ANX2003-01002
APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION:
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:zf~~ ff~FAXNUMBER:
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APPLICANT NAME:
MAILING ADDRESS:
PHONE NUMBER:
PROPERTY OWNERS:
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
. CITY OF CLEAR..TER
PETITION FOR ANNEXATION
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
(List all owners)
p~
FAX NUMBER:
PROPOSED DEVELOPMENT INFORMATION:
fJ?tYtP/1r-> ~ M/ 4r ~ #~ .8
/7~O .4/vrSe./'i/ ~ ~~?e/" /9 J->"ZS:b
;:~~.t%%-;: N:e-
EXISTING CATEGORIES: ZONING: ;f!3 LAND USE: j!.L.
PROPOSED CATEGORIES: ZONING, //11 Jt)~ LAND USE: ~ ~
EXISTING USE AND SIZE: S/~a.;:;;,ur Pwe/h:V? C?>.J.-~ ~~f
(number of dwelling units, hotel rooms or square footage of nonresidential use)
lOCATION
STREET ADDRESS:
lEGAl DESCRIPTION:
PARCEL NUMBER:
PROPOSED USE AND SIZE:
SIZE OF SITE:
->/~ F~//Y #~:v~ c;;:),~ ~e5
(number of dwelli~g units, h6te1 rooms or square footage of nonresidential use)
I (we), the undersigned, acknowledge that all
representations made in this application
are true an ccurate to the best my
knowle e.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this i 3 ~ day of
....:lnnu.-C\A.AJ'r ..' A.D., 'bI ~t.3 to me and/or
by .sl.1~CL\'"'\ G,I b.c!...d . who is Rersonallv
~as produced N J A as
identificati~m. ~
~f'i A .~
Notary publi . ~ *" Br S Day
my commission expires: ;~; My Commission 00051767
~ 0'''' expIres September 24. 2005
0,-- . _IS ,_ \ I.~ r~=;)
An JQ (AN.) ~,ct ~~i~; oot.docP,.. 3 of'
,.~___...._ 1
PU... ----.-. I.
. CITY OF CLEARATER
PETITION FOR ANNEXATION
DISCLOSURE STATEMENT
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
It
,
PROPERTY OWNER NAME~
ADDRESS:
PHONE NUMBER:
FAX NUMBER:
DOES A CONTRACT EXIST FOR THE SALE OF THE SUBJECT PROPERTY? YES
CONTRACT IS:
ALL PARTIES TO CONTRACT:
NAME:
NAME:
ARE THERE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY? YES
LIST ALL PARTIES TO OPTION:
NAME:
NAME:
NO
I (we), the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowle e.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this 13~ day of
--h..n~ ' A.D., "'~3 to me and/or
by $u...:. Co. I ~ , who is personally
~ has produced N I ~ as
identification.
owner or representative
~y p~ Bretta S Day
!"J . My Commission 00051767
'\~,./ expires September 24, 2005
rr~ '"-.....-
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TIns DoCUMENT W AS PRlli~ By
AND SHOULD BE RETURNED TO:
-
'INST *' 98-314_
OCT 1, 1998 4. M
CHERYL L. WEHLAU
GULF COAST TITLE SERVICES, INC.
2475 ENTERPRISE ROAD, SUITE 200
CLEARWATER, FLORIDA 33763
(813) 726-2888/FAX (813) 791-8090
15:29:30
9C499 51 PAD 10-01-1998
01 DED-Ar1DERSON
RECORD .MG 1
DOC 5T I~P - DR219 3
REUEHU 13
TOTAL:
CHECK Ai'll". TENDERED:
CHANGE:
$10.50
$735.00
$1.50
GCT File No. 98-08045
$747.00
$747.00
$.00
WARRANTY DEED
(~689.02, F .8.)
PINELLAS COUNTY FLA.
OFF.REC.8K 10255 PG 428
This DEED, made and executed as indicated
below, between Jeanna G. Terzano, a single woman, whose post office address is 607
Vanessa Court, Finksburg, Maryland 21048 [Grantor*]; and Susan B. Gilbert, a single
woman and Christina Anderson, a single woman, whose post office address is 1740
Nursery Road, Clearwater, Florida 33756 [Grantee*].
WITNESSETH, that said Grantor, for and in consideration of the sum of One
Dollar and other good and valuable consideration to said Grantor in hand paid by said
Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold
to the said Grantee, and Grantee's heirs and assigns forever, the following described
land:
Lot 7, Block B, DOUGLAS MANOR LAKE, according to the map or plat
thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas
County, Florida.
Parcel Number: 23-29-15-22266-002-0070;
and said Grantor does hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
* Grantee and Grantor are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, the Grantor has signed this illstmment.
GRANTOR:
11,/i~~~~
PAGE 2
e
AllkLLRS COUNTY FLR
OFF,REC 8K 10255 '
. PG 429
"
ACKNOWLEDGMENT
STATE OF FLORIDA )
COUNTY OF PINELLAS ) 88.
The foregoing instrument was acknowledged before me on ~f ,
1998, by Jeanna G. Terzano, who is personally known to me or who prodtied a driver's
license as identification.
1IjMUf~~
,A';;::'f~:;". CHE.RYL L. WEHLAU
!.~~'-rb..,~;,: MY COMMISSION # CC 652374
\oi.~.{{l EXPIRES: September 8. 2001
.!'t.9r;:\~~;'" Bonded Thru Notary Public Underwriters
, ;j
, 11111!1~11.li.III.llllllllll;IIIIiI'11l111l1l111''ffil1lflEiDlIIIIEI!iJ]!l!ln:,:::mnmmml1"lTlTlll'lTmiTil'~.,
OWNER'S
....ICY OF TITLE INSURANCE
o
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commonwea1thrrn-', C~7~:" liT'":
I Ii ~),! r~-""-""'" .......-
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SUBJECT TO THE EXCLUSIONS FROM COV fke~:(!HE ~XCEPTION~~.P.-9~,'<::~~ERAGE CONT AINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULATIONS, COM :'TIITA~lYTrTLE INSURANCE COMPANY, a Pennsylvania corporation, herein
cal1ed the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
I. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from Ihe land.
The Company wil1 also pay Ihe costs, allOrneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
POLlCY NUMBER
A02-33't55b
COMMONWEALTH LAND TITLE INSURANCE COMPANY
AtteSt .-;;::.( ? 4;L7
Secretary
~~ ,!HE I.."
,,~ " ;'. (J'~
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~ :z:
"" _ M
.... ,.,.,
~ ,- ~
,,~ "'50"'- ~
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By:
~~
Chairman and Chief E~ecutive Ofticcr
The fol1owing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
al1eged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or al1eged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to.Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but knOwn to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(cl resulting in no loss or damage to the insured claimant;
(d) atlaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
EXCLUSIONS FROM COVERAGE
ALTA Owner's Policy (10-17-92) Face Page
with Florida Modifications
Form 1190-21
Valid Only If Schedules A and B and Cover Are Allached
ORIGINAL
.
.
Issued with Policy No. F02-348935
SCHEDULE A
Policy No.: A02-334556
Effective Date: October 1, 1998 at 4:15 pm
File Number: 98-08045
Amount of Insurance: $ 105,000.00
1 Name of Insured:
Susan B. Gilbert, a single woman and Christina Anderson, a single woman
2 The estate or interest in the land described herein and which is covered by this policy is a fee
simple (if other, specify same) and is at the effective date hereof vested in the named insured
as shown by instrument recorded in Official Records Book 10255, Page 428, of the Public
Records of Pinellas County, Florida.
3 The land referred to in this policy is described as follows:
Lot 7, Block B, DOUGLAS MANOR LAKE, according to the map or plat thereof
as recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida.
I, the undersigned agent, hereby certify that:
~ the transaction insured herein is governed by RESPA,
~ if Yes to the above, I have performed all "core title agent service."
[X] Yes
[X] Yes
[] No
[] No
Countersigned:
Gulf Coast Title Services, Inc.
)t;w!L
Prepared by: Cheryl L. Wehlau
.
.
SCHEDULE B
File Number: 98-08045
Policy No.: A02-334556
This policy does not insnre against loss or damage (and the Company will not pay costs, attorney's
fees or expense) which arise by reason of:
1 Taxes for the year 1998 and taxes or assessments which are not shown as existing liens by the
public records or which may be levied or assessed subsequent to the date hereof.
2 Rights or claims of parties in possession not shown by the public records.
3 Encroachments, overlaps, boundary line disputes, and any other matters which would be
disclosed by an accurate surveyor inspection of the premises.
4 Easements or claims of easements not shown by the public records.
5 Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the public records,
6 Any claim that any part of said land is owned by the State of Florida by right of sovereignty,
and riparian rights, if any.
