SEWER ONLY - JAMES L & BETTY HOWSARE AND BERKLEY C & ANNETTE BADGER TRUST, UTD DATED JANUARY 1, 1992KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2015025595 01/29/2015 at 09:37 AM
OFF REC BK: 18660 PG: 2387 -2390
DocType:AGM RECORDING: $35.50
AGREEMENT
(Sewer Only)
A.T.A. 15 -01 -618
THIS AGREEMENT, made and entered into this ,.;1(Ei day of Gtma...4 7 , 20/5,
by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as
"City," and James L. Howsare and Betty Howsare & Berkley C. Badger and Annette Badger Trust,
UTD January 1, 1992 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:
Parcel ID #: 03- 29- 15- 12060- 015 -0130
Legal Description: Lot 13, Block "0", Brooklawn Subdivision according to the map or
plat thereof as recorded in Plat Book 13, Page 59, of the Public
Records of Pinellas County, Florida.
Also known as:
1994 Poinsetta Avenue
Clearwater, Florida 33755
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 Clearwater Community Development Code
Chapter 54. 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, with no
further notice to the 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, 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 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.
WITNESSES AS TO OWNER:
Witness 1 Sign
(Print name) e1t-
OWNER(S):
ames L. Howsare
elico)2441.0 idiewyt)24
Witness 2 Signatg re Betty sare
(Print name) en 1gv.4tN t. S
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this
by James L. Howsare and Betty Howsare.
Notary Public
Notary Name (print, type o7mp name of notary)
Personally known
Or Produced Identification
Type of Identification Produced
S� day of w..
..#;0744,, R. CALLER
_`� = Notary Punic - State of Florida
c 44 �' My Comm. Expires Aug 24. 2018
"'.,;cos p id;. Commission / FF 133956
, 205,
•
•
•
WITNESSES AS TO OWNER:
Witness 1 Signature
(Print name)
Witne ature
(Prin L(N 1044 &Id Cede
STATE OF FLORIDA )
COUNTY OF PINELLAS )
OWNER(S):
The foregoing instrument was acknowledged before me this teJ day of 20 I
by Berkley C. Badger, Trustee of the Berkley C. Badger and Annette dger Tru UTD January
1,1992.
Notary Public
Notary Name (print, type mp name of notary)
Personally known
Or Produced Identification
Type of Identification Produced
R. RAILER
Notary Public - State of Florida
A�,. My Comm. Expires Aug 24, 2018
,.,`' Commission +r FF 133956
CITY OF CLEARWATER, FLORIDA
,,,, M441-A4LL By: 11W TA"
William B. Horne II
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
cc�
Rosemarie Call
City Clerk
The foregoing instrument was acknowledged before me this day of -ffm , 20,E
by William B. Horne II, the City Manager of the above -named City.
Notary Public
Notary Name (print, type or stamp name of notary) .rte D a,_
Personally known ✓
Or Produced Identification
Type of Identification Produced
Camilo Soto
Assistant City Attorney
S /Form - Annexation Agreement 1410.0029
REV. 08/27/13
p�ARV - SANDRA HARRIGER
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE142238
NCE 191 Expires 1/4/2016
•Property Appraiser General Information
f J
Page 1 of 4
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03- 29 -15- 12060 - 015 -0130
Compact Property Record Card
Data Current as of
January 07, 2015
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Radius Improvement Value
Search per F.S. 553.844
Ownership/Mailing Address Change
Site Address
Mailing Address
HOWSARE, JAMES L
Plat
Book/Page
HOWSARE, BETTY
Exemption
BADGER, BERKLEY C &
2015
ANNETTE TRUST
1994 POINSETTA AVE
BADGER, BERKLEY THE
(Unincorporated)
C/O HOWSARE, TODD
No
730 ROANOKE ST
Non - Homestead Use Percentage: 100.00%
DUNEDIN FL 34698 -8423
No
Property Use: 0110 (Single Family Home)
[click here to hide] Legal Description
BROOKLAWN BLK 0, LOT 13
Living Units:
1
Mortgage Letter E File for Homestead
2015 Parcel Use
Exemption
Evacuation Zone
(NOT the same as a FEMA
Plat
Book/Page
Comparison
Exemption
2014
2015
Homestead:
No
No
Homestead Use Percentage: 0.00%
Government:
No
No
Non - Homestead Use Percentage: 100.00%
Institutional:
No
No
Classified Agricultural: No
Historic:
No
No
Parcel Information 2014 Notice of Proposed Property Taxes (TRIM Notice)
Most Recent
Recording
Sales
Census Tract
Evacuation Zone
(NOT the same as a FEMA
Plat
Book/Page
Comparison
Flood Zone)
18630/2373 ®
$65,800 Sales
121030263001
D
013/059
Query
Year
2014
2014 Interim Value Information
Just/Market Assessed Value/ County
Value SOH Cap Taxable Value
$44,763 $44,763 $44,763
School
Taxable
Value
$44,763
Municipal
Taxable Value
$44,763
G101111 lnInn 1 cn1 2n
1 i '7i ')n1 s
2014354308 BK: 18630 PG: 2373, 12/29/2014 at 03:34 PM, RECORDING 6 PAGES
$'52.50' D DOC STAMP COLLECTION $227.50 KEN BURKE, CLERK OF COURT AND
COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU10
This instrument was prepared by:
Paul J. Burns, Esq.
