STORMWATER DETENTION BASIN (4)
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l::( .0. i.5693 PAGE 865
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AGREEMENT
THIS AGREEMENT, made and entered into this Gfr::r day of
~ ~ ' 192 by and between KA TII[Rn~M. SELLlER and
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RONALD E. SELLlER of 2986 Heather Trail, Clearwater, Florida, hereinafter referred
to as "Owner," and the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Owner presently owns the following described real property
situated in the City of Clearwater, Pinellas County, Florida, to wit:
Lot 12 of Heather Trail Subdivision as recorded in Plat Book 77,
page 53, of the Public Records of Pinellas County, Florida, also
known as 2986 Heather Trail.
WHEREAS, Owner desires to have a stormwater detention basin located at
the rear of the owner's property removed and relocated to other City property; and
-,.,
WHEREAS, Owner is willing to make a payment in lieu of the total amo~t
of $2,876.60 which it is agreed is equol to the cost of land, materials and any
stqJctures; and
WHEREAS, the City is willing to undertake this relocation project.
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NOW THEREFORE, in consideration of the foregoing promises and othe~
good and valuable considerations, the parties hereto covenant and agree as follows:
I. The City agrees to eliminate the detention basin located to the rear of
Owner's property by piping and backfi II ing. A detention basin is to be constructed on
adjacent City property as a replacement faci Iity to which the pipe would be
connected.
2. Owner agrees to pay the City such payment to represent a payment in
lieu of providing detention facilities of $2,876.60. Such total sum shall be payable in 4
quarterly installments 'Of $719.15 plus interest of ten (10%) per cent per annum on the
unpaid balance.
3. Owner by this Agreement specifically grants unto City a lien in the
amount of $2,876.60 which represents the Owner's pro rata share of the cost of such
relocation and replacement project which lien shall be against the above-described
property owned by Owner, and Owner waives all requirements and entitlement to the
notice and the conduct of any public hearing by the City of Clearwater for a special
improvement assessment against the above-described property by reason of the
relocation and replacement of a detention facility. The Owner further agrees upon the
request of the City to execute all additional instruments, if any, which may be
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tJ 0:, d~~ formally grant the City a lien against the above-described property.
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,D. i. 5693 PAGE 866
4. This Agreement shall be binding upon the heirs, administrators,
personal representatives, successors and assigns of the parties hereto and a copy of
such agreement may immediately be filed in the Public Records of Pinellas County,
Florida, by the City and shall serve as notice to all persons.
IN WITI\ESS WHEREOF, the parties hereto have caused these presents to
be executed on the date first above written.
Witnesses:
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I<A TrlERWJE M. SELLlER
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As to City
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CITY OF CLEARWA"'E~;;iFLoRIDA
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By
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Attest: "~' (II ,.:' I
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City Cler.l<t~"
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ST A TE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements, personally
appeared Katherine M. Seller and Ronald E. Sellier, to me known and to be the persons
described in and who executed the foregoing Agreement and acknowledged before me
that they executed the same.
WITNESS m
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this s;;z day
and official seal in the County and State last aforesaid'
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.0. i. 5693 PAGE 867
ST ATE OF FLORIDA
COUNTY OF PINELLAS
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II-EREBY CERTIFY that an this ,:;1 '-f day of -J,~.~r.~
19#, before me personally appeared Anthony L. Shoemaker, TtUmas A. tin,
Lucille Williams, and Kathleen F. Kelly, 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.
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My Commission Expires:
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