ANNEXATION AND PARKLAND AGREEMENT
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ANNEXATION AGREEMENT
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THIS ANNEXATION AGREEMENT is made this JF day of August
1982, between the CITY OF CLEARWATER, FLORIDA ("City"), and MDC
ASSOCIATES 81-A, LTD., a Georgia limited partnership, OR ASSIGNS
("Developer") .
WIT N E SSE T H:
WHEREAS, Sidney Colen ("Colen") owns the real property
described on Exhibit A attached hereto ("the Annex Property") and
the real property described on Exhibit B attached hereto (which
real property together with the Annex Property is sometimes
hereinafter collectively referred to as the "Project Property")
which he has agreed under certain circumstances to convey to
Developer; and
WHEREAS, Developer wishes for the Annex Property to be
annexed into the City provided that the City agrees to certain
conditions relative to the Project Property; and
WHEREAS, the City wishes to annex the Annex Property provid-
ed that Developer agrees to certain conditions relative to the
Project Property; and
WHEREAS, Colen has heretofore filed with the City a Petition
for Annexation and Zoning and an Application to Amend Land Use
Plan relative to the Annex Property; and
WHEREAS, the parties wish to set forth in writing their
agreements relative to the Project Property.
NOW, THEREFORE, in consideration of the mutual promises
herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct.
2. Annexation. City agrees to proceed to annex the Annex
Property into the City as soon as is legally permissible follow-
ing the execution hereof, provided, however, that such annexation
shall not be finally effective prior to receipt by City from
Developer of written notice that the annexation should proceed to
effectuation. Upon receipt by City of such written notice, City
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O.R~5 397 PAGE 2023
shall. move as expeditiously as is legally possible finally to
effectuate the annexation process.
3. Conceptual Development Plan. The Conceptual Develop-
ment Plan (the "Plan") attached hereto as Exhibit C shows the
general parameters for development of the Project Property. Any
development of the Proj ect Property by Developer shall be in
substantial compliance with these parameters. All site and
engineering plans, building plans, Development of Regional Impact
("DRI") Studies, Community Impact Statements ("CIS"), or
amendments or addenda thereto, or other similar documents or
applications relative thereto, that are submitted by Developer to
the City and are consistent with the proposed development as
shown on the Plan, shall be expeditiously processed by the City.
4. Parkland Dedication. To satisfy City's parkland
dedication requirements, Developer shall do the following:
(a) On or before June 1, 1983, Developer shall pay to
City the sum of Fifty Thousand Dollars ($50,000.00).
(b) Developer shall pay to City the additional princi-
pal sum of Fifty Thousand Dollars ($50,000.00), plus interest at
the rate of thirteen percent (13%) on the unpaid balance thereof,
as follows: On the first annual anniversary of the effective
date of the annexation, and annually thereafter until paid in
full, Developer shall pay to City the sum of Ten Thousand Dollars
($10,000.00), plus accrued interest as aforesaid. Developer
shall have the right to prepay without penalty at any time.
(c) Incident to approval of the first site plan for
development of all or a portion of the Project Property, Develop-
er shall declare and record a perpetual open space and recreation
easement in favor of the public over the five (5) acre m.o.l.
green belt area depicted on the Plan as fronting on Gulf-to-Bay
Boulevard and continuing for a distance of three hundred fifty
(350) feet northerly therefrom. The parties agree that the value
of such an easement is Three Hundred Fifty Thousand Dollars
($350,000.00). During the course of development of the Project
Property, Developer shall add passive park improvements such as
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J
I
D.R. 5 397 PAGE 2 024
landscaping, walkways, benches and similar improvements, all of
which shall be subject to City's reasonable approval, of an
aggregate value of Fifty Thousand Dollars ($50,000.00).
Such
area shall be perpetually maintained by Developer and remain
available for public use.
5.
Land Use Designation and Zoning.
Upon annexation of
the Annex Property into the City, the Land Use Plan designation
and Zoning Atlas category for the Property shall be as set forth
on Exhibit C. The portion of the Project Property already within
the City's limits shall continue with the same Land Use Plan
designation and Zoning Atlas category as in effect on July 15,
1982.