Items 2 through 5 are hereby deleted in their entirety.
7 Mortgage executed by Susan B. Gilbert, Christina Anderson, in favor of PHH Mortgage
Services Corporation, dated September 28, 1998, filed October 1, 1998, in Official
Records Book 10255, Page 430, of the Public Records of Pinellas County, Florida,
securing the original principal amount of 84,000.00.
8 Resolution No. 97-308 as recorded in Official Records Book 9885, Page 2024, Public
Records of Pinellas County, Florida.
9 Restrictions, conditions, reservations, easements and other matters shown on the plat of
DOUGLAS MANOR LAKE, as recorded in Plat Book 37, Page 99, of the Public
Records of Pinellas County, Florida.
Subject to matters shown on survey performed by FLA Surveys Corp., dated September
22, 1998.
ALTA Owner's Policy - L/H Owner's
Schedule B
Form 1190-36
. " .CONDITIONS AND STIPULATIONS .
DEToERMINATJON AND EXTENT OF L1A Y. (Continued)
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person
or property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property neces-
sary in order to perfect this right of subrogation. The insured claimant
shall permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
;nsured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant. as stated
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors
shall exist and shall include, without limitation. the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds. notwith-
standing any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
.7. .
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered
loss or damage by reason of matters insured against by this policy and
only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or.
(ii) the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy.
(b) The Company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one
or more of the parcels but not all, the loss shall be computed and settled
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each separate parcel
to the whole. exclusive of any improvements made subsequent to Date of
Policy, unless a liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of the issuance
of this policy and shown by an express statement or by an endorsement
attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom. it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation. including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse
to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or
suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance
pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken in Schedule 8 or
to which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed,
in which case proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
AL T A Owner's Policy (10-17-92) Cover Page
with Florida Modifications
Form 1190-22
14. ARBITRATION.
Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the insured.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the insured arising out of or relating
to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation. Arbitration
pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules
in effect at Date of Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state in which the land
is located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be entered
in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted
to this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that
provision and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this
policy and shall be addressed to COMMONWEALTH LAND TITLE
INSURANCE COMPANY, 1700 Market Street, Philadelphia, PA 19103-
3990.
Inquirl's rl'garding polky l'IlVl'ragl' and assistancl' in resolving complaints,
should be diredl'd to the Company at (407) 425.(.121. Claims mllst be
reported in accordance with Conditions and Stipulatiolls.
Valid Only If Face Page, Schedules A and 8 Are Attached
ORIGINAL
....ONDITIONS AND STIPULATIONS
. (c) Whenever the co"" shall have brought an action or interposed a
-1: DEFi'NITION OF TERMS. defense as required o~_itted by the provisions of this policy, the
The following terms when used in this policy mean: Company I?ay ~u~sue any litigation to final det~rmin.ati~n by a .cou~ of
". ".. . competent junsdlctlon and expressly reserves the nght, m Its sole discretion,
(a) msured: the msured named m Schedule A, and, subject to any to appeal from any adverse judgment or order.
rights or defenses the Company would have had against the named insured, .. . .
those who succeed to the interest of the named insured by operation of law (d) In all cases .where thIS polIcy permits or re9Ulres the Company to
as distinguished from purchase including, but not limited to, heirs, prosecute or proVide for the defense of .any actIon or proceedmg, ~he
distributees, devisees, survivors, personal representatives, next of kin, or msured ~hall secure to the COI~pany the nght to so pr~secute or pr?vlde
corporate or fiduciary successors. defense m the action ?r prO<?eedmg, and all appeal.s therem, and.permlt the
(b) ". ed I' ", . d I" I d Company to use, at ItS option, the name of the msured for thIS purpose.
msur calmant. an msure c almmg oss or amage. . Whenever requested by the Company, the insured, at the Company's
(c) "knowledg~" or, "known":. actual know~edge, not constructive expense, shall give the Company all reasonable aid (i) in any action or
kno~ledge or notice whlc~ ma:t be I~puted to an msured by rea~on .of the proceeding, securing evidence, obtaining witnesses, prosecuting or
publIc r~ords a.s defined m thiS pO~lcy or any other records whIch Impart defending the action or proceeding, or effecting settlement, and (ii) in any
constructive notice of matters affectmg the land. other lawful act which in the opinion of the Company may be necessary or
(d) "land": the land described or referred to in Schedule A, and desirable t~ est~bli~h the title tt? the estate. or interest as. insured. If. the
improvements affixed thereto which by law constitute real property. The Company IS prejudiced by t,he fal~ure. of the msur~d to furnIsh the reqUl~ed
term "land" does not include any property beyond the lines of the area cooperatl~n, the Co~pany s <?blI.g~tlOns to. th~ msured under the polIcy
described or referred to in Schedule A, nor any right, title, interest, estate shall. termmate.. .mcl.udmg .any lIabIlIty or oblIgation to defend, pro.s~ute, or
or easement in abutting streets, roads, avenues, alleys, lanes, ways or contmue. any lItigatIOn, With regard to the matter or matters requmng such
waterways, but nothing herein shall modify or limit the extent to which a cooperation.
right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security In, ~ddition to .and ~fter the notices req~ired under Section 3 of these
instrument. Conditions and StipulatIOns have been prOVided the Company, a proof of
(I)" bl' d ". d bl" h d d t t D f loss or damage signed and sworn to by the insured claimant shall be
. pu IC recor s . rec.or s e~ta IS e un. er s a.te s atutes at ate. 0 furnished to the Company with' 90 days after the insured claimant shall
Pohcy for the purpose of Impartmg constructive notice of matters relatmg r i th . . m f
to real property to purchasers for value and without knowledge. With asce ta n e facts ,glvmg nse to .the los~ or damage. The proo of ~oss or
respect to Section I(a) (iv) of the Exclusions From Coverage "public damage shall ~escnbe the. defect m,. or 11I::n or e~cumbra~ce on the tltl~, or
records" h II also 'n Ide 'ronmental protection Ii s filed in the other matter msured agamst by thIS polIcy which cons~ltutes the ba~ls of
s a I cue ~VI . . en. .. loss or damage and shall state, to the extent pOSSible, the baSIS of
rec?rds of the ~Ierk of the United States dlstnct court for the dlstnct m calculating the amount of the loss or damage. If the Company is prejudiced
whIch the land IS I~ated. . . by the failure of the insured claimant to provide the required proof of loss
(g). "unmarketabllIty of the tItle": an alleged or apparent matte~ affectmg or damage, the Company's obligations to the insured under the policy shall
the. tItle to the land, not excluded or. excepted fro~ coyerage, whIch would terminate, including any liability or obligation to defend, prosecute, or
entitle a purchaser of the estate or mterest descnbed m Schedule A to be continue any litigation with regard to the matter or matters requiring such
released from the obligation to purchase by virtue of a contractual proof of loss or damage.
condition requiring the delivery of marketable title. I dd" h' d I' bl be . d t b'
n a ItlOn, t e msure calmant may reasona y requIre 0 su mlt
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company , the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
2.
CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a)To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of payment or tender of payment and which the Company is obligated
to pay.
Upon the exerdse by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the c.ompany is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
B 1190-2
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PROPOSED ANNEXATION
Owners: Susan Gilbert & Christina Anderson
Case:
A NX2003-0 1002
Site: 1740 Nursery Road
Land Use
From:
RL
To:
RL
Property
Size(Acres):
0.24
Zoning
PIN: 23129/15/22266/002/0070
R-3 (County)
LMDR
Atlas Page:
315B
FUTURE LAND USE PLAN MAP
Owners: Susan Gilbert & Christina Anderson
Case:
A NX2003-0 1002
Site: 1740 Nursery Road
Property
Size(Acres):
0.24
Land Use
Zoning
PIN: 23/29/15/22266/002/0070
From:
RL
R-3 (County)
To:
RL
LMDR
Atlas Page:
315B
ZONING MAP
Owners: Susan Gilbert & Christina Anderson Case: ANX2003-0 1002
Site: 1740 Nursery Road Property 0.24
Size(Acres):
Land Use Zoning
PIN: 23/29/15/22266/002/0070
From: RL R-3 (County)
To: RL LMDR Atlas Page: 315B
"
.
.
CDB Meeting Date: March 18,2003
Case Number: ANX2003-01002
Agenda Item: C2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
OWNERS:
APPLICANT:
LOCATION:
REQUEST:
SITE INFORMATION
PROPERTY SIZE:
DIMENSION OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
EXISTING
SURROUNDING USES:
Susan Gilbert & Christina Anderson
Susan Gilbert
1740 Nursery Road, located on the north side of Nursery Road,
approximately 525 feet west of Keene Road.
