WATER ONLY - LEO GAMOW (2)
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o.R.6202 PAGE 2307
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A G R B B M B N T
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WATER ~LY
THIS AGREEMENT, made aDd eDtered 1nto thls 10th da, 01
Februarv
, A.D., 19~ by and between the CITY
OP CLEARWATER, PLORIDA, a mun1cipal corporat10n, here1Datt.~
referred to as .C1ty., and
Leo Gamow
hereinafter referred to as .Owner";
. I T N E S S B'T H:
WHEREAS, the Owner now owns the followinl descrl~.d ~e&l
property, located outside the mun1clpal boundar1es of tbe C1t, 01
Clearwa ter but w1 thln the Cl t.1 of Clearwa t.r !..e~l~,'" ar.'=t
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Commence at the Southwest corner of Lakeview and Keene; thence
South 72 feet for a P.O.B.; thence South 70 feet; thence West
105 feet; thence North 70 feet; thence East 105 feet to the
~~~~~~. In the section 23, township 29, range 15E, in Pin~l~ ~
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WHEREAS, tbe Owner d.slres to connect to the Clt, ....~
'and/or water malD and 1s alreeable to sllnlnl an Alr.....t wi'~
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the C1ty tor munlclpal sewer and/or water servlces; aDd
WHEREAS, the Clty 1s alreeable to f~rDishinl sald ..~.lo..
upon certain condltions andconsiderat10DS;
NOW, THEREPORB, the part1es hereto hereby coveDant aDd ,,~.e
as t,ollows:
1. The C1ty does hereby alree to provide sewer aDd/or wat.r
servlces, subject to the terms ot th18 Alree.ent, and to pe~t
the Owner to connect to lts sanltary sewer and/or water .-io a'
the Owner's e~pen8e.
The City shall not be llable tor any damale resultlnl traa aa,
unavoidable ces8atloD of serv1ce caused-by 'Act of God, Deoe..&~
.a1Dtenance work, or any cause beyond the control of tb. Cit,.
(it!: ~.~4- ,i 06M...
~(/RETlr;N fo.
r-: . CITY CLERK
,-t4!., pOBOX 4748
iJ hs, ~L A'TER FLA. 3351U.,t74tl
7/ ,. -r;LEARW "
This instrument was prepared by:
M. A, Galhrailh, Jr,
. City A Horney
CIty of Clearwater, p, 0 R . 47
G1 . ' .. ox 4n
earwater, FL 33.518.474~"Cll(2..I)
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2.
I
In consideration of the covenants contained in Paragraph
I
o.R.6202 PAGt 2308
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
sam~ basis as sewer service and/or water users outside 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 that 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 2309
(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 this document;
(h) that the terms and provisions of this 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 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 ~he City shall institute
legal proceedings to enforce 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.6202PAGE 2310
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
OWNER
Witnesses as to Owner:
By
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STATE OF FLORIDA. )
COUNTY OF PINELLAS )
Subscribed and sworn to before me this ~ day of
:}-~e~ 191&.
My Commission Expires:
~1rJ d. U
Notary
110' arY- Puhll c Stite off'or lIa U (arlf
t4yt-iimmfs sIn n E.lllris Aug. Ull98'i
BLn4 eel IIY Iowa Nltioni'lln,.' CG'}
CITY OF CLEARWATER, FLORIDA
By
M
Approved as to form and
correctness:
Attest:
JNl
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City Attor
C(fC~. [..- -4.. ...... ._D..~_
C1t Clerk ..
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EXHIBIT A
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fe.s Due In
Addition To and/or In Lieu of Land Dedication)
$200.00
Two hundred and 00/100 dollars
Clearwater, Florida
Date: '1/?lti
This Promissory Note to be made an addendum to the Alreement to
Annex for the followinl described parcel:
....... .....
Commence at the Southwest corner of Lakeview and Keene; thence
South 72 feet for a P.O.8~;thence South 70 feet~ th~nce West
105 feet; thence North 70 feet; thence East 105 feet to the
P.O.B. which is located in Section 23, Township 29, Range 15E
of Pinellas County.
The undersig'ned, its successors, or assilns, or anJ '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 beins
payable in lawful money of the United States of America, to the CitJ of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 474&,
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. Tbe 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 leve~ of park lands, open
space and recreation facilities required to promotetbe health and
welta?eof its c1t1zana aDd visitors.
By signinl this promissory note, I, as pr~sent owner of sa1d
real property, knowingly waive any rilht to contest the ,amount due and
furtber admit full liability for tbe said obligation which shall not
only bind the present owner of said described real property, but .ball
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 sa1d ownel's, ...
stated in the Alreement 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 alreements
contained herein, then the entire principal sum shall become due and
collectible without notice, and shall bear interest from the date ot
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 Wtl, i.\re3preE!~ntmen.t.; r!"'='i:,~~t,
ll()tjJ~.e-.of-.p.rota3~TaiiilllOi;i.ce-d of QI-Efhonor a.nd agrees to pa.3-- 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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..J. -'1 . _ ' -\.CLER~ CIRCUIl COURT I ,I!EGORY, COURS, PANIELLO & JOHNSOi~ .
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Mull 3 ~\4fM '13 . EXCHANGE NATIONAL BANK 8&,.DQ. a":J
WARRANTY DEED TAMPA, FLORIDA 33602 l\j
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~ ~. I. 4006 pAGE177? l\)
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~~' 1973, ~
made this ~ day of r..,
THIS INDENTURE , l\j
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BETWEEN C. HUGH HAYES, joined by his wife, LOUISE HA. , and' MI~D l\:)
WATSON, a widow, of the County of Hi11sborough,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:
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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 IS 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.
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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 personswhom~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
c. Hug ayes
'~4~ (SEAL)
~~-1'~)
Mildred Watson
Witnesses as to Mildred Watson
"
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o.R.6202 P~GE 2313
0_
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
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 ~ day of ~.",\ ~ ; 1973.
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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 ~tL day of ~~~ , 1973.
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Notary Public,
at large
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My commission expires:
Notary Public State of Florida at Lara'
>>Y i:ommission Expires Sept. 9, 1975
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O.R.6202 PAcr 2314
J.N.85l2C
The iamo~rouPJ Inc.
SEC. 23 ,TWI'. 29 S., RGE.15 I.
Pinellas COUNTY, FLA
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LEGAL DESCRIPTION:
Plot Plan of the following described parcel:
Commence at the Southwest corner of Lakeview and Keene; thence South
72 feet for a P.O.B.; thenee South 70 feet; thence West 105 feet; thence
North 70 feet; thence East 105 feet to the P.O.B.
.
~ ELLIOTT LAND SURVEYING
I~ eo. Box 896
lJ CI"'rwaltlr, FlorIda 33517
V 596-5478
-
I HERESY' CERTIFY THAT THE SflRVEY SHOWN
HEREON MEETS THE REOUIREMENTS OF
CHAPTER 21HH-6 FLORIDA ADMINISTRATIVE CODE.
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