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SEWER ONLY - JAMES L & BETTY HOWSARE AND BERKLEY C & ANNETTE BADGER TRUST, UTD DATED JANUARY 1, 1992 (2)KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2015025594 01/29/2015 at 09:37 AM OFF REC BK: 18660 PG: 2383 -2386 DocType:AGM RECORDING: $35.50 AGREEMENT (Sewer Only) THIS AGREEMENT, made and entered into this .2 041 day of 9a nu_ a , 2015 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: A.T.A. 15 -02 -619 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 -0120 Legal Description: Lot 12, 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: 1998 Poinsetta Avenue (Proposed Address) 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; di 4. (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 construct-ion 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 Signature (Print name) '13 11 e' �O G- Witness 2 SignIttire� �� (Print name) ((SAN STATE OF FLORIDA ) COUNTY OF PINELLAS ) OWNER(S): ames L. Howsare Bet` rsare The foregoing instrument was acknowledged before me this 5 day of by James L. Howsare and Betty Howsare. Notary Public Notary Name (print, type o Personally known Or Produced Identification Type of Identification Produced p name of notary) R. GALLER Notary Public - State of Florida My Comm. Expires Aug 24. 2018 •;;E,,.;:o Commission 0 FF 133956 - - - - - - - - - - - - WITNESSES AS TO OWNER: Witness 1 Signature (Print name) a(IA Witnes (Print Lur ¢ STATE OF FLORIDA ) COUNTY OF PINELLAS ) OWNER(S): Berkley C. B , c _ er rt The foregoing instrument was acknowledged before me this 15 day of 20 n by Berkley C. Badger, Trustee of the Berkley C. Badger and Annette dger Tru t, UTD January 1,1992. Notary Public Notary Name (print, Personally known Or Produced Identification Type of Identification Produced tamp name of notary) • R. SAILER Notary Public • State 01 Florida r s My Comm. Expires Aug 24, 2011 CommiNitn • FF 13R1011 CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager STATE OF FLORIDA ) COUNTY OF PINELLAS ) Attest: Rosemarie Call City Clerk The foregoing instrument was acknowledged before me this day of , 20 l by William B. Home II, the City Manager of the above -named City. Notary Public Notary Name (print, , type or stamp name of notary) Personally known Or Produced Identification Type of Identification Produced %URN ‘4311, ifCEiI Camilo Soto Assistant City Attorney S /Form - Annexation Agreement 1410.0029 REV. 08/27/13 SANDRA HARRIGER NOTARY PUBLIC STATE OF FLORIDA Comm# EE74 238 Eoibls§ if�i� property Appraiser General Information Page 1 of 3 Interactive Map of this parcel Back to Query Results New Search Tax Collector Home Page Contact Us WM Portability Calculator 03- 29- 15- 12060 -015 -0120 Compact Property Record Card Data Current as of January 07, 2015 Ownership/Mailing Address Change MailingAddress Email Print Site Address Radius Search BADGER, BERKLEY C & ANNETTE TRUST BADGER, BERKLEY C THE HOWSARE, JAMES L HOWSARE, BETTY 730 ROANOKE ST DUNEDIN FL 34698 -8423 0 N POINSETTA AVE (Unincorporated) Property Use: 0000 (Vacant Residential - lot & acreage less than 5 acres) [click here to hide] Legal Description BROOKLAWN BLK 0, LOT 12 Living Units: Mortgage Letter a File for Homestead Exemption 2015 Parcel Use Homestead Use Percentage: 0.00% Non - Homestead Use Percentage: 100.00% Classified Agricultural: 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 Com i arison Flood Zone) 18630/2367 ® $4,100 121030263001 D 013/059 Year 2014 2014 Interim Value Information Just/Market Assessed Value/ County Value SOH Cap Taxable Value $3,155 $2,348 $2,348 School Taxable Value $3,155 Municipal Taxable Value $2,348 [click here to show] Value History as Certified (yellow indicates correction on file) 2014 Tax Information httn•/ /www nnnan nra /cnnPral nhn9ctran =1 5990117(lff(11 5017(1 1 /7/9(11 5 ,'I #: 2014354307 BK: 18630 PG: 2367, 12/29/2014 at 03:34 PM, RECORDING 6 PAGES $52.50 D DOC STAMP COLLECTION $0.70 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU10 This instrument was prepared by: Paul J. Bums, Esq. 12525 Walsingham Road Largo, Florida 33774 Retum to: Above. • • Parcel Identification