To annex the property into the City of Clearwater at the request of
the property owner and approve the appropriate City land use plan
category and zoning district.
10,454 square feet or 0.24 acres
90 feet wide by 109 feet deep m.o.l.
Single-family residential
Single-family residential
Residential Low (RL)
Residential Low (RL)
R-3, Residential Single-Family District (County)
LMDR, Low Medium Density Residential
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
~
Staff Report - Community Development Board - March 18, 2003 - Case ANX2003-0 1 002
Page 1
e
.
ANALYSIS:
The subject property is located on the north side of Nursery Road at 1740 Nursery Road,
approximately 525 feet west of Keene Road. The applicant is requesting this annexation in order
to receive City sewer service. The property is contiguous with the existing City boundaries to the
north; therefore, the proposed annexation is consistent with Florida Statutes with regard to
voluntary annexation. The subject site is approximately 0.24 acres in area and is occupied by an
existing single-family detached dwelling. It is proposed that the properties have a Future Land
Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium
Density Residential.
A. IMPACT ON CITY SERVICES: [Section 4-604.Fl]
Water and Sewer:
The applicant is currently receiving water service from Pinellas County. Sewer service will be
provided by the City of Clearwater and capacity for the project is available for this utility. The
closest sewer line is located in the adjacent Dexter Drive right-of-way. The applicant has paid
the sewer impact fee of $900.00 and assessment fee of $968.00.
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is located within Patrol District 3 in which there are currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services:
Fire and emergency medical services will be provided to this property by Station #47 located at
1460 Lakeview Avenue. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
B. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Low (RL). It is the purpose of this category to depict those areas of the County that
are now developed, or appropriate to be developed, in a low density residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the low
Staff Report - Community Development Board - March 18,2003 - Case ANX2003-01002
Page 2
.
.
density, non-intensive qualities and natural resource characteristics of such areas. Residential
uses are the primary uses in this plan category up to a maximum of five (5.0) dwelling units per
acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Open Space.
The annexation does not propose to change the Residential Low (RL) plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the
annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land
Use Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.]
As stated earlier, the application for annexation involves an existing single-family detached
dwelling. The property is 90 feet in width and 10,454 square feet in lot area. The appropriate
zoning district under the Community Development Code is the LMDR, Low Medium Density
Residential District. Under the current LMDR zoning district provisions, a minimum lot width
of 50 feet and a minimum lot area of 5,000 square feet are required. The subject property
exceeds the minimum dimensional requirements of a standard development in the LMDR
District and is therefore consistent with the Community Development Code.
D. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of five (5.0) units per acre for the Residential
Low plan category.
E. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staff have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the north and represents a logical extension of
the existing boundaries. The compactness standard of Florida law requires that the annexation
does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of
this property is consistent with this standard and no new enclave will be created.
Staff Report - Community Development Board - March 18,2003 - Case ANX2003-01002
Page 3
~
.
.
In summary, the annexation of this property is consistent with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The applicant has paid the required sanitary sewer impact fee and assessment fee and is
also aware of the additional cost to connect the property to the City sewer system.
The proposed annexation and existing use are consistent with the City's Comprehensive Plan and
the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use
Map as well as goals and policies. The existing and future use of this site as a single-family
home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent
with Florida law regarding municipal annexation through its adjacency with existing City
boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
Recommend APPROVAL of the annexation of the property located at 1740 Nursery Road.
Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's
Comprehensive Plan.
Recommend APPROV AL of the LMDR, Low Medium Density Residential zonmg district
pursuant to the City's Community Developm'J.tf~de. ,
Prepared by Planning Department Staff: ~
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S;\Planning Department\C D BlAnnexationslANX - 2003IANX2003-01002 Susan Gilbert 1740 Nursery AveIANX2003-01002 Nursery Rd staffreport.doc
Staff Report - Community Development Board - March 18, 2003 - Case ANX2003-0 1 002
Page 4
./
.
.
Clearwater City
Commission
Agenda Cover
Memorandum
Work session Item #:
Final Agenda Item #
Meeting Date: 04-17 -03
SUBJECTIRECOMMENDA TION:
APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential
District, to the City LMDR, Low Medium Density Residential District for 1740 Nursery Road (Lot 7, Block B,
Douglas Manor Lake in Section 23, Township 29 South and Range 15 East); and PASS Ordinances #7110-03,
#7111-03 & #7112-03 on first reading.
lEI
and that the appropriate officials be authorized to execute same
(ANX2003-0 1002)
SUMMARY:
This site is located at 1740 Nursery Road, which is on the north side of Nursery Road approximately 520 feet west of
Keene Road. The subject property is approximately 0.24 acres in area and is currently occupied by a single-family
dwelling. The purpose of the annexation is to enable the applicant to receive City sewer service. A Future Land Use
Plan designation of Residential Low (RL) is proposed along with a zoning category of LMDR, Low Medium Density
Residential.
The Planning Department determined that the proposed annexation IS consistent with the following standards
specified in the Community Development Code:
. The proposed annexation will not have an adverse impact on public facilities and their level of service.
. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the
Community Development Code.
. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the
boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to
the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised.
Reviewed by:
Legal Info Srvc
Budget N/A Public
Works
Purchasin N/A DCM/ ACM
g
Risk Mgmt N/A Other
N/A
Originating Dept:
PLANNING DEP TMENT
Marc A. Maria
User Dept.
Costs
PLANNING DEPA
Total
N/A
Funding Source:
Current
FY
CI
N/A
Atlachments
ORDINANCES NO. 7110-03.
7111-03 & 711 2-03
STAFF REPORT
OP
Other
Submitled by:
City Manager
Printed on recycled paper
2/98
o None
Appropriation Code:
Rev.
.
.
ANX2003-01002
1740 Nursery Rd. Susan Gilbert
Page 2
Please refer to the attached report (ANX2003-01002) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on March
18,2003 and unanimously recommended approval.
S:\Planning Department\C D B\Annexations\ANX - 2003\ANX2003-01002 Susan Gilbert 1740 Nursery Ave\CC ANX2003-01002 1740 2
Nursery Rd Susan Gilbert.doc
e
.
CDB Meeting Date: March 18.2003
Case Number: ANX2003-01002
Agenda Item: C2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
OWNERS:
APPLICANT:
LOCATION:
REQUEST:
SITE INFORMATION
PROPERTY SIZE:
DIMENSION OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
EXISTING
SURROUNDING USES:
Susan Gilbert & Christina Anderson
Susan Gilbert
1740 Nursery Road, located on the north side of Nursery Road,
approximately 525 feet west of Keene Road.
To annex the property into the City of Clearwater at the request of
the property owner and. approve the appropriate City land use plan
category and zoning district.
10,454 square feet or 0.24 acres
90 feet wide by 109 feet deep m.o.l.
Single-family residential
Single-family residential
Residential Low (RL)
Residential Low (RL)
R-3, Residential Single-Family Disttict (County)
LMDR, Low Medium Density Residential
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
Staff Report - Community Development Board - March 18,2003 - Case ANX2003-01002
Page 1
~--~--------
e
.
ANAL YSIS:
The subject property is located on the north side of Nursery Road at 1740 Nursery Road,
approximately 525 feet west of Keene Road. The applicant is requesting this annexation in order
to receive City sewer service. The property is contiguous with the existing City boundaries to the
north; therefore, the proposed annexation is consistent with Florida Statutes with regard to
voluntary annexation. The subject site is approximately 0.24 acres in area and is occupied by an
existing single-family detached dwelling. It is proposed that the properties have a Future Land
Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium
Density Residential.
A. IMPACT ON CITY SERVICES: [Section 4-604.Fl]
Water and Sewer:
The applicant is currently receiving water service from Pinellas County. Sewer service will be
provided by the City of Clearwater and capacity for the project is available for this utility. The
closest sewer line is located in the adjacent Dexter Drive right-of-way. The applicant has paid
the sewer impact fee of $900.00 and assessment fee of $968.00.
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is located within Patrol District 3 in which there are currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services:
Fire and emergency medical services will be provided to this property by Station #47 located at
1460 Lakeview A venue. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
B. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Low (RL). It is the purpose of this category to depict those areas of the County that
are now developed, or appropriate to be developed, in a low density residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the low
Staff Report - Community Development Board - March 18,2003 - Case ANX2003-01002
Page 2
e
.
density, non-intensive qualities and natural resource characteristics of such areas. Residential
uses are the primary uses in this plan category up to a maximum of five (5.0) dwelling units per
acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Open Space.
The annexation does not propose to change the Residential Low (RL) plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the
annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land
Use Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.]
