SEWER ONLY - ROBERT T. AND MARILYN R. SUNDELL
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005490659 12/09/2005 at 02:13 PM
OFF REC BK: 14794 PG: 1759-1762
DocType:AGM RECORDING: $35.50
AGREEMENT
(Sewer Only)
THIS AGREEMENT, made and entered into this _~ 'it- day of
vtnJ..bw\.~ ,20 OS-by and between the CITY OF CLEARWATER, a municipal corporation,
hereinafter referred to as "City," and Robert T. and Marilyn R. Sundell, hereinafter referred to as
"O\vners";
WITNESSETH:
WHEREAS, the Owners now own the following described real property, located outside the
municipal boundaries of the City of Clearwater:
Lot 3, Block A, Douglas Manor Lake, according to the map or plat thereof as recorded in
Plat Book 37, Page 99. Public Records of Pin ell as County, Florida.
r .
Also known as:
1445 Dexter Drive
Clearwater, Florida 33756-2448
and
WHEREAS, the Owners desire to connect to the City sewer main and are agreeable to signing an
Agreement with the City for municipal sewer service; and
WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and
considerations;
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1. The City agrees to provide sewer service, subject to the terms of this Agreement, and to permit the
Owners to connect to its sewer main at the Owner's expense.
2. The Owner agrees:
a) to pay the appropriate annexation fee when this Agreement is submitted for processing;
b) to pay normal sewer connection charges and monthly sewer service charges to the City on the
same basis as sewer users outside the municipal boundaries are charged, as set out in the Code of
Ordinances of the City, until the property is annexed;
c) that all recreation land, recreation facilities and open space land dedication and fees will be due
upon annexation in an amount and manner as prescribed in Sections 116.40 through 116.51, Code of
Ordinances. In particular, the owner shall either:
(1) pay the required recreation facilities fee if this is the only fee required at the time this
Agreement is submitted for processing, or
(2) place in escrow a deed transferring title to land or a promissory note made payable to the City
of Clearwater, or both as required, such deed and promissory note, copies of which are attached hereto as
Exhibit A (if applicable) to be conveyed or paid prior to the second ordinance reading effectuating the
annexation of the subject property;
(d) that at such time as it becomes possible for the City to annex said real property, this
Agreement will constitute an application to annex at that time, and the City will have the right, upon sixty
(60) days written notice to the property owner, to initiate action to annex the property to the City;
(e) that it is to the mutual benefit of the Owners and the City, in recognition of the eventual
incorporation of the property within the City, to have site and building plans reviewed and accepted by the
City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall
precede the execution of this Agreement by the City and any construction on this property shall comply
with the applicable building and flre codes in effect in the City of Clearwater;
(f) that all of the property described above shall be deemed a single parcel subject to annexation
as provided herein, and any sub parcels of the property described above which are created by subdivision
or by any other means shall be included for the purposes of the subsequent annexation procedure,
subsequent sale and individual ownership notwithstanding;
(g) that the terms and provisions of the Agreement shall be commitment and obligation which
shall not only bind the present owner of said described real property, but shall be a covenant which shall
run with the land and shall bind and be enforceable against the heirs, successors and assigns of the
Owners; and
(h) if the Owners or the heirs, successors, and assigns of the Owner, shall default in the
performance of the terms and provisions of this Agreement, and the City shall institute legal proceedings
to enforce the terms and provisions hereof, the Owners or the heirs, successors, and assigns of the
Owners shall pay all costs of such proceedings including the payment of a reasonable attorney's fee in
connection therewith.
3. The City shall not be liable for any damage resulting from any unavoidable cessation of service
caused by Act of God, necessary maintenance work, or any cause beyond the control of the City.
4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City
Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748 and to the Owners at the post offlce address for
the property described above, at any other address which may be furnished by the Owners from time to
time, or at the address for the Owners according to the property tax rolls of Pin ell as County, Florida.
5. This Agreement shall be recorded in the public records of Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year fust above written.
WITNESS AS TO OWNERS:
o~. RS:
~~~"
Robert T. Sundell, Husband
"-11l~Ji~' J1iA/&J1
Manlyn R. S dell, Wife
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~~~
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared Robert T. Sundell and Marilyn R. Sundell~ to me known to
be the individual(s) described in and who executed the foregoing instrument and severally acknowledged
before me that they executed the same for the purposes herein expressed; and that said instrument is the
free act and deed of said individual(s).