The permitted uses, special exceptions, and all area,
set-back, height, parking, landscaping and related requirements
shall be consistent with the respective plan and zoning desig-
nations applicable to the Project Property at the time of the
annexation of the Annex Property. Nothing herein shall preclude
the subsequent amendment of the Land Use Plan or Zoning Atlas
categories or the applicable requirements thereunder, except that
development shall be entitled to proceed in accordance and
consistent with the specific authorization of any development
order issued by the City under its responsibility in the DRI
process as governed by Florida Statutes Chapter 380.
6. Utilities Service.
(a) Sewer. According to Developer's proposed phasing
schedule for
the proposed development, average daily sewer
service requirements will be as follows:
.033
.041
.039
TOTAL (MGD)
.048
.065
.069
I
II
III
RETAIL (MGD)
.015
.024
.030
OFFICE (MGD)
PHASE
TOTAL
.069
.113
.182
Because of the magnitude of the proposed development and the
length of the term over which it wi 11 be in process, City and
Developer recognize the need for maximum certainty regarding the
availability of sewer service for the proposed development. The
City at its cost shall provide sewer service along U.S. Highway
-3-
a.R. 5 3 D 7 PAGE 202 5
19,Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue
adequate and available for use to serve the Project Property.
(b) Water. Water service is available to the Project
Property from water lines along U.S. Highway 19, Gulf-to-Bay
Boulevard, Drew Street, and Hampton Avenue.
The following
projections of average daily water demand are based on Develop-
er's proposed phasing schedule for the proposed project:
PHASE RETAIL (MGD) OFFICE (MGD) TOTAL (MGD)
I .015 .033 .048
II .024 .041 .065
III .030 .039 .069
TOTAL .069 .113 .182
The sizes of the water lines presently in place are sufficient to
service the above described estimated water needs of the proposed
project.
(c) Natural Gas.
The City shall at its expense
install a natural gas distribution system serving the Project
Property where such installation expense can be recovered within
a reasonable time based upon projected revenues to be generated
by such system. Where gas mains are not located within dedicated
rights-of-way or easements, easements shall be provided by
Developer for said mains at no expense to City.
7.
Roads and Signs.
If Developer constructs roads on the
Project Property in general conformance with the design shown on
Exhibi t C and in locations and to specifications acceptable to
the City, then City shall accept any such roads dedicated by
Developer to the public or the City.
Developer agrees that if
such roads are dedicated, it will agree to maintain all median
areas and shall provide reasonable liability insurance to City
with respect to such medians. City recognizes the unique nature
of the proposed development and agrees that business identifi-
cation signs otherwise consistent with City sign regulations and
subject to site plan review requirements, including sign size,
design, and location, may be placed and maintained within
publicly dedicated right-of-way so long as no danger to vehicular
or pedestrian traffic is imposed thereby.
-4-
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~.53e7 PAGE 2027
anticipatory, of this Agreement.
In the event of any litigation
arising out of this Agreement, the prevailing party shall be
enti tIed to recover its costs, including reasonable attorney's
fees.
12.
Effective Date and Term.
Although
executed
on
July 29 , 1982, this Agreement shall not be effective until the
annexation is effective except that paragraphs 1, 2, 11, 12, and
13 shall be effective upon the execution hereof. This Agreement
shall be in effect for ten (10) years following the effective
date of annexation.
13.
Binding Agreement.
This Agreement shall be binding on
and inure to the benefit of the parties and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY
CLEARWATER, FLORIDA
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By:
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Approved as to form and
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"CITY"
Witnesses:
MDC ASSOCIATES 81-A. LTD., a
Georgia limited partnership
By: Yt\(,~~~~~
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"DEVELOPER"
RE24.1
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O. R. 5 3 9 7 PAGE 2 0 2 8
NORTH PARCEL
DESCRIPTION:
Begin at the northwest corner of the N.E. 1/4 of the N.W. 1/4 of
Section 17, Township 29 South, Range 16 East, Pinel1as County, Florida
and go S. 890-56'-11" E., 1312.06 feet; along the north, boundary
of said N.E. 1/4 of the N.W. 1/4 of Section 17, to a point on the west
right-of-way line of Hampton Road - County. Road No. 144; thence
S. 000-19'-21" E., 1333.85 feet, along said west right-of-way line
to a point on the south boundary of the N.E. 1/4 of the N.W. 1/4
of said Section 17; thence S. 890-54'-49" W., 1328.31 feet, along the
south boundary of the N.E. 1/4 of the N:W. 1/4 of said Section 17,
to the southwest corner of said N.E. 1/4 of the N.W. 1/4 of Section 17;
thence N. 000-22'-28" E., 1337.33 feet, along the west boundary of the
N.E. 1/4 of the N.W. 1/4 of said Section 17, to the Point of Beginning.
