SEWER ONLY - LINDA C. JAKOBSEN
,
INST # 97-10J003' I
APR 11, 1997 10:39AM
AGREEMENT
(Sewer Only)
plNELLAS COUNTY FLA.
OFF. REC. BK_~~!~__P_G _ 857
THIS AGREEMENT, made and entered into this 7~ day of
~ ' 19~ by and between the CITY OF CLEARWATER, a
municipal corporation, hereinafter referred to as "City", and
Linda C. Jakobsen
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the municipal
1 i R~.._ OFm~...1 erdaries of the City of Clearwater:
r- C 1~.-1"'10
A..../, l7-IL.IL--
(.~G.'[)f:f1'r-- Lot 70. Emerald Hill Estates
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DS
Also known as:
1360 Irving Avenue
Clearwater, Florida
34616
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and
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:.r';: -.,...-.-....-..- WHEREAS, the Owner- desires to connect to the City sewer main and is agreeable to signing an
:::::;:-:::'; ----Agreement with the City for municipal sewer service; and
, '.1 !o/.5T)-;:Yi WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and considerations;
Y( 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:
(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
'it\RWI\TER, FL 34618-4748
0/--00 I-- "//)1
(I()
,
PINELLAS COUNTY FLA.
5t!-,~~~~_._~K.. 967e>.__~(~__858
City, in recognition of the eventual
(e)
that it is to the mutual benefit of the Owner and the
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
first above written.
OWNER:
B~#~?~
STATE OF FLORIDA )
COUNTY OF PINELLAS ~ /
BEFORE ME personally appeared //44- ~~/~ ,and
to me known to be the individual(s) de cnbed in and who executed the foregoing instrument and severally
acknowledged ore me that they executed the same fo!: the purposes herein expressed; and that said instrument
is the free an dee of said individual(s).
h'~z' .y I.,v o,dL 19~
JOHN E. ARDOLINO
MY COMMISSION It CC 178628
Notary Name (print/t EXPIRES: Man;h 29.1996
Bar.
My Commission Expi
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PINELLAS COUNTY FLA.
OFF.REC.BK 9670 PG 859
CITY OF CLEARWATER, FLORIDA
Attest:
By:
~'~
. Mr' ".
. beth M. eptula
Ity Manager
.~:-t~~..:
Cynthia E. GoGdaalJ
City Clerk
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 ~ day of ~ ' 19 q -, .
~~.~
Notary Public
Notary Name (print/type)
C...t:"...."..'..' "''''INK
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;;" '- EXP:C::::: MAY 22,1999
~ .~ Bor."ED THRU
~eF ,IJ{(' ATlNJTIC ElO~"111\l~ ~O" INC.
My Commission Expires:
Approved as to form and legal sufficiency
Leslie Dougall-Sides
Assistant City Attorney
I
I PINELLAS COUNTY FLA.
OFF.REC.BK 9670 PG 860
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AGREEMENT TO ANNEX
ATA .9..3.- 15: 352 PROPERTY DESCRIPTION
OWNER LINDA .J A KOBSF.N LOT 70, F.MF.RAT.D HILI. F.S'I' A'I'F.S SUB
APPUCANT
ADDRESS 1360 IRVING AVENUE Parcel No. 23-29-15-25794-000-0700
r.r ,F. A RW A 'T'F.R 1<'I.ORmA
Section .2.3- Township ZHS... Range 15E- Atlas Page 307B Site Location ~#0:1
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CLEARWATER, FLORIDA
COMMITMENT FOR TITLE INSURANCE
COVERING:
LOT 70,
EMERALD HILL ESTATES
according to Map or Plat thereof as recorded in
Plat Book 46, Page 18
Public Records of Pinellas County, Florida.
Upon the payment of the premium and within ninety days, TITLE & TRUST
COMPANY OF FLORIDA agrees to issue a FEE Policy of Title Insur-
ance, insuring the title to the above described lands, in favor of:
JOHN H. JAKOBSEN AND LINDA C. JAKOBSEN, HIS WIFE
in the amount of $56,000.00 , subject .to the following exceptions:
1. Any state of facts that may be disclosed by an accurate survey
or personal inspection of the premises. (This exception may
be waived if certified survey is made for use as part of the
Ti tle Policy).
