SANITARY SEWER INSTALL AND MAP
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A G R E E MEN T
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THIS AGREEMENT, made and entered into
this /~ day of ~.h- , 19 q{; ,
by and between David L. Shumate and CindY Shumate, his wife of 1843
Marilvn Drive, Clearwater, Florida 34619, hereinafter referred to as
"Owner," and the CITY OF CLEARWATER, FLORIDA, a municipal Corporation,
hereinafter referred to as "City;"
WIT N E SSE T H :
WHEREAS, the Owner presently owns the real property described
herein, and has requested that the City install a sanitary sewer line
and facility to make sanitary sewer service available to serve the
property and that the Owner be permitted to tap into the sanitary sewer
line upon installation; and
WHEREAS, the Owner is agreeable to have the City of Clearwater
complete said special improvement and upon completion thereof to have
the City immediately file a lien against the property in the amount of
their pro rata share of the cost of installation of the sanitary sewer
line and facility; and
WHEREAS, the City is willing to install the sanitary sewer line
and facility to serve the property under certain conditions;
NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties hereto agree as
follows:
1. The Owner agrees 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:
Lot ~, Block "H", Carlton Terrace
First Addition, according to the map or plat
thereof as recorded in Plat Book 43, page
~, Public Records of Pinellas County,
Florida.
Known as: 1843 Marilyn Drive
Clearwater, Florida 34619
and that upon completion of said work that the City may immediately
file a lien against the real property in the amount of $1,241.27
which is the Owner's pro rata share of the installation of the 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 proceedings,
that the Owner shall be responsible for the paYment of legal fees and
all costs of said proceedings.
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2. The Owner bJthis Agreement specificallj grants unto the City
,J~ of Clearwater a lien in the amount set forth in Paragraph 1 above,
which is the Owner's pro rata share for the installation of the
sanitary sewer line and facility against the above described real
property and waives all requirements for and entitlement to the conduct
of and notice of any public hearing by the City of Clearwater for a
special improvement assessment against their property for the
installation of said sanitary sewer line and facility. The Owner
further agrees 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.
3. The City agrees to permit the Owner upon the completion of
said installation to connect to the sanitary sewer line under the same
conditions as other owners are permitted to do so.
4. This agreement shall be binding upon the heirs, administra-
tors, personal representatives, successors and assigns of the parties
hereto and a copy thereof may be immediately recorded 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 exec ed on the date first above written.
(;0, 0 ~,;J L <~~o ~
~Vid L. Shumate
1843 Marilyn Drive
Clearwater, Florida 34619
WITN ss
klJ a:v~ti
Witness Printed S19 ure
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~~ss /~
~1T CvNN,,,,r;HflM
witness Printed Signature
(\ . f"\~'1 _~.Jl
~ umate
1843 M lyn Drive
Clearwater, Florida 34619
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~~ day
of Jfl.n'u , 19~ by David L. Shumate and cindy Shumate, HIS WIFE,
who is personally known to me or who has produced
as identification and who ( ) did (/) did not take an oath.
acknowledgment
GAL L FA-ScI-J-fJr/J
Type/print/stamp name of acknowledger
or rank, and Serial No., if any
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CITY OF lLEARWATER, FLORIDA
By:
Ri a Garvey
Mayor-Commission
El1Z
City
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Approved as to form
and legal sufficiency:
~c:<- _
Jo .Carassas
Assistant City Attorney
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Page 3 of Agreement between the CITY OF CLEARWATER, FLORIDA, and
David L. Shumate and CindY Shumate, BIS WIFE bearing the date of
, 1996 regarding sanitary sewer for Lot ~,
Block "B", Carlton Terrace First Addition (subdivision).
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvey, the
Mayor-Commissioner of the City of Clearwater, Florida, to me well known
to be the person who executed the foregoing instrument and acknowledged
the execution thereof to be her free act and deed for the use and
purposes herein set forth.
9' WITNESS my hand and official seal this (, 'fl-. day of ~~
19 ~ .
(1.. 0 ct, ~JA~jCI
Nota~
~'{ Po. CJl.r,CLVN L1-?RINK
Print/Type Name: ~ ~ cc.;'.:,;i:.;i,)tH CC 463040
~'C ~ BONDED THRU
My Commission Expire~oH\.~ ATLAN"f1C 8ONOINGCO., INC,
(include Commission No.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, the City Manager of the City of Clearwater, Florida, to me
well known to be the person who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the
use and purposes herein set forth.
~
a/WITNESS my hand and official seal this ~ day of ~.1-
19 '''' .
('~., C.. ~.~
Notar~
'.. ", . ." I BRINK
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Print/type name: ;; <t', C.(~.,,',.:.,:~ICCM)3040
My Commission EXPire\1F 't\.'$'!J AT::',i~~~g~~~()..INC.
(include Commission No.
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TO ANNEX
PROPERTY DESCRIPTION
LOT1. BLOCK "H". CARLTON TERRACE
FIRST ADDITION (P.B.43-PG.39)
Parcel No. 05-29-16-13554-008-0010
ATA 96-01-378
OWNER DAVID L. & CINDY SHUMATE
APPLICANT
ADDRESS 1843 MARILYN DRIVE
CLEARWATER, FLORIDA 34619
Section 05 Township 29S Range 16E
/I.
Atlas Page 264A
Site Location ~#01