SEWER ONLY - KENNARD L. AND DOROTHY LUNDGREN AND JOHN JACK R. JR. AND KIMBERLY K. DIEDE
I
INST # 97-100999
~Plt_:1, 19_~7 10:?~'_d
(f~ PINELLAS COUNTY FLA.
5FF.REC.BK 9670 PG 843
AGREEMENT
(Sewer Only)
~
THIS AGREEMENT, made and entered Into this L day of
~ ' 19 If...., by and between the CITY OF CLEARWATER, a
municipal corporation, hereinafter referred to as "City", and
Kennard l. Lundgren and Dorothy Lundgren, His Wife and John "Jack" R.
Diede, Jr. and Kimberly K. Diede, His Wife
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
1\ 8::CORD~erty, located outside the municipal boundaries of the City of
f\(/(. V6QO.:L~!.~rwater:
C:CL .. ... Lot 23, Kapok Forest Subdivision according to the map or plat
:=;... if/: 00 thereof as recorded in Plat Book 47, page 47 of the public records
><., ., ...-----.. of Pinellas County, Florida.
:'1
Also known as:
1116 Kapok Kove Circle
Clearwater, Florida 34619-3212
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. ____ WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an
rc,~. ,~- Agreement with the City for municipal sewer service; and
I} I tov WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and considerations;
t11 ] I NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
/lIt 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 is submitted for processing, or
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;
and
(2)
RETURN TO:
CITY CLERK
POST OFFICE BOX 4748
CLEARWATER, FL 34618-474&
o/-(/r{-IJj
(r )
(e) that it'is tolhe mutual benefit of the Owner and the Cilt, in recognition of the eventual
incorporation (jf the property vAthin the City, to have site and building plans rAviewed 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 first above written.
WITNESS AS TO OWNER./--')
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
FL. b,t..I"~~ Lt l:.. 1;:)300 - 41"-~' -14~-0
..0",11I "-;rAL"tt>l~b~, J"A., BEFORE ME personally appeared I(\M&E,(.L\.f \(. u\Ebc, and
J"()fl.IN "RA'iM.dlllf) \:)IEDf.r~, 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 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 L.-6 ~ day of 3"<I,liIulA.'f , 19~.
~~. ~> Jh~
Notary Public F DONALD D. MELON..
My Comm Exp. 912~
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Notary Name (print/type)
My Commission Expires:
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PINELLAS COUNTY FLA.
OFF.REC.BK 9670 PG 845
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
,WITN~SS AS TO O.WNER' OZ- ~ ~.
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STATE OF FLORIDA" )
COUNTY OF-I2JNEtt:m)
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BEFORE
appeared , and
e known to be the individual(s) described in and who ex ted the foregoing
for t e purposes herein
lJaR~,J
me (print/type)
My Commission Expires: rnz1f7t01
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PINELLAS COUNTY FLA.
OFF.REC.BK 9670 PG 846
CITY OF CLEARWATER, FLORIDA
Attest:
By:
i;bet~ ~.
tv Mana er
~~:~ .
nthia E. Goudeau ". . .
City Clerk . - . - . - . - .
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.
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WITNESS my hand and official seal this 3 day of ~, 19 q 1.
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Notary PUbl~
Notary Name (print/typel
My Commission Expires:
Approved as to form and legal sufficiency
I
PINELLAS COUNTY FLA.
I OFF.REC.BK 9670 PG 847
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AGREEMENT TO ANNEX
PROPERTY DESCRIPTION
OWNER
APPIJCANT
ADDRESS
KENNARD L. & DOROTHY LUNDGREN
LOT 23. KAPOK FOREST SUBDIVISION
1116 KAPOK KOVE CIRCLE
CLEARWATER. FLORIDA
Township 2iS.. Range-16E.
Site Location
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Parcel No. 09-29-16-45108-000-0230
Section ..o..a.
