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SEWER ONLY - RUPPEL FARMS LLCAGREEMENT (Sewer Only) „d THIS AGREEMENT, made and entered into this A a day of 20i3, (52�', -.4 by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City,” and Ruppel Farms, LLC hereinafter referred to as "Owner "; A.T.A. 13 -44 -554 WITNESSETH: WHEREAS, the Owner now owns the following described real property, located outside the municipal boundaries of the City of Clearwater: Parcel ID #: 33- 28 -16- 00000 - 330 -1110 Legal Description: See attached Exhibit "A" Also known as: 3030 Union Street Clearwater, Florida 33759 and KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2013346306 10/25/2013 at 09:13 AM OFF REC BK: 18204 PG: 2330 -2333 DocType:AGM RECORDING: $35.50 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; Page 1 of 4 (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. WITNESS AS TO OWNER: OWNER Dennis G. Ruppel STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME personally appeared Dennis G. Ruppel as Managing Member of Ruppel Farms, LLC , 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 official seal this 3O?LJi day of 0 - L i- , 201 . RoltirweA Notary Public Notary Name (print /type) My Commission Expires: . MALINDA SUE rASSETr Commission # EE 828883 Expires October 4 2016 Balled ThN Troy Fan Insurance 80431157019 Page 2 of 4 CITY OF CLEARWATER, FLORIDA By: WL 61464.1/u2—,-'4t- William B. Horne II City Manager STATE OF FLORIDA ) COUNTY OF PINELLAS ) Attest: au.1( altL 0 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 2 day of (C,-ober , 20 13 . Notary Public Notary Name (print /type) My Commission Expires: Ap oved as to form: rvg-rm_ 46u -t c, P Leslie K. Dougall-Sid Assistant City Attorney S /Form - Annexation Agreement 1410.0029 REV. 2/27/13 Page 3 of 4 SANDRA HARRIGER NOTARY PUBLIC STATE OF FLORIDA Cornet# EE142238 Evires 144'/£918 EXHIBIT "A" A PORTION OF THE WEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST 1/4, NORTH 00 °19'40" WEST, A DISTANCE OF 1,292.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00 °19'40" WEST, A DISTANCE OF 33.00 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE ALONG THE NORTH BOUNDARY LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, NORTH 89 °56'26" EAST, A DISTANCE OF 667.35 TO THE EAST BOUNDARY LINE OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00 °17'48" EAST, A DISTANCE OF 33.00 FEET; THENCE SOUTH 89 °56'26" WEST, A DISTANCE OF 667.33 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.51 ACRES MORE OR LESS. Page 4 of 4 Property Appraiser General Information Page 1 of 4 Interactive Map of this parcel Sales Query Back to Query Results New Search Tax Collector Home Page Contact Us WM 33- 28 -16- 00000 - 330 -1110 Online Property Record Card Portability Data Current as of October Print 04, 2013 Calculator Radius Search Ownership/Mailing Address Site Address MAJESTIC OAKS LP 9400 RIVER CROSSING BLVD STE 102 NEW PORT RICHEY FL 34655 0 UNION ST CLEARWATER 33759- Improvement Value per F.S. 553.844 Property Use: 5010 (Improved Agricultural) [click here to hide] 2013 Legal Description N 33FT(S) OF W 1/2 OF SW 1/4 OF SW 1/4 OF SEC 33 -28 -16 Living Units: 2013 Exemptions E File for Homestead Exemption Homestead: No Institutional: No Government: No Historic: No 2013 Parcel Use Homestead Use Percentage: 0.00% Sales Classified Agricultural: Yes Non - Homestead Use Percentage: 100.00% 2013 Parcel Information 2013 Trim Notice Most Recent Recording Sales Census Evacuation Zone (NOT the same as a FEMA Flood Zone) Plat Book/Page Comparison Tract 18169/1360 ® 12103026813 Check Year Save -Our- Homes cap 2013 Preliminary Value Information Just/Market Assessed Value/ County Value SOH Cap Taxable Value 2013 No $50,000 $1,500 $1,500 School Taxable Value $1,500 Municipal Taxable Value $1,500 Year [click here to hide] Value History as Certified (yellow indicates correction on file) School Taxable Value Save -Our- Homes Cap Just/Market Assessed Value/ County SOH Cap Taxable Value No History Value Municipal Taxable Value 2012 Tax Information Click Here for 2012 Tax Bill Tax District: CTF Ranked Sales (What are Ranked sales) See all transactions Sale Date Book/Page Price KEE V/I http://www.pcpao.org/general.php?strap=162833000003301110 10/16/2013 Property Appraiser General Information 2013 Proposed Millage Rate 22.1348 2013 Est Taxes w/o Cap or $1,106.74 Exemptions A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. Click here for more information. 