Loading...
5429-930 fo? ORDINANCE NO. 5429-93 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A FIFTEEN-FOOT UTILITY EASEMENT LYING WITHIN LOT 14, BLOCK "G", SALLS' LAKE PARK SECOND ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been requested by Beneficial Savings Bank, owner of certain real property located in the City of Clearwater, that the City vacate a portion of a utility easement described herein; and WHEREAS, the City Commission finds that the portion of the easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section I. The following: The Southerly 1.5 feet of the Northerly 15 feet of the Westerly 32 feet of the Easterly 47.0 feet of Lot 14, Block "G", Salis' Lake Park Second Addition, as recorded in Plat Book 69, Page 91, of the public records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING July 15, 1993 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and correctness: /I % I-) M. A. Galbraith; Jr City Attorney Mayor-Commissioner Attest: Cyn i a E. Gou eau Cit Clerk spa 9-93 0% • .1 1. N scat E+ N.T.S. 47.0' 15' U111. Easm 1. 320' 1 r? r, Requested vucalion I by App/icanl I i Sol Is Lake Park ? r P. B. 69 -- 97 E N O W 2 nd Addition n I !4 i CATHERINE Note: This is not a SURVEY f• s QR. It Beneficial Savings" Vac No.. 93- 05 Sect ion 5- 29 - 16 Drown byt D.D.M. Dole 6/9/93 II nP!(f r1 hr.) I F,1r • A,':; , . 160o 70 ??f. l? ._ . _C cL o M 7 f; 0 t' C r. r- r( INST # 93-240698 AUG 20, 1993 5:09PM ORDINANCE NO. 5429-93 • PINELLAS COUNTY FLA. OFF.REC.l3K 8377 PG 332 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A FIFTEEN-FOOT UTILITY EASEMENT LYING WITHIN LOT 14, BLOCK "G", SALLS' LAKE PARK SECOND ADDITION; PROVIDING AN EFFECTIVE DATE. `?- WHEREAS, it has been requested by Beneficial Savings Bank, owner of certain T 7TV -01" -real property located in the City of Clearwater, that the City vacate a portion ' of a utility easement described herein; and D/y WHEREAS, the City Commission finds that the portion of the easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The Southerly 1.5 feet of the Northerly 15 feet of the Westerly 32 feet of the Easterly 41.0 feet of Lot 14, Block "G", Sails' Lake Park Second Addition, as recorded in Plat Book 69, Page 91, of the public records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING July 15, 1993 S } x a W U eJ W 9" i x? a`?a w Q H wy z wa 0 0 PASSED ON. SECOND AND FINAL READING AND ADOPTED This itr•tri a.:?f ?,„ l r: ;.:;rea; hy: :??': :1t1t•riti?f• O'ytor 0!%t:;.,..;e:..1'. r.. rr: !° C.It':.. . :1• '*? ? L ...:fit' i f•?il Approved as to form and and correctness: /I M. A. Galbraith City Attorney Lre i x RETUPM TO: CITY CLERK P0ST 071"T F'OX 47,18 CLCARV,!ATER, FL 34618-4W ti 4 .7 ugust 4, 1993 Hita uarvey Mayor-Commissioner Attest: ii?.,E. Goudeau C i.1: CI erk . I hrn,lry cprtilyy?tluit tUs Is a Into ns.1 crnrrt•ct coj's,ul?tl;rs uri}•,istal its it uppe?.0, uitls't files of itic City o (.k ur?v?trs. tit'" ioy li'ati l and -ofticial ,A of tltr Gity ul (ar.uti?' ue i. This L. 0-t%ly, r ?a L? 1 U91 L , ?N.s?t • cite , tai I` . INST # 93-240699 AUG 20, 1993 5:09PM AGREEMENT PINELLAS COUNTY FLA. {Sower Only1 OFF.REC,BK 8377 PG 334 -oy THIS AGREEMENT, made and entered into this/day o , 19 by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referr to as "City", and Robert B. Lemon and Linda Lemon 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: ,1 r3t_C01?Gi1'1G Lot 9, Block 6, Virginia Grove Terrace Third Addition, according `,/ 0 00•7 o to the map or plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida and I' 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; (151 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; (c1 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 1 16.40 thr-,ugh 116.5 1, Code of Ordinances, In particular, the owner shall either; 111 pay the required recreation facilities fee if this is the only fee require at the time this Agreement is submitted for processing, or f 12) place in escrow a deed transferring title to land or a promissory note made payable to the City N 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 Agrewnent will constitute an application to annex at that time, and the City will have the right, upon sixty IGOi days written RETMI t he property owner, to initiate action to annex the property to the City; CITY CLERK KARLEEN F. DEBLAKER, CLE RK POST OFFICE BOX 4748 RECORD VERIFIED BY: 6 G- GLEEARWWATER, FL 34618-4748. 1 let , 0 it is to the mutual benefit of the Owner and the City, in recogplt , i 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 a 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 he 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 assign's 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, 34618-4648 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; OWNER: G'L tGc? i3y O 1* M Mz' n? ?r Cn 00 wn. V 0 1 ? H ty C?a t,.e . tri STATE OF FLORIDA } 61-6 PP 7?ZI jf OR COUNTY OF PINELLAS 1 D1 L?b_-7(,7- -?? ?iQt. a -\- -?Q3 BEFORE ME personally appeared ?7r?c-T [a• t-em , and U 0 DA c. • LawoN to me known to be the individual(s) described in and who executed the foregoing instrument and severally f (?aosb 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}. el NESS my hand and official seal this day of 19 t f :f Notary.Public ' Nota. V c ame (print/type) R0Bff1TA L. GLUSK1 NOTARY runr.Ie, STAT¢ OF FLORMA, . My Commission Expires Cwfxfi%. My F U.mr:c?ti?ri?I; i'195. N>Z ICrRU-NOTAlY I'11L1lC L11I Iti'1lilEr't? .. " h 1 M'.' i+ut?trs?+,Klxi4s?"r??f.?'?`f?"?','33?!911?1Y1x4±d!Sikh+wnrrrr'.'rn?:r...?....-•--- .?,i. . CITY OF CLEARWATER, FLORIDA PINELLAS COUNTY FLA. t. OFF-REC y. .. i, . BK 8377 PG. 335 r Michael Wright City Manager ' `?,•?•••" M lv } Cyn a E. Goudeau V p City Jerk J!' STATE OF FLORIDA I COUNTY OF PINELLAS I BEFORE ME personally appeared Michael J. Wright, the 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 day of 19 otary Public DENISE A. WILSON W COMMISSiDN x CC 201408 EXPIRES Notary Name {print/typel June 18, 1996 - - - - - vq;,,?. ' 801iDE4'iriR1i 7AOV FAiN lFrStIR?HGE, INC. My Commission Expires; Approved as to form and correctness: ?r S.A M. A. Galbraith, ?, City tto ney i I . ••r 3 ?r