As stated earlier, the application for annexation involves an existing single-family detached
dwelling. The property is 90 feet in width and 10,454 square feet in lot area. The appropriate
zoning district under the Community Development Code is the LMDR, Low Medium Density
Residential District. Under the current LMDR zoning district provisions, a minimum lot width
of 50 feet and a minimum lot area of 5,000 square feet are required. The subject property
exceeds the minimum dimensional requirements of a standard development in the LMDR
District and is therefore consistent with the Community Development Code.
D. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of five (5.0) units per acre for the Residential
Low plan category.
E. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staff have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the north and represents a logical extension of
the existing boundaries. The compactness standard of Florida law requires that the annexation
does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of
this property is consistent with this standard and no new enclave will be created.
Staff Report - Community Development Board - March 18,2003 - Case ANX2003-01002
Page 3
.
.
In summary, the annexation of this property is consistent with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The applicant has paid the required sanitary sewer impact fee and assessment fee and is
also aware of the additional cost to connect the property to the City sewer system.
The proposed annexation and existing use are consistent with the City's Comprehensive Plan and
the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use
Map as well as goals and policies. The existing and future use of this site as a single-family
home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent
with Florida law regarding municipal annexation through its adjacency with existing City
boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
Recommend APPROVAL of the annexation of the property located at 1740 Nursery Road.
Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's
Comprehensi ve Plan.
Recommend APPROV AL of the LMDR, Low Medium Density Residential zomng district
pursuant to the City's Community Developmen~r1~' J J .
Prepared by Planning Department Staff: ~
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Departmenl\C D B\Annexalions\ANX - 2003\ANX2003-01002 Susan Gilberl1740 Nursery Ave\ANX2003-01002 Nursery Rd slaffreport.doc
Staff Report - Community Development Board - March 18,2003 - Case ANX2003-01002
Page 4
. ORDINANCE NO. 7110-03 .
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NURSERY ROAD, APPROXIMATELY 525
FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK
B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS
IS 1740 NURSERY ROAD, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 7, Block B, Douglas Manor Lake, according to the map or plat thereof recorded
in Plat Book 37, Page 99, Public Records of Pinellas County, Florida (ANX2003-
01002)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
'K
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 7110-03
PROPOSED ANNEXATION
Owners: Susan Gilbert & Christina Anderson
Site: 1740 Nursery Road
Land Use Zoning
From: RL R-3 (County)
To: RL LMDR
Case:
A NX2003-0 1 002
Property
Size(Acres):
0.24
PIN:
23/29/15/22266/002/0070
Atlas Page:
315B
Exhibit A
Ordinance No. 7110-03
. ORDINANCE NO. 7111-03 .
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NURSERY ROAD, APPROXIMATELY 525
FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK
B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS
IS 1740 NURSERY ROAD, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateqorv
Lot 7, Block B, Douglas Manor Lake, according
to the map or plat thereof as recorded in Plat Book
37, Page 99, Public Records of Pinellas County,
Florida (ANX2003-01002)
Residential Low
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7110-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to S 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Si e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7111-03
.
FUTURE LAND USE PLAN MAP
Owners: Susan Gilbert & Christina Anderson
Case:
ANX2003-0 1 002
Site: 1740 Nursery Road
Property
Size(Acres):
0.24
Land Use
Zoning
PIN: 23/29/15/22266/002/0070
From:
RL
R-3 (County)
LMDR
Atlas Page:
315B
To:
RL
Ordinance No. 7111-03
e
ORDINANCE NO. 7112-03
.
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF NURSERY ROAD, APPROXIMATELY 525 FEET WEST OF
KEENE ROAD, CONSISTING OF LOT 7, BLOCK B, DOUGLAS
MANOR LAKE, WHOSE POST OFFICE ADDRESS IS 1740
NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Zoninq District
Lot 7, Block B, Douglas Manor Lake, according
to the map or plat thereof as recorded in Plat Book
37, Page 99, Public Records of Pinellas County,
Florida (ANX2003-01002)
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7110-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7112-03
ZONING MAP
Owners: Susan Gilbert & Christina Anderson
Case:
ANX2003-0 1002
Site: 1740 Nursery Road
Property
Size(Acres):
0.24
Land Use
Zoning
PIN: 23/29/15/22266/002/0070
From:
RL
R-3 (County)
To:
RL
LMDR
Atlas Page:
315B
Ordinance No. 7112-03
e
.
1II1
_mil
LOCATION MAP
Owners: Susan Gilbert & Christina Anderson Case: ANX2003-0 1002
Site: 1740 Nursery Road Property 0.24
Size(Acres):
Land Use Zoning
PIN: 23/29/15/22266/002/0070
From: RL R-3 (County)
To: RL LMDR Atlas Page: 315B
.
.
AERIAL PHOTOGRAPH
Owners: Susan Gilbert & Christina Anderson Case: ANX2oo3-0 1 002
Site: 1 740 Nursery Road Property 0.24
Size(Acres) :
Land Use Zoning
PIN: 23/29/15/22266/002/0070
From: RL R-3 (County)
To: RL LMDR Atlas Page: 315B
.
.
EXISTING SURROUNDING USES
Owners: Susan Gilbert & Christina Anderson
Case:
A NX2003-0 1 002
Site: 1740 Nursery Road
Property
Size(Acres):
0.24
Land Use
Zoning
PIN: 23129/15122266/002/0070
From:
RL
R-3 (County)
To:
RL
LMDR
Atlas Page:
315B
View looking south
View looking west
View looking north
View looking east
Site view from the east
Susan Gilbert & Christina Anderson ANX2003-01002
1740 Nursery Road
. ORDINANCE NO. 7110-03 .
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NURSERY ROAD, APPROXIMATELY 525
FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK
B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS
IS 1740 NURSERY ROAD, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 7, Block B, Douglas Manor Lake, according to the map or plat thereof recorded
in Plat Book 37, Page 99, Public Records of Pinellas County, Florida (ANX2003-
01002)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Of&(
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7110-03
.,
PROPOSED ANNEXATION
Owners: Susan Gilbert & Christina Anderson
Site: 1740 Nursery Road
Land Use Zoning
From: RL R-3 (County)
To: RL LMDR
Case:
AN X2003-0 1 002
Property
Size(Acres):
0.24
PIN:
23/29/15/22266/002/0070
Atlas Page:
315B
Exhibit A
Ordinance No. 7110-03
....
e ORDINANCE NO. 7111-03
.
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NURSERY ROAD, APPROXIMATELY 525
FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK
B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS
IS 1740 NURSERY ROAD, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use CateQorv
Lot 7, Block B, Douglas Manor Lake, according
to the map or plat thereof as recorded in Plat Book
37, Page 99, Public Records of Pinellas County,
Florida (ANX2003-01002)
Residential Low
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7110-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to ~ 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Si e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7111-03
,.A
FUTURE LAND USE PLAN MAP
Owners: Susan Gilbert & Christina Anderson
Case:
ANX2003-0 1002
Site: 1740 Nursery Road
Property
Size(Acres) :
0.24
Land Use
Zoning
PIN: 23/29/15/22266/002/0070
From:
RL
R-3 (County)
To:
RL
LMDR
Atlas Page:
315B
Ordinance No. 7111-03
/""
. ORDINANCE NO. 7112-03
.
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF NURSERY ROAD, APPROXIMATELY 525 FEET WEST OF
KEENE ROAD, CONSISTING OF LOT 7, BLOCK B, DOUGLAS
MANOR LAKE, WHOSE POST OFFICE ADDRESS IS 1740
NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Zonina District
Lot 7, Block B, Douglas Manor Lake, according
to the map or plat thereof as recorded in Plat Book
37, Page 99, Public Records of Pinellas County,
Florida (ANX2003-01002)
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7110-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
',t?
Jc
Cynthia E. Goudeau
City Clerk
Ordinance No. 7112-03
1434
ZONING MAP
Owners: Susan Gilbert & Christina Anderson
Case:
ANX2003-01002
Site: 1740 Nursery Road
Property
Size(Acres):
0.24
Land Use
Zoning
PIN: 23/29/15/22266/002/0070
From:
RL
R-3 (County)
To:
RL
LMDR
Atlas Page:
315B
Ordinance No. 7112-03
.
.
