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SEWER ONLY - DUKA PROPERTIES LLC OF THE TRUST 1958 LAND TRUSTKEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2013259398 08/08/2013 at 08 :30 AM OFF REC BK: 18116 PG: 993 -995 DocType:AGM RECORDING: $27.00 AGREEMENT (Sewer Only) nn 20_I � THIS AGREEMENT, made and entered into this 11-1`1 day of c.,uc. , by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City," and Duka Properties, LLC, a Florida Limited Liability Company as Trustee, of the Trust 1958 Land Trust hereinafter referred to as "Owner "; A.T.A. 13 -24 -534 WITNESSETH: WHEREAS, the Owner now owns the following described real property, located outside the municipal boundaries of the City of Clearwater: Parcel ID #: 03- 29 -15- 28098 - 000 -0190 Legal Description: Lot 19, Floradel Subdivision according to the map or plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida. Also known as: 1958 Chenango Avenue Clearwater, Florida 33755 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 Clearwater Community Development Code Chapter 54. 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, with no further notice to the 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 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 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, 33758 -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 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. OWN S): acaj, Manager STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME personally appeared Zuke Jacaj, Manager of Duka Properties, LLC, a Florida Limited Liability Company as Trustee, of the Trust 1958 Land Trust 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). WITNESS my hand and of . 1 this day of , 20/3 No blic N Name (print /type) My Commission Expires: : . pie!. JOANNE M RATSEK - `t�� °.�`� Notary Public - State of Florida •e My Comm. Expires Aug 11. 2014 Commission # EE 16440 OF , , , Bonded Through National Notary Assn • • CITY OF CLEARWATER, FLORIDA By: W LALIAA■%' 41/49-t-W4:7-4 William B. Horne II City Manager STATE OF FLORIDA ) COUNTY OF PINELLAS ) Attest: Rosemarie Call City Clerk BEFORE ME personally appeared William B. Horne II, the City Manager of the above -named City, who acknowledged that he executed the foregoing instrument. He is personally known to me and did not take an oath. WITNESS my hand and official seal this \ 54— day of , 20 1 3 . Notary Public Notary Name (print /type) My Commission Expires: A p ved as to form: Leslie K. Dougall- Assistant City Attorney S /Form - Annexation Agreement 1410.0029 REV. 2/27/13 2 iARY SANDRA HARRIGER cvl NOTARY PUBLIC ESTATE OF FLORIDA Comm# EE142238 Expires 1/4/2016 2013 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT# L09000110779 Mar 26, 2013 Secretary of State Entity Name: DUKA PROPERTIES,LLC Current Principal Place of Business: 13 HARBOR OAKS CIR SAFETY HARBOR, FL 34695 Current Mailing Address: 13 HARBOR OAKS CIR SAFETY HARBOR, FL 34695 US FEI Number: 27- 1326051 Certificate of Status Desired: No Name and Address of Current Registered Agent: JACAJ, ZUKE 13 HARBOR OAKS CIR SAFETY HARBOR, FL 34695 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Manager /Member Detail Detail : Title MGR Title MGR Name JACAJ, ZUKE Name ILIRIAN, JACAJ Address 13 HARBOR OAKS CIR Address 2451 MCMULLEN BOOTH RD STE 200 City- State -Zip: SAFETY HARBOR FL 34695 City -State -Zip: CEARWATER FL 33759 Title MGR Name AURELA, MUSTALI Address 13 HARBOR OAKS CIR City- State -Zip: SAFETY HARBOR FL 34695 I hereby certify that the information indicated on this report or supplemental report is tore and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: ZUKE JACAJ MNGR 03/26/2013 Electronic Signature of Signing Manager /Member Detail Date Property Appraiser General Information Page 1 of 5 Interactive Map of this parcel Sales Query Back to Query Results New Search Tax Collector Fiome Page Contact Us WM 03- 29 -15- 28098 - 000 -0190 Online Property Record Card Portability Data Current as of July 23, Calculator 2013 Print Radius Improvement Value Search per F.S. 553.844 Ownership/Mailing Address Site Address 1958 LAND TRUST DUKA PROPERTIES LLC THE 13 HARBOR OAKS CIR SAFETY HARBOR FL 34695 -2819 1958 CHENANGO AVE CLEARWATER 33755 - Property Use: 0110 (Single Family Home) [click here to hide] 2013 Legal Description FLORADEL SUB LOT 19 Living Units: 1 2013 Exemptions Mortgage Letter n File 2013 Caps /Classified Agricultural Value