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WATER ONLY - WILLIAM E. AND MARY H. PRICE O.R. 5125 PAGE 2172 80206037 AGREEMENT (Water only) THIS AGREEMENT, made and entered into this 19th day of December, A. D., 1980, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and WILLIAM E.PRICE and MARY H. PRICE, 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, MEADOW BROOK PLACE, according to map or plat thereof as recorded in Plat Book 77, Page 86, of the 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 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. -1 - '- I I o.R.5 1 25 PAGE 2 1 7 3 The City shall not be liable for any damage resulting from any unavoidable ces sation 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 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 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 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 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 -2.. I I n,R.6 125 PAGE 2 1 7 4 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 ownerso (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. 00 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. m" ~CITY OF. CLEARWATE Counters . 1, ..-/' / , , ' , ' ..~, " , c0r-BY Mayor- mmissioner Attest: " ~ ...' . fJ ,.,' l'l~ ~'., ..,.~~ 'VJ~ .. ' ,"-" CityClerl~, , Witnesses as to Owner: ~~~.... I I ,~ OWNER: jp(d,-y'~' Wlll1arn J:!.. J:-'rlce -. '.,1 ,,~. ..,r, 'i (.. i.~.: \...'__;j,' ; f, ./ _/ ~_",_,,''''_.., Mary H. Pnce By ..3. "'. r. I I STATE OF FLORIDA ) COUNTY OF PINELLAS ) 0.8. 6 1 25 PAGE 2 1 75 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 William E .P:ricean.d Mary H. Price, hi s 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 County and State last afore- said this Jd day of . ~'""' ~., 19 S() '..;;:":j.<';~ ~~~: 0-4~---,- Not~ PUbV' ~i,,~,. ' '~':: , MV commission expires: lWtary Public. State of Florida at large Mv Commission EXDires Auo. 28. '1982 .!Sanded By Amorican Fire & Casuaity Company' " \ ; STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this Lt-tXaay of ~~ 19~, before me personally appeared Anthony L. Shoemaker, Thomas 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. ~ ~ ...... ~ ..... /.' ". ~~,;,~ ~Ofa;:? !iC.<C:... ... My commission expires: Notary Public. State of Florida at large My Commission Expires Aug. 28. 1982 80ndad Bv A.mAri,.,," fjtA R. Cal.ualtv Comoaav .4- WARRANTY DE,ED 79191859 D.R. ~ 9 ~ 0 PAGE ICENTURY TITLE AND ABSTRACT, .Ic, ~22 (2) 13' ,d ~ .., .00 'f ,- This Warranty Deed Madethe.E!j_dayof October A. D. 19--1-9- by .,/ CHARLES G. HODGES III AND LINDA D., HODGES, husband and wife hereinafter called the !!,ranlOr, to WILLIAM E. PRICE AND MARY R. PRICE, Husband and wife whose post office address is 3 I /~ u..' &..6d e.~.....i(. ~~{ I hereinafter called the !!,rantee: / (\\'herc\l'r l"cd hcrcinlhc'lcrm, "grantor" and "grantee" include alllhe parties to this instrument and the heirs legal representatices and assigns of individuals and the successors and assigns of corporations.) F~~.- 3 3 .s- :;; Witnesseth: That the !!,rantor for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowled[!,ed, hereby [!,rants, bar!!,ains, sells, aliens, remises, releases, conveys and confirms unto the !!.rantee all that certain land situate in Pinellas County, Florida, viz: Lot 7, MEADOW BROOK PLACE, according to the map or plat thereof, as recorded in Plat Book 77, page 86, Public Records of Pinellas County, Florida. 14 14275445 72 000 I . 08N07~ 40 4.0' 41 136.00 OS <.:::> STATE O~ ,"_-:~.;:=::..~.~~--- .. DOCUMENTARY ._~'" ,-;:~_:.'\!U.,', i DE . .. , ," f' ~ .. ::: PI, OF F.EVEl'WE';t~;~;-">_" '~...:~!.'-i:f\,::. J ~ FE, ~ HOV-8'79 ~~~::-.;~.-'_,':Z,o., ':( 6 0 0 " ::: : j i i Z \:.:.:. ~...-..:.~..' \oJ. f ~~ J 14n.D'CK ~,.., ~ 11 Chg 4ORec~ 41 St ~ 42 Sur 43 Iflt ifl:O.~ Tot I o. n .. r'" <.- -=: ? 1-' - <=:> '.: co >' . = ^v lu '-.J ;g c:;i ~ ~ <".:.. ~ ;:;.---, :>:,' t ~ ;0, J.. . (~ ). ~, ., f:")' -~ ,~'t~:.;:, .:: F" '., "- ' o .f'''' ,,;" ,.. .. Together with all the tenements, hereditaments and appurtenances thereto belong in!? or in anywise appertaining. To Have and to Hold, the same in fee simple forever. A nd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land. is free of all encumbrances, except taxes accruing subsequent to December 31, 19 78 and easements and restrictions of record. This Instrument was Prepared By: ~. CENTURY TITLE And ABSTRAG, INC. BY; J. Armstrong 1250 Rogers Street, Clear,vater, FL 33516 Which Instrument WitS Prepared Incidental to the writing of A Title Insurance Policy. the said Rrantor has si!!,ned and sealed these presents the day and year - In Witness Whereof, first above written. - ~. ~. ~'-z;:;; ~arll1s G ft"'ld~ . ~'l1_ C. ~ ~ :7 i da D. Hodges L.S. '-- d in our presence: L.S. 0/ ST A TE OF j1AINE COUNTY0F c1~ I HE~EBY CERTIFY thaI on this day, before me. an officer dill\' authorized in the State aforesaid and in the Count\' aforc,aid to lake acknowledgements, personally appeared' . /\" D. ILI~t ,_. ,.."I'L .ff CHARLES G. HODGES III AND LINDA D. HODGES, husband andw':Lfe ", . .. ,:'.? 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