SEWER ONLY - ALLEN J. PROFFITT
"'" "/".
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005490685 12/09/2005 at 02:13 PM
OFF REC BK: 14794 PG: 1845-1849
DocType:AGM RECORDING: $44.00
AGREEMENT
(Sewer Only) ~___________~
'-It-
THIS AGREEMENT, made and entered into this -3::l day of
~ . zOC2J::"hy and between the CITY OF CLEARWATER, a municipal corporation,
hereinafter referred to as "City," and Allen]. Proffitt 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:
Lot ~, Rolling Heights. according to the map or plat thereof as recorded in Plat Book
41-, Page ...1., Public Records of Pinellas County, Florida.
Also known as:
2316 Anna Avenue
Clearwater, Florida 33765...2711
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;
(f) that all of the property described above shall be deemed a single parcel subject to annexation
as provided herein, and any subparcels of the property described above which are created by subdivision
or by any other means shall be included for the purposes of the subsequent annexation procedure,
subsequent sale and individual ownership notwithstanding;
(g) that the terms and provisions of the Agreement shall be commitment and obligation which
shall not only bind the present owner of said described real property, but shall be a covenant which shall
run with the land and shall bind and be enforceable against the heirs, successors and assigns of the
Owner; and
(h) if the Owner or the heirs, successors, and assigns of the Owner, shall default in the
performance of the terms and provisions of this Agreement, and the City shall institute legal proceedings
to enforce the terms and provisions hereof, the Owner or the heirs, successors, and assigns of the Owner
shall pay all costs of such proceedings including the payment of a reasonable attorney's fee in connection
therewith.
3. The City shall not be liable for any damage resulting from any unavoidable cessation of service
caused by Act of God, necessary maintenance work, or any cause beyond the control of the City.
4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City
Manager, P.O. Box 4748, Clearwater, Florida, 34618-4748 and to the Owner at the post office address for
the property described above, at any other address which may be furnished by the Owner from time to
time, or at the address for the Owner according to the property tax rolls of Pinellas County, Florida.
5. This Agreement shall be recorded in the public records of Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
WITNESS AS TO OWNER:
~! tflr~
Ka-. t.., J. O'8...r~
~y~
STATE OF FWRI A)
COUNTY OF PINELLAS )
BEFORE ME personally appeared Allen J. Proffitt. 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).
OWNER: ,---
fr)iL f)4I~t{J
Alfen J. Pro t
FL btt..
"2-00 "
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WITNESS my hand and official seal this 1. q day of
9}~ ~. ~
f'\.~c... \1-
Notary Public
Notary Name (print/type)
My Commission Expires:
e::~
II............ ~LD.
2
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CITY OF CLEARWATER, FLORIDA
By:
~~~
William B. Home II
II.LiuiL City Manager
Attest:
, ..'
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"",' .
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared William B. Home II, the hA_~ifu 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:
d official seal this ~
20~
o~~ Denise A. Wilson
: c; Commission # 00296233
~~ 'f/. Expires June 18, 2008
01' f\l Bonded TIOy Fein .11\IIIlIIlCe, lno. 800-385-7019
S/Form - Annexation Agreement 1410.0029
revised 04/25/97
n
\..'f 10 ,.n<l... .............. "am_ __I .
Nam.' nus instrumel)! was prepared by
CENTURY TITLE AND ABSrnAcr.INC
Martha S. Weaver
I WARRANTY 0..0
.HDIV'D. TO 'NDIVID.
. .
INST # 93-308816
OCT 25, 1993 5:31PM
Adel,...:
BY
ThiS Instrument Prepared by:
325 Belcher Road N
Clearwater. FL 34625
whIch instrument was prepared Incidental
10 Ihe wnling oJ 0 Title Insurance Policy
(#29,621)
PINELLAS COUNTY FLA.
OFF.REC.BK 8446 PG 1595
Adell...'
Properly Appraisers Parcel Identification (Foliol Numberlsl:
07/29/16/76446/000/0320
Granteelsl S.S. lis):
SPACE ABOVE THIS UNE FOR PROCESSING OATA
SPACl; AIlO\/E THS lJE FOR RECOAIlINCl DATA
Wbi.s lIIarranttl lIuh Made tM hi22nQwif day of
stephen M. Brooks-and Carol Brooks, s e
herrinafter called the grantOT, to
Allen J. Proffitt, a single man
whose post office address is 2316 Alma Ave., Clearwater, FL 34625
October ,
A.D. 19 93
'19
herrinafter called the grantee:
(Wbe.....er IIHd h.NiIl' tII. t...- -lftDtor- ud .putee- iDe'" all the put;.. to tWI iftltnuawDt'" ...
h~in. I.pl rep......iaLl..H ud ....,.. 01 iDdlvld_lt. aad 0.. loceeuon aDd uai.... 01 eorpora&lou)
.ttnusrt1}: That the gran tOT. fOT and in consideration of the sum of$ 10.00-- and other
valuable considerations. receipt whereofis hereby acknowledged. hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto tM grantee all that certain land situate in Pinellas
County, State of Florida , viz:
G
lDt 32, Rolling Heights, acoordi.ng to the map or plat thereof, as recorded
50 in Plat Book 43, page 1, Public Records of Pinellas COImty, Florida.
iT
SUbject to easenents and restrictiO'lS of recx:>rd.
