WATER ONLY - LEO GAMOW
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A G R E E MEN T I
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O.R.6202 PAGE 2317
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WATER ONLY
THIS AGREEMENT, made and entered into this 10th day of
February
, A.D., 19~ by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
Leo Gamow
hereinafter referred to as "Owner";
WIT N E SSE T H:
WHEREAS, the Owner now owns the following described real
.
property, located outside the municipal boundaries of the City of
Clearwater but within the City of Clearwater service area:
LEGAL DESCRIPTION:
Flot Flan of the followin~ d~~crihea parcel:
Commence at the Southwest corner of Lakeview and Keene: thence
South 142 feet for a P.O.B.: thence South 70 feet; thence West
105 feet; thence North 70 feet; thence East 105 feet to the P.O. B."
located in Section 23, Township 295, Range l5E of Pinellas '
County, Florida.
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WHEREAS, the Owner desires to connect to the City sewer
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and/or water main and is agreeable to signing an Agreement with
the City for municipal sewer and/or water services; and
WHEREAS, ,the City is agreeable to furnishing said services
upon certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby covenant and agree
as follows:
1. The City does hereby agree to provide sewer and/or water
services, subject to the terms of this Agreement, and to permit
the Owner to connect to its sanitary sewer and/or water main at
the Owner's expense.
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.
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CLEARWATER, FLA. 33513.4748
This instrument was prepared '1)y ~
M, A, Galhraith, Jr,
City AUorncy
City of Clearwafcr, p, 0, Box 4748. / _ r..,,::-'"
Clearwater, FL 33518.4748 01-<:010 D~ lJ.O)
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O.R.6202 PAGE 2318
2. In consideration of the covenants contained in Paragraph
1; immediately above on the part of the City, the Owner agrees:
(a) to pay the appropriate annexation fee when this
"Agreement is submitted for processing;
(b) .to pay normal sewer and/or water connection charges
and monthly sewer service and/or water charges to the City on the
same basis as sewer service and/or water users ou~side the
municipal boundaries are charged, as set out in the Code of
Ordinances of the City of Clearwater, Florida;
(c) that all recreation land, recreation facilities and
open space land dedication and/or fees will be due upon annex-
ation in an amount and manner as prescribed in Ordinance Nos.
3128-83 and 3129-83. In particular, the owner shall either:
(1) pay the required recreation facilities fee
when this is the only fee required by Ordinance No.
3128-83 at the time this Agreement is submitted for
processing, or
(2) place in escrow such deed transferring title
to land and/or promissory note made payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 and
3129-83, such deed and/or promissory note, copies of
which are attached 'hereto as Exhibit A (if applicable)
to be conveyed and/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 th~t time, and the City will have the
right, upon sixty (60) days written notice of the property owner,
to initiate action to annex the property to the City;
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o.R.6202 PAGE 2319
(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 Fire District
\
requirements as set forth in Chapter Three (3), Standard Building
Code as duly adopted by the City of Clearwater;
(f) all property proposed to be subdivided or otherwise
differentiated from the original parcel described in this
Agreement shall be treated as a single parcel for the purposes of
the subsequent annexation, procedure, individual ownership
notwithstanding;
(g) that the terms and provisions of this Agreement
shall be binding upon its successors and assigns, and the City
shall record th,is document;
(h) that the terms and provisions of this Agreement
shall be a commitment and obligation which shall not only bind
the present o~ner 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; and
(i) if the Owner or its successors, or assigns, or any
J
subsequent owner, shall default in the performance of the terms
and provisions of this Agreement, and the City shall institute
legal proceedings to enforc~ the terms and provisions hereof, the
Owner, its successors and assigns, covenant and agree to pay all
costs of such proceedings including the payment of a reasonable
attorney's fee in connection therewith.
3. All notices to be furnished hereunder shall be furnished
to the City of Clearwater, to the City Manager, P.O. Box 4748,
Clearwater, Florida, 33518.
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O.R.6202 PAGE 2320
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Witnesses as to Owner:
By
~~
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Subscribed and sworn to before me this ~ day of
'4 Q~ 19-1L.
My Commission Expires:
"i"~' ~.""e s~iti of 'hr.'" If Ci~rl'
..,tom~hslnn E_DlrtS Aul. 14~19U
h"nd~d by Iowa N8ti,nallnj-' CD.!