Containing 40.477 acres, more or less.
SOUTH PARCEL
DESCRIPTION:
Commence at the southeast corner of the N.W. 1/4 of Section 17,
Township 29 South, Range 16 East, Pine11as County, Florida and go
N. 000-19'-21" W., 330.00 feet, along the east boundary of said
N.W. 1/4; thence S. 890-46'-01" W., 33~00 feet, to a point on the west right-
of-way 1 ine of H:impton Road- County Road No. 144 for a Point of Beginning;
thence S. 890-46'-01" W., 1998.14 feet, along a line 330.00 feet
north of and parallel to the south boundary of said N.W. 1/4 of
Section 17; thence N. 010-04'-04" E., 329.92 feet; thence
S. 890-46'-01" W., 198.43 feet; thence N. 000-52'-2111 E., 554.70
feet; thence S. 890-54'-49" W., 174.94 feet; thence' N. 000-53'-42" E.,
125.02 feet, to a point on the north boundary of the S.W. 1/4 of the
N.W. 1/4 of said Section 17; thence N. 890-54'-49" E., 2349.30 feet,
along the north boundaries of the S.W. 1/4 and S.E. 1/4 of said
N.W. 1/4 of Section 17, to a point on the west right-of-way line
of Hampton Road - County Road No. 144; thence S. 000 -19' -21" E.,
1003.86 feet, along said west right-of-way line, to the Point of
Beginning. Containing 49.496 acres, more or less.
EXHIBIT IIA"
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O.R. 5 397 PAGE 2029
DESCRIPTION:
Commence at the southeast corner of the N.W. 1/4 of Section 17,
Township 29 South, Range 16 East, Pinellas County, Florida and go
S. 890-461-01" W., 660.00 feet, along the south boundary of said
N.W. 1/4 (centerline of Gulf to Bay Boulevard - State Road No. 60);
thence N. .000-19'-21" W., 50.00 feet, to a point on the north right-of-way linE
of Gulf to Bay Boulevard;foraPo-intofBeginning;thence,following said north
right-of-way line, S. 890-461-01" W., 58.49 feet; thence N. 000-131-59" W.,
10.00 feet; thence S. 890-461-01" W., 1319.21 feet; thence, leaving
said north right-of-way line, N. 010-04'-04" E., 270.07 feet; thence
N. 890-46'-01" E., 1371.13 feet, along a line 330.00 feet north of
and parallel to, the south boundary of said N.W. 1/4 of Section 17;
thence S. 000-191-21" E., 280.00 feet, to the Point of Beginning.
Containing 8.533 acres, more or less.
EXHIBIT "BI'
O.R. 5 3 B 7 PAGE 20 30
LAND USE DATA
LAND USE ACRElI'
OFFICI: I lET AI.. 10.8,
~ OFFICE I AETAI.. 27.8
MDlI8E OFFICE 9.1
OFFICE PARI( 38.lI
PARKS 5.0
ROAD R.o.W. U
TOTAL .,
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.CONCEPTUAL DEVELOPMENT PLAN
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Metro Development Corporation
Post, Budtley, SctIuh It Jemigen, Inc.
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NOTE:
THE SEWER AND WATER REQUIREMENTS DESCRIBED IN
PARAGRAPH 6 OF THIS AGREEMENT ARE BASED ON AN
ASSUMED TOTAL PROJECT SQUARE FOOTAGE OF 1,960,000.
TO THE EXTENT THAT THE TOTAL PROJECT SQUARE FOOTAGE
MAY BE REDUCED BELOW 1,960,000, THE SEWER AND WATER
SERVICE REQUIREMENTS WOULD BE CORRESPONDINGLY
REDUCED.
EXHIBIT C
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I O,R. 5 3 e 7 PAGE 2031
. . This property is the City well site property
fronting on u.s. Highway 19 service road
north of State Road 60. An accurate legal
description mutually acceptable to City and
Developer shall be prepared and substituted
for this Exhibit D.
EXHIBIT D
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