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CiTY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4040 FAX (727) 562-4052
Cny MANAGER
February 4, 2003
Mr. David Healey, AICP
Executive Director
Pinellas Planning Council, Suite 850
600 Cleveland Street
Clearwater, FI 33755
Mr. Brian K. Smith
Director
Pinellas County Planning Department
14 South Fort Harrison Avenue, Suite 2000
Clearwater, PI 33756
Captain Michael Touchton
Strategic Planning
Pinellas County Sheriff's Office
P.O. Drawer 2500
Largo, PI 33779
Re: Notice of Voluntary Annexations (ITEMS NO.: ANX2003-01001; ANX2003-01002;
& ANX2003-01003)
Dear Mr. Healey, Mr. Smith & Captain Touchton:
Pursuant to Section 6(2) of the County Ordinance No. 00-63, the City of Clearwater is hereby
notifying the Pinellas Planning Council of its receipt of three (3) new applications for voluntary
annexations of real properties located at 1779 Audrey Drive, 1740 Nursery Road and 1714 Jade
A venue into its jurisdiction. The subject properties are located within the City of Clearwater
Planning Area and upon the annexation will be served by City of Clearwater sanitary sewer
service. The proposed annexations are consistent with Florida law regarding municipal
annexations through their adjacency with existing city boundaries and are compact in
concentration. None of the proposed annexations have a Future Land Use Plan amendment
involved with it.
A warranty deed including the legal description, survey site plan and maps associated with these
properties are enclosed.
BRIAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMilTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
Your early response will be greatly appreciated. Please do not hesitate to contact me at (727)
562-4553, should you require additional information.
Sincerely,
44L
Marc A. Mariano
Planner
CC: Gina Clayton, Long Range Planner Supervisor
Leslie Dougall-Sides, Assistant City Attorney
Michael Quillen, City Engineer Directory
Art Kader, Assistant Park and Recreation Directory
.
.
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
Ci1Y HAu, 112 SOUTH OSCEOlA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4040 FAX (727) 562-4052
CI1Y MANAGER
January 28, 2003
Ms. Susan Gilbert
1740 Nursery Road
Clearwater, Florida 33756
RE: Application for Annexation (ANX2003-01002) approval to permit one (1) land parcel, totaling
0.24-acres, into the City of Clearwater for a site at 1740 Nursery Road.
Dear Ms. Gilbert:
The Planning Department has reviewed your Application for the Annexation (ANX2003-01002) to
permit one (1) land parcel, totaling 0.24-acres, into the City of Clearwater for a site at 1740 Nursery
Road After a preliminary review, staff determined that the application is complete. The application
has been entered into the Department's filing system and assigned the case number: ANX2003-01002.
The application will be reviewed for sufficiency by the Development Review Committee (DRC) on
February 13, 2003 in the Planning Department conference room - Room 216 - on the second floor of the
Municipal Service Building. The building is located at 100 South Myrtle Avenue in downtown
Clearwater. Please contact Sherrie Nicodemus at 562-4582 no earlier than one week prior to the
meeting date for your review time. Unless otherwise notified, you or a representative must be present to
answer any questions that the committee may have regarding your application. Additional information
may be requested at that meeting. The case will be forwarded to the Community Development Board
when it is deemed sufficient.
If you have any questions, please contact me at 727-562-4553.
Sincerely yours,
Marc A. Mariano
Planner
BRIAN]. AUNGST, MAYOR-COMMISSIONER
S:\Plannin }VtJHi$r,JiM'IT Y:J<iMAA);2lii[;~~~~Q~t'lb3\ANX2003-0 1002 Susan (Mb'Q;.li'Y:J&"WJj.s~1;4~~~~03 -0 1002 Susan
'FRANK HIBBARD, COMMISSIONER Gilbert1740 N. Rd complt ltr.doc Bll.LjONSON, 'C6MMISSIONER
"EQUAl. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
Ci1Y HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4040 FAX (727) 562-4052
Ci1Y MANAGER
January 28, 2003
Ms. Susan Gilbert
1740 Nursery Road
Clearwater, Florida 33756
Dear Ms. Gilbert:
Thank you for submitting a complete application for Annexation approval (ANX2003-01002)
from the City of Clearwater. The following schedule has been established for the review of your
application by various City boards. These meetings are necessary in order to process your request
appropriately. Unless otherwise notified, your attendance at the Development Review Committee
is required.
2/13/03
Development Review Committee, time to be determined; in the Municipal
Services Building at 100 S. Myrtle Avenue, 2nd Floor
3/18/03
Community Development Board, meeting starts at 2:00 p.m. in the City
Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue
4/17/03
City Commission (first reading), meeting starts at 6:00 p.rn. in the City
Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue
5/1/03
City Commission (second reading), meeting starts at 6:00 p.rn. in the City
Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue
In the event of any adjustment to this schedule, I will inform you immediately.
If you have any questions, please contact me at (727) 562-4553
Sincerely,
~
Marc A. Mariano
Planner
BRIAN J AUNGST, MAYOR-COMMISSIONER
S:\Plannin;tfflNjRtnC;n~c rNrolMl2z~I[;nq~~(~J'rfuANX2003-0JO02 Susan G~)J t~~WMHreA1~~~~~M3-0JO02 Susan
rRANK HIBBARD, COMMISSIONER Gilbert eched ltr.doc't3II.ijONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
. .
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
TELEPHONE (727) 562-4750 F~x (727) 562-4755
PUBLIC WORKS
ADMINISTRATION
January 14, 2003
Mr. Robert Nagin, Director
Pinellas County Building Department
315 Court Street
Clearwater, Florida 33756
RE: ANNEXATION.: Sanitary Sewer Service
Parcel No. 23/29/15/22266/00210070
Legal: Lot 7, Block B, Douglas Manor Lake
1740 Nursery Road
(Atlas Page 315B)
Dear Mr. Nagin:
Please be advised that Susan Gilbert and Christina Anderson owner(s) of the above property have
applied for sanitary sewer service from the City of Clearwater.
The following fees have been paid:
$ 900.00 Sanitary Impact Fee
Date: January 14, 2003
$ 968.00 Sanitary Assessment Fee
MIS No. ;t~~ - OC)(JCJS
The City of Clearwater will provide sanitary sewer service to aforesaid property and applicable impact
fees have been paid. The City of Clearwater Finance Department Utility Customer Service Division will
collect the applicable water meter fee and/or utility deposit fees when applied for by the applicant.
Sincerely,
d:n~.D~ -
Engineer I
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Building Official: Kevin Garriott
PW Administration/Public Utilities: Andy Neff
PW Administration I Engineering: Tom Mahony
PW.A.lEng.lProduction: Donald Melone ./
Planning & Development Services: etilfl Wi!'" 1V\A12--~ f{\ ftf'--t A-N0
Clearwater Customer Service: Lynne Priester.
P t 0 BRIA'N r. AUNtSr, MAYOIl-COMMISSIONEIl
resen wnef (' (' '
-wn TNEY ,llAY, .OMMISSIONER Bon HAMlI:rON, COMMISSIONER
s:/ENGIN/WORD/PEN~17 41i'tIJ~\We.ytttlt.!la-SIONER (1) BlI.L JONSON, CO~I~IISSI()NEIl
"EQUAL EMPLOYMENT ANlJ AFFIIlMATIVE ACTION EMI'LOYEll"
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THIs DOCUMENT WAS _ARED By
AND SHOULD BE RETURNED TO:
.
'I'NST # 98-3.4
OCT 1, 1998 15PM
CHERYL L. WEHLAU
GULF COAST TITLE SERVICES, INC.
2475 ENTERPRISE ROAD, SUITE 200
CLEARWATER, FLoRIDA 33763
(813) 726-2888/FAX (813) 791-8090
15:29:3Q
9C499 51 PAD 10-01-1998
01 DED-A~mER50N
RECORD .MG 1
DOC 5T IMP - DR219 3
REVENU 13
TOTAL:
CHECK AMr.TENDERED:
CHANGE:
$10.50
$735.00
$1.50
GCT File No. 98-08045
$747.00
$747.00
$.00
WARRANTY DEED
(~689.02, F .8.)
PINELLRS COUNTY FLR.
OFF,REC,8K 10255 PG 428
This DEED, made and executed as indicated
below, between Jeanna G. Terzano, a single woman, whose post office address is 607
Vanessa Court, Finksburg, Maryland 21048 [Grantor*]; and Susan B. Gilbert, a single
woman and Christina Anderson, a single woman, whose post office address is 1740
Nursery Road, Clearwater, Florida 33756 [Grantee*].
WITNESSETH, that said Grantor, for and in consideration of the sum of One
Dollar and other good and valuable consideration to said Grantor in hand paid by said
Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold
to the said Grantee, and Grantee's heirs and assigns forever, the following described
land:
Lot 7, Block B, DOUGLAS MANOR LAKE, according to the map or plat
thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas
County, Florida.
Parcel Number: 23-29-15-22266-002-0070;
and said Grantor does hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
* Grantee and Grantor are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, the Grantor has signed this instlument.
GRANTOR:
,~ef~
; [ . ,ERYL L. WEHLAU ]
~ " ".