12525 Walsingham Road
Largo, Florida 33774
Return to:
Above.
Parcel Identification No.
03129115/12060/01510130
SPECIAL WARRANTY DEED
1 1 • 1
, 1 1 1
1 1
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' '
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This WARRANTY DEED, made this . of December, 2014 ;
Between MICHAEL PETERS and JAMES L. HOWSARE, surviving membeitof'TMJ, LLC a
dissolved Florida Limited Liability Company, of 730 Roanoke Street, Dunedin, Fl 34698, Grantor, and
JAMES L. HOWSARE and BETTY HOWSARE, his wife, and BJ KLEY, Ce. BADGER, Trustee of
the BERKLEY C. BADGER AND ANNETTE BADGER `RIOT-itdAnfary 1, 1992, as Tenants in
Common whose address is 730 Roanoke Street, Dunedin, Fl, '468` .aiid 324 Westgate Road, Tarpon
Springs, Fl 34688, respectively, Grantee,
Witnesseth that said grantors, for and iil'consideration `gf`'the sum of TEN DOLLARS ($10.00),
and other good and valuable considerations to said grantor in'jiand paid by said grantee, the receipt whereof
is hereby acknowledged, has granted, bargiaitied and sold to the said grantee, and grantee's heirs and assigns
forever, the following described land, sifuate, ly}tg andb®ieg in Pinellas County, Florida, to -wit:
Lot 13, Block 0, BROQKLA ,according to the Plat thereof recorded in Plat Book 13,
Page 59, Public Records'of Pinellas County, Florida.
Subject to covenants,coridltions, easements and restrictions of record, if any.
Being the, same piepiises Conveyed to Grantor by Deed of MICHAEL PETERS and
JAMES L; flOWSAIIEp by deed dated September 29, 2004, recorded in O.R. Book 13899,
Page`l$Ct onOOctober'21, 2004, Public Records of Pinellas County, Florida. Grantor is a
dissolved.'Florida - Limited Liability Company of which Michael Peters and James L.
`}1 i';are -were the only members. All right, title and interest in the premises shall be held
liy. he, Gi iitee's as Tenants in Common with Howsares owning 46.107% and Badger Trust
�•,Owning?53.893 %.
To have and to hold the same, together with all and singular the appurtenances thereunto
betoluittg•r in anywise appertaining and all the estate, right, title, interest and claim whatsoever of the
said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
party of the second part and said party of the second part's assigns forever.
And the Grantor hereby covenant with said Grantee that, except as noted, at the time of the
delivery of this Deed: (1) Grantor is lawfully seized of said land in fee simple; (2) Grantor has good right
and lawful authority to sell and convey said land; (3) The premises are free from all encumbrances made
by Grantor, except easements, encumbrances, restrictions and reservations of record and all taxes now
and subsequently owing relative to said property; and (4) Grantor will warrant and defend against the
lawful claims and demands of all persons claiming by, through or under Grantor, but against none other.
