WATER ONLY - ROGER G. AND MURIEL L. OWENS
O.R. 5138 PAGE 474
81009598
AGREEMENT
(Water Only)
THIS AGREEMENT, made and entered into this 16th day of; t,hiS IC,Pld,' ayof
January, A. D., 1981, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporatior., hereinafter
referred to as "City", and
ROGER G. OWENS and MURIEL L., OWENS, his wife
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
but within the City of Clearwater service area:
LOT 7, BLOCK F, OAK LAKE ESTATES,
Plat Book 45, Pages 13 and 14, Public
Records of Pinellas County, Florida.
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 conslderations;
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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O.R.5 1 38 PAGE 4 75
The City shall not be liaple 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.
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 andlor water charges to the City on the same basis
as sewer service andlor 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 right, upon sixty (60) days'
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 proces sing.
(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 of this 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 ownership 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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o.R.5 1 38 PAGE 4 76
which shall run with the land and shall bind and be enforceable against
all subsequent owners of said described real property whether or not it
is mentioned in the Deed to said owners.
(g) If the Owner or its successors, or assigns, 0:':" 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.
Attest:
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0.1. 5 1 38 PAGE 4 7 7
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 RogerG. Owens and Muriel L. Owens,
his wife,
, 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
said this {(p :tfky of b~evv\t3~, 19
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as 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 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 County
of Pinellas and State of Florida, the day and year last above written.
My commission expires:
Notary Pu~lic.' Slate of Florida at large
My CommIssIon Expires Au!), 28. J982
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O.R. 5 0 5 4 PAGE
846
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Wherever used herein, the term "party" shall include the heirs. personal representatives,
successors and/ or assigns of the respective parties hereto; the use of the singular number
shall include the plural. and the plural the singular; the use of any gender shall Include
all genders.
U!_ Made this 31st
~ ~.ehtJ.e.en
JOHN R. EDWARDS and
of the County of Pinellas
party of the first part, and
ROGER G. OWENS and MURIEL L. OWENS, his wife
1478 South Missouri Avenue, Clearwater
of the County of Pin ell as in the State of Florida
party of the second part,
day of
July
, A. D. 19 80
PATRICIA A. EDWARDS, his wife
in the State of Florida
33516
lll!Jitn.e55.et~ that the said party of the first part, for and in consideration of the sum
of Ten dollars and other valuable consideration, to him in hand paid by the said party of the
second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the
said party of the second part his heirs a,nd assigns forever, the follo,wing described land, situate
lying and being in the County of P~nellas , State of Florida, to wit:
Lot 7, Block tiFft, OAK LAKE ESTATES, according to the map or
plat thereof as recorded in Plat Book 45, Pages 13 and 14,
Public Records of Pinellas County, Florida.
This conveyance is made subject to restrictions, reservations
and easements of record.
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And the said party of the first part does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
~n lll!Jitn.e55 lll!J~.er.enf, the said party of the first part has hereunto set his hand and
seal the day and year first above written.
$5ign.eb, $5.e,l.eb nnb ~.eliu.er.eb in ~ur )lr.e6.ent.e:
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STATE OF Florida
'COUNTY OF Pinellas
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~ ~.er.eblJ QL.ertiflJ That on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments,
JOHN R. EDWARDS and PATRICIA A. EDWARDS, hi. wife
to me well known and known to me to be the individualS described
fo~~o~ng deed, and they acknowledged before me that
. the samq.. freely and voluntarily for the purposes therein expressed.
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they executed
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1!tilith.e55 my hand and official seal at Clearwa ter
County of ." Pinellas , and State of Florida
day of July , A. D. 19 80.
, this 31st
My Commission Expires
NOTAR) PURll( SIMt Of FL0RIO,A, AT LARGE
MY COMMtS~ION EXPIRES DEe 18 1981
BONDED llWJ GtNfAAlINS. UNOElWRI TElS
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Notary Public
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1"~~ARED FOR:
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A SURVEY OF LOT ._3__.__,. BLO_C.IL...F__~_OA1L.LAKE...ES.JATES,.,.u_-_.
AS RECORDED IN PLAT BOOK..4.5- ,PAGE J..3LJ4 OF THE PUBLIC RECORe'S OF
PINELLAS COUNTY, FLORIDA.
I HERESY CERTIFY THAT THE SURVEY REPRESE.NTED HEREON MEETS THAT MINIMUM REQUiRE-
MENTS ADOPTED BY THE F.S.P.L.S, AND THE F.L.T,A. AND THAl THERE ARE NO ENCROACHMENTS,
2124 5UNNYDALE BLVD
CLEARWATER FLORIDA 33515
DRAWN BY:
DATE:
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WILLIAM C, KEATING, R,L.5, NO 1528
ALLIED ENGINEERING & SURVEYING INC
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AS RECORDED IN PLAT BOOK-4,5__.- , PAGE J~LI4 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HERE.ON MEETS THAT MINIMUM REQUIRE,
MENTS ADOPTED BY THE F.S.P.L.S. AND THE F.L.T,A. AND THAT THERE ARE NO ENCROACHMENTS.
DRAWN BY:
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CHECKED BY:
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WILLIAM C, KEATING, R,L.S. ~o, 1528
ALLIED ENGINEERING BcSURVEYING INC
2124 SUNNYOALE BLVD
CLEARWATER FLORIDA 33515