SEWER ONLY - MILTON AND ALVA JONES
(
: INST # 95-223704 J
8PT 7, 1995 3:59PM
AGREEMENT
(Sewer Only)
IPINELLA8 COUNTY FLA.
OFF.REC.BK 9100 PG 694
THIS AGREEMENT. made and entered into this b /4 day of ,5;~ ~mj~ , 19 o/'.6-by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
Milton D. Jones and Alva L. Jones, his wife,
hereinafter referred to as .. Owner";
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 73, DOUGLAS ~.1ANOR SECOND ADDITION,
according to the map or plat thereof
as recorded in Plat Book 47, Page 8,
of the public records of Pinellas
County, Florida.
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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
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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 116.40through 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 thec;ity
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of Clearwater, or both as required, such deed and promissory note,copies of which are attached
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hereto as Exhibit A (if applicable) to be conveyed or paid prior to the second ordinance reading
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effectuating the annexation of the subject property; ,
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u... (d) that at such time as it becomes possible for the City to annex said real property, this Agreement
EjNill constitute an application to annex at that time, and the City will have the right, upon sixty (60) days writte~,
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~rotice ~o ~ property owner, to initiate actiO~q t~ annex the property to the City; --------
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PINELLAS COUNTY FLA.
OFF}REC.BK 9100 PG 695
(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 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.
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ST A E OF FLORIDA )
COUNTY OF PINELLAS
BEFOREMEpe onallyappeared Milton D. Jones ,and Alva L. Jones
to me know~~1iidividUal(S) described in and who executed the foregoing instrument and severally
acknowledge a 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 AS TO OWNER:
WITNESS my hand and official seal this 15 day of Dee.
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Notary Public
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My Commission Expires:
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iINELLAS COUNTY FLA.
OFF.REC.BK 9100 PG 696
CITY OF CLEARWATER, FLORIDA
Attest:
By:
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W'abeth M. eptula
City Manager
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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.
D W~TNESS my hand and OffiC~' seal this Jq day ~ 19~
( 7}/lH:)J) (l jj 1km. ) 4'.". DalISE A."LSON
Notary Public . !;}' ~ ,J ;~f"tb.~;% MY COMMISSION /J CC 201408 EXPIRES
^ IJ I 1 ~ C ~ ~.~':~f June 18, 1996
Nola,\, Name (rxlnt/typeV)<CA..A~g_ . ' _1 y '"-i.,r." ",""."",,,,,,....-,.,,,,
My Commission Ex"; 'os , /;?..I/ ~ 9:_
Approved as to form and legal sufficiency
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, Pamela K. Akin
City Attorney
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AGREEMENT TO ANNEX
ATA 94-01-359 PROPERTY DESCRIPTION
OWNER MILTON D. JONES LOT 73, DOUGLAS MANOR SECOND
APPLICANT ADDITION
ADDRESS Parcel No. 23-29-15-22176-000-0730
1701 PENNY LANE
Section 23 Township 29 Range 15 Atlas Page 315-B
PINELLAS COUNTY FLA.
OFF.REC.BK 9100 PG 697
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C I T Y
OF CLEARWATER
POST OFFICE BdX 4748
C LEA R W ATE R. F LOR I D A 3 4 6 1 8 - 4 7 4 8
January 18, 1994
Mr. Robert A. Pensa, Director
Pinellas County Building Department
315 Court street
Clearwater, Florida 34616
Re: sanitary Sewer service:
Parcel No. 23/29/15/22176/000/0730
Lot 73, Douglas Manor Second Addition
1701 penny Lane
Clearwater, Florida 34616
Dear Mr, Pensa:
Please be advised that Milton D. Jones, owner(s) of the above property
and have applied for sanitary sewer service from the city of Clearwater.