. PINELLAS COUNTY FL OFF. REC. BK 18630 PG 2374
The Trustee hereinabove shall have, and is hereby granted, full power and authority to improve,
maintain and protect said real estate, or any part thereof, to contract to sell, to grant options to purchase) ;
to sell on any terms, to convey either with or without consideration, to convey said real estate of airy part'
thereof to a successor or successors in trust, and to grant to such successor or successors in, trust all'of the
title, estate, powers and authorities vested in said Trustee, to donate, to dedicate, to mgrlgage, pled,gdor,
otherwise encumber said real estate or any part thereof, to lease said real estate or any Oft thereof', 'from
time to time, in possession or reversion, by leases to commence in praesenti or in- futu't and upon any
terms and for any period or periods of time not exceeding in the case of any,singlb'demisithe -tern of
ninety-nine years, and to renew or extend leases and to amend, change or modi 4' lease add the terms and
provisions thereof, to contract to make leases and to grant options to lease and'pptions)t® renew leases
and options to purchase the whole or any part of the reversion, and to contract respecting the manner of
fixing the amount of present or future rentals, to partition or exchange said real estate or any part thereof
for other real or personal property, to grant easements or charges olhny kind, to release, convey or assign
any right, title or interest in or about said real estate or any part the'rep'f, and,toxieal with said real estate
in every part thereof in all other ways and for such other VeliSideratibnses it would be lawful for any
person owning the same to deal with the same, whether sirrijla'r,�tp ar.ilifferent from the ways above
specified, at any time or times hereafter.
In no case shall any party dealing with said - trustees) \ni, relation to said premises, or to whom
said premises or any part thereof shall be conveyed; contraatbd `to be sold, leased or mortgaged by said
trustee(s), be obliged to see the application of any purchase money, rent or money borrowed or advanced
on said premises, or be obliged to see thatthe terrtrs of th,e aforesaid trust have been complied with, or be
obliged to inquire into the necessitt'or `egpedie y,b& any act of said trustee(s), or be obliged or
privileged to inquire into any of the'terms said trust agreement; and every deed, trust deed, mortgage,
lease or other instrument executbd'py paid trustees) in relation to said real estate shall be conclusive
evidence in favor of every person relyitrg upon or claiming under any such conveyance, lease or other
instrument, (a) that at the tifpe ofxhe delivery thereof the trust created by this indenture and by said trust
agreement was in full foece'gnd.dffect;(b) that such conveyance or other instrument was executed in
accordance with the- trusts, `cdnditions and limitations contained in this indenture and in said trust
agreement or in some ameirtiment,thereof and binding upon all beneficiaries thereunder; (c) that said
trustee(s) was duVauthorized',ana empowered to execute and deliver every such deed, trust deed, lease,
mortgage or4therjinstrumenf;,and (d) if the conveyance is made to a successor or successors in trust, that
such successor.nF suceessbrs'in trust have been properly appointed and are fully vested with all the title,
estate „ri hts,.pgWe'rst authorities, duties and obligations of its, his or their predecessors in trust.
'9he suceessoc trustees) named in or appointed under the aforesaid trust shall have all of the title,
poweiS,,and,Siscretion herein given to the trustees hereunder, without any act of conveyance or transfer.
A Certificate signed by any trustee or any successor trustee under this instrument and acknowledged by
'4 him/her before a Notary Public shall be conclusive evidence upon all persons and for all purposes of the
facts.sateE( in the Certificate representing the terms of this instrument and the identity of the trustee(s)
who from time to time is /are serving under it.
The interest of each and every beneficiary hereunder and of all persons claiming under them
shall be only in the earnings, avails and proceeds arising from the sale or other disposition of said real
estate and such interest is hereby declared to be personal property, and no beneficiary hereunder shall
have any title or interest, legal or equitable, in or to said real estate as such, but only an interest in the
earnings, avails and proceeds thereof as aforesaid.
When used herein, the terms "Grantor”, "Grantors", "Grantee", "Grantees", "Trustee" and
"Trustees" shall be construed as singular or plural as the context requires.
, PINELLAS COUNTY FL OFF. REC. BK 18630 PG 2375
■
IN WITNESS WHEREOF, Grantors have hereunto set Grantors' hands and seal the day andiea1`, '`;>
1
first above written.
Signed, sealed and delivered
in our presence:
,,�1ra�Jo
(�r.nC Nom) .�. tnessss� ��� MICHAEL TER(S
GRANTOR(S)
1 "
, , ,
/ 1
• , /1
1
1 1
j(udu Ever i Witness
(Print Nam) S
tS l A
(Print Name)
ado
0 , Witness
s
sN
STATg -OE FLO123DA- "
COf IT OF-P-If L'LAS
'the foregoing instrument was acknowledged before me this day of December, 2014,
`b}& MICI ►DEL PETERS, a surviving member of TMJ, LLC, a dissolved Florida Limited Liability
Coitipan5,'who is authorized to execute this Deed and who is personally known to me or who has
produced Florida Drivers License as identification.
t
•
.