Atlas Page 274A
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Fidelity National Title
INSURANCE COMPANJOF PENNSYLVANIA
NO.7952-253390-9446859
I
5 C H E D U LEA
Date of POlicy: Dece.ber 28, 1994 at 1:19 PM
Allount of Insurance: $86,200.00
1. Nalle of Insured:
KENNARD L. LUNDGREN AND DOROTHY LUNDGREN AND KIMBERLY DIEDE AND JACK DIEDE
2. The estate or interest in the land which is covered in this pOlicy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
KENNARD L. LUNDGREN AND WIFE, DOROTHY LUNDGREN AND
KIMBERLY DIEDE AND HUSBAND, JACK DIEDE
4. The land referred to in this policy is described as follows:
Lot 23 of KAPOK FOREST, according to the Plat thereof, as recorded in Plat Book
47, on page 47, of the Public Records of PINELLAS County, Florida.
Countersigned: FNTIC (LENDER DIVISION)
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By :_;v
AUTHORIZED SIGNATORY ~
CHRISTA K. SMITH
FORM 24-33-90 A (12/92)dap
ALTA OWNER'S POLICY (4-6-90) with Florida Modifications
, f
OPR-l
fORl'\ '/,':r.l-
. PN10'-01 CITY OF CLEARWATt. ATTN: ENG I
PARCEL 10 09-29-16-45108-000-0230 PAZIP YRBLT/EFF tLRS TOT SQFT
1116 KAPOK KOVE CIR 34619 1964 1964 1,940
OWNERIS NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT
KIMBERLY DIEDE 1 01 SINGLE FAMILY
JACK DIEDE LEGAL DESCRIPTION CENSUS
1116 KAPOK KOVE CIR KAPOK FOREST 268.08
CLEARWATER, FL 34619-3212 LOT 23 NBHD
LOT SIZE ==> ISC COUNTY 027
11,770 SQ FT 107 X 110
YEAR IMPROVEMENT LAND ASSESSMENT
1996 N/A N/A 79,200
SALE DATE AMOUNT BOOK/ PAGE DT Q T SALE
DEC. 1994 86,200 8876 1618 Q N
JUN. 1990 65,000 7305 1010 U N
$/SQFT AVR
44.43 1.08
== HEAT SQFT
1,839
PBOOK/PG
47 47
AS/FT YEAR TAXES PD D TX/FT
40.82 1996 1,197.97 Y N 0.61
DATE AMOUNT BOOK/PAGE DT Q T
MKT YR BLDG LAND TOT VALUE ===== LAND / PROPERTY USE =====
96 45,200 34,600 79,800 01 210 SINGLE FAMILY HOME
MORTGAGE COMPANY AMOUNT DATE MTG TYPE RATE
AMSOUTH MORTGAGE CO 41,200 122094 CON ADJUS 7.25
SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE
VINCENT CANNONE 25-MAY-95 25-MAY-95
ENTER=FWD FI=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT Fl3=SKTCH
PN10 RECENT DEED/MTG PRESENT - F1=VIEW
HOMESTD LP
25000 N
NUMBER
OWNER PHONE
813 799 4732
F6=COMP MENU
ISC
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-: 9446.9
DEBRA BANJCS
.. . FIDELITY NATIONAL TITLE
SBlO WEST CYPRESS STREET SUITE E
TAMPA, FLORIDA
Property Appr...... P.rcel 1.0. (Folio) Humber(.):
09.29-16-45108-000-0
PINELLAS COUNTY FLA.
OFF.REC.BK 8876 PG 1618
w.I.. rv DEEO
Mf"io IOV.
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Gr.ntee(.) S.S. 1(.):
INST . 94-350918
DEC 28, 1994 1:19PM
SPACE _ THIS UNE FOR PIlOCES.INQ DATA
IPACE AIIOVE THIS UHf FOA AECOAOfNG DATA
TIllS WARRANTY DEED Madethe Twenciech day of December A.D. 19 94 by
VINCENT CANNONE, SINGLE AND IGNAZIO FONTE, IIJ; SINGLE
whosepostofficeaddrusir 13806 SHADY SHORES, TAMPA, FL 33613
herrinaftu calkd the grantor, to KENNARD L. LUNDGREN AND WIFE DOROTHY LUNDGREN AND
KIMBERLY DIEDE AND HUSBAND JACK DIEDE
whosepostofficeaddressir 1116 KAPOK KOVE CIRCLE, CLEARWATER, FL 34619
herrinafter called the grantee:
~ lIMd '*-in fte tefI'N -;tanSor" and "gral'll'" incluM .. lht ~ 10 this If\IttumIMw: and
the,..,., IeogaI rePf~ and &ftI9tls aI indMduals. ancI the .1oICU~ Md ass.gt\l aI~,
WITNESSETH: That the grantor, for and in consideration of the sum of S 10. 00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bDlgains, sells, aliens, remises,
releases, conveys and confirms unto the grantet!, all that ceTtain land situate in P INELLAS
County, Florida, viz:
LOT 23 OF KAPOK FOREST, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 47, PAGE 47, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
eocumen'.1"Y TiIll Pd S fd>_::; . L( ()
Inlal1glble T.. Pd.
,
I\aI18en F De E!lat.lll. CIefk. Finella. Counly
By ~ Oepu~ Clerk
6C~I'1 SJV 12-21-19'J4 11155124
01 DEHAIHK
REClmIN6 1
DOC STAll' - DIl2I' 3
TOTAL I
Cl€CK (fIT. TEIlDEREJI
CIIAHllE I
tuo
tW.40
tWI.40
tWI.40
t.OO
TOG ETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appeTtaining.
TO HAVE AND TO HOLD, thuameinfusimpleforevu.
AND the grantor hereby cO\ll!nants with said grantee that the grantor is lawfully seiud of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey said land,' that the grantor hereby fully
warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances, except taxes accruing subsequent to the current yetu.
IN WITh'ESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above
wrinUl.
. ...
~ y=-Q
VINCENT CANNONE
;g:7~
rutOl S&pahUW .
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L.S.
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1..5.
IGNAZIO FONTE, III
CinDlor PnAlled H....
STATE OF FLORIDA }
COUNTY OF HILLSBOROUGH }
I HEREBY CERTIFY lhl' on this dlY. before me, In ofticer duly IUlhorized in 'he S'"te Iforesaid and in the County Itoresaid to
take IcknowIedgemenlJ, pelSOnaUy Ippeared
VINCENT CANNONE, AND IGNAZIO FONTE, III
'0 me known to be the pelSOn(s) described in or hls/hl"" produced
oath and who cKeaucd the foregoing instrument and he/she/they executed the same.
IS identification and who did take an
(SEAL)
IIA
DEBRA IIANICS
F FLORIDA
COMMISSION NO. CC407419
MY COMMISSION EXP. OCT. 27.1998
WTTh"ESS my hand and orricial seal in the CounlY and Stale lasl aforesaid t .
~ly CommIssion Expi....:
PERMIT FEE: ..
DEV IMPACT FEE .
SWR IMPACT $
STATE SURCHARGES
WATER IMPACT S
RECREATION FAC S
TRANSPORTATION $
GENERAL SERVICES
PLAN REVIEII FEES
I
0.00
0.00
900.00
0.00
0.00
0.00
O.OOTO BE DETER"INED BY TRAFFIC
0.00 ISSUED BY:
0.00
1116 KAPOK KOVE CIR
AMOUNT DUE: $
AMOUNT PAID: S
BALANCE DUE: $
RECEIPT I: R-62431
900.00
900.00
0.00
RECEIVED BY:
PROJECT DESC: RECEIPT ONLY FOR SEilER IMPACT FEE.
NATURE OF 1I0RK:
COM"ENTS:
ESTIMATED COST: S 0 CONTRACTOR:
METER SIZE: 5/8
BACKFLOII:
BUILDING USE: SWR/RES1/V-U
FLOOD lONE:
OWNER: LUNDGREN RESIDENCE
1116 KAPOK KOVE CIR
97C>.1C>586
ISSUE DATE: 01/28/97
CLEARWATER, FL 34619-3212
I
** 70105.86
COf\:NER 900.00
TOTL 900.00
CHCt(
CII"1l-! nt"
... ....:'-.' ::t l...ll~
~~~~A16:28JAN.28'97CHNG
LINE 06
(V
. --:'-.
PERMIT TYPE: WATER/SEWER OUT