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MUNICIPAL SERVICES - LAND TRUST SERVICES CORPORATION TRUSTEE FOR TRUST NO 2024-2026PA, KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2016351040 11/17/2016 at 03:20 PM OFF REC BK: 19416 PG: 1817 -1819 DocType:AGM RECORDING: $27.00 A.T.A. 16 -11 -647 AGREEMENT (Municipal Services) THIS AGREEMENT, made and entered into this 4 day of 'JV1/pryl20 i{lby and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City," and Land Trust Service Corporation trustee for Trust No. 2024- 2026PA dated September 3, 2016 hereinafter referred to as "Owner"; WITNESSETH: WHEREAS, the Owner owns the following described real property, located outside the municipal boundaries of the City of Clearwater: and Parcel ID #: Legal Description: 03- 29 -15- 12060 - 011 -0090 The South % of Lot 8 and all of Lot 9, Block "K ", 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: 2024 & 2026 Poinsetta Avenue Clearwater, Florida 33755; WHEREAS, the Owner desires to receive the following available City services, and the Owner is agreeable to signing an Agreement with the City for any of the following municipal services: •WASTEWATER /SEWER •SOLID WASTE /RECYCLING and /or •RECLAIMED WATER; and WHEREAS, the City is agreeable to furnishing these services upon certain conditions and considerations; NOW THEREFORE, the parties hereto hereby covenant and agree as follows: 1. The City agrees to provide any such chosen municipal services, subject to the terms of this Agreement, and to permit the Owner to connect to its wastewater /sewer, and /or reclaimed water main(s) at the Owner's expense, when applicable. 2. The Owner agrees: a) to pay the appropriate annexation fee when this Agreement is submitted for processing; b) to pay normal wastewater /sewer and /or reclaimed water connection charges and all associated monthly service charges to the City on the same basis as service users outside the municipal boundaries are charged, for all relevant services received by Owner, 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; [A04 -01420 /177611/4] Poinsetta Ave 2024 -2026 (Trust No. 2024- 2026PA) Page 1 of 3 Form Revised: 11/25/2015 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 plans, including preliminary landscape and tree preservation plans, reviewed and accepted by the City prior to the execution of this Agreement if development or redevelopment is contemplated on the site receiving these municipal services. The land receiving services under this agreement must be developed or redeveloped in accordance with all City requirements. In order to ensure continued consistency with City requirements while developing in Pinellas County, the development and /or continued development of the site shall be submitted to the City for review and acceptance. If this land is not developed or redeveloped to meet all City requirements and standards, then provision of all service(s) must cease or, if temporarily connected, must be disconnected; 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; 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 cessation of service caused by Act of God, necessary maintenance work, any unavoidable cause beyond the control of the City, or due to City's termination of services for Owner's failure to develop or redevelop in accordance with all City requirements. 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 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. g) WITNESSES AS TO OWNER: Witness Si (Pr! name) STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me Mkiet iJARAA AS PPES/DF,vr- for has produced OWNER(S): Land Trust Service Corporation, T Trust No�Zy -202 / 9/3 h(a this ( 144lay of cc &c , 20 /(o, by Wit; of Land Trust Service Corporation,j usTZ Trust No. 2024- 2026PA dated September September 3.2016, who 17131s personally known to me, or who ❑ as identification. x co u 7d , e O L "".00000.0 Notary Public: (signature) Notary Name: (typed, printed or stamped) [A04 -01420 /177611/4] Poinsetta Ave 2024 -2026 (Trust No. 2024- 2026PA) Page 2 of 3 `�1pRY PVC, STACI COFFMAN Notary Public - State of Florida My Comm. Expires Jun 27, 2018 Commission # FF 111503 Form Revised: 11/25/2015 • CITY OF CLEARWATER, FLORIDA By: alti441, IJ William B. Horne II City Manager Attest:)14U1t4. tl-, c2 Rosemarie Call City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this t.Ad9y of No er oz.r- , 201 6 by William B. Horne II, City Manager of the above -named City, who a6personally known to me, or who ❑ has produced as identification. Notary Public: (signature) Notary Name: a��,r-G -- > �,%P (typed, printed or stamped) Approved to fo Camilo Assistant City Attorney [A04 -01420 /177611/4] Poinsetta Ave 2024 -2026 (Trust No. 2024- 2026PA) SANDRA HARRIGER MY COMMISSION # FF930375 c EXPIRES: January 04, 2020 Page 3 of 3 Form Revised: 11/25/2015 Property Appraiser General Information Page 1 of 4 Interactive Map of this parcel Sales Query Back to Query Results New Search Tax Collector Hoine Page Contact Us WM Portability Calculator 03- 29- 15- 12060- 011 -0090 Compact Property Record Card Updated October 22,2016 Email Print Radius Search Ownership/Mailing Address Change Site Address Mailin . Address TRUST NO 2024- 2026PA LAND TRUST