SEWER - R. W. AND URSULA E. HUME (2)
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40 Rec c2{;; . ()C;)
41 St
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WHEREAS, the CITY OF CLEARWATER,
a Florida municipal
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77092754
E.I.4559 PAGE2024
AGREEMENT
corporation, hereinafter referred to as "City", entered into a sewer
services ~ontract entitled "Agreement" with R. W. Hume and Ursula E.
Hume, his wife
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
May 20, 1975
, for the following described real property located
outside the municipal limits of the City of Clearwater, which property is
presently owned by
R. W. Hume and Ursula E. Hum~, his wife
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hereinafter referred to as "Owner":
From the Northeast corner of the SE 1/4 of the SW 1/4 of Section 1,
Township 29 South, Range 15 East, run S 0017'48" E along the N-S
centerline of said Section 1, (centerline of County Road 34, Hercules
Avenue) 200.03'; thence run N 89014' 24" W parallel to the N line of
the SE 1/4 of the SW 1/4 of said Section 1, 183' for a P. O. B.; thence run
S 0017'48" E 150'; thence run N 89014'24" W 80'; thence run N 0017'48"
W, ISO'; thence run S 89014'24" E 80 feet to the P.O.B.
WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
located within the City, and
WHEREAS, the contract provided that the annual charge would begin
two (2) years after the signing of the contract and would be terminated when
the property was annexed into the City, and
WHEREAS, it was the intention of both parties to the Agreement to
have said property annexed into the City of Clearwater, and
WHEREAS, it is now apparent that said property cannot be annexed
into the City, and the annual charge will continue to be assessed again$t the
property and will constitute a lien thereon ad infinitum;
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from non-municipal property and the property owners
wish to be released from their burden of having such annual charges assessed
agains t said property; and
WHEREAS, the City Commission of the City of Clearwater has, by
(, motion dated
January 20, 1977 , authorized the execution of this
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v. R..4559 PAGE2025
Agreement and Release, which release, or a copy thereof, is attached,
marked Exhibit B, and by reference made a part hereof;
NOW, THEREFORE, the parties hereto hereby covenant and
agree as follows:
1. The City does hereby agree, subject to the terms of this agreement,
to continue to provide the owner with- sewer services heretofore provided.
The City shall not be liable for any damage resulting from an unavoidable
cessation of treatment caused by acts of God, necessary maintenance wOl:"k,
or any caus e beyond the control of the City.
2. The City does hereby agree to execute a release reflecting that
the City will no longer im.pose an annual charge for sewer services on the
real property of the owner. Said releas e, attached and marked Exhibit B,
shall be executed following payment of the annual charges as s es s ed on the
real property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs numbered
1 and 2, immediately above, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges
to the City on the same basis as persons living outside the municipal
boundaries are charged, and as is provided by City Ordinance, as long as
such real property remains outside the municipal boundaries of the City
of Clearwater.
(b) The Owner agrees that this Agreement shall be binding
upon his heirs, administrators and as signs, and that the City may l:"ecord
this document if it so desires.
(c) The Owner agrees that in the event that the property
which is the subject of this agreement becomes eligible for annexation, the
Owner shall petition the City for annexation into the limits of the City and
as a matter of fact, this Agreement may be considered a written request
to annex.
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IN WITNESS WHEREOF, the J;B rties hereto have caused this
agreement to be executed this Mday of r:ltt~
A.D. 197 7 . ,,/
CLEARWATER, ,F,.;t-ORIpA
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Countersigned:
~~W
1Vi:ayor-Commissioner . . .
A s to Owner
STA TE OF FLORIDA
1
o. 1.4559 PAGf2026
By ~-
OWNER
COUNTY OF PINE LLAS
I HEREBY CERTIFY, that on this .~ day of ..~
A. D. 1972-, before me personally appeared Picot B. Floyd, Thomas A.
Bustin, R. G. Whitehead and Gabriel Cazares, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal co:rporation, 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.
of Pinellas and State of Florida,
WITNESS my signature and official seal at Clearwater in the County
My Commis sion Expires:
NotarY PlIbttc, State of Florida at Large
My Commission Expires Sept. 29, 1977
Bo..d..d b1 AIllc:.I"..m rife Gl \..aSIJalty Y.
the day and year last above written.
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v. i.4559 PACE20Z7
STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CER TIFY that on this day,
authorized Ln the State aforesaid and in the
acknowledgments, per sonally appeared
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to me known to be the person(s) described Ln and who executed the foregoing
agreement and acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this~S-day of ..A.1.A~.. . , A.D., 19,!.,]. .
C~~'~:_
Notary Public ~, ,;:~,: .; \ () /-
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My, c: OR'lollD i~~~ ret:1fliJdapl~~~:
'Notary Y\IlJ\'" . .j 9 198\
My Commission ExpIres Aprt ,
Bonded By Amcrkan Fi(~ Ii Caslialti (ornpaoY
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