SEWER ONLY - LYDIA DE BARBIERI
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OFF.REC.BK 9893 PG 2540
FEE(~ __._ . AGREEMENT
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THIS AGREEMENT, made and entered Into thts ~~I day of c'\-.0 ~ .
19 V- by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred
to as "City," and Lydia De Barbieri hereinafter referred to as "Owner";
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WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the
municipal boundaries of the City of Clearwater:
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Lot 7, Block 2, Virginia Grove Terrace according to the map or plat thereof as recorded in
Plat Book 37, page 29 of the Public Records of Pinellas County, Florida.
Also known as:
1724 EI Trinidad Drive
Clearwater, Florida 33759
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and
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
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:
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 required 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;
(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
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P!,NELLAS COUNTY FLA
_?~~_'n~~~_~_._~~_9893 PG 2541
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 sub parcels 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 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 the 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, 34618-4748 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 Pin ell as County, Florida.
5. This Agreement shall be recorded in the public records of Pin ell as County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
PAW EL .!lEMP.,c,JSOI'c..4
OWNER:
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Josepl1 C. Nemeth, Power of Attorney for
Lydia De Barbieri
WITNESS AS TO OWNER:
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"'t>cNAL.~ b. M.IELotllE..
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared Joseph C. Nemeth. 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).
:TNESS my hand and official seal this
atAl tJfffl
Notary Public y\
Notary Name (print/type) - IErrl..{ Hhn
My Commission Expires: A p\ 10 1 19q9
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day Of~
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NOIaIY hJblic, Stal(l of FiOrino i
My COtnm. expires Apr. 10, 19fiS ~
No. CC451929 ~
IIondtd Thru WHicud ;Notary ~"blti :j
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PINELLAS COUNTY FLA.
OFF.REC.BK 9893 PG 2542
CITY OF CLEARWATER, FLORIDA
By:
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Attest:
Michael J. Roberto
City Manager
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C yn thia 1l. -Goudeau
City Clerk
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared Michael J. Roberto, 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.
Notary Public
Notary Name (print/type)
My Commission Expires:
d7 daYOfa:h&,;J) .1997
C' /i );Dli<<r~ Denise A. Wilson
/ uuJl!(' i*~ MY COMMISSION # CC538OO8 EXPIRES
~..... June 18. 2000
Rf...' 8OtIDEll1llllU TllOY FAIN INSURANCE. INC.
S/Form - Annexation Agreement 1410.0029
revised 04/25/97
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PINELLAS COUNTY FLA.
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S.R. 590
AGREEMENT TO ANNEX
ATA JIT-Jlli-393 PROPERTY DESCRIPTION
OWNER LYDIA DeBARBIERI LOT 7. BLOCK 2. VIRGINA GROVE TERRACE
APPLICANT
ADDRESS 1724 EL TRINIDADA DRIVE Parcel No. 05-29-16-94320-002-0070
CLEARWATER. FLORIDA
Section .Q5.. Township 2.9S.. Range -16.E. Atlas Page 264A Site Location I'l" / / fi1
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.w~i~Jnbtntu\t;M 29
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.Made thU T wenty-E i ghth da1l 01 August .I.. D. 19 59
lJetween IEN;N.EVANS - PHYLLIS C. EVANS - his wife
ED~ARD C. LUCAS end HEtENE N. LUCAS - hi. wife
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01 the County 01 Pine I I a. and State 01 F I or i do ,
party of tM ftrst part, and ANTHONY DE Bt\RBIERI and LYDIA 1)f,-B'ARBIt:R-t",jhi.:Wife
whose mailine address i81 Route 1, Box 378, Auburndale, Florida,
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party of tM second part,
Witnesseth, that the said party of the first part, for and in consideration of
the. sum of Ten and no/IOO----------------------------------Dollars, to
him in hand paid, tM receipt whereof is hereby acknowledged, has granted, bargain-
ed, sold and transferred, and by these presents does grant, bargain, sell and transfer
unto the said party of the second pari all that certain parcel of land lying and beinJ
in the County of Pine I I as , and State of Florida, more particularly
described aIIfollow8:
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LOT SEVEN - (7) - BLOCK TWO
(2) - VIRGINIA GROVE TERRACE
SUBDIVISION according to Nep
or PI.t thereof 8S recorded in
Plat Book 37 - Page 29 - Public
Recerds .f Pinellas County, FI.ride.