No. _03/29/15/12060/015/0120 I 1 ` 1 1 ', SPECIAL WARRANTY DEED ' • 1 I 1 , 1 1 1 , , , , This WARRANTY DEED, made thisl' of December, 2014 - - _- Between MICHAEL PETERS and JAMES L. HOWSARE, surviving members of TMJ, LLC a dissolved Florida Limited Liability Company, of 730 Roanoke Street,'Dunedin, FI 34698, Grantor, and JAMES L. HOWSARE and BETTY HOWSARE, his with; itnd BERk E'Y C. BADGER, Trustee of the BERKLEY C. BADGER AND ANNETTE BADGER TRUST Ltd%January 1, 1992, as Tenants in Common, whose address is 730 Roanoke Street, Duneditl, Fl, 3;4698 and 324 Westgate Road, Tarpon Springs, Fl 34688, respectively, Grantee, , _ _ ; , \, Witnesseth that said grantors, for and'ip consideralrion of the sum of TEN DOLLARS ($10.00), and other good and valuable consideratiot.to si4'grantor'ici hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted,,bargaiited Ana - sold -fo the said grantee, and grantee's heirs and assigns forever, the following described larpd,Situate, lyineand being in Pinellas County, Florida, to-wit: Lot 12, Block 0, B13.00KLAWN4 according to the Plat thereof recorded in Plat Book 13, Page 59, Public ROcYrds gf Jiriellas County, Florida. Subject to cov,"enatits, don`ditions, easements and restrictions of record, if any. Being the'stkme prem ¢s conveyed to Grantor by Deed of CHARLES ELLIS MCABEE, by deed4ated'A il_22;,2003, recorded in O.R. Book 12808, Page 2446 on June 10, 2003, Public Ree4 ?ds -of' Pinellas County, Florida. Grantor is a dissolved Florida Limited ,LiabilityQirrpany of which Michael Peters and James L. Howsare were the only members. ",It,is`,daknowledged by the parties that MICHAEL PETERS, previously conveyed or att0tnpted to convey all his interest in the premises to the Grantee Trust by deed dated • December 6, 2004. This Deed is to correct and confirm that all right, title and interest in 'the premises shall be held by the Grantees 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 belonging or 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. , PINL]AS COUNTY FL OFF. REC. BK 18630 PG 2368 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 encumbrancestilade 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 otliec: ' , 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 optiians to putthase, to sell on any terms, to convey either with or without consideration, to convey,ssid real a tale or riy part thereof to a successor or successors in trust, and to grant to such successor or r(ccessors in, trust all of the title, estate, powers and authorities vested in said Trustee, to donate, to dedidate to mortgage, pledge or otherwise encumber said real estate or any part thereof, to lease said real estate 'of'any part thereof, from time to time, in possession or reversion, by leases to commence in praesenti or in Tuturo, and upon any terms and for any period or periods of time not exceeding in theca, se of any single demise the term of ninety-nine years, and to renew or extend leases and to amend, chartge'Qr modify lease and the terms and provisions thereof, to contract to make leases and to grant'iiptions to'lesasd,a[nd options to renew leases and options to purchase the whole or any part of the reversion, Odra-contract respecting the manner of fixing the amount of present or future rentals, to partit�ian or eXbl'range gaid real estate or any part thereof for other real or personal property, to grant easements orcharges,pf any kind, to release, convey or assign any right, title or interest in or about said real estate or an,& parte,thereof, and to deal with said real estate in every part thereof in all other ways and f ir; such other, con iderations as it would be lawful for any person owning the same to deal with the sain , whethdr; similar to, or different from the ways above specified, at any time or times hereafter '• ' - - In no case shall any party,dedling vi+ itlt,said1rustee(s) in relation to said premises, or to whom said premises or any part thereof'shall be conv�.yed, contracted to be sold, leased or mortgaged by said trustee(s), be obliged to see the appllt;aion of any purchase money, rent or money borrowed or advanced on said premises, or be objiie'd