SANITARY SEWER (50)
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80099280
, O,R. 5 0 ~ 0 PAGE 1121
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AGREEMENT
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THIS AGREEMENT, made and entered into this -13 day of
~, 1980, by and between CHARLES J. Le.CHER and IRENE G.
LeCHER, his wife; NOEL L. LeCHER and JoANNE LeCHER, his wife;
and CHARLES F. LeCHER, hereinafter referred to as "Owners", and the
CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City";
WITNESSETH:
WHEREAS, the Owners presently own the following described real
property situated in Pinellas County, Florida, to wit:
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That part of the NE 1/4 of the SE 1 /4 of the SE 1/4 of
Section 19, Township 29 South, Range 16 East described
as follows: Begin at the SE corner of Section 19, Township
29 South, Range 16 East, run thence N OP26'21" E, 671.82
feet; thence N 89-22'02" W, 399.92 feet for P. O. B. ; continue
thence N 89-22'02" W, 261.26 feet; thence N 01-17'33" E,
671. 33 feet; thence S 89-24'27'1 E along the 40 acre line,
412.91 feet; thenceS 01-26'21" W, 190.0 feet; thence S 89-
24127" E, 150.0 feet; thence S 01-26'21" W, along the West
right-of-way line of U. S. Highway 19, 113.61 feet; thence
N 89-57'39" W, 300.00 feet; thence S OP26'21" W, 365.03
feet to P. O. B., LESS the North 40 feet for right-of-way
of Nursery Road.
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and
WHEREAS, the Owners are desirous of and have requested the City to
install a sanitary sewer line and facility to make sanitary sewer service
available to serve their said property and that they be permitted to tap into
said sanitary s ewer line upon installation; and
WHEREAS, the Owners are agreeable to have the City of Clearwater
complete said special improvement and upon completion thereof to have the
City immediately file a lien against their said property in the amount of their
pro-rata share of the cost of the installation of said sanitary sewer line and
facility; and
WHEREAS, the City is willing to install said sanitary sewer line and
facility to serve said property under certain conditions;
NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties hereto covenant and
agree as follows:
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OJ. 5 040 PAGE 1122
1. The Owners agree that the City may immediately commence and
complete the installation of a sanitary sewer line and facility to serve the
real property owned by them, legally described as follows:
That part of the NE 1/4 of the SE 1/4 of the SE 1/4 of
Section 19, Township 29 South, Range 16 East described
as follows: Begin at the SE corner of Section 19, Township
29 South, Range 16 East, run thence N 01026'21" E, 671.82
feet; thence N 89022'02" W, 399.92 feet for P. O. B.; continue
thence N 89022'02" W, 261.26 feet; thence N 01017'33" E,
671. 33 feet; thence S 89024'27" E along the 40 acre line,
412.91 feet; thence SOl 026' 21" W, 190.0 feet; thence S 89.
24127" E, 150.0 feet; thence S 01026'21" W, along the West
right-of-way line of U.S. Highway 19, 113.61 feet; thence
N 89057'39" W, 300.00 feet; thence S 01026'21" W, 365.03
feet to P. O. B., LESS the North 40 feet for right-of-way
of Nursery Road~
and that upon completion of said work that the City may immediately file a
lien against the said real property in the amount of $6604.96 which is the
Owners' pro-rata share for the installation of said sanitary sewer line and
facility. Said lien shall provide that it may be paid in ten equal annual payments
in the office of the City Clerk with interest at the rate of 8% per annum from
the date of the lien until paid and in case of default in the payment of said
minimum annual payments, together with the interest thereon, that the City
may take immediate steps to enforce said lien by foreclosure or other
proceedings. Said lien shall also provide that if the City is required to enforce
the collection thereof by foreclosure or other legal proceedings, that the
Owners shall be responsible for the payment of legal fees and all costs of
said proceedings.
2. The Owners by this Agreement hereby specifically grant unto the
City of Clearwater a lien in the amount of $6604.96 which is the Owners'
pro-rata share for the installation of said sanitary sewer line and facility
against the above described real property owned by them and waive all
requirements and entitlement to the conduct of and notice of any public hearing
or hearings by the City of Clearwater for a special improvement assessment
against their said property for the installation of said sanitary line and
facility. The Owners further agree upon the request of the City to execute
all additional instruments, if any, which may be required to formally grant
unto the City a lien against their described real property.
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O,R. 5040 PAGE 1123
3. The City agrees to permit the Owners upon the completion of said
installation to connect to said sanitary sewer line under the same conditions
as other owners are permitted to do so.
4. This Agreement shall be binding upon the heirs, administrators,
personal representatives, successors and assigns of the parties hereto and
a copy thereof may be immediately filed in the Public Records of Pinellas
County, Florida, by the City so as to serve as notice thereof to all other
persons.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the date first above written.
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Charles"!. LeCher
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Irene G. LeChe~
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Noel L. LeCher
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o,n. do ~ 0 PAGE 112 ~
STA TE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Charles J. LeCher and Irene G.
LeCher, his wife; Noel L. LeCher and JoAnne LeCher, his wife; and
Charles F. LeCher, to me known to be the persons described in and who
executed the foregoing Agreement and acknowledged before me that they
executed the same.
WITNESS my hand and official seal in the
aforesaid this 3 day of ' ~~<Yl~ ' ,
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Nota y Public
County and State last" .
1980. _' ,''',;"
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My Commission Expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS )
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I HEREBY CERTIFY that on this day of /t
1980, before me personally appeared Anthony L. Shoemak , Thomas A.
Bustin, Lucille Williams, and Charles F. LeCher, respectively City Manager,
City Attorney, City Clerk and Mayor- Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and
officers described in and who executed the foregoing Agreement and severally
acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly authorized; and that the official seal of saidmunicipal
corporation is duly affixed thereto, and the said Agreement is the act and
deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above written..
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My ~om.mis sion Expires:
Notary Pu!:k Stah d r-:oda d l~rg;
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