SERVICE CORP THE PO BOX 186 LAKE WALES FL 33859 -0186 2026 POINSETTA AVE (Unincorporated) Property Use: 0820 (Duplex- Triplex - Fourplex) [click here to hide] Legal Description BROOKLAWN BLK K, S 1/2 OF LOT 8 AND ALL OF LOT 9 FEMA /WLM Living Units: 2 Mortgage Letter 5 File for Homestead Exemption Exemption 2016 2017 Homestead: No No Government: No No Institutional: No No Historic: No No 2017 Parcel Use 'Homestead Use Percentage: 0.00% Non- Homestead Use Percentage: 100.00% Classified Agricultural: No Parcel Information Latest 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) 19339/0865 ® $87,800 Sales 121030263001 E 013/059 Query Year 2016 Just/Market Value $63,344 2016 Interim Value Information Assessed Value / County SOH Cap Taxable Value $63,344 $63,344 School Taxable Value $63,344 Municipal Taxable Value $63,344 [click here to show] Value History as Certified (yellow indicates correction on file) 2015 Tax Information Ranked Sales (What are Ranked Sales?) See all transactions http: / /www.pcpao.org /general.php ?strap = 152903120600110090 10/24/2016 I #: 2016280941 BK: 19339 PG: 865, 09/13/2016 at 12:51 PM, RECORDING 1 PAGES $10.00 D DOC STAMP COLLECTION $945.00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU10 This Instrument Prepared by and Return to: Brown & Associates Law & Title, P.A. 1 1373 Countryway Boulevard Tampa, Florida 33626 Property Appraisers Parcel Identification (Folio) Number(s): R22055 Florida Documentary Stamps in the amount of S945.00 have been paid hereon. SPACE ABOVE THIS LINE FOR RECORDING DATA THIS SPECIAL WARRANTY DEED, made and executed the 9th day of September, 2016 by - 3JJJ's LLC, a Florida limited liability company, having its principal place of business at 3020 Leprechaun Lane, Palm ,, - Harbor, FL 34683, herein called the grantor, to Trust No. 2024- 2026PA dated September 3, 2016, Land Trust Service ' ' , `, Corporation as Trustee, with full power and authority to protect, conserve, sell, lease, encumber or otherwise manage and dispose of said property pursuant to Florida Statutes §689.071 and 689.073, Grantee, whose post office • address is: P.O. Box 186, Lake Wales, FL 33859, hereinafter called the Grantee: - - , (Wherever used herein the terms grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of - _ - individuals, and the successors and assigns of Limited Liability Company) ' ' - ■ W I T N E S S E T H: That the grantor, for and in consideration of the sum of One Hundred Thirty-Five ; ; Thousand and 00 /100 (8135,000.00) Dollars and other valuable considerations, receipt whereof is hereby ackno *leaged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in . PINELLAS County, State of Florida, viz: The South 1/2 of Lot 8 and all of Lot 9, Block K, of BROOKLAWN, accbrIing to the,plat thereof, as recorded in Plat Book 13, Page(s) 59, of the Public Records of Pinellas Couity, Florida. Subject to easements, restrictions and reservations of record and to taxes,for the year 214.6,anii thereafter. The interest of the beneficiaries under said trust is personal property: Per sons'dealing wlIh the Trustee are not obligated to look to the application of purchase monies. The interest of the benefiFiarleb'ts solely in the rights, proceeds and avails of trust property, not in the title, legal, or eiiqtable, of said`reat estate. The liability of the Trustee under this deed and the trust agreement is limited to the assets of the trust and the Trustee hereunder has no personal liability whatsoever. ' • TOGETHER, with all the tenements, hereditaments-agd appurtenances,thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple fooevey ,' ' > AND, the grantor hereby covenants with sajd grantee 'than except as above noted, at the time of delivery of this Special Warranty Deed the premises were free gf a H'encumbrances'made by them, and they will warrant and defend the same against the lawful claims of all persons Maiming by, jhtough or under grantor. IN WITNESS WHEREOF, the said granthrhag signed and sealed these presents the day and year first above written. Signed, sealed and delivered ip the presegce pf:' „ Witness #1 Signature` ' Witness #1 P.fuit elSigpature ook \l'ithess #2 Printed Name , 3JJJs LLC, a Florida limited liability company Johnson, Managing Member State of Florida County of Hillsborough The foregoing instrument was acknowledged before me this 9th day of September, 2016, by Stephanie T. Johnson, Managing Member of 3JIJ's LLC on behalf of the Limited Liability Company. He /she is personally known to me or has produced a D.L. as identification. SEAL My Commission Expires: Our File No.: 160166 r FA' KATHEBAF RD .? MY fAili0SSI0Nf FF 127459 ` r EXPIRES: May 28, 2018 '`ale {sin, Bonded Urn ua.rwercundemme, Notary Signature Printed Notary Signature L17 LAND TRUST AGREEMENT THIS TRUST AGREEMENT known as Trust No. 2024-2026PA dated September 3. 