to gee ttiat the terms of the aforesaid trust have been complied with, or be obliged to inquire into >:fie, necessity dr %expediency of any act of said trustee(s), or be obliged or privileged to inquire jnto,ariyo(the terms of said trust agreement; and every deed, trust deed, mortgage, lease or other instfsrment.ekeauted by said trustee(s) in relation to said real estate shall be conclusive evidence in favor of every person' relying upon or claiming under any such conveyance, lease or other instrument, ja) thatat the tirjre of the delivery thereof the trust created by this indenture and by said trust agreement was 'infult Terce'and effect; (b) that such conveyance or other instrument was executed in accordance withthe trusts, conditions and limitations contained in this indenture and in said trust agreenterit;or ice. sQnip amendment thereof and binding upon all beneficiaries thereunder; (c) that said trustee(s)V%as duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgagi; or other instrument; and (d) if the conveyance is made to a successor or successors in trust, that 'such suctelsoror successors in trust have been properly appointed and are fully vested with all the title, ' estate, rights, powers, authorities, duties and obligations of its, his or their predecessors in trust. - -1`he successor trustee(s) named in or appointed under the aforesaid trust shall have all of the title, powers, and discretion 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 him/her before a Notary Public shall be conclusive evidence upon all persons and for all purposes of the facts stated 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. , PINELLAS COUNTY FL OFF. REC. BK 18630 PG 2369 _1"• '. 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 szi.d reil > estate and such interest is hereby declared to be personal property, and no beneficiary hereurnder,shait' have any title or interest, legal or equitable, in or to said real estate as such, but only an,interest`in t}te earnings, avails and proceeds thereof as aforesaid. - ' ` When used herein, the terms "Grantor ", "Grantors ", "Grantee ", "Grantees/'„ "Trustee;' , ana' "Trustees" shall be construed as singular or plural as the context requires. ; ; IN WITNESS WHEREOF, Grantors have hereunto set Grantors' hands:and seal tit day and year first above written. , Signed, sealed and delivered in our presence: r GRANTCQIZ ($) , (Print `''� j c ``` ��Wt� ' I IA$ RE RS Name ' • �> I , ` 11 • fC �l el E FJ�(tc cs Wttnes ,`";� `.`> STATE OF FLORIDA ' `; COUNTY OF PINELLAS', 1 1 The faregoitigitiltfument was acknowledged before me this q day of December, 2014, by MICHAEL PETERS, a surviving member of TMJ, LLC, a dissolved Florida Limited Liability CotiRpany,' vho is at(horized to execute this Deed and who is personally known to me or who has prodircAl, Pldri,da Drivers License as identification. (Seal) VIEW Notary Public, State of Florida PATII CIAWAl1EIt1JRST • AIYCOAN ION,EE221244 r EXPIRES:JUy31,2016 Banded NuHoryPub GUndaraken PINELLAS COUNTY FL OFF. REC. BK 18630 PG 2370 IN WITNESS WHEREOF, Grantors have hereunto set Grantors' hands and seal the day and -yea%, _`; , PINELLAS COUNTY FL OFF. REC. BK 18630 PG 2371 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, 2,003_imder. ., 1 1 2. The Florida Limited Liability Company was initially esjabb'tlied.as.a_ " manager managed company, however, the initial manager, Howard Ci. tross, rtrsigned 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 Compapy. ,'> Document Number L03000014187. 4. The Company was administratively diAolited.thesS)a'te of Florida on October 1, 2004 for failure to file an Annual Noll. 5. The member - managers collsenLto the'disgolution of the Company and the wrapping up of business. 1 1 6. The member- managers�)�ave appointed James L. Howsare as the member - manager to execute any an4 all'docmnerits necessary to wind up the LLC's affairs, including but not limite,d'10 deeds to real property known and described as Lots 12 and 13, Block 0, BROOKf,AW9, acegiding to the Plat thereof, recorded in Plat Book13, Page 59, of the-Public Wgrds of Pinellas County, Florida. 