SEWER AND OR WATER - PHYLLIS SWEARINGEN
., .. - ;. ,
I
80162367
IO.R.5090 PAGE 2136
\~
-..J.
/ I~
T~GR MENT~ made~ an- tered into this ,J!s: day of
,~~
. . ,. ,., - -, A. ., 1980, by and between the CITY
AGREEMENT
OF CLEARWATER, FLORIDA, a mUnicipal corporation, hereinafter
referred to as "City"~ and
, PHYLLIS SWEARINGEN. - .'. ,- - - ,"
,:",r~i;: ,:::;;,;,<
; i ." f~'f."""-i
--+~ "".......C,.ii-" 1 'w: i4oL:':.,...L."
"l"- ....
\J "t(/:Si/~::;()Ij G::'Ui'~
hereinafter referred to as 110wner";
OCT I~ 10 44 AM 'BO
WITNESSETH:
WHEREAS~ the Owner now owns the following described real
property, located outside the municipal boundaries of the City of Clearwater
but within the City of Clearwater service area:
CtJ
r''';
I>
A part of the NWi of the swi of Section 4, Township Z9 South,
Range 16 East, Plnellas County, Florida being more particularly
described as follows: Commence at the northeast corner of the
NW i of the SW i of said Section 4 and go S 00. lZ' 5-4" W., 3Z.98
feet, along east boundary of said Nwt of the swt, (centerline of
McMullen-Booth Road, State Road No. 593); thence N. 89. 47' 06"
W., 50.00 feet, to the Point of Beginning; thence S. 00. IZ' 54"
W, 436.98 feet, along a line 50.00 feet welt of and parallel to
the east boundary of the Nwt of the swt of .aid Section ,4 (center-
line of McMullen-Booth Road, State Road No. 593); thence N 89-
47' 06" W., 437.41 feet; thence N. 45- 14' 35" E., 618. Z9 feet,
to the Point of Beginning
,,~'J
+
)
';,;;,
;: ~J
c" ". ' "
l-.
and
.,.,.
, ."
[,
WHEREAS, the Owner desires to connect to the City sewer and/ or
H,
water main and is agreeable to signing an Agreement with the City for
municipal sewer and/or water services; and
WHEREAS, the City is agreeable to furnishing said services upon
certain conditions and conSiderations;
NOW, THEREFORE, the parties hereto hereby covenant and agree
as follows:
1. The City does hereby agree to provide sewer and/or water
services, subject to the terms of this Agreement, and to permit the Owner
to connect to its
C1 Caoh ~
4{] Ii" C __-/6.t70
41 [I; _____
43 Int ~~'U'
Tot /6. tltJ
sanitary sewer and/or water main at the Owner's expense.
r ( "
"
/-.,
LC ,,~ (.
'~~ '~""'" ,"'~ "-. ); (
\.... ...,.-( \
('';''
-I.
\I"j......~.
(,
, ~
'''::'. --,--" ('~-
I \
\,
\., ("-..u'
1: ,~(,.\'
/,
!, l~'\'
'1
-01- ooro-oL.{ (/~):
~.. -~_.
. -
I
,.R.5 0 9 0 paGE 2137
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.
z. In consideration of the covenants contained in Paragraph 1, im-
mediately above, on the part of the Cityl the Owner agrees:
(a) to pay normal sewer and I or water connection charges and
monthly sewer service and/or water charges to the City on the same 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, 196Z;
(b) 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, Applicable fees for annexation request shall be due and pay-
able upon receipt of this Agreement for proces sing.
(c) The Owner agrees that it is to the mutual benefit of the Owner
and the City, in recognition of the eventual incorporation of the property with-
in 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 t~s Agreement by the City.
(d) All property proposed to be subdivided or otherwise differenti_
ated 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.
(e) The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its successors and assigns, and the City
shall record this document.
(f) The Owner agrees 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
-2-
y -., !
I
o~. 5 0 9 0 PAGE 2138
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.
(g) If "the Owner or its succ~ssors, or assigns, or any
subsequent 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, 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.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
~igned: ~ CITY
.. .. a...:...o... d~BY
ayor-Conurussloner
Approved as to form and
corr
Attest:
.~~L.~~...
City Clerk
OWNER:
BY~~~J~~We~~i'c~J .
I
-3-
.,. "":,.