2016 by and between Land Trust Service ('orporation as Trustee, and the following beneficiaries in the percentages set opposite their names: Eberhard Basler and Vera M. Basler. husband and wife in an estate by the entireties, 100% of the entire beneficial interest hereunder. with full power to assign and deal with all of the rights and interests of the beneficial interest. In the event of the death of the said beneficiary during the existence of this trust. provided that said interest shall not have been previously assigned or otherwise disposed. then the interest herein shall vest in and be owned by Adrian A. Basler and Eric A. Basler in equal shares. I . TRUST. The Trustee is about to take title to real estate under the provisions of Honda SUMACS sections 689.071 and 689.073. with full power and authority. to protect. conserve, sell. tease, encumber or otherwise manage and dispose of said property, and agrees to hold title and the proceeds, profits. and avails thereof. if any. which may come into its possession, in Trust for the uses and purposes and under the terms herein set forth. 2. PROPERTY. The Trustee will take title to the following property: The South 1/2 of Lot 8 and all of Lot 9, Block K. BROOKLAWN SUBDIVISION. according to the Map orPlat thereof. as recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida. Property Appraiser's Parcel Identification Number 03-29-15-12060-011-0090 AIK/A: 2024 and 2026 Poi nsetta Ave.. Clearwater, FL 33755 3. BENEFICIARIES INTERF.ST. The interests of the beneficiaries hereunder and of any person who becomes entitled to any interest under this Trust shall consist solely of a power of direction to deal with the tide to said property and to manage and control said property as hereinafter provided and the right to receive the proceeds from rentals, mortgages. sales or other dispositions shall be deemed to be personal property and may be treated, assigned and transferred as such No beneficiary now has or shall hereafter at any time have, any right, title or interest in or to any portion of said real estate as such either legal or equitable but only an interest in the earnings, avails and proceeds as aforesaid; it being the intention of this instrument to vest the full legal and equitable title to said premises in the Trustee under Florida statutes sections 689.071 and 689.073. The beneficiaries shall have the power to sign offers to purchase property listing agreements to offer the trust property for sale and to sign real estate sales contracts to sell the property out of the trust. The landlord and signer on leases of the real property owned by the trust may be the beneficiary, or the beneficiary's property manager, or the trustee. 4. DEATH__OF FIMERVIARY. Except as herein otherwise specifically provided. the right and interest of any beneficiary hereunder who is a natural person shall pass at death to his Personal Representative and not to his heirs at law The death of any beneficiary hereunder shall not terminate the Trust or in any manner affect the powers of the Trustee henninder. 5. OWNERSHIP, Upon request each beneficiary hereunder shall be issued a Trust Participation Certificate in a form approved by the Twice. which shall indicate the beneficiary's percentage interest in the Trust and the land held by the Trustee. 6. ASSIGNMENT. If Trust Participation Certificates have been issued. no assignment of any beneficial interest hereunder shall be binding on the Trustee until the Trust Participation Certificate representing the assigned share is surrendered to the Trustee with the assignment noted thereon and a new Certificate or Certificates are issued by the Trustee. If no Trust Participation Certificates have been issued. assignment shall be by an assignment form approved by the Trustee and shall not be binding until signed by the Trustee. 7. LOST CERTIFICATES. In the event a beneficiary's Trust Participation Certificate is lost. stolen or destroyed, the Trustee shall cancel it on the records of the Trust and issue a new Certificate after receiving an Affidavit as to the circumstances of the loss attested to by the beneficiary. 8. PURCHASERS. It shall not he the duty of the purchaser of the trust property or any part thereof to sec to the applianion of the purchase money paid therefor; nor shall anyone who may deal with the Trustee be privileged or required to inquire into the necessity or expediency of any act of the Trustee. or as to the provisions of this instrument. While the Trustee is sole owner of the real estate held 13> it hereunder so far as the public is conc erned and has full power to dcal with it, it is undersaxId and agreed by the persons in interest hereunder. and by any LT, DIRECT ON TO TRUSTEE The undersigned, being all of the beneficiaries of Trust No. 2024- 2026PA dated September 3, 2016, hereby authorize and direct Land Trust Service Corporation. Trustee to: Sign any and all papers provided by closing agent for purchase of 2024 and 2026 Poinsetta Ave., Clearwater, EL 33755. We hereby certify that we have examined or will examine the above documents and agree that they are satisfactory. It is understood that the trustee executes these documents not personally, but only as trustee aforesaid, in the exercise of the power and authority conferred upon and vested in the Trustee as such and pursuant to this direction. The undersigned agree to indemnify and save harmless said trustee as to any claim or litigation arising from compliance with this direction. September , 2016 Vera M. ler Land Trust Service Corporation Post Office Box 186. Lake Wales, FL 33859 Phone: 863. 678 -0011 Fax: 863- 678 -0155