Notary Public
Notary Name (print/type)
My Commission Expires:
and and offlcial seal this
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CITY OF CLEARWATER, FLORIDA
By:
~~-:JL
William B. Home II
City Manager
Attest:
.
Cynthia:E~ Gou~ea\l
City Cl~'". /I{: ',"
STATE OF FLORIDA)
COUNTY OF PINELLAS )
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BEFORE ME personally appeared William B. Home II, the City Manager of the above-named
City, who acknowledged that he executed the foregoing instrument. He is personally known to me and
did not take an oath.
-JC
day Ofl!m/ff--6aJ
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Notary Public
Notary Name (print/type
My Commission Expires:
S/Form - Annexation Agreement 1410.0029
revised 04/25/97
3
~'{ POIJ Denl" A. Wilson
:~vc;. Commission # 00296233
tJ\ \JA Expires June 18, 2008
~~ 01' .,J1"'1OI\dId T10f Fein, In..... lno. ~101g
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~~~~UKY TITLE' .ABSTRACT INC.
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OLD REPUBLIC ~\~~ONAL TITLE INSURANCE
AMSOUTH MORTGAGE COMPANY
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CERTIFIED TO: ROBERT T. & MARILYN K. SUNDELL
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BAISIS OF BEARINGS
EAST R/W LINE OF DEXTER DRIVE, being,
N 0035'18" E , as per plat.
LEGEND:
"BOUNDARY- SURVEY"
A SURVEY OF
W.O.
.5"872
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r.I.R.-rOUND IRON ROO; r.C.I.R.- rouNO CAPPED IRON ROO: S.C.I.R.- SET CAPPED IRON ROO; r.l.p.- FOUND IRON PIPE;
r.C.I.p.-rOUND CAPPED IRON PIPE: r.N.D.-rOUND NAIL "DISK; S.N.D.- SET NAN.. & DISK; r.c.....- FOUND CONCRETE 1A00UI.AENT;
P.R....._ PERMANENT REfERENCE IolONU"'ENT; P.C.P.-PERIAANENT CONlROl POINT; P.r.-POINT OF INTERSECTION; R/W _ RIGHT OF' WAY;
ELEV.- ELEVAllON; C.B.S.- CON~ETE BLOCK STRUCTURE: CONC.- CONCRETE: ASPH.- ASPHALT; PAVT.- PAVEUENT;
COV.- COVERED; 0- DEED: SEC.- SECllON: TWP.- TO~SHIP; ROE.- RANGE: P-PLAT; 101._ IoIEASURED; ESUT.- EASEUENT;
R.- RADIUS; A.- ARC; C.-CHORD; C.B.- CHORD BEARING; STY.- STORY: C.L.F._ CHAIN LINK FENCE; W.F.- WOOO FENCE
LOT 3 BLOCK "A" DOUGLAS MANOR LAKE
23 :.TWP.
J.-? ,RNG.
AS RECORDED IN PLAT BOOK .1 7 . PAGE '11 , OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA.
I. 'MUIAIoI c'I<(Al'fIG, THE SURVEYOR IN RESPONSIlIl.[ OlMCE, CERnrv 11lA~ 1H( SURVEY REPRESENItO HEREON. AS 1lEE1INc; THE I.nNlWUII TtCHNICAI. STANOMOS S(T rOR11l BY
11lE Fl.ORIDA SOMO OF' lANO SURVEYORS, PORSUAHT 10 SEcnON 472.027 OF' THE Fl.OAIDA STAtutES AS PRESCRIBED IN OlAPTtR .IC;17-8 Ofn. CT PRO'''1i~;foIOOlAl. R[QJlAnoN.
(NOT VAl.1O UHlLSS SEAlED \\llH AH El.l80SS1J) SUlM:YOR'S SEAl.
ELEVAnON STATEIAENT: THIS IS TO CERllFY THAT \\E HAVE OBTAINED D.f:VAnONS SHO~ HEREON. or THE ABOVE DES~IBED lA.fo.lD. THESE ELeVAnONS
SHOWN HEREON ARE BASED ON THE NAllONAL VERnCAL DATUIoI, 1929. BENCHIoIARK , SUPPLIED BY THE F.N"'NEERING
DEPT., COUNTY, FLORIDA..' . .
COMMUNITY No.
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