I
I
O.R. 5 090 PAGE 2139
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this day, before me, an officer' duly
authorized in the State aforesaid and in the County aforesaid to take acknow-
ledgements, personally appeared - .. PHYLLlS-SWEARIN'CEN'
, to me known to be the persons described in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
said thi~t?::ym~ ~cia1_ seal'
My tlQTJWU.~~"..
,MY COMMISSI""" ' MlAQ
IDNDI!D '. ,Yr"I expf. MY . '''11' ;,
n.u GINEIAL lIrA 1""'_"
:,:, &~ .~, ,t~ i~~ !:~:'; ~~,;:;:J C t
:'e-'<;,:~ ' , . _ ," " . \;;;
) "" .r/" ~'~'v'c.~' ,~"\v".~
STATE OF FLORIDA ............ [~~i'~' ",.\"
COUNTY OF PINELLAS ) "'.r, "" ~l'
...'''..,"',4-14~
I HEREBY CERTIFY that on thislcJ~ay of
-(]J~~_.
,
19~, before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, Lucille Williams, and, Charles F. LeCher, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and
officers described in and who executed the foregoing Agreement and severally
acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixed thereto, and the said Agreement is the act and
deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above written.
My cornxnission expires:
. Notary Public, State of Florida at Large
'My Commission Expires Aug. 28. 1982
AnnrtArf Rv 11........p;..._ r;p_ R r"~II.ltv Ct'lmnanY
;;;:.
/
~"" ".', ~...-->
'.J" ',~ '
? :.
.' ) - ,';;
,..- ...-'"),.-~ ", I" I
.... '-',1
.;, .'1,
'/ ,-i"""IO""i~'"
_,.t, /-/ ,.L (/ .... _
- .......'
'''1',", ,
.4.
.:.; .," ..:..
I
~n. 5 0 9 0 PAGE 2 1 ~O
ADDENDUM
THIS ADDENDUM made to that certain Agreement between
CITY OF CLEARWATER, Florida, a municipal corporation, referred
to as "City" and PHYLLIS SWEARINGEN, referred to as "Owner"
relating to the annexation by the City of Clearwater of
certain property described in said Agreement:
NOW, THEREFORE, the parties wish to amend said Agreement
by adding the following paragraph:
4. It is understood and agreed that Phyllis
Swearingen herein referred to as "OWner" is under contract
to sell the within described property and the Owner and the
City hereby specifically agree that in the event the closing
does not take place and the property is not sold to Monogram
Real Estate Counselors, Inc.jCenCor, Inc., then this Agreement
shall automatically become null and void.
IN WITNESS WHEREOFi{h parlies
, 10
hands and seals this . day of
hereunto set their
G-~~ 1980.
\a.g .
~..Qo
.
.
:~/ ...~
, .
Attest: ,:::
o
, .,
~lJ':~:'>,~":
C1tYfi'. "".~>'
, Ii' I;, J" - - - - \"
,:'; \ II "' ".,' ,.'
'j" ~ 'I: , ~
",',/ ,
',.,;.' ;
.
.
d; ~
OWNER:
OWner
r-h A ~
{ ,_ ~ ,A
',--.' ~r w ~~QV\.'{/''-o>VV
~ , tI:!' . ~
) c C T 101
4:
TOWI'..::.(w'"
~~
SuU1'ri. "AlGI:
16
c: AS T
t
I
I
I
l
i
"
I
,
I
I
DESCRIPTION
A part of the N.W. 1/4 of the S.W. 1/4 of Section 4, Township 29 South,
Range 16 East, Pinellas County, Florida being more particularly described
as follows: Commence at the northeast corner of the N.W. 1/4 of the t
s.w. 1/4 of said Section 4 and go S. 000-12',-54" W., 32.98 feet, along east:
boundary of , said N.W. 1/4 of the S.W. 1/4, (centerline of McMullen-Booth I
Road, State Road No. 593); thence N. 890-47'-06" W., 50.00 feet, to the
Point of Beginning; thence S. 000-12'-54" W., 436.98 feet, along a line
50.00 feet west of and parallel to the east boundary of the N.W. 1/4 of the!
S.W. 1/4 of said Section 4 (centerline of McMullen-Booth Road, State Road l
I
No. 593); thence N. 890-47'-06" W., 437.41 feet'; thence N. 450-14'-.35" E., ;
618.29 feet, to the Point of Beginning containing 2.194 acres, more or less.
