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SEWER ONLY - JOANNE DENTER '~:..., ) , KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 200549071012/09/2005 at 02:13 PM OFF REC BK: 14794 PG: 1938-1941 DocType:AGM RECORDING: $35.50 AGREEMENT (Sewer only) '-kA. THIS AGREEMENT, made and entered into this &J day of ~ . 2~ by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City," and Joanne Denter 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 20, Block 5, Virginia Grove Terrace 3rd Addition according to the map or plat thereof as recorded in Plat Book J2, Page ~, Public Records of Pinellas County, Florida. Also known as: 1741 Lucas Drive Clearwater, Florida 33759 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 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 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. <;J~ 88 Joa e Denter STATE OF FLORIDA) COUNTY OF PINELLAS ) BEFORE ME personally appeared Joanne Denter, to me known to be the individual(s) described in and who executed the foregoing instrument and severally acknowledged before me that they executed the same for the purposes herein expressed; and that said instrument is the free act and deed of said individual(s). WITNESS my hand and official seal this ~~. Notary Public Notary Name (print/type) cJ S- day of 11 ~ . 19-.1.1. My Commission Expires: ~lJJ' ~J\\oJ\ L<('5A ~. ~uLkvn oL q /JII~OOO "'-:;'~'~" LISA J. BUCHNER "II. l)..'1'':%. :.' :.~ MY COMMISSION' CC 685944 ~ .~j EXPII'\ES: Septemb~ 17, 2000 . " Bonded ThI1l Notary PublIc UndIlWrilers 2 ;,...- CITY OF CLEARWATER, FLORIDA By: ~13_.~~ William B. Home II ~H_~:'" City Manager Attest: ~~.?' )j.,. Do C'_ \j Cynthia E. Goudeau City Clerk STATE OF FLORIDA) COUNTY OF PINELLAS ) BEFORE ME personally appeared William B. Home II, the Il\teftM 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. I'M A. , r.- ~~ dayof~20Q) Notary Public Notary Name (print/type) My Commission Expires: o....~y P,,~<;., Denise A. Wilson : ~ c; Commission # 00296233 ~. \)..4 Expires June 18, 2008 ~ OF '?1IondId Tray FIln .1nNIIlOt, lno. eoo.aeo.70IQ S/Form - Annexation Agreement 1410.0029 revised 04/25/97 o.R.6 3 91 PAGE 1 7 WARRANTY OeE~ CENTURY TITLE AND ABSTRACT, INC. 1120,703 (DES) This Warranty Deed \Iaderhe 23rd dUI'of Pamela B. Faraji and Hamid Faraji, Her Husband Decentler A. D. 19~ by hereinafler called rhe ~ranf()r. to 86308090 Joanne Denter, a single person 1741 Lucas Drive Clearwater, Florida 33519 whose pas I office addre.u rs hereinafler called Ihe ~ranree: I Wherl:\ l.'r u,,:J hcrl.'lI1 I hI.' h:Tm, "~rilnlor" and .'granter" include alllhe parties 10 Ihili inlilrumenl and Ihe' htir(" I~al rCI"TI....cnlall\L... and 3"i(ln'i of indi\'lduals and Ihe IiU"cnsorlli and assi.nlli of corporalions.) Witnesseth: ThaI Ihe gran/or for and in consideralion of Ihe sum of J/O.oo and other valuable ('onsideralions, receipl whereof is herehyacknowledf!,ed, hereby f!,ranlS, barf!,ains, sells, aliens, remises, releases, convey.s and confirms IIn/O Ihe ~ran/ee all that certain land situate in Pinellas Coun/y, Florida, \'i~: LOT 20, BLOCK 5, VIRGINIA GROVE TERRACE 'DURO ADDITION, according to the map or plat thereof as recorded in Plat Page 74, Public Records of Pinellas County, Florida. <=::J m C"> ~ <, ;'''1 ~~~:; ii rTl :~;.: f ~ p t. Book 37, .t:.. 7,"_l o _,-:. N --0 "1'.".: :3:: -< - ~?~ c:::1 r.......~ 14 148103W, 7\~ 4t 41 TOTAl 01 Caah 1J. Ch.g 40 R~ ,:).VO 41 70 cfU 43 Int _ - To{t'7~'" iiP eft 241>W 15:" 271." 275." all( Tl'!gether with all the tenements, hereditaments and appurtenances thereto belonf!,inll or in anywise appertaining. To Have and to Hold, thesameinfeuimpleforever. A nd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convt!y said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land' is free of all encumbrances, except taxes accruing subsequent to December 31, 1986 and subject to easements and restrictions of record. Th's 1""Pl"wnl was propared by: CE?,;TJF\Y Ti-;LE AND ABSTr,ACf, INC. L j C!~:~,~:~ ~~i,,:~,~~,.ca~~~:~ 5 ,,;~i:':h in:;;tn;:~.~nt was p!':"vctr,-~~ .::-:',-1 ,'!".~:Jl It) 'h9 writinq of r:I ':'i119 Insu~cnce !-';.. y. BY, --------------- In Witness Whereof, first above wri{{en. the said Ilrunwr has sillned and sealed these presents the day and year ~ L.S. Pamela L.S. ST A TE OF Flori& COUNTY OF Pinellas J HEREBY CERTIFY thai on thi\ day, before mc'. an offil."C'r duly authorized in the Slale aror~3id and in lhe County 3forl;',aid In fake adn('lwlC'd~C'mC'nl\. r'Cf\onally anpeared Pamela B. Faraji and Hamid Faraji, Her Husband 10 me known fo he the rcr"on _dc\cribcd in and wh(l e\eCuled IhC' f(lrc:goin~ ino,;lrumcnl and .ha. Ti]E~ <,<<u.ed .he 'Ome, WIT:\lLSS my hand and offic:ial ~eal in the Counl~' and Slate la'\' afor('..ajd.~r ... n.l~ 86 THEY a<kno..~d~<d !>ern,. me " ent:ler ..... 1 ( t .