SEWER AND OR WATER - RAYMOND M. NELSON AND RAYMOND F. SMIECH79001937
O.R. 4797 PAGE 1968
AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of
January, A. D., 1979, by and between the CITY
OF CLEARWATER, FLORIDA, a mUnicipal corporation, hereinafter
referred to as "City", and
RAYMONDM. NELSON andR:AYMOND F~' SMIECH,
hereinafter referred t~ as 1l0wnerll;
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the City of Clearwater
but within the City of Clearwater service area:
The South 1/2 of the NW 1/4 of the NE 1/4 of Section 1, Township 29,
Range 15 East, Pinellas County, Florida, LESS roads rights-of-way, and
LESS and EXCEPT the following described portion thereof: Commence at
the NW corner of the NW 1/4 of the NE 1/4 of said Section 1 and run S
0-17'55" E, along the centerline of Hercules Avenue (100. o' R/W), a
distance of 662. 60 feet to a point; thence run S 89- 48'11" E, a distance of
50. 0 feet to the Point of Beginning, said point also being on the East
right-of-way line of said Hercules Avenue; thence continue along the
previous course, a distance of 345.49 feet to a point; thence run S 00
17'55" E,a distance of 378.26 feet to a point; thence run N 89-48'11" w., a
distance of 345.49 feet to a point intersecting the aforementioned right-of-
way line; thence run N 0-17'55" W, along said line, a distance of 378.26
feet to the Point of Beginning.
and
WHEREAS, the Owner desires to connect to the City sewer and/or
water main and is agreeable to signing an Agreement with the City for
municipal sewer and/or water services; and
WHEREAS, the City is agreeable to furnishing said services upon
certain conditions and conSIderations;
NOW, THEREFORE, the parties hereto hereby covenant and agree
as follows:
1. The City does hereby agree to provide sewer and/or water
services, subject to the terms of this Agreement, and to permit the Owner
to connect to its sanitary sewer and/or water main at the Owner's expense.
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a.R. ~ 7 9 7 PAGE 19 6 9
The City shall not be liable for any damage resulting from any unavoidable
cessation of service
caused by Act of God, neces sary maintenance work,
or any cause beyond the control of the City.
2. In consideration of the covenants contained in Paragraph 1, im-
mediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer and/or water connection charges and
monthly sewer service and/or water charges to the City on the same basis
as sewer service and/or water users outside the municipal boundaries are
charged, as set out in the Code of Ordinances of the City of Clearwater,
Florida, 1962;
(b) 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 ri ght, upon sixty (60) days I
written notice to the property owner, to initiate action to annex the property
to the City, Applicable fees for annexation request shall be due and pay-
able upon receipt of this Agreement for processing.
(c) The Owner agrees that it is to the mutual benefit of the Owner
and the City, in recognition of the eventual incorporation of the property with-
in 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 oft~s Agreement by the City.
(d) All property proposed to be subdivided or otherwise differenti..
ated from the original parcel described in this Agreement shall be treated as
a single parcel for the purposes of the subsequent annexation procedure,
individual owne r ship notwithstanding.
(e) The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its successors and assigns, and the City
shall record this document.
(f) The Owner agrees that the terms and provisions of this
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
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which shall run with the land and shall bind and be enforceable against
O.R. ~ 7 9 7 PAGE 19 7 0
all subsequent owners of said descri~ed real property whether or not it
is mentioned in the Deed to said owners.
(g) If the Owner or its successors, or assigns, or any
subsequent 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, its successors and
assigns, covenant and agree to pay all costs of such proceedings including
the payment of a reasonable attorney.s fee in connection therewith.
3. All notices to be furnished hereunder shall be furnished to the
City of Clearwater, to the City Manager, P. O. Box 4748, Clearwater,
Florida, 33518.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Approved as to form and
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Witnesses as to Owner:
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O.R. & 7 9 7 PAGE 19 71
STATE 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 acknow-
ledgements, personally appeared
:RA YM()NI>~M~ . NELSON .
and
RAYMONDF. SMIECH"
, 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 andofficial seal in the CountY" and State last afore-
said this !:?J:!!.day of b~~~,""",,-d.' .... 197~.
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Notary Public l~.''.'' ". "';),) "
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My commission expires:
Notary PL:b}.iC." "ri?r~d],. ~_c2te.' ~t. L~~fie.
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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I HEREBY CERTIFY that on this 2~day of
194, before me personally appeared Anthony L. S
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
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acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly authorized; and that the official seal of said municipal
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 " y()~ty
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of Pinellas and State of Florida, the day and year last above ~rii;.t~n" / ' ~.>_
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My commission e~ires:
Notary Pub/,Ie, State 0, f-bridll <;t Lam2
.My Commis~ion Expires Aug. 28, 1982
Bonded By Am~rican Fire & CasuallY Comoanw
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