" t.
, '?~
o \~
r>(j ./
~.
A./E, t'ORIJER OF UWJ1J
OF 5lit/ Y4 OF SEC. 4.
r. z~s., R./~ E.
! .
I
!
I
N
,~".'.~
. '-
l~
f 1 '-J
r~~
l.)ORTI-/ (3,UOv. OF A./tA/ Y4 OF
5. W 1"4 OF 5EC,4. r c,)5., R/(PE,
'(/6'.41'O~ ~w.~
so. 00'
.;"
A ~\~
tyr-;Jp.
t~;r q,~'
,__ t('\ ~\~
'....
'~
I
11tt\~ ~ 1\
0i ~ 5J
~ ~
I
t
I
!
l
, t
t
I
i
PREP.I\RED FOR:
Mr. Robert G. Rogers
101 Wymore R8. Suite 206
Altarnonte Springs, Fl. 32701
\~
\-..>
V'
~\>-G
~
~
I'
I~
Q
~
tri
~
~\'()
~.~
~ '
~ ~~
. ~
{\J "'" (\ ~
;-- ~ 'C.
B ~~
~ ~
'~
..
4-' IJ. ~l}-.- 47' (J{p" rt./.
p;\
"\' .y.\~
,-- ff - ~v.'
4a7. 4/ q... ~ I '
1J.~'.47'cJ"~W \, ~ .1
50.00' ~. 'J I
IJ., \., )
~jJ
~~~
~~
L...~
~~t
LLOVERAS, BAUR AND STEVENS
ENGINEERS - SURVEYORS
SURVEYOR'S CERTIFICATE:
I Nt RlBY CUHII"t'IH.....T A SUIlVlY OF THE PR0PERTY
0. :>CRIl!.: C' HE nE ON W,",S Pf flFOfl.....E 0 UNDE R MY SUPE RVISION ON
__ ___4/!/{/L~~.-l260 AND THAT IT COMPLIES
\\tll.' 'Hi toI.:...IMV..... REOUIREMENTS ADOPllD BY THE F S P l S
AND T.~( :< l r A THE PROPlllTY
.' '- ~, ~ ',A ,., ~ /r
j ,"".., ~... ,..:.,.,i-- -1 /' I ,.
THT\"~~rn~~lA(NTS
I. :
\ ../ 'J"~ ~':- ,/
.....")~, '.;';1(.\,...,,_ REGISTEREO SURVEYOR No/7cP?
6'....'0HhvY"t..LOVERAS
32/0 U.S. HWY. 19 NORTH CLEARWATER, FLORIDA 33516
PHONE: 784-3965
"1!'\lIIIO..S 0,....... By ,{j IA./o//' w,o, 000,
eN ( C K (0 . Y j'
...PP,.O\l[O .'1'
;::s.- :..-
o-7~/CjO-A
OATI: 4-/{P-C30
'C"'l(: 1"= /00'
La ref//"1 Learr7/ng ~fnfer (L.8.G. J./J. 1t'8.1.0)
C{.7 t !~, .. I. -1/ - (? Idll! r~.l
t ~
. ..~.. '.
I
LAW OFFICES
WAITS & THACKER, P.A.
I
Building E. Suite 122. Belcher Plaza
50 South Belcher Road
p,o. Box 5069
Clearwater. Florida 33518
Stephen G, Watts
0, Stephen Thacker II
Michael F. Watts
(813) 461-3232
Our File:
AFFIDAVIT AND CERTIFICATE
OF RECORD TITLE OWNERSHIP
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
STEPHEN G. WATTS, who, after first being duly sworn, deposes
and states as follows:
1. The Affiant is an attorney licensed in the
State of Florida.
2. A review of the public records of Pinellas
County indicates that title to the property
described in Schedule A attached is vested
in Phyllis Swearingen.
3. That said title is vested in Phyllis Swearingen
FURTHER AFFIANT SAYETH NOT.
as of the date of this Affidavit.
(
;,f
,.1 ; ~ ./~, I
~/, ~_ll-'- J.,.
ETEPHEN G. WATTS
SWORN TO AND SUBSCRIBED
before me this 27th day
of December, 1979.
Odd(;~~
1Jbtary PubllC
/My commission expires:
NOTARY PUBLIC, State of Florida at large
My Commission Expires October 31. 198~