7. The metlibeit expressly consent to the transfer of the above described parcels bireal dstate tdJames L. Howsare and Betty Howsare, h/w and Berkley C. Badger; Tcristee of the Berkley C. Badger and Annette Badger Trust dated January 1, - • .'. The members acknowledge that neither James T. Howsare nor Michael ",'Peter,have 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 2372 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 - transfer of the above described real properties and will cooperate with the same to assure,-;=:s, ; good and marketable title. • „ IN WITNESS WHEREOF, I have hereunto set my hand and seal to thik' - instrument consisting of this and one previous page, as of this day, December' 1 , 2014.; - x'_ State of Florida ) County of Pinellas } ss. Witness c ael Peters ' arises L. I�owsare „ -, •s> 1 1 , , Subscribed and sworn beforby Michael Peters, personally known to me or proved to me on the basis of satin acior' edidenee, namely FLORIDA DRIVER LICENSE , to be the person whose na%ie is subscribed to this instrument, and acknowledged that he executed,ix' December CA , 2014. %GE July 314016 , TN tta a of,Flprida } Cott ty*Pinellas } ss. • - ;,' Subscribed and sworn 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 0t1un+M04, acknowledged that he executed it on December 2014. .a` �'.. ..• F9 , � 4°% N•••. _ *: : *_ Notary Public for State of Florida , Notary Pu lic for State of Florida Prepared byand return tel: VHoward C. Stross, Esq. V Stross Law Firm, P.A. 1801 Pepper Tree Drive Oldsmar, FL 34677 813 - 852 -6500 File Number: 7776.2041 Grantee's Tax I.D. 03- 236125 JUN-- 10 -2003 9 :03pti P INELLRS CO BK 121308 P 244S KAF-EEN F. DE BLAM CLERK OF COURT PINELLAS COUNTY, FLORIDA (727) 582 -777? 81156498 06-10 -2003 09:03:02 JFB 51 DED -NCAEE 003204 ID :03236125 DK:12808 8P13:2446 EPG:2447 RECORDING 002 PAGES 1'. ', $10.50 DOC STAMP - DR219 ,___3 $546.00 rift Tft ' ` , `,$556 "50 DECK ANLIENDERED: 1556.50 $.00 CLERK Parcel Identification No. 03/29/15/12060/015 /0120 ' 1 1 fSpace Above This Line For Recording Dataj �` ; Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) ` ' ' This Indenture made this 22nd day of April, 2003 between Charles Ellis McAbee, an unmarried man whose post office address is 1716 Kenneth Place, Clearwater, FL 33755 of the Coiiikty of Pis eItas, State of Florida, grantor *, and TMJ, LLC, a Florida limited liability company whose post gffice addresssis 1501 Pepper Tree Drive, Oldsmar, FL 34677 of the County of Pinellas, State of Florida, grantee *, Witnesseth that said grantor, for and in consideration oftlieauni,o€TEN AND NO /I00 DOLLARS (810.00) and other good and valuable considerations to said grantor in hagerpaid by saict antee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee',,and grantee"s,h9ifs and assigns forever, the following described land, situate, Lying and being in Pinellas County, Florida', to -wit: ' Lot 12, Block 0, BROOKLAWN, $cen'edinnia the,Plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas.tyounty, F'lprida. Subject to taxes for 2003 ailld'siibsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. and said grantor does hereby fully ' rant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • hdrantor" and "Grantee" arc used tor singular or plural, as context requires. In Witness WLeredf,,jrrantjr'bas hereunto set grantor's hand and seal the day and year first above written. SignedesealeOnd delrve ed in our presence: Wi ess Name: ►• _• '' ,4114,+_ a, Tr e. Charles Ellis McAbee DoubleTime• State of Florida PINELLAS COUNTY FLA. OFF , REC . BK 12808 PG 2447 County of Pinellas ', ■ The foregoing instrument was acknowledged before me this 22nd day of April, 2003 by Charles Ellis McAbee; the` Lj is - personally known or [X] has produced a driver's license as identifpion. - - • , [Notary Seal] Notary Public Printed Name: atiKISTV My Commission Expires:: ; ; I 1 , , 1 , , , , , , ,0u,,,,,, Chri ,0u,,,,,, fitsy -R. telly s '.1,Commituitoli# 00 860261 Expires Augg 2,2003 ' Bonded fhru '', „4.,, Minds Bonding Co., In' ,' • s / , 1%,/, _ • 1 , 1 ir > • ' 1 / 1, ., , �`1 1 • I 1 l'`s • i i — Warranty Deed (Statutory Form) - Page 2 Double'Pimee