2. Rights or claims of parties in possession of the premises not
shown by the public records.
J. Any unrecorded lien, or right to a lien, imposed by law, for
labor, material or services furnished to the property.
4. Taxes for the year 1978 Paid: AIID any taxes or assessments levied or assessed
subsequent to the date of this Commitment.
5. Any Lien for suRieipal imfPevemeRts er service to caption land
which has not been filed for record in the office of the Clerk
of the Circuit Court of Pinellas County, Florida.
6. SUBJECT to a 5-foot UTIUTY EASEMENT over the Westerly portion of caption land
as shown on the Plat thereof.
7. RESTRICTIONS imposed upon EMERALD HILL ESTATES by Instrument filed for record
September 4, 1957 as Instrument #393272A,. in the office of the Clerk of theCircuit
Court in and for Pinellas County, Florida, which Restrictions were amended by
AMENDMENT filed for Record March li, 1958 as Instrument #448175A, Public Records of
The. Pmellas CqqntYt.Florida. (..SEE ATTACHED. RIDER FOR DE.'l'AILS) (SEE BACK SIDE FOR ADDITIONAL
tl tIe to the f'roperty is now vested in ElCCEPl'IONS)
PHILIP A. FREDRICKSON AND ANN W. FREDRICKSON, HIS WIFE
The Policy will be written when a properly executed ~
from the above named owner to
JOHN H. JAKOBSEN AND LINDA C. JAKOBSEN, HIS WIFE
has been filed for record in the office of the Clerk of the Circuit
Court in and for Pinellas County, Florida; provided, howevernh that
nothing has been filed subsequent to the date of January 8, 1'1(9
that Would change'the condition of the title.
TITLE & TRUST COMPANy'OF"FLORIDA
BY PINELLAS~OU.NTY TTLE COMPANY.
(Loc81 Agent,and A. rneY-i~
By' ~~
.:;.--
,
I
YEAR
1995
SALE DATE
PN10-01 CITY OF CLEARWATER ATTN: ENG
PARCEL ID 23-29-15-25794-000-0700 PAZIP
1360 IRVING AVE 34616
OWNERIS NAME AND ADDRESS V P W
JAKOBSEN, LINDA C.
1360 IRVING AVE
CLEARWATER, FL
34616-3618
LOT SIZE ==> ISC
9,135 SO FT
IMPROVEMENT
N/A
AMOUNT
COUNTY
87 X 105
LAND ASSESSMENT AS/FT YEAR TAXES PD D TX/FT
N/A 78,700 36.10 1995 1,171.13 Y N 0.53
BOOK/PAGE DT 0 T SALE DATE AMOUNT BOOK/PAGE DT 0 T
YRBLT/EFF FLRS TOT SOFT $/SQFT AVR
1958 1958 2,180
G BLDGS == IMPROVEMENT
1 01 SINGLE FAMILY
LEGAL DESCRIPTION CENSUS
EMERALD HILL ESTATES 255.01
LOT 70 NBHD
003
== HEAT SQFT
2,012
PBOOK/PG
46 18
MKT YR BLDG LAND
95 54,700 26,500
MORTGAGE COMPANY
TOT VALUE =====
81,200 01 210
AMOUNT
LAND / PROPERTY USE ===== HOMESTD LP
SINGLE FAMILY HOME 25000 N
DATE MTG TYPE RATE NUMBER
0714934247
OWNER PHONE
813 442 4862
F6=COMP MENU
ISC
SELLERIS NAME
GEN REVIEW DATE BLDG REYIEW DATE
29-APR-92 30-JUN-94
ENTER=FWD F1=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT FI3=SKTCH
PN10
,
I
EXHIBIT A
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
'1 00/
,rOO .
Date:
Clearwater, Florida
1:2 - .:i'.- 7~3
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
f,lLU! A- Ij 11-r.11 ?r;;-l4 -( cJ1 L 67 7CJ
The undersigned, its successors, or assigns, or any subsequent
owner, promi~e~ t2oP~Y to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ Jt6 i 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.
otJ/
One payment of $ t?Lt6. 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 ~ereby 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 matdrity this noticel o~ default hereunder, counsel shall be
employed to dollect this note.
"-~...
OWNER:
By ~~, ,pfl#h~--
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