,.
1 . 2003
PLL,t 't~',,; ,!'.~,;-~;
en v
PAGE 2
.
O~INELLAS COUNTY FLA
.REC.8K 10255 PG 429
ACKNOWLEDGMENT
STATE OF FLORIDA )
COUNTY OF PINELLAS ) SSe
The foregoing instrument was acknowledged before me on ~f ,
1998, by Jeanna G. Terzano, who is personally known to me or who prod~ed a driver's
license as identification.
!fIUo/- ~~
",',~f.!/''f~J;'" CHERYL L. WEHLAU
{.~~"-b."f;~ MY COMMISSION * CC 652374
~i'A~<>:.j EXPIRES: September 8, 2001
-'/'f"Cff. :M:"" Bonded Thru Notal)l PUblic Underwriters
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EXISTING SURROUNDING USES
Owners: Susan Gilbert & Christina Anderson
Case:
ANX2003-0 1002
Site: 1740 Nursery Road
Property
Size(Acres):
0.24
Land Use
Zoning
PIN: 23/29/15/22266/002/0070
From:
RL
R-3 (County)
To:
RL
LMDR
Atlas Page:
315B
.""m"""""""lllllll11IUlltIUUllllllllllll,rrmrnllilllll111111111111l111l11111"111l11111111l1l111111111iL;-
OWNER'S l-vLlCY OF TITLE INSURANCE
o
Commonwe althrr-~-r-\-~.3-7;~~ 1M;::.' Tt:"T'.ir7~"=.. F':C-:;~'i POLICY NUMBER
In i:: U::' i i:: 1\ \!,~"_:,::,,,,\ ,\
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SUOlEC[ TO THE EXCLUSIONS FROM COV fi&~:llM ~!kEp,T;ION~;iQM:~*~ERAGE CONTAINED IN SCHEOULE 0 ANO
THE CONOITIONS AND STlPULA TIONS, COM """,,",LXmrrrrr:E INSURANCE COMP ANV, · P,n..,I".;. ,,,po,,"o., h"d.
"n", ,h, Compa.', i.,",~, "' of D.~ of Poli" .h~' i. 5<h",ol< A, .,.,0" lo~ 0' d.mo", .0' ,,='iog ,h, Amoo'" 0' 1"'0"0" ",,",
in Schedule A, sustained or incurred by the insured by reason of:
I. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
ISSUED BY
COMMONWEALTH LAND TtTLE INSURANCE COMPANY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Auos!: . -;;::.( ? 4~7
Secretary
~ ,\HE I.
~~ ,"'I , :t'.r.
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By:
p~
Chairman and Chief Ex.ecutive Officer
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (., Ao, ~" o,di~o" " ,o."om",,,I "'01"'00 (iododin, h'" 00' (imh", '0 bo'ldi", ",d roo'o, In.', o",iMoc~, 0' ",'''''0'''' ,,,,"~io,,
regulating,prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not ex.c1uded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to. Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other mailers:
(a) created. suffered, assumed or agreed to by the insured claimant;
(h, no' koo.' " ,h, Cnmp''''' n'" ,~n<d,d io <h, ,oh!in ,,"',.. " 0", or po!in" b'" kno.o '0 ,h' i",.."' <I.im"" ",d 0" di"Io'"
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(<l "",hin, io io" 0' dnm'" .hi,h .oold .0' h.., h"n ",."io", " <h, i..o'", d.,m'''' h.d ,.Id ,,'''' fo' ,h, ~"" 0' i"'''~' i"''''"'
by this policy,
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(h) <h, "",_ioo ~",i., <h, ~,,~ 0' i"'''''' i..",", by ,hi. poliny h,i., '"med . ,,,r,,,,,"'! ,,,..,,, mop' .h'" <h, ,,,,,,,,,,,.1 ".ro'"
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
EXCLUSIONS FROM COVERAGE
ALTA Owner's Policy (10-17-92) Face Page
with Florida Modifications
""___ 410n_"1
Valid Only If Schedules A and B and Cover Are Attached
ORIGINAL
Issued with Policy No. F02-348935
SCHEDULE A
Policy No.: A02-334556
Effective Date: October 1, 1998 at 4: 15 pm
File Number: 98-08045
Amount of Insurance: $ 105,000.00
1 Name of Insured:
Susan B. Gilbert, a single woman and Christina Anderson, a single woman
2 The estate or interest in the land described herein and which is covered by this policy is a fee
simple (if other, specify same) and is at the effective date hereof vested in the named insured
as shown by instrument recorded in Official Records Book 10255, Page 428, of the Public
Records of Pine lIas County, Florida.
3 The land referred to in this policy is described as follows:
Lot 7, Block B, DOUGLAS MANOR LAKE, according to the map or plat thereof
as recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida.
I, the undersigned agent, hereby certify that:
~ the transaction insured herein is governed by RESPA,
~ if Yes to the above, I have performed all "core title agent service."
[X] Yes
[X] Yes
[] No
[] No
Countersigned:
Gulf Coast Title Services, Inc.
~L
Prepared by: Cheryl L. Wehlau
SCHEDULE B
File Number: 98-08045
Policy No.: A02-334556
This policy does not insUre against loss or damage (and the Company will not pay costs, attorney's
fees or expense) which arise by reason of:
1 Taxes for the year 1998 and taxes or assessments which are not shown as existing liens by the
public records or which may be levied or assessed subsequent to the date hereof.
2 Rights or claimS of parties in possession not shown by the public records.
3 EucroachInents. overlaps. boundarY line disputes. and any other matters which would be
disclosed by an accurate surveyor inspection of the premises.
4 Easements or claims of easements not shown by the public records.
5 Any lien. or right to a lien. for services. labor. or material heretofore or hereafter furnished.
imposed by law and not shown by the public records,
6 Any claim that any part of said land is owned by the Stale of Florida by right of sovereignty,
and riparian rights, if any.
Items 2 through 5 are hereby deleted in their entirety.
7 Mortgage executed by Susan B. Gilbert. Christina Anderson. in favor ofPHH Mortgage
Services Corporation. dated September 28. 1998. flied October 1. 1998. in Official
Records Book 10255. Page 430. of the Public Records of PincHas County. Florida.
securing the original principal amount of 84,000.00.
8 Resolution No. 97-308 as recorded in Official Records Book 9885, Page 2024. Public
Records of Pinellas County, Florida.
9 Restrictions. conditicns. reservations. easements and other matters shown on the plat of
DOUGLAS MANOR LAKE. as recorded in plat Book 37. Page 99. of the Public
Records of Pinellas County, Florida.
Subject tJJ matters shown on survey performed by FLA Surveys Corp., dated September
22, 1998.
ALTA Owner's Policy - L/H Owner's
Schedule B
Form 1190-36
CONDITIONS AND STIPULATIONS
(Continued)
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person
or property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property neces-
sary in order to perfect this right of subrogation. The insured claimant
shall permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds, notwith-
standing any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
7.
DETERMINATION AND EXTENT OF L1Ab,~ITY.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered
loss or damage by reason of matters insured against by this policy and
only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy.
(b) The Company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one
or more of the parcels but not all, the loss shall be computed and settled
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made subsequent to Date of
Policy, unless a liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of the issuance
of this policy and shown by an express statement or by an endorsement
attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse
to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or
suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance
pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken in Schedule B or
to which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed,
in which case proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation
Whenever the Company shall have settled and paid a claim under this
policy, all right of subwgation shall vest in the Company unaffected by
any act of the insured claimant.
AL TA Owner's Policy (10-17-92) Cover Page
with Florida Modifications
Form 1190-22
14. ARBITRATION.
Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the insured.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the insured arising out of or relating
to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation. Arbitration
pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules
in effect at Date of Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state in which the land
is located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be entered
in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted
to this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision ofthe policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that
provision and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this
policy and shall be addressed to COMMONWEALTH LAND TITLE
INSURANCE COMPANY, 1700 Market Street, Philadelphia, PA 19103-
3990.
Inquires regarding policy nlverage and assistance in resolving COlli plaints,
should be directed to the Company at H07) 425-6121. Claims IIIl1st be
reported in accordance with Conditions and Stipulations.
Valid Only If Face Page, Schedules A and B Are Attached
ORIGINAL
rONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right, title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section I(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from. the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided.
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and wi\l not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph. it shall do so diligently.
(c) Whenever the Cor. J shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts givmg rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records.
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured ciaimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a)To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of payment or tender of payment and which the Company is obligated
to pay.
Upon the exer<:ise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the C.ompany is obligated Lo pay; or
(ii) to payor otherwise settle with the insured claimant the loss or
damage provided for under this policy. together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is i
obligated to pay. .
