SOLID WASTE - BYRON M AND LAURA V DYSON
KARLE EN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200445013011/17/2004 at 09:38 AM
OFF REC BK: 13949 PG: 1343-1347
DocType:AGM RECORDING: $44.QO
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AGREEMENT
(Solid Waste)
THIS AGREEMENT, made and entered into this , Sl- day of ~,
20Qf.... by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to
as "tity," and Byron M. and Laura V. Dyson, 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....& Oak Acres Unit No.2, according to the map or plat thereof as recorded in Plat
Book 28" Page 41, Public Records of Pine lIas County, Florida.
Also known as:
1740 Magnolia Drive
Clearwater, FL 33756-4612
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
.s-
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.
WITNESS AS TO OWNER:
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OWN. ER ~
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Laura V. Dyson
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STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared Byron M. Dyson and Laura V. Dyson. 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).
SS my hand and official seal this ~lJo day of
Notary Public
Notary Name (print/type)
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By:
CITY OF CLEARWATER, FLORIDA
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William B. Home II
Interim City Manager
Attest:
Cynthia E. Goude~tt ~.\
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City Clerk ., ,;.)..:.,
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STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared William B. Home II, the I l . 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.
WITNESS my hand and official seal this c1 (p
day of au)) ,20!iL.
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!~ <; Commission # 00296233
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S/Form - Annexation Agreement 1410.0029
revised 04/25/97
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F'INELLAS COUNTY, FLORIDA (727) 464-jOOB
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lC198157 09-05-2003 14:29:43
51 DED.-DYSON
020156
Ht:03378156 BK:1.3045 SPG:1l4'7 EPG:114B
RECORDING 002 PAGES 1 $10,50
DOC STAMP - DR219 3 $1,386,00
,iAb
J Prepared bv ~ Return to:
Gary N. Strohauer, Esquire
BAXTER, STROHAUER, MANNION &
SILBERMANN, P.A.
1150 Cleveland Street, Suite 300
Clearwater, Florida 33755
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~ CHANGE:
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~ 03-378158 SPT- 5-2003 2:31014PM7
PINELLRS CO 8K 13045 PG
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PARCEL J.D. NO: 14/29/15/61956/000/0080
WARRANTY DEED
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THIS INDENTURE made this day of Jr!f1renv6~ 2003, between E. AILEEN
MOWAT, a single person, party 0 the first part, whose address is 1740 Magnolia Drive, Clearwater, Florida
33756, and BYRON M. DYSON and LAURA V. DYSON, Husband and Wife, parties of the second part,
whose address is 1428 Lime Street, Clearwater, Florida 33756.
WIT N E SSE T H:
THAT the said parties of the first part, for and in consideration of the sum ofTen Dollars ($10.00), to
them in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, have
granted, bargained and sold to the said parties of the second part forever, the follpwing described land, situate,
lying and being in the County of Pinellas, State of Florida, to-wit:
Lot 8, UNIT 2 OF OAK ACRES SUBDIVISION, according to the plat thereof as recorded in
Plat Book 28, page 41, Public Records of Pinellas County, Florida.
SUBJECT to easements, covenants and restrictions of record.
SUBJECT to taxes for 2003 and subsequent years.
AND the said party of the first part hereby fully warrants the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have caused these presents to be signed the
-day and year first above written.
Signed, Sealed and Delivered
In the Presence Of:
Sign: ~tr~1f' ~
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Print: hP.t?A-# /1. ~PL/"'---'r
Sign ~addt (:zL:
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[, Cl~l,u)'Vl -YT) t5>.-(JJ o..~
E. AILEEN MOWAT
it
PINELLRS COUNTY rLR.
Orr,REC.8K 13045 PG 1148
STATE OF FLORIDA
COUNTY OF PINELLAS /-1f1t <~.
The foregoing instrument was acknowledged before me this ~ day of ~ ~1V1 , 2003
by E. AILEEN MOWAT, a single person, who is personally known to me 0 who has produced
j:::'L D.e.JlJPf~ !-IC&Jl/SL as identification.
.
?J Nancy A KarpowicZ-Kelly
rOo. . . My Commission 00045267
~ Of,.'i Expires July 26. 2005