STORMWATER DETENTION BASIN (3)
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0, i. 5693 PAGE 868
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43 ~~t ~~i"r2J(~ THIS AGREEMENT, made and entered into this ~ day of
J"R"va+J..-r-v , 19 E..!:L, by and between RILEY E. DARGA VELL AND
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PATRICIA PENCE DARGA VELL of 2991 Heather Trail, Clearwater, Florida,
hereinafter referred to as "Owner," and the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter referred to as "City";
W I TN E SS E T H :
Wt-EREAS, Owner presently owns the following described real property
situated in the City of Clearwater, Pinellas County, Florida, to wit:
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Wt-EREAS, Owner desires to have a storm water detention basin 10cated-'t1t '
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the rear of the owner's property removed and relocated to other City property; an~ ;-c' ,~:
Lot 10 of Heather Trail Subdivision as recorded in Plat Book 77,
page 53, of the Public Records of Pinellas County, Florida, also
known as 2991 Heather'Trail.
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WI-lEREAS, Owner is willing to make a payment in lieu of the total amount
of $2,876.60 which it is agreed is equal to the cost of land, materials and any
structures; and
WHEREAS, the City is willing to undertake this relocation project.
NOW TI-EREFORE, in consideration of the foregoing promises and other
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
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~ ~ ~ 00 Owner's property by piping and backfilling. A detention basin is to be constructed on
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~.cp:l ~ adjacent City property as a replacement facility to which the pipe would be
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~ ~ ~ ..: 2. Owner agrees to pay the City such payment to represent a payment in
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~ ....; 5 ~ lieu of providing detention facilities of $2,876.60. Such total sum shall be payable in 4
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.5 < 'S G quarterly installments of $719.15 plus interest of ten (10%) per cent per annum on the
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,.s::: 0 .~ unpaid balance.
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3. Owner by this Agreement specifically grants unto City a lien in the
amount of $2,876.60 which represents the Owner's pro rata share of the cost of such
relocation and replacement project which lien shall be against the above-described
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property owned by O~,~,..ciiid Owner waives all requirements and entitlement to the
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notice and the condtiCt of any public hearing by the City of Clearwater for a special
improvement assessment against the above-described property by reason of the
relocation and replacement of a detention facility. The Owner further agrees upon the
request of the City to execute all additional instruments, if any, which may be
required to formally grant the City a lien against the above-described property.
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4. This Agreement shall be binding upon the heirs, administrators,
o. i. 5693 PAGE 869
personal representatives, successors and assigns of the parties hereto and a copy of
such agreement may immediately be filed in the Public Records of Pinellas County,
Florida, by the City and shall serve as notice to all persons.
be executed on the date first above written.
IN WITtlESS WHEREOF, the parties hereto have caused these presents to
Witnesses:
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As to City
ST ATE OF FLORIDA )
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COUNTY OF PINELLAS )
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PATRICIA PENCE DARGAVE e
By
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I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements, personally
appeared RILEY E. DARGAVELL and PATRICIA PENCE DARGAVELL, to me known
and to b<i"ffie persons described in and who executed the foregoing Agreement and
ac~,'i\~>>tJp..9.,g;d,before me that they executed the same.
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:;$J\~...';~'.~1.w~.'mY hand and official seal in the County and State last aforesaid
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My Commission Expires: '0";,'
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M,y COMMISSION EXel8fS'JU~ tIQ 12s.1~
'ONCED THRU GENERAL INS I UNDEIl,W8IIE~\
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COUNTY OF PINELLAS
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II-EREBY CERTIFY that on this ;).. '-I day of
19 -f,j, before me personally appeared Anthony L. Shoemaker, T~
Lucille Williams, and Kathleen F. Kelly, respectively City Manager, City Attorney,
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O. i.5693 PAGE 870
ST ATE OF FLORIDA
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 Countyot
PinellQs and State of Florida, the day and year last above written.
My Commission Expires:
- Notary Pubfic. Stilfc> '11 ~"r;"~
MY' Commission Expires Oct. :JI, l,al
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