27 Aug Page 2 of 4 18169 / $3,500,000 M I 2013 1360 ■ Seawall: No Land Use Market Value Of Ag Land (50) Past + Graze + Hse Farm (60) Land Size 33x667 33x667 2013 Land Information Frontage: None Unit Units Value 100000.00 0.5000 3000.00 0.5000 Total Adjustments 1.0000 1.0000 View: Adjusted Method Value $50,000 AC $1,500 AC [click here to hide] 2013 Extra Features Description Value/Unit Units Total NewValue No Extra Features on Record Depreciated Value Year [click here to hide] Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Description Issue Date Estimated Value No Permit Data Found http://www.pcpao.org/general.php?strap=162833000003301110 10/16/2013 Property Appraiser General Information Page 3 of 4 Interactive Map of this parcel Sales Query Back to Query Results New Search Tax Collector Home Page Contact Us http : / /www.pcpao.org /general.php ?strap = 162833000003301110 10/16/2013 I #: 2013310482 BK: 18169 PG: 1360, 09/23/2013 at 02:01 PM, RECORDING 4 PAGES $35.50+ D DOC STAMP COLLECTION $24500.00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU10 ktC 7C,_ (?y .5— . i ):1 Prepared by and Retum to: Dennis G. Ruppel, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, Florida 33757 -1368 Telephone: 727 -461 -1818 STATUTORY WARRANTY DEED ,,, THIS INDENTURE, is made on itt19LL5f ai' 2411; lietfnreen RUPPEL FARMS, LLC, a Florida limited liability company ( "Qrantat'')s, whose post office address is c/o Dennis G. Ruppel, Esq., 911 Chestnut Street; ,CJeakwater, FL 33756, and MAJESTIC OAKS L.P., a Florida limited partnership ( "Grantee "), whose post office address is 9400 River Crossing Blvd., Suite 102, New PortRic'h y, FL 34655. • 'ET H: Grantor, for and in„canekicleration 'ot Ten Dollars ($10.00) and other good and valuable consideration t'o'Grantor in hand paid by Grantee, the receipt and sufficiency of which are hereby;ficknov*ledge, has granted, bargained and sold to Grantee, and Grantee's heirs, succeso:rt and assigns forever, the following described land, situated in Pinellas Count; F n1da,: 1' •;'See Exhib7't "A° attached hereto and made a part hereof by _ _ _ _'reference (the "Property ") «,', This. conveyance is subject to matters set forth on Exhibit "B" ( "Permitted Encul brances "). Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. The tax parcel numbers for the aforedescribed property are: 33- 28 -16- 00000 - 330 -1200 as to Parcel 1 33- 28 -16- 00000 - 330 -1100 as to Parcel 2 Note to Administrator: Consideration for this conveyance if $3,500,000.00. PINELLAS COUNTY FL OFF. REC. BK 18169 PG 1361 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal -the • > day and year first above written. • ; Signed, sealed and delivered Ruppel Farms, LLC, • in the presence of: a Florida limited liability conipany '. , 11 1 • / J Vttt7 rnL- Signature Gn01, 1-.ad/nop1f,v). Print name Signature at '54 F 5i.Ti Print name STATE OF FLORIDA ) COUNTY OF PINELLAS ) , 1 \ Th foregoing instrume', waS, acknowledged before me this a� day of , 2013, by Dennis G. R,uppel as Manager of Ruppel Farms, LLC, a Florida Iimied liability company,,pi�,'behaWof the company. He [is personally known to me] [has produced as identification]. Dennis G. Rupti$l, Manager , ,' ■ • .122876 sir' r ; GINA L. CANOPARI # DO 955418 ` Expires January 26, 2014 ', Bonded fl i Troy Fan Immoral M 54019 • 2 Notary Public Print name My commission expires: PINELLAS COUNTY FL OFF. REC. BK 18169 PG 1362 EXHIBIT "A" Parcel 1: A