The following fees have been paid:
900.00
sanitary Impact Fee
- Receipt No.
tZ-32Lf 1<1
$
$
200.00
Recreation Facility Fee
- Receipt No.
promissory Note
The city of Clearwater will provide sanitary sewer service to the
subject property, upon satisfactory completion of a sanitary sewer force
main by the applicant. The construction plans complete with details of
their lift station, force main, and make and model of required check
valves must be reviewed and approved by the city prior to connection to
the city's line. This in no way eliminates the possibility of an
assessment for the owner of the property for the possible future
extension of a gravity main down Penny Lane. All applicable impact fees
have been paid. The City of Clearwater utilities Division will collect
the applicable water meter fee and/or utility deposit fees when applied
for by the applicant.
Very truly yours,
(?crl.J j. m~
Robert J. Maran
civil Engineer III
RJM/ddm
cc: Building Director
Infrastructure: G. smith
city Clerk: Cynthia Goudeau
DOAS: Lisa Kelly
Public Works/Plan Review
PENSAMIS,DDM
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Central Permitting Director
Public Works/Engineering
Parks Dept.: Terri Hughes
DOAS: John Scott
Present Owner
"Equal Employment and Affirmative Action Employer"
R EC E APT
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CITY OF CLEARWATER
BUILDING INSPECTIONS DIVISION
10 MISSOURI AVE SOUTH
P. O. BOX 4748
CLEARWATER, FL 34618-4748
(813) 462-6567
APPLICATION NUMBER: A-027404
PERMIT NUMBER: to be assigned
RECEIPT NBR: R-32419
RECEIPT DATE: 01/18/94
PROJECT ADDRESS: 1701 PENNY LN
CLEARWATER, FL 34616
CHEC~ NUMBER: 3874
OWNER NAME: JONES, MILTON D.
CONTRACTOR NAME:
FEE NAME
--------------- ------------ ------------ ------------ ------------ ---------
--------------- ------------ ------------ ------------ ------------ ---------
FEE DUE PAID-TO-DATE PAID TODAY REMAINING LAST PAID
WATER/SEWER OUT
WATER IMPACT
RECREATION FAC
SWR lI'IPACT
0.00
0.00
0.00
900.00
0.00
0.00
0.00
900.00
0.00
0.00
0.00
900.00
0.00
0.00
0.00 / /
0.00 01/18/94
------------ ------------ ------------ ------------
------------ ------------ ------------ ------------
------------ ------------ ------------ ------------
900.00
900.00
900.00
0.00
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1P~QID
JAN 1 8 1994
CITY OF CLEARWATER
CENTRAL PERMITTING
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PN10-01 CITY OF CLEARWATER ATTN EARL
PARCEL ID 23-29-15-22176-000-0730 PAZIP lRBLT/EFF FLRS TOT 59FT $/SGFT AVR
1701 PENNY LN 34616 1963 1963 1.927
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT == HEAT S9FT
JONES. MILTON D. 1 01 SINGLE FAMILY 1,710
1701 PENNY LN LEGAL DESCRIPTION CENSUS PBOOK/PG
CLEARWATER. FL DOUGLAS MANOR 2ND ADD 255.01 47 8
34616-3631 LOT 73 NBHD
LOT SIIE ==} ISC COUNTY 002
8,400 sa FT 80 X 105
YEAR IMPROVEMENT LAND ASSESSMENT AS/FT YEAR
1994 47,900 24~400 72.300 37.51 1994
SALE DATE AMOUNT BOOK/PAGE DT g T SALE DATE
TAXES PD D TX/FT
1,044.74 1 N 0.54
AMOUNT BOOK/PAGE DT G T
SELLER'S NAME
====== LAND J PROPERTY USE ======== HOMESTD LP
01 210 SINGLE FAMILY HOME 25000 N
AMOUNT DATE MTG TYPE RATE NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE BUILDING REVIEW DATE OWNER PHONE
01-JUN-86 07-APR-92 813 442 0919
ENTER=FWD Fl=DOCS F2=BLDG F4=TAX F5=LSL F7=DIM FB=XFEAT F13=SKTCH F6=COMP MENU
PNI0 ISC
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PINELLAS COUNTY FLA.