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
B 1190-2
Conditions and Stipulations Continued Inside Cover
..
.
ORDINANCE NO. 7110-03
.183212 MRY- 7-2003 9: 50AM
ELLRS CO BK 12726 PG 1783
11111111111111I111111111111111I1111111111111111111
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NURSERY ROAD, APPROXIMATELY 525
RECEIVED FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK
B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS
IS 1740 NURSERY ROAD, INTO THE CORPORATE LIMITS OF
~1AY 3 u 2003 6~~ ~~N~~~D~~~~I~~ND~TT~~; ~~g~~~~ ~~~~F~6~~~
PLANNING DEPARTMENT DATE.
CITY OF CLEARW_EAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 7, Block B, Douglas Manor Lake, according to the map or plat thereof recorded
in Plat Book 37, Page 99, Public Records of Pine lias County, Florida (ANX2003-
01002)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
April 17, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
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I hereby certify that this is a trlle and
correct copy of the ori~inal as it appears
in the files of the City of Clearwater.
Witness my hand and official seal of
the Cit Clearw J'Y'2
sf. 20~
Leslie K. Dougall-Sides
Assistant City Attorney
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Ordinance No. 7110-03
. COUNTY FLA.
INELLAS 12726 PG 1784
OFF .REC.BK
PROPOSED ANNEXATION
Owners: Susan Gilbert & Christina Anderson Case: A NX2003-0 1 002
Site: 1740 Nursery Road Property 0.24
Size(Acres):
Land Use Zoning
PIN: 23/29/15/22266/002/0070
From: RL R-3 (County)
To: RL LMDR Atlas Page: 315B
Exhibit A
Ordinance No. 7110-03
I"'
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, May 1, 2003 - 6:00 P.M. - Commission Chambers
ITEM #1 - Invocation - Reverend Skip Dvornik of Calvary Baptist Church
ITEM #2 - Pledqe of Alleqiance - Mayor
ITEM #3 - Introductions. Awards and Presentations - Given
a) Sister Cities Program - Richard Wisemiller
b) Tampa Bay Regional Planning Council Environmental and Development awards
c) Proclamations:
1) Elder Law Month May 2003
2) Civility Month May 2003
ITEM #4 - Approval of Minutes - 4/17/03
ACTION: Minutes approved as submitted.
ITEM #5 - Citizens to be heard re items not on the Aqenda
James Foley suggested adding a third lane to the roundabout to ease beach traffic congestion during peak
season and opposed construction of more beach condominiums or motels due to limited street capacity.
Marvann Kinq expressed concern beach motels are not permitted sufficient signage. She has started a group,
Citizens for Small Business, to gather petition signatures requesting that freestanding signs remain.
PUBLIC HEARINGS
Second Reading Ordinances
ITEM #6 - Ord 7107-03 - Approve the petition for Annexation of property located at 1779 Audrey Drive (Lot 37,
Pinellas Terrace in Sec. 05-29-16) (ANX2003-01001)
ACTION: Ordinance adopted.
ITEM #7 - Ord 7108-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) for property located at 1779 Audrey Drive (Lot 37, Pinellas Terrace in Sec. 05-29-16)
(ANX2003-01 001)
ACTION: Ordinance adopted.
ITEM #8 - Ord 7109-03 - Approve a Zoninq Atlas Amendment from County R-3. Sinqle-Family Residential
District. to City LMDR. Low Medium Density Residential District for 1779 Audrey Drive (Lot 37, Pinellas
Terrace in Sec. 05-29-16). ANX2003-01001
ACTION: Ordinance adopted.
ITEM #9 - Ord 7110-03 - Approve the petition for Annexation of property located at 1740 Nurserv Rd. (Lot 7,
Block B, Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002
ACTION: Ordinance adopted.
ITEM #10 - Ord 7111-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) for property located at 1740 Nurserv Rd. (Lot 7, Block B, Douglas Manor Lake in Sec. 23-
29-15). ANX2003-01002
ACTION: Ordinance adopted.
ITEM #11 - Ord 7112-03 - Approve a Zoninq Atlas Amendment from County R-3. Sinqle-Family Residential
District. to the City LMDR. Low Medium Density Residential District for 1740 Nurserv Rd. (Lot 7, Block B,
Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002
ACTION: Ordinance adopted.
ITEM #12 - Ord 7113-03 - Approve the petition of Annexation of property located at 1714 Jade Ave.(Lot 9,
Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003
ACTION: Ordinance adopted.
Commission Action Agenda 2003-0403
1
ITEM #13 - Ord 7114-03 - APprov! Land Use Plan Amendment from cclty Residential Urban (RU) to City
Residential Urban (RU) for property located at 1714 Jade Ave. (Lot 9, Jade Heights Subdivision in Sec. 03-29- .
15). ANX2003-01003 -1
ACTION: Ordinance adopted.
ITEM #14 - Ord 7115-03 - Approve a Zoninq Atlas Amendment from the County R-4. One, Two and Three
Family Residential District. to the City LMDR. Low Medium Density Residential District for 1714 Jade Ave. (Lot
9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003
ACTION: Ordinance adopted.
ITEM #15 - Ord 7116-03 - Approve a Land Use Plan Amendment from the Residential Low Medium (RLM) and
Residential Urban (RU) cateqories to the Recreation/Open Space (RlOS) cateqorv for property located at 3035
Gulf-to-Bay Boulevard (a portion of Tract A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block
5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of
Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001
ACTION: Ordinance adopted.
ITEM #16 - Ord 7117-03 - Approve a Zoninq Atlas Amendment from the County R-4. One. Two and Three
Family Residential District and the City MHP. Mobile Home Park District to the OSR. Open Space Recreation
District for property located at Gulf-to-Bay Boulevard (a portion of Tract A, Myron Smith's Bay View
Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion of vacated County
Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17-31) - Approved as submitted
ITEM #17 - Approval of Purchases (& Declaration of Surplus) per Purchasinq Memorandum:
a) Data Flow Systems, Inc., Melbourne, Florida - Labor and materials to upgrade the telemetry system at Lift
Stations 2, 4, 21,25, 26, 28, 41 m 50, 54 and 65 for $67,395. (PW/UTIL)
b) McKim and Creed Engineers, Clearwater, Florida - Wellfield permit modification for $55,500. (PW/ENG)
ITEM #18 - Award a contract to Don Reid Ford of Maitland, Florida, in the amount of $14,850 for the
purchase of one (1) 2003 Ford Taurus 4-door Sedan, in accordance with Section 2.564(1 )(d), Code of
Ordinances, Florida State Contract #070-001-03-1 and authorize funding through the City's Master
Lease/Purchase Agreement. (DS)
ITEM #19 - Approve the Renewal Aareement with Clearwater Neiahborhood Housina Services for
Community Housing Development Organization activities under the City's HOME Investment Partnership
Program.(ED/HSG)
ITEM #20 - Approve the Conditional Assianment of lease for Room 4 in the Municipal Marina from Thomas
C. and Patricia A. Wolkowsky, dba Pirates Pantry, to Denis A. and Cheryl L. White, dba Pirates Pantry. (MR)
ITEM #21 - Approve the second amendment to the manaqement aqreement with the Clearwater Community
Sailina Association (CCSA), adding yearly cost of living increases rather than percentage of revenues at the
Clearwater Community Sailing Center. (MR)
ITEM #22 - Accept qrant (totalinq $63,200 for 100% fundinq for three (3) summer camp proqrams) and
approve the correspondinq aqreement from the Juvenile Welfare Board. (PR)
ITEM #23 - Approve an aqreement between the District Board of Trustees of St. Petersburq Colleqe, Florida
and the City of Clearwater for cash match funding of $36,146 for the period 01/01/03 through 12/31/03 for the
AmeriCorps Pinellas Project for support of membership. (PD)
Commission Action Agenda 2003-0403
2
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ITEM #24 - Award a contract to Atlantic Truck Center. Ft. Lauderdale. Florida for the purchase of one (1)
2003 Sterlina L T 9500 Roll Off Truck, at a cost of $102,691 which was the lowest Bid received in accordance
with the specifications of City of Clearwater Bid #43-01; and authorize financing under City's Master
Lease/Purchase Financing Agreement. (SW/GS)
ITEM #25 - Accept a perpetual 5-foot drainaae and utility easement (dated February 14. 2003) conveyed by
Eilnar R. and Catherine B. Kristensen, over and across E 5' ofW 10' of Lot 160, Fair Oaks 4th Addition. (PW)
ITEM #26 - Approve work order with Parsons Enaineerina Science. Inc. of Tampa, an Engineer of Record,
for additional funds and revised scope, for the design and permitting for the Kapok Wetland and Floodplain
Restoration Project in the amount of $97,770 for a total of $412,906. (PW)
ITEM #27 - Ratify and confirm Chanae Order #1 to Westra Construction Corporation of Palmetto, Florida for
the Beach Pump Station Improvements Phase II Contract (99-0074-UT), which increases the contract amount
by $300,079.19 for a new total contract amount of $1,025,814.19. (PW)
ITEM #28 - Ratify and Confirm the approval of a purchase order with Kearney Development Co., Inc. in the
amount of $90,240 for construction services as part of the Seville & Sunset Drive Reclaimed Water Project
(02-0103-UT) (PW)
ITEM #29 - Approve the final plat for "The Moorinas Townhomes I" located on Bayway Boulevard North
approximately 800 feet east of the intersection of Hamden Drive and Gulfview Boulevard. (PW)
ITEM #30 - Approve the final plat for "The Moorinas Townhomes II" located on Bayway Boulevard North
approximately 1,400 feet east of the intersection of Hamden Drive and Gulfview Boulevard. (PW)
ITEM #31 - Approve a Local Aaency Proaram (LAP) Aareement between the City of Clearwater and the
Florida Department of Transportation (FOOT) in the amount of $341.960 for installation of sianalization and
driveways on SR 60 at Damascus Road; and approve a work order in the amount of $79,160 to Tampa Bay
Engineering, an Engineer-of-Record, for the design of the project. (PW)
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #32 - Adopt Res 03-22 reaardina the Community Redevelopment Aaency to reflect lanauaae reauired
by Resolution 02-287 as adopted by the Board of County Commissioners of Pinellas County on October 29,
2002. (ED/HSG)
ACTION: Approved. Resolution adopted.