portion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Sectn io 33� , Township 28 South, Range 16 East, Pinellas County, Florida, described qs follows; ', , From the Southwest corner of said Section go North 33 feet alon9,the Wes Seciwri line; thence East 347 feet to the Point of Beginning; thence go Norrh 275 feet; thence West 327 feet; then North 355 feet; thence East approximately 640'feet to,'tre East boundary of said West 1/2 of the Southwest 1/4 of the Southwest 14,Qf .Section 33, Township 28 South, Range 16 East; thence South 230,fet along said East boundary; thence West 294 feet; then South 400 feet, thence West,epproximately 19 feet to the Point of Beginning. Parcel 2: The West 1/2 of the Southwest 1/4 of the- Southwe' 1,14 of Section 33, Township 28 South, Range 16 East, Pinellas County„ Florida; jess'the following 2 Parcels therein: 1. The South 33 feet reserved for, road right ofiway; AND 2. From the Southwest corner'of said'Section go North 33 feet along the West Section line; thence East 347 feet t6 tfie Point of-Beginning; thence go North 275 feet; thence West 327 feet; then Nortt ,355fe$t; thence East approximately 640 feet to the East boundary of said Wes(i /2 of,the- $quthwest 1/4 of the Southwest 1/4 of Section 33, Township 28 South, Range'16 East; thence South 230 feet along said East boundary; thence West 294,t; theen.South 400 feet, thence West approximately 19 feet to the Point of Beginning. 1 3 '1 1 PINELLAS COUNTY FL OFF. REC. BK 18169 PG 1363 EXHIBIT "B" 1. Taxes and assessments for the year 2013 and subsequent years. 2. Easement granted to Florida Power Corporation recorded in Official,Redor s Book 4231, page 463. As to Parcels 1 and 2. ; ; ', 3. Restrictions and easements in instrument recorded in Ofci i- Records. otik'581, page 182 as re- recorded in Official Records Book 3136, page 177. As to Parcel 2. 4. Easement granted to Florida Power Corporation,recorded in Deed Book 1517, page 161 as partially released in Partial Release 'gf.Easement recorded in Official Records Book 3123, page 733. As to•ParceFZ., , PRECIS/4)N SURVEYING & MAPPING, INC. GENERAL NOTES . THIS SKETCH IS NOT A SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED UPON AN ASSUMED BEARING OF NORTH 00'19'40" WEST, FOR THE WEST BOUNDARY LINE OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. NW. CORNER OF THE SW. 1/4 OF THE SW. 1/4 OF SEC. 33 -28 -16 /„/ voo rn2i o� 0 POINT OF BEGINNING 0 BASIS OF BEARINGS z WEST BOUNDARY LINE OF THE SW. 1/4 OF SEC. 33 -28 -16 NORTH BOUNDARY LINE OF THE SW. 1/4 OF THE SW. 1/4 OF SEC. 33-28-16 N 8956'26" E 667.35' SEC. 33, TWP. 28 S., RNG. 16 E. ASSUMED NORTH 0 25' 50' EAST BOUNDARY LINE OF THE WEST 1/2 OF THE SW. 1/4 OFD THE SW. 1/4 OF SEC. 33 -28 -16 POINT OF COMMENCEMENT SW. CORNER OF THE SW. 1/4 OF THE SW. 1/4 OF SEC. 33 -28 -16 WORK ORDER NO: 130034 FOR: REGENCY DESIGN AND ENGINEERING, INC. DATE OF SKETCH: MAY 1, 2013 S 89'56'26 W 667.33' MAJESTIC OAKS - PARCEL 1 A PORTION OF THE WEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST 1/4, NORTH 0019'40" WEST, A DISTANCE OF 1,292.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00'19'40" WEST, A DISTANCE OF 33.00 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE ALONG THE NORTH BOUNDARY LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, NORTH 89'56'26" EAST, A DISTANCE OF 667.35 TO THE EAST BOUNDARY LINE OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00'17'48" EAST, A DISTANCE OF 33.00 FEET; THENCE SOUTH 89'56'26" WEST, A DISTANCE OF 667.33 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.51 ACRES MORE OR LESS. (CLOSES 0.002' J.M.M.) LEGEND RNG. = RANGE SEC. = SECTION TWP. = TOWNSHIP PRECISION SURVEYING & MAPPING, INC. CERTIFICATE OF AUTHORIZATION NO. LB -6734 5223 HUNTERS RIDGE DRIVE NEW PORT _RICHEY, FLORIDA 34655 727 1-=A414 /^-/ BBINS DATE ONAL SURVEYOR - AND MAPPER NO. 4452 D WITHOUT THE _SliDNAYURE AND THE ORIGINAL RAISED A FLORIDA LICENSED_'SURVEYOR AND MAPPER. F.B. N.A. P.G. N.A. DRAWN BY J.M.M. CHK'D BY J.S.R.