OFF.REC.BK 9100 PG 198
EXHIBIT ^
, . PROMISSORY NOTE
(Racreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
200.00
Clearwater, Florida
Da te: :5~hn1J~.{ ~ Iff.r'
This Promissory Note to be made an addendum to the Agreement to
Ahnex for the following described parcel:
Lot 73, DOUGLAS MANOR SECOND ADDITION,
accotding to the map or plat thereof
as recorded in Plat Book 47, Page 8,
of the public records of pinellas
County, Florida.
The undersigned, its successors, or assigns, or any subsequeht
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 200.00 in the manner herein specified, the amount beirtg
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.
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 ot 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, o~eti
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 reat
property whether or not it is mentioned in the deed to said owners, as
stated in the Agreement of which this is a patt.
If default be made in the payment of any of the sums
mentioned perein, or in the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
coll~ctible without notice, and shall bear interest from the date of I
such default until paid at the highest rate of interest ~llowable
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.
By
Milton
a.'J.~
Alva L. Jones
OWNER:
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TUTllLANX REGISTERED U, S, PAT. OFFICE
Tuttle Law PriDt, Publishers. Rutiaod. Vt,
j~~~mkJf~9 0 R 1767 fAGt370
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Wherever used herein, the tflrm "party" shall in-clll,.(/,(! the h.eir.r;, per.rwnal representatilJes,
successors and / or assigns of the respectilJe partie.~ herd,o; the u.~e of the sin~ular number
shall include the plu,ral, and th.e plural the sin.tu.T.ar; the lure of a.lI!! ~~nder .~~all ~ndu.de
all Aenders. and if u",,:ed the term "note" shaU include all the note.,; herc~n deltcrtbed if more
than one ~. .
.Mad&. this
Hetween
25th day of September .11. D. 19 63
RICHARD H. ALBERS and LILLIAN N. ALBERS, his wife
of the Coun~y of Pinellas
party of the first part, and
MILTON D. JONES and ALVA L.JONES, his wife
whose mailing address is: P. O. Box 127, Clearwateri. Florida
of the Countll of Pinellas in the State of F orida
partU..f!.f the second part,
Witnesseth, that the said party of the first part, for and in consideration of
thesur.nofTen Dollars and other valuable consideration____-----~m~
to hir.n in hand paid by the said par:ty of the second part, t~e receipt whereof is hereby
acknowledged, has granted, barga~ned and sold to the sa~d party of the second part
forever, the following described land, situate, lying and being in the County of
Pinellas , State of Florida, to wit:
in the State of
Florida
Lot Seventy-three (73), DOUGLAS MANOR SECOND ADDITION,
according to the map or plat thereof as recorded in
Plat Book 47, Page 8 of the public records of Pinellas
County, Florida, together with all fixtures and
improvements thereon located.
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And the said party of the first part does hereby fully warrant the title to said land,
and will defend the sar.ne adainst the lawful clair.ns of all persons whor.nsoever.
In Witness Whereof.. the said party of the first part has hereunto set his
hand and seal the day and year first Move written.
Signe Sealed and Delivered in Our Presence:
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State of Florida,
County of Pinellas
,I HEREBY CE~TIFY, Tha~ ~n this day personally appeared before me,~?J.,.,;!i'"
officer duly authonzed to admt1J,tster oaths and take acknowledgments, , ,;,~~."lf, ."
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RICHARD H ALBERS and LILLIAN N ALBERS his wife':/~C:'~:\:':/:\:;"::)1
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to r.ne well known and known to me to be the individua13 described iff clnd.:whdi:'
executed the foretoint deed, and they acknowled~ed belo1;e,:ni~ th"a't<, .
they executed the sarn e freely ?-nd voluntarily for the purposes ther~in.exjJ'r'e.9serf~' ':,'
WITNESS my hand and oflicwl seal at Clear:vater.' i ,.' : tel,,' '. '.,,':;;.
County of Pinellas , and State of Flonda,thi,s,,, :~O?f.. '(/;.".'.., ,.-' ,.
day of September ,.11. D. 19 63.,~:,:"-:.<..>",,, .1'\'/1',:,:,:,
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My Comr.nission EXDir~,f1
Notary Public. State on"loflrrcr at lill ge
My Commission Expires Nov, 21, 1965
Bonded by American Surety Co. of N. "(.
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