• ' - JAMES'L. HOWSARE
(Sea_
PATRICIA WALLBI JRST
Bonded Mu Nary Pubic Wideman
MY COMIMINON EE 221
EXPIRES: Jtki 31. 2016
Notary Public, State of Florida
. PINELLAS COUNTY FL OFF. REC. BK 18630 PG 2376
STATE OF FLORIDA ., COUNTY OF PINELLAS ` „' ,'
The foregoing instrument was acknowledged before me this )0 day of Occember;,2p14,,
by JAMES L. HOWSARE, a surviving member of TMJ, LLC, a dissolved Florida Limited Liability
Company, who is authorized to execute this Deed and who is personally knowri,to i�}8`orwljo has
produced Florida Drivers License as identification.
o y� X846
1
V S • �.•
Notary Pub c, State of Fto'richa. • >3,% �aszto
(Seal) <' s,:,,•,',•' i :;&4kYdeo •'
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PINELLAS COUNTY FL OFF. REC. BK 18630 PG 2377
AFFIDAVIT REGARDING DISSOLUTION OF
TMJ, LLC
The undersigned being all the members of TMJ, LLC a Florida Limited Liability ,, ',>
Company, upon their oath, depose and say: : .. '
, ,'
1. Articles of Organization for TMJ, LLC were filed on April 21, 2003: dex'•
Document Number L03000014187.
2. The Florida Limited Liability Company was initially estabijsliedds _ - ,
manager managed company, however, the initial manager, Howard C. Stross, resigned
and the company became a member managed company. _
3. The only members of the Company were Michael Peters and James L.
Howsare and they became the member- managers of the Company. ,;>
4. The Company was administratively dis's4Iv& the Siate of Florida on
`
October 1, 2004 for failure to file an Annual Report, '
5. The member - managers cor3sent46 the'dissdljition of the Company and the
>
wrapping up of business. ' '
,
6. The member- manageis )tave appointed James L. Howsare as the member -
manager to execute any and alfdocunnenthnepessary to wind up the LLC's affairs,
including but not limited, to deeds tb real property known and described as Lots 12 and
13, Block 0, BROOKLAW)If accorc ing to the Plat thereof, recorded in Plat Book13,
Page 59, of the Jhrblic Records of Pinellas County, Florida.
7. :the mentbers ekpressly consent to the transfer of the above described
parcels ()Neal estate to names L. Howsare and Betty Howsare, h/w and Berkley C.
Bad er,-Tmst$e rtf the Berkley C. Badger and Annette Badger Trust dated January 1,
1992.‘s,'•
`;8. The members acknowledge that neither James T. Howsare nor Michael
s'tetersirave filed bankruptcy since April 21, 2003.
9. Michael Peters acknowledges having previously conveyed or attempted to
convey all of his right, title and interest in the property known as Lot 12, Block 0,
BROOKLAWN to Berkley C. Badger, Trustee of the Berkley C. Badger and Annette
Badger Trust dated January 1, 1992.
,PINELLAS COUNTY FL OFF. REC. BK 18630 PG 2378
10. The above statements are true to the best of our knowledge and belief. We
understand the these statements are being relied upon by third parties with regard to the
5 ,
transfer of the above described real properties and will cooperate with the same to assure - ; `,
good and marketable title.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, "
instrument consisting of this and one previous page, as of this day, December !'1 , 2014.:
,,
a *Aft)
State of Florida }
County of Pinellas } ss.
Witness
c'hael Peters
•
s /ate
tines H3wsare
,ss%
1 1
Subscribed and sworn befordme 8y Micha,eh ?eters, personally known to me or
proved to me on the basis of satisf ctoty eyidense, namely FLORIDA DRIVER
LICENSE , to be the persox'whose ndnie >is subscribed to this instrument, and
acknowledged that he execttted.ltdtrbecember - , 2014.
PATRICIAWALLBUSIBt
MY COAMa310N i EFV*44
Jtiy iJog yPPuble U2d $idrelM.,
• '1
Notary Public for State of Florida
Sthtp`of Ftoiida }
County of Pinellas } ss.
'Subscribed and swom before me by James L. Howsare, personally known to me
or proved to me on the basis of satisfactory evidence, namely FLORIDA DRIVER
LICENSE , to be the person whose name is subscribed to this instrument, and �N,�a 4�t►et 111,''i
acknowledged that he executed it on December U , 2014. �,st� �.. �••.�E9 .may
: ►4
0300 :AV
«� s
Notary Pu i lic for State of Florida