ITEM #33 - Approve Parks & Recreation Board recommendation namina City property located within Court
Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing Avenue to the east,
Freedom Lake Park. (PR)
ACTION: To be reconsidered in 6 months.
ITEM #34 - Update re IAFF contract neaotiations.
ACTION: Update given.
ITEM #35 - Other Pendina Matters - None.
CITY ATTORNEY REPORTS
ITEM #36 - Other City Attorney Items - None.
ITEM #37 - City Manaaer Verbal Reports - None.
Commission Action Agenda 2003-0403
3
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ITEM #38 - Commission Discussion Items
e
a) Traffic Information Radio - Commissioner Jonson ...
ACTION: Terminate traffic information radio transmissions designed to alleviate Spring Break traffic
AND recommended limiting Drew Street closings for Coachman Park activities until new bridge is
complete.
ITEM #39 - Other Commission Action
Hibbard and AunQst offered condolences to City Clerk Cyndie Goudeau and her family, to the family of Dick
Duncan, and to Congressman Mike Bilirakis on the recent loss of his brother.
Hibbard and Gray thanked Parks & Recreation staff for last weekend's concerts and the great job they do.
Gray invited residents to the 5/6/03 fundraiser at Fresh Market benefiting the Library Foundation Capital
Campaign.
Jonson reviewed changes to legislation regarding Tampa Bay Water under consideration by the Florida
Legislature and discussed potential impacts. He recommended adopting a resolution that opposes any
amendment that jeopardizes Tampa Bay Water, its members, or its credit ratings
ACTION: Resolution 03-24 adopted.
Jonson said on 4/30/03 he and Gray had attended the transportation governance discussion. Consensus
seemed to favor an independent district that would have to absorb PST A. Gray stated any change requires
legislative action.
Jonson invited those interested in serving on the Tampa Bay Estuary Citizen Advisory Committee to contact
him.
Jonson and Aunqst congratulated Carlen Petersen and Doug Williams for being crowned last night as Mr. And
Mrs. Countryside at the Countryside Country Club.
Jonson said he is part of a group requesting the State to invalidate Pine lias County's settlement with Clear
Channel Outdoor Inc, on the grounds that it violates Florida law and the County's Comprehensive Land-Use
Plan.
Jonson said recently he had visited Clearwater beach, and was impressed with its beauty.
Hamilton thanked Alan Mayberry for his efforts on Arbor Day and congratulated him for the City having been
designated a Tree City for the 21st consecutive year
Hamilton said he had attended the Airpark Open House on 4/26/03, and thanked FBO Dave King for providing
him an air tour of the City.
Hamilton thanked Cleveland Street businesses for their sacrifice while parking was removed from the south
side of the street to ease Spring Break traffic delays. The street has been restriped with parking spaces.
AunQst said on 4/30/03, he had appeared with Mayor loirio of Tampa and Mayor Baker of S1. Petersburg in a
PSA promoting vacationing in Tampa Bay. He also had recent regional discussions with the two mayors at a
meeting at the Radisson Hotel on Ulmerton Road. He said there is a good relationship between the cities.
AunQst said today he had welcomed ex-Prisoners of War at their annual reunion on Clearwater beach.
AunQst said Law Day will be observed on 5/2/03 at the Harborview Center.
Commission Action Agenda 2003-0403
4
e e
Aunast said on 5/3/03, he and Governor Soto of Hidalgo, Mexico will welcome those attending the Cinco de
Mayo celebration at Coachman Park, which begins at 3:00 p.m.
,.
AunQst invited residents to attend the Fun N' Sun parade on 5/3/03 at 7:00 p.m. After the parade, the public is
invited to attend Ye Mystic Krewe's fundraiser at the Harborview Center to benefit the Clearwater Free Clinic.
Aunast said Hamilton will represent him on 5/9/03 at 10:00 a.m. at the 22nd annual police memorial service at
Station Square Park with the Fraternal Order of Police Lodge #10 and Clearwater Police Department.
Aunast announced the next Work Session is on 5/12/03 at 1 :00 p.m.
ITEM #40 - Adiournment - 7:20 p.m.
Commission Action Agenda 2003-0403
5
.
-'
Community Response Team
Planning Oept. Cases - ORC
Case No.A)J~)w."3>- OQD;;( Meeting Date: :lIL~/[J()
Location:~N:"~.~d
~urrent Use: _l2.e~AA'l~( 50
~ctive Code Enforcement Case ~es:
~~dress numbe~nO) (vacant land)
~andscapin~ (no)
~ergrown (yes@
~bris (yes)@?
o/f'noperative vehicle(s) (yes)~
~Uilding(S) ~ (fair) (poor) (vacant land)
~enCing (none~i1aPidated) (broken and/or missing pieces)
~aiJ'1t ~air) (poor) (garish)
~ss Parking (yes)@
~esidential Parking Violations (yes)~
~gnag~ (ok) (not ok) (billboard)
~rking@Y(striPed) (handicapped) (needs repaving)
aJ6umpster (enclosed) (not enclosed) ~
~utdoor storage (yes) ti!iJ
Comments/Status Report (attach any pertinent documents):
Date:d.\51~ Reviewed by:
Revised 03-29-01; 02~04-03
k Telephone: oloif-t,./7 d.5
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.
ITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
TELEPHONE (727) 562-4750 FAX (727) 562-4755
PUBLIC WORKS
ADMINISTRATION
RECE\VED
January 14, 2003
L. 1
Mr. Robert Nagin, Director
Pinellas County Building Department
315 Court Street
Clearwater, Florida 33756
""\NG f'.,C'- Pt't.H:T~'J~ ENT
pU\t\\I"i '.,.
CITY OF
RE:
ANNEXATION.: Sanitary Sewer Service
Parcel No. 23/29/15/22266/002/0070
Legal: Lot 7, Block B, Douglas Manor Lake
1740 Nursery Road
(Atlas Page 315B)
Dear Mr. Nagin:
Please be advised that Susan Gilbert and Christina Anderson owner(s) of the above property have applied
for sanitary sewer service from the City of Clearwater.
The following fees have been paid:
$ 900.00 Sanitary Impact Fee
Date: January 14, 2003
$ 968.00 Sanitary Assessment Fee
MIS No. 2003-00005
The City of Clearwater will provide sanitary sewer service to aforesaid property and applicable impact fees
have been paid. The City of Clearwater Finance Department Utility Customer Service Division will collect the
applicable water meter fee and/or utility deposit fees when applied for by the applicant.
Sincerely,
Ac - -=-=-~- . "-, =
Stephen L. Doherty
Engineer I
--~-------..-~
cc: Building Official: Kevin Garriott
PW Administration/Public Utilities: Andy Neff
PW Administration I Engineering: Tom Mahony
PW.A.lEng.lProduction: Donald Melone
Planning & Development Services: .'iAll l.Jelih ~ M.
Clearwater Customer Service: Lynne Priester
Present Owner
S:/ENGINIWORD/PENZAl1740 Nursery Road BRIAN J AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"