Pub'- ./ '
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MORTGAGE
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nns MORTGAGE. dated the 12th day of Sept_v . A. D. 1967. by and
between I JOHN A. MIO'l'K1 AND YOLANDA M. MIOTKB, hi, wU.
here Inafter called the mortlagor. and .
I BANURSLIlPI CO'1'Allt
I . a corporaHoo orpnized and enaHng WIder the laws of
loW. . hereinafter called the mortgagee.
I'ITNES~ETH, that for divers good and valuable eonslderaliana. and aJao in coaaideratioo of the auregate
sum named ini the promillsory note hereinafter described. the said mortgagor doea hereby arant. herpln. sell. alien.
remise. relea~e, COIIvey, and confirm unto the said mortgagee sll thet certain piece. PBreel, or tract of land 01.
which the sal~ mortlllgor ill now seiud and possessed aad in actual poss_ioo, situate in the county of
Pinella8 and State 01. Florida, described 88 follows:
i
the Stat. or
LOT rzm NINE (S9), DIEm HILL BSTA'l'ES,
accor,ding to the map or plat thereot as recorded
in Plat Book 46, pace It, ot the Publio Recorda ot
Pinella, Count" Florida.
"
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NOTi! F10ri4. DoOullentarr 8taa1f8 10 tb. -ount -$32.70 aftixed to
or1g1~1 note and c.,urti ad. . .
I ' , . ", ' . "
Together wltli all stnactwes snd Improvements now and hereafter PII said land, and fixtures sttached thereto, :
snd e,11 rents, Iss~.s,Proeeeds, snd prolits aeeruing aad to seaue from said premises, all of which are includedj,:;,
within the foregoi~g description snd the habendum thereol.; alao alll8s, steam, electric, water. and other heating.
cooking. rerrigerating. lighting. plumbing. ventilating, Irripting, and powe~ systems, machines, appliances, fix-
tures, and appurtenances, which now are or may hereafter pertain to. or be used with, in, or 00 said premises, even
though they be det~ched or detachable, .
To HAVE AND TO HoLD the same, together with allaad singular the t';nements, hereditaments snd appurte-
nances thereunto ~Ionging or In anywise appertaining, and the'reverslon and reversions, remainder' or remainders,
rents, Issues, and prol.its thereof, snd also all the estate, right, tille, interest, homeStead, dower and right or
dower, separate e$tate, possession, clslm and demsnd whatsoever, as well In law as in 8l{uity, of the said mort-
gagor In and to the: same, snd every part thereof, with the appurtenanc... of the ,s.id morlS-Boo In snd to the sBme,
and evary ....rl snd l>-rcel thereof unto the sBid mortgagee in ree simple. ..
And the mortgagor hereby covenants with the mortgagee, that he Is indefeasibly seized of sald land in' fee
simple; that he hasi full power snd lawful right to convey the same in fee simple as aforesaid; that it shall be law-
ful ror the mortgag~. at alt times pesceab40 and quietly t~ enter upon, hold. occupy, and enjoy said land, and eorery
part thereof; that thJ land is and will remain rree from sll encumbrances; that said mortgagor will make such further
assurances to prov~ the ree simple title to said land In said mortgagee as may be reasonably required, and that
I - .
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EXHIBIT A
PROMISSORY NOTE
(Recreation Land, Reqreation Facilities and Open Space Land Fees Due In
Additi9n To and/or In Lieu of Land Dedication)
$
...; (jD/
0'-00
Clearwater, Florida
Date:
c
7/tL-J
~ /'7'73'
,
This Promis!sory Note to be made an addendum to the Agreement to
Annex for the fOllowing described parcel:
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The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ h2~ 0.::50/ : in the manner herei n speci f ied, the amoun t being
payable in lawful mon~y of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 3461g)or at such other place as may hereafter be
designated.
One paymentiof $ c;200oQ/ 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 mainte~ance 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 ~his promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full li~bility 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 a~l 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 qe made in the payment of any of the sums
mentioned herein, or ~n the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
collectible without nqtice, and shall bear interest from the date of
such default until patd at the highest rate of i~terest allowable
under the laws of the iSta te of Florida. Failure to exercise this
option shall not cons~itute a waiver of the right to exercise the same
in the event of any s~bsequent default.
Each person :herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs,
including a reasonabl~ attorney's fee, whether suit be brought or not,
if after ma turi ty this! notice or defaul thereunder, counsel shall be
employed to collect th~s note.
OWNER:
J 0 \-' N A, J'v\lo"\\L6
By
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