SEWER ONLY - TOM AND SHERRY CONDER
.iJ
KEN BURKE, CLERK OF COURT
S COUNTY FLORIDA
~r:~~~00549068112J09J2005 at 02:13 PM
~~~~~~:~~~1:::6~~IN~~0$~:~5~
AGREEMENT
(Sewer Only)
3D @
THIS ~REEMENT, made and entered into this ..zc:;1PI day of
, 20 ~ and between the CITY OF CLEARWATER, a municipal corporation,
hereinafter referred to as "City," and -r~ r SIIE1!1?'( CoN&>ER. hereinafter
referred to as "Owner";
---------------------------------------------------------------~------
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the
municipal boundaries of the City of Clearwater:
If "
SEe A 1T A eJ-lee>
PA12CEl. 10# 24/ZCf/J5/000001330Io~
Also known as:
1'102 8ELJ...EAJ~
~OAD cJ€,Q,. W 0.;+-12'" \ F l ~"3"7 (g l{
and
WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an
Agreement with the City for municipal sewer service; and
WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and
considerations;
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1. The City agrees to provide sewer service, subject to the terms of this Agreement, and to permit
the Owner to connect to its sewer main at the Owner's expense.
2. The Owner agrees:
a) to pay the appropriate annexation fee when this Agreement is submitted for processing;
b) to pay normal sewer connection charges and monthly sewer service charges to the City on the
same basis as sewer users outside the municipal boundaries are charged, as set out in the Code of
Ordinances of the City, until the property is annexed;
c) that all recreation land, recreation facilities and open space land dedication and fees will be due
upon annexation in an amount and manner as prescribed in 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 Owner and the City, in recognition of the eventual
incorporation of the property within the City, to have site and building plans reviewed and accepted by
the City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall
"
precede the execution of this Agreement by the City and any construction on this property shall comply
with the applicable building and fire codes in effect in the City of Clearwater;
(~ that all of the property described above shall be deemed a single parcel subject to annexation
as provided herein, and any subparcels of the property described above which are created by subdivision
or by any other means shall be included for the purposes of the subsequent annexation procedure,
subsequent sale and individual ownership notwithstanding;
(g) that the terms and provisions of the Agreement shall be commitment and obligation which
shall not only bind the present owner of said described real property, but shall be a covenant which shall
run with the land and shall bind and be enforceable against the heirs, successors and assigns of the
Owner; and
(h) if the Owner or the heirs, successors, and assigns of the Owner, shall default in the
performance of the terms and provisions of this Agreement, and the City shall institute legal proceedings
to enforce the terms and provisions hereof, the Owner or the heirs, successors, and assigns of the Owner
shall pay all costs of such proceedings including the payment of a reasonable attorney's fee in connection
therewith.
3. The City shall not be liable for any damage resulting from any unavoidable cessation of service
caused by Act of God, necessary maintenance work, or any cause beyond the control of the City.
4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City
Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748 and to the Owner at the post office address for
the property described above, at any other address which may be furnished by the Owner from time to
time, or at the address for the Owner according to the property tax rolls of Pin ell as County, Florida.
5. This Agr:eement shall be recorded in the public records of Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
O\XfNER:
WITNESS AS TO o \X'N ER:
~~~ --------~-----
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFC)RE \lE 1"'1\ 1:1111\ :lppc::1rnl '/OM ~ ~#6e!ZY ~06f!!:. , hI mi' kil()\\'n to 1)( the
IndivH.hLd dc'~crt~_),:,~j L'~ :-~;;;~ \\'ll() t:.).:ccui'cd i-J-ll' fj)rcgl,lii\s Ij-i:';'lTtlll1CilT :lnl1 S("\"l:r~djy ::cl:.:1' h',~1'i.-_li'C
111e Ih:lt they executed thL: ":IllW for the purposes herein expressed; ',md that s:lid instTlJrncnt IS liK tn'C',1Ct
and deed of said individual(s).
\X!ITNESS my hand and official seal this :< 0
~
;]5AAJNE S. H-I.-t- fdJ ,,,Y
day of
~b.tLu ,200 I.
My Commission Expires:
~it\. Joanne S Hutchlns
. ~ . My Commission 00071138
\; 0, ~'cI Expires N~mber 08. 2005
CITY OF CLEARWATER, FLORIDA
By:
~~A~-r+.
William B. Home II
City Manager
Attest:
l'
Cynthia-13',:~Goudeau
City Clerk ", ,," ~
STATE OF FLORIDA)
COUNTY OF PINELLAS )
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.
otary Public
Notary Name (print/type)
My Commission Expires:
~
daYOf~;rJJ~) ,20Q'l
~'{ "lJ~ Denise A. Wilson
:~ ('~ Commission # 00296233
~. \JA Expires June 18. 2008
T"t 01' ~ laMed 'flay Pm .I~, 11\6. 1Q0486-701Q
S/Form - Annexation Agreement 1410.0029
revised 04/25/97
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SCALE:
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LEGAL DESCRIPTION
A TRACT OF LAND LYING WITHIN THE SOUTHEAST 1/4 OF THE SOUTHWEST
1/4 OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE
15 EAST, PINELLAS COUNTY, FLORIDA. AND BEING MORE SPECIFICALLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF AFORESAID SECTION 24 FOR A
POINT OF REFERENCE: THENCE TRAVERSE S. 8918' 08" E., ALONG THE
SOUTH BOUNDARY OF SAID SOUTHWEST 1/4. 1019.90 FEET; THENCE
TRAVERSE N. 00 41' 52" E.., PERPENDICULAR TO THE LAST COURSE, 50.00
FEET TO THE NORTHERLY RIGHT -OF-WAY (RIW) OF BELLEAIR ROAD AS IT
IS NOW ESTABLISHED, AND THE POINT OF BEGINNING (P.O. B.) THENCE
CONTINUING ON THE SAME LINE, N. 00 41' 52" E. ,226.89 FEET, THENCE
S. 8914' 16" E. ,304.22 FEET, THENCE S.OO 27' 18" W., ALONG THE EAST
BOUNDARY OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 24, 226.55 FEET TO THE AFORESAID NORTHERLY RIW OF
BELLEAIR ROAD; THENCE N. 8918' 08'W., ALONG SAID R1W. 305.18 FEET
TO THE P.O.B. ; AN~ CONTAINING 1.5859 ACRES M-O-L.
SUBJECT TO AN EASEMENT TO THE CITY OF CLEARWATER, DATED 03/12/69,
FILED 03/21/69, AND RECORDED IN O.R. BOOK 3041, PAGE 660 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, GRANTING A SEWER
EASEMENT OVER THE NORTH 50 FEET OF THE SOUTH 100 FEET OF THE WEST
25 FEET OF THE EAST 75 FEET OF THE SOUTH 280 FEET OF THE EAST 303
FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST
1/4 OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY
FLORIDA.
SUBJECT TO AN EASEMENT FOR DRAINAGE OVER THE WESTERLY 80 FEET OF
THE SOUTHERLY 100 FEET OF THE CAPTIONED LAND; ALSO SUBJECT TO
EASEMENT FOR INGRESS AND EGRESS OVER THE EASTERLY 50 FEET
THEREOF. RECORDED IN O.R. BOOK 3087, PAGE 470, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
MAY BE SUBJECT TO ADDITIONAL EASEMENTS OF RECORD,
NOT FURNISHED TO THIS SURVEYOR.
BENCHMARK: PINELLAS COUNTY DISK # 1220
DESIGNATION: BREEZE M
ELEVATION: 33.325
LOCATION:
INTERSECTION OF BELLEAIR ROAD
& KEENE ROAD (CR # 26)