~ Tax Pd.' (, SC,..,o
. Int8ng1ble Tn Pd.
Iter""'" F. 0. Bl8k!r. c;t.t. Plnell. CounIY
~ Deputy CleI\
lay . J
'c.J (JJOflt.tlttr. with all the tenements, Aereditaments and appurtenances thereto ~, OT i,~
appertatntng. ~i1tC,,, i~I'iT. Tti~0tRE0: ~653. 50
mo )lIUf Inil to Bolil. tM same in fee simple fOTcver. Crll'.',:.Jt: $0.00
Anil the grantOT hereby covenants with said grantee that tM grantOT is lawfully aeized of said land in fee
simple; that the grantOT has good right and lawful authority to sell and convey said land, and hereby wa1Tants the
title to said land ond will defend the same against tM lawful claims of all persons whomaoever; and that said land
is free of all encumbrances, ezcept tazes accruing subseq1Lent to December 31. 1992 .
)n .ttntss -1}ueof. the said grantOT has signed and sealed these presents the day and year first above
written.
s
)\..Ul~'t't:; F,~T 10-25-93
Gi lItu-FROFf liT
~tCDRDIN,j
00~ ST/~i.iP COLLECT-0R2ig
to. Cia
$647.50
17' .:~I ~.~.
...,. ........"'"
i
,
4L
Si~~ered in the presence of
SOl')""
Newton Lyle
Pna&.d Sipatu", A L-l
,..JvL.<\.!VCN- 1. lvlA a A.U'\.
Sipatu", /
Martha s. Wea~)
'-~.
s....
-Newtal ~le
Si~#6~
~ M. Brooks
Pria IJMI.GnI
2333 Stag Run Blvd., Clearwater, FL 34625
,... orne. Addn.
!.:.fA /\.A, J! 'B A A'<r-~~ CD
Carol Brooks
Pnnkd Sicnatu..
,-.fYlc~ A;(j,-o... i, t\.A.L~,,-
Sicnal~ S. Weaver T
Pri..., Si......
2333 Stag Run Blvd., Cleaxwater, FL 34625
Po.t ome. AddnMI
Prilll#d :J;pat....
STATE OF Florida
COUNTY OF Pinellas
I HEREBY CERTIFY that on thiadal:.. befo!e me, an ofrM:er duly authorized in the State aforeoaid and in the County aforeoaid to take
acknowledgmenta. peraonally appeared ::>~ M. Brooks and Carol Brooks, his wife
to me known to be the person S deocribed in and
exec:ut 18IIle. *
da of October. A.D. 19 93
who executed the foregoing instrument and they acknowledged before
WITNESS my hand and official oeaI in the County and Slate Iaot r
SEAL
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: ~Jbi-
by
BI
Sec:lion"7 Townlhlp Z9 5. Renge / ~ C .
C 125139 0126 C 6/01/83
FloocI Zon. F.I.R.M. R.vilion BII. Flood Elev.
lDl'E: TIllS SURVEY IS MADE PCR 'l'8B BXa.USIVE USE Or 'l'HE <UUmf.r CHIERS, AND
ALSO THOOE WII) PURC8ASE, fIIRl'GAGI!: <B GUAIfAN'1'p;z mE TI'l'LB 'l'BERETO wnmN am
(1) YEAR FRat mE Dl\TB SI<Hm, AND MAY ter. BE 1.'RANSFBRRED <R ASSIamD WI'l'BJU'r
'l'HE EXPRESS IIRI'1"1'I!N <DISEN'l OF C. BOm .ALLEN, P.L.S. LIABILl'lY '1'0 THIRD PARrIES
IS EXPRESSLy DISCLAIMED.
I:llXImARr ~ OF: . Lot 32, ROLLING BBIGIlJ.'S as recorded in Plat Book 43,
p;lge 1, public records of Pinellas County, Florida.
Cl!2rIFIPD EXCLUSIVELY '1'0: Allen PROFFIT: S & L Financial Service Corp., &
Century Title & Abstract alalf Old Republic National Title Insurance Co.
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BASIS OF BEARINGS:
BASIS OF EL.EVATIONS:
L.EGEND
I.A.: IAON AOD I.P.: IAON PIPE C.M.: CONC. MONUMENT' N.D.: NAIL & DISK P.C.P.: PEAMANENT
CONTAOL POINT P.: PLAT A.: AECORD M.: MEASURED C.; CALCULATED F.:laIm S.:SP:l'
Cone.: Concrete CIS: Cone. Slab ,
NOTE NOT VALID WITHOUT AN EMBOSSED SUR\'EYQA'!> SfAL 9:J:::J 9. o~
18131937-2065
@~~~~YING
, I hellb, <e,../y ,hat lhe surve, 'OD,e..nteel he'eon meetl Ihl
'equ'''lmenll D' Chall.er 21lfH flDrocla Adm,nlll'alove CDele.
;
Molli", Add,...:
P.O. Box un, Tupon,Sprlnp. FL .u688-113~
314 l.eefwoocl RoIcl. Tarpon Sprina', FL
Pllt, Choel fIA Rev1wd
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