SEWER ONLY - KEITH C. AND DONNA J. KNUDSEN
.1
INST # 97-100996
APR 11, 1997 10:37AM
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AGREEMENT
ISewer Only)
I
~PINELLAS COU.N.T...Y FLA.
~F.REC.BK 967~__~G 831
THIS AGREEMENT. made and entered into this 7c.#--- day of
~-~ , 19-.i2 by and between the CITY OF CLEARWATER, a
municipal corporation, hereinafter referred to as "City", and
Keith C. and Donna J. Knudsen. his Wife
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the municipal
i 1 RECOHlfU:ilJ~aries of the City of Clearwater:
I\CCl' ~20
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:~. ,::~; L1.3l1= Lot 73. Emerald Hill Estates
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Also known as:
1344 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
i'\L _._....--..Agreement with the City for municipal sewer service; and
I i[50-;:; rr 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:
la) to pay the appropriate annexation fee when this Agreement is submitted for processing;
Ib) 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;
Ic) that all recreation land, recreation facilities and open space land dedication and fees will be due
~_M'____,,"___
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 Tm
CITY CLERK !t7ft Cf 3-/ ?:355'
POST OFFICE BOX 4748
Cl~ARWATER, FL 34618-4748
0/-00& -/1
/
( 7
PINELLAS COUNTY FLA.
that it is to t'hJmutual benefit of the Owner and the City, t-~~c'~::~;~ B: t:::~entu:IG 832
(e)
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 Jf 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.
S OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME personally appearedK~ /77..1 C. KNU(Y5t~/'J ,andj)O^l."'-I+:i, J.(Nu DsEtJ
to me known to be the individual(s) described in and who executed the foregoing instrument and severally
ackrlOwiedyed bt:fore fIlE thdtiiley 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
~R lJ1(~ j;jJt~~
Notary Public
1~
day of 'Akc. ,19 '13
Notary Name (print/type)
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My Commission Expires:
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PINELLAS COUNTY FLA.
OFF.REC.BK 9670 PG 833
CITY OF CLEARWATER, FLORIDA
Attest:
By:
~4~~-
EI. eth M. eptula
y Manager
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 official seal this 3 A..A- day of ~, 1 9 q I.
~~.~
Notary Public
Notary Name (print/type)
CAROLYN L. BRINK
63~
~ x EXPIRES MAY 22,1999
~!:::' BONDED THRU
Of f#' A"R.IIN'flO eel~BIN8 eo., ,"0.
My Commission Expires:
Approved as to form and legal sufficiency
I
I
PINELLAS COUNTY FLA.
OFF.REC.BK 9670 PG 834
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AGREEMENT TO ANNEX
ATA ~ -11i:-3~ PROPERTY DESCRIPTION
OWNER KF.T'I'H AND DONNA KNUDSF.N LOT 73, F.MF.RAT.D Hll.T. F.S'I' A 'I'F.S SUR
APPUCANT
ADDRESS 1344 IRVING AVENUE Parcel No. 23 29 15 25794 000 0730
r.r .F. A RW A '1'F.R FT .ORTnA
Section .2..3. Township 2H3- Range 15E- Atlas Page 307B Site Location ~//0:1
-Al'AIl3-18.DllG
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IINST . 91-134466
MAY 21. 1991 4:57PM
. I
J PINELLAS COUNTY FLA.
.. OFF.REC.BK 7575 PO 1201
~
WARRANTY DEED
THIS INDENTURE, Made this / ( day of May, 1991, BETWEEN of
the County of Pinellas and State of Florida, WALKER P. MOORE, JR.
and NATALIE N. MOORE, his wife, "Grantor", and KEITH C. KNUDSEN
..'__.J~~NNA. J. KNUDSEN, ~is wife, whose mail.ing ad~re~.;;,.,i.~, 1.3,44i'
~~~lPl~ce, ~1;C~earl>!ater,'~ Florida ~. 335161."Grantee" ,".1,':", . ·
WI~NESSETH, that the Grantor, for and in consideration of the
sum of Ten and no/l00 ($10.00) Dollars, and other good and valuable
consideration to said Grantor in hand paid, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to Grantee,
and grantee's heirs and assigns forever, the following described
land, situate, lying and being in Pinellas County, Florida, to-wit:
LOT SEVENTY-THREE (73), EMERALD HILL ESTATES,
according to the plat thereof as recorJ~d in
Plat Book 46, Page 18, Public Records of
Pinellas County, Florida.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD AND REAL
PROPERTY TAXES FOR 1991 AND SUBSEQUENT YEARS.
and the said Grantor does hereby fully warranty the title Ie 11,(.
said land, and will defend the same against the lawful claims of
all persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused these presents to be
signed the day and year above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
(-~,~~\L~~~
4~ffl!~)h
,J kL'i uji.f.- iJ ) >J ) l&-i?LL
NATALIE N. MOORE
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this ~.' day of May, 1991 be fore
me, an officer authorized to take acknowledgments, personally
appeared WALKER P. MOORE, JR. and NATALIE N. MOORE, his wife, to me
known to be the person(s) who signed the foregoing and acknowledged
~~~the execution thereof for the uses and purposes therein set fG_th
WITNESS my hand and official seal in the County and State"Ii)lS'c'"
T ~foresaid.'" "~':' \'~ "
'.s-
IF-
IC-
EV ------ _ Notary Public
-------:-. " . ["Iy r.ollunission ex~jrc~;:
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. THIS INSTRUMENT PREPARED BY & RETURN TO
9f) ELWOOD HOGAN, JR., ESQ.
BONNER, HOGAN & PEARSE, P.A.
P. O. BOX 1640
CLEARWATER, FL 34617
(- ",'--.1.1/( (.
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Notary PuIlIIr. State ot f1orlc!4;. ~.
My (o,"",inlon bpir" Oct. 20; 1991
Ic" '~d n"J T.~1 re'.., .1",-.,,::,(, I~~.
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lloeu1'neI\lftty Tn I'd. ~yg(P.'S-
.~;O:i';O Tax Pd.
Kar., F. B, inella. Countt
~ - . u_. IV C....
TOTAL:
('!-lC"."I' .~~n TC"tlOFIlC"r,.
$492.75
t4Q') ....~
- DEBL.(lUJ; ~~
KARLEEN~' ~D BY: ~
",FeORD VERIFl
, '
EXHIBIT A
I
I
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
'J 6 c:/
c:::-'O 0
Date:
Clearwater, Florida
De-C', /, / '77 s
,
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
La -I 7 3 t:~d Jh /1 /=- 5/ A--,f~.s
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zYS ,ee-CdRckd /rJf /a'-/- hoo/c -1r;, I if' /J'
The undersigned, its successors, or assigns, or any subsequent
owner, promises t~pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 02.00 OY 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. .-
00/
One payment of $ d () 0 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 ensurema:Lntenaneeof..-anaccep.table 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 sha~l not
only bind the present owner of said described real property, but s~ll
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 i~terest 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 attorney1s fee, whether suit be brought or not,
if after maturity this notice or default hereunder, counsel shall be
employed to collect this note.
OWNER:
BY~ c- ~~,
~JU({2_ d'. itut oW ~ ^ ·