SlATE oi-FLtYRIDA
g.~UMENJ!'Q':' STAMP TAX
~ IIlfZ.'59
2w.Fr.:'U.Ell
P.B.19CI24
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Together with all the tenements, hereditaments and appurtenances, with
every pn'vile~e, Titht, title, interest and estate, dower and ri~ht 01 dower, reversion,
remainder and easement thereto belontint or in anywise appertainint:
To Have and to Hold the same in fee simple forever.
.I1nd the said party of the first part does CQvenant with the said party of the second
part that he is lawfully seized of the said premises, that they are free from all incum-
brance8 and that he has good right and lawful authority to sell the same; and the
said party of tM fir8t part does hereby fully warrant the titre to said land, and will
defend tM same against the lawful claims of all persons whomsoever.
In Witness Whereof, the 8aid party of the first part has hereunto set his
hand and seal the day and year above written.
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735 PAGE 30
OR.
State of Florida,
f
C.
August ./
Phyll isftvans
County of P I NElLAS
I HEREBY CERTIFY, That on this 28th day of
A. D. 1'9 , before me personally appeared Ben M. E vans-
Edward C. Lucas - Helene N. Lucas
to me known to be the person 8 described in and who executed the foretoint con-
veyance t~ Anthony Oe~Barbieri and Lydia OeBarbieri - his wife
and severally acknowledted
the execution thereof to be the i r free act and deed for the uses and purposes
thereinmentioned;andthesaid Phyllis C. Evans the wife of the said
Ben M. Evans and Helene N. Lucas------------------ the wife of the said
Edward C. Lucas ' on a separate
and private examination taken and made by and before me, and separately and
apart from her said husband, did acknowledte that she made her.gelf a party to the
said Deed of Conveyance for the purpose of renouncint, relinquishint and con-
veyint all her ritht, title and interest, whether of dower or of separate property,
statutory or equitable, in and to the lands therein described, and that she executed
said deed freely and voluntarily, and without any constraint, fear, apprehension
or compulsion of or from her said husband.
WITNESS my sitnature and olftcial seal at Clearwater
in thl County of Pine II as and State of Florida, .t1;te day and
year last aforesaid.
/My Cornmi88ion Expires
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>>Y CommIssiOn Expires J~!y 3, 1950
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DURABLE POWER OF ATTORNEY
BY THIS DURABLE POWER OF ATTORNEY, I, LIDIA DEBARBIERI, of
1724 EI Trinidad Drive, Clearwater, Florida, appoint my son-in-law,
JOSEPH C. NEMETH, of 1777 St. Croix Drive, Clearwater, Florida, as
my attorney-in-fact to manage my affairs.
This durable power of attorney shall not be affected by any
physical or mental disability that I may suffer except as provided
by statute, and shall be exercisable from this date. All acts done
by my attorney-in-fact pursuant to this power shall bind me, my
heirs, devisees and personal representatives. This power of
attorney is non-delegable.
All of my property and interests in property are subject to
this durable power of attorney.
Without limiting the broad powers conferred by the preceding
provisions, I authorize my attorney-in-fact to:
1. Collect all sums of money and other property that may be
payable or may belong to me, and execute receipts, releases,
cancellations or discharges.
2. Settle any account in which I have an interest and payor
receive the balance of that account as the case may require.
3. Enter any safe deposit box or other place of safekeeping
standing in my name alone or jointly with another person and remove
the contents and make additions and substitutions.
4. Borrow money on such terms and with such security as my
attorney may think fit and execute all notes, mortgages and other
instruments that my attorney-in-fact finds necessary or desirable.