Countersigned:
CITY OF CLEARWATER, FLORIDA
By
Approved as to form
correctness:
Attest:
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City Attorne
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Ci tyfClerk . . ,. .. .... . _----
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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)
$200.00
Date:
Clearwater, Florida
1(1JSb
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Commence at the Southwest corner of Lakeview and Keene; thence
South 142 feet for a P.O.B.; thence South 70 feet; thence West
105 feet; thence North 70 feet; thence East 105 feet to the
P.O.B., located in Section 23, Township 295, Range 15E 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 33518) 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 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's 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
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WARRANTY DEED
IhLs InsLrument '\',',;S ~i.:;prcd C'"J
fb~ _---P-?-'J1-Il..---.:J.Qhnao.D..--- ;='
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, GREGORY, COURS, PANIELLO & JOHNSOi~ ~
EXCHANGE NATIONAL. BANK BLDG. l\:)
TAMPA, FL.ORIDA S3602 0
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lie l.4006 PAGE1777
~~, 1973,
LOUISE HA~ and MILD~D
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THIS INDENTURE, made this db day of
BETWEEN C. HUGH HAYES, joined by his wife,
WATSON, a widow, of the County of Hil1sborough,State of Florida, grantors,
and LEO GAMOW and ELAINE GAMOW, his wife, whose post office address is
968 Greenwood Rd., Teaneck, New Jersey 07666
WITNESSETH, that said grantors, for and in consideration of the sum of
TEN ($10.00) DOLLARS and other good and valuable considerations, to said
grantors in hand paid by said grantees, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantees,
and grantees' heirs and assigns forever, the following described land,
situate, lying and being in PINELLAS COUNTY, FLORIDA, to-wit:
J
From the Northeast corner of the Southeast Quarter (SE 1/4)
of the Northeast Quarter (NE 1/4) of Section 23, Township 29
South, Range 15 East. Run West Three Hundred Ninety (390)
feet, thence Southerly Two Hundred Sixty Three (263) feet,
more or less, thence Three Hundred Ninety (390) feet, Easterly
to a Point, thence North Two Hundred Sixty Three (263) feet,
more or less to P.O.B. otherwise described as the North Two
Hundred Sixty Three (263) feet of the East Three Hundred Ninety
(390) feet of the Southeast Quarter (SE 1/4) of the Northeast
Quarter (NE 1/4) of Section 23, Township 29 South, Range 15
East. LESS A part of the southeast quarter (SE 1/4) of the
northeast quarter (NE 1/4) of Section 23, Township 29 South,
Range 15 East, further described as follows: The east 50 feet
of the north 263 feet and the north 50 feet of the west 340
feet of the east 390 feet of the southeast quarter (SE 1/4)
of the northeast quarter (NE 1/4) of Section 23, Township 29
South, Range 15 East. Subject to existing rights of way over
the east 25 feet and the north 25 feet thereof. Containing
0.34 acres M.O.L. As Public Right of Way, and LESS: All
Rights of way for roads, on Keene Road and Lakeview.
Subject to taxes for year 1973 and subsequent years.
Subject to easements and restrictions of record, if any.
and said grantors do hereby fully warrant the title to said land, and
will defend the same against the lawful claims of all persons _Whom~o-
ever.
IN WITNESS WHEREOF, grantors have hereunto set grantors' hands and
seals the day and year first above written.
and delivered in
(SEAL)
gh and
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Hi ldred \';(1 t son
Witnesses as to Mildred Watson
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O.R.6202 PAGE 2323
D, 1.400,6 PAGE1778
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
I HEREBY CERTIFY that on this day before me, an officer
duly qualified to take acknowledgements, personally appeared C.
HUGH HAYES and LOUISE HAYES, his wife, to me known to be the
persons described in and who executed the foregoing instrument
and acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and
State last aforesaid this .s:. day of '~,"'\ ut , 1973.
.
State o'f<:rlorida.(, ;/,:
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My commission expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day before me, an officer
duly qualified to take acknowledgments, personally appeared MILDRED
WATSON, a widow, to me known to be the person described in and who
executed the foregoing instrument and acknowledged before me that
she executed the same.
WITNESS my hand and official seal in the County and
State last aforesaid this~-ziday of ~~~ , 1973.
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Notary Public,
at large
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My commission expires:
fiotary Public Stale of Florida at large
My Commission Expires Sept. 9. 1975
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PR~PARED FOR I
The Diamon~ ~roup, Inc.
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O.R.6202 PAGE 2324 .J.N. 851200-2
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PineI'Ias COIJNTY, FLA.
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LEGAL DESCRIPTJON:
Plot Plan of the following described parcel:
Commence at the Southwest corner of Lakeview and Keene; thence South 142
, feet for a P.O.B.;, thence South 70 f~et; thence West 105 feet; thence
North 70 feet; thence East 105 feet to the P.D.B.
...
ELLIOTT LAND SURVEYING
f~ I!O. Box 896
\.~ C/6arwa/er, Florida ~3517
V 596-5478
I HEREBY CERTIFY THAT THE SURVEY SHOWN
HEREON MEETS THE REQIJIREMENTS OF
CHAPTER 21HH-6 FLORIDA ADMINISTRATIVE CODE.
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