for Homestead Exemption Evacuation Zone Plat Book/Page Save - Our -Homes Cap Percentage: 0.00% Homestead: No Government: No Non - Homestead 10% Cap: Yes Classified Agricultural: No Institutional: No Historic: No 2013 Parcel Information 2012 Trim Notice Most Recent Recording [Sales Comparison Census Tract Evacuation Zone Plat Book/Page 16984/0655 ® $43,600 Sales Query 12103026300 E 015/007 1 Year 2013 Save -Our- Homes cap No 2013 Preliminary Value Information Just/Market Value $33,329 Assessed Value/ County SOH Cap Taxable Value $33,329 $33,329 School Taxable Value $33,329 Municipal Taxable Value $33,329 Year 2012 2011 2010 2009 2008 [click here to hide] Value History as Certified (yellow indicates correction on file) School Taxable Value No $30,395 No $38,347 No $45,664 No $61,180 No $75,600 Save -Our- Homes Cap Just /Market Assessed Value/ Value SOH Cap County Taxable Value $30,395 $38,347 $45,664 $61,180 $75,600 $30,395 $38,347 $45,664 $61,180 $75,600 $30,395 $38,347 $45,664 $61,180 $75,600 http : / /www.pcpao.org /general.php ?strap = 152903280980000190 Municipal Taxable Value $30,395 $38,347 $45,664 $61,180 $75,600 7/23/2013 I #: 2010210411 BK: 16984 PG: 655, 07/27/2010 at 02:55 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $108.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU13 Q' e CCU 0 Q- 6 o L Prepared By and Return To: Name: Nicole K. Rolf WATSON TITLE INSURANCE AGENCY, INC. 1901 W. CYPRESS CREEK ROAD 3RD FLOOR 3rd Floor FT. LAUDERDALE, FL 33309 WTI 2010 -04794 Parcel Number: 03- 29 -15- 28098 - 000 -0190 Special Warranty Deed THIS INDENTURE, made this 6th day of July, 2010, Academy 'Mortga Corporation, a Utah Corporation d /b /a Academy Mortgage Rome Loan Corp., a Utah Corporation hereinafter called the Grantor, whosead4ress 4055 South 700 East Suite 200 Salt Lake City, Utah 84107 and Duka Properties, LLC, a Florida Limited Liability Company, as Trustee, of the Trust 1958 Land Trust, dated June I4, 2010, hereinafter called the Grantee whose address is 1009 Druid Road' .least, Clearwater, FL 33756. • ' ` PURSUANT TO FLORIDA STATUTE 689.071, THE TR `V'W4S'PifLC POWER AND AUTHORITY TO PROTECT, TO CONSERVE, TO SELL;, �C¢NVEY, TO LEASE, TO ENCUMBER, OR OTHERWISE MANAGE AND DISPO OF THE TEAL 'ESTATE HERETOFORE CONVEYED.' (Wherever used herein the terms "Geanfo1'and tviantee include the parties to this instrument and their heirs,' legal representatives and assignees of individuals, and assigns of corporations) • WITNESSETH: the Grantor, Yoe` Arid -in-Consideration of the sum of TEN AND 00 /100 DOJ ARS,`,($1ab4) and other good and valuable consideration, receipt whereo 'is hereby acknowledged by these presents does grant, bargain and, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain',and'situate in PINELLAS County, Florida, viz: LOT ;9. FLORADEL SUBDIVISION. ACCORDING TO THE PLAT THEREOF AS RECORDED IN i'LAT='.EOOK 15. PAGE 7. OF THE PUBLIC RECORDS OF PINELLAS COUNT; FLORIDA. A/-K/A11958 Cheryanao Avenue Clearwater. FL 33755 Subject to: Restrictions, limitations, conditions, reservations, covenants `,'and' easements of Record, if any, all applicable zoning ordinances, and 'Tames for year 2010 and all subsequent years. " • 'TOGETHER with all the tenements, hereditament and appurtenances thereto • llelonging or in otherwise appertaining. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple, that it has good right and lawful authority to sell and convey said land, that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. • .; PINELLAS COUNTY FL OFF. REC. BK 16984 PG 656 IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name, and its' corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Wherever the text in this Deed so requires, the use of any gender shall be ; ; 1 ' deemed to include all genders, and the use of the singular shall include the ; plural. -; _ _ / , „ ,, ,1 in our presence: , Academy Mo y • • • • ration, a Utah` . • - • Corporate • • d /b /a Accede y Mo ' Home Signed, sealed and delivered ted Signature) a DQXAink■■ 'li W\u (Printed Signa e) , - - STATE OF Ufah % % SS: COUNTY OF /' ss The fpregp�g- insfrumt was acknowledged before me this of July, 20 10.by Adam* Hessler as President of Academy Mortgage Corporation, a Utah botporation d /b /a Academy Mortgage Home Loan Corp., a Utah ,'Corporation pdaionally known to me and who did take oath. BY: — - 1 Adam Hessler TITLE: President. • > . � POThR 1 1 +s souv,uome. 1 1 G. wa0.+186.+,00_ 1 aatrigla