5. Make, cash, negotiate, accept, endorse or otherwise deal
with any checks or other commercial documents, specifically
including the right to make withdrawals from any account or deposit
in my name alone or jointly with another, or any trust account
which I have established for the benefit of myself or any other
person.
6. Redeem bonds issued by the United States Government or
any of its agencies and any other bonds and any certificates of
deposit or other similar assets belonging to me, in my name alone
or jointly with another.
7. Sell bonds, shares of stock, warrants, debentures or
other assets belonging to me, and execute all assignments and other
instruments necessary or proper for transferring them to the
purchasers, and give good receipts and discharges for all money
payable in respect to them.
8. Invest the proceeds of any redemptions or sales and any
other of my money in bonds, shares of stock, other securities and
real and personal property as my attorney-in-fact shall think fit.
9. Vote at all meetings of stockholders of any company and
I
I
otherwise act as my attorney or proxy in respect of my shares of
stock or other securities or investments that now or hereafter
belong to me, and appoint substitutes or proxies with respect to
any of those shares of stock.
10. Execute in my behalf any tax return and act for me in any
examination, audit, hearing, conference or litigation relating to
taxes, including authority to file and prosecute refund claims, and
enter into any settlements.
11. Purchase, sell, convey, mortgage, rent, lease for any
term, or exchange any and all land and improvements owned by me (or
interests therein), including my homestead real property described
above or any after-acquired homestead real property, for such
consideration and upon such terms and conditions as my attorney-in-
fact may see fit, and execute, acknowledge and deliver all instru-
ments conveying or mortgaging the title to property owned by me
alone as well as any owned by me and any other person jointly.
12. Commence, prosecute, defend and settle all actions or
other legal proceedings touching my estate or any part of it or
touching any matter in which I may be concerned in any way, except
that my said attorney-in-fact shall not be authorized to accept
service of process from or to submit me to the personal jurisdic-
tion of any court as a defendant in any suit or proceeding pending
before the same without further specific, written authority on my
part.
13. Apply for Social Security benefits, Medicare benefits and
reimbursement, medical insurance benefits; and for veteran's
benefits, pensions and allowances; and apply for state Medicaid
benefits.
14. Transfer any assets or interests in property owned by me
as my attorney-in~fact deems appropriate to the Trustees of any
revocable trust created by me during my lifetime.
15. Make decisions regarding my health care, including, but
not limited to, consenting to (or withholding consent to) medical
treatment, hospitalization, surgery, medication, therapy, and/or
placement in a nursing home or other skilled nursing facility, as
my attorney-in-fact shall deem appropriate.
16. Do anything regarding my estate, property and affairs
that I could do myself.
The powers conferred upon my attorney-in-fact extend to all of
my right, title and interest in property in which I may have an
interest jointly with another person, whether in an estate by the
entirety, joint tenancy or tenancy in common.
I
I
This instrument is executed by me while a resident of the
State of Florida, but it is my intention that this power of
attorney shall be exercisable in any other state or jurisdiction
where I may have any property or interests in property.
I hereby confirm all acts of my attorney-in-fact pursuant to
this power.
Any act that is done under this power between the revocation
of this instrument and notice of that revocation to my attorney-in-
fact shall be valid unless the person claiming the benefit of the
act had notice of that revocation.
I HEREBY CERTIFY that the following is the true and authentic
signature of my attorney-in-fact:
~071~--4
Attorney-in-fact
the '- .2?'
IN WITNESS WHEREOF, I have hereunto set my hand and seal
day of ~ , 1996.
Signed, sealed and~delivered
in the presence of:
~--(?~~-
Signature of-vrt'tness
-E. rrtt
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Lydia Debarbieri
~
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STATE OF FLORIDA
COUNTY OF PINELLAS
The ~Rf~going instrument was acknowledged before me this ~~
day of V'~ I 1996, by LYDIA DBBARBIBRI, who is personally
known to me.
4l'A'
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~~Of~
ELYSE M MCGUIRE
My c.......w..., QOq1008
&pn. New. 18. '881
BorId.d by HAl
800-422-,,,
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S~gn t re
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or Typed Name of Notary
Public - State of Florida
My Commission Expires: