Loading...
SEWER ONLY - JAMES C. AND CAROLYNE R. USSERY . "Ii -~ ~~ Ad~" 140 M LloLIo T , , I '-',.... , .:. ,~.A I ~:~~' . ~., .,~- f~l '7" *r 1~1"t.. '. ',1 ,Y" '."!YI'. ': .........,.:.,Mf_, v' ~.'Tr_,....,~, ~ 81167913 CLEHr Ci":CUiT COURT O.R. 5 26 2 PAGE 1 6 9 5 UCT 22 "21 AM'SI AGREEMENT (Sewer Only) O~l1~ 40 Rec, /1-0d 41 OS 43 Int Tot THIS AGREEMENT, made and entered into this C9.~ .c,( il , ' day of ", A.D., 19~, by and between the CITY OF CLEARWATER, FLORIDA, a mUnicipal corporation, hereinafter' referred to as "City", and JAMES C. USSERY and CARDLYNKR;USSERY, his wife, hereinafter referred to as "Ownerll; 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: Lots 41 and 42, CLEARWATER MANOR, a s recorded in Plat Book 41, Page 66, of the public records of Pinellas County, Florida J 9 ~O(). 4f 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. - ~':> it,,-., cr" 'f) ;' ' ; I . C. C t ,'~.{o(~;</;. t >./, ~.,'..t; *' -1- -) . -r ( ) La.. rL<.v C., " . t/) l ~/./}. d_:/t(/; I I '-j ".' Y'/{/ /' ( c-"', ,j a // rl (lP=:f-3 .ri-. 0 8~ ~ t? m '-' H :~ g, ~ S' 2;()Cf1~ ~ro>8 <; ~. S ~~ trj~ ,,~C::~ ~ rl- [fJ l,rj~I-3~ .......... ~ P- o Z ro ::3. l-d ~ .- p. . .'" SI' OO~ \!i:l' .~ 'd t>:l trj '"" ~ ClI, 0 '- '"C ..... X f"'" (tl (Xl.;:.~o. -::jOO" ';:''''<l (Xl ~.. (tl ~ f 1 ~ :-a ("),~ >-OI-1t'tJ >-" ....,..; tt3="<c: ::OOO~ . >< t-' :z ~At:rJ..; r'o"JI;ljO ~Ap::j . co .. t>:l t>:l at ,... 00 // ~ O{'D0Io~()tI-(3'6) J I .' I I O.R. 5 2 6 2 PAGE 16 9 6 The City shall not be liable for any damage resulting from any unavoidable ces sation of 5 ervice caused by Act of God, necessary maintenance work, .2. I I O.R. 5 26 2 PAGE 16 97 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 owner s. (g) If the OWner or its successors, or assigns, or any subsequent owner, s;hall 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. \ Crltersigned: ~ . ~ iid!;Op({~ Mayor-Commissioner ~ Approved as and <;or B '-.y Attest: rf[".~ Iw.~~f~ - ',. , City Clerk \ 1-...... Witnesses as to Owner: .3. ... .. "~ I , STA TE OF FLORIDA COUNTY OF PINELLAS D.R. 5 2 6 2 PAGE 1 8 98 I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State aforesaid and in the C01J.I!,ty aforesaid to take acknow- " '. 'Jame,sC,."Ussery'an. d Carolyne R." ledgements, personally appeared Ussery, his wifei 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- eiJ- said this~ day of ." " -, 19 81'. ~j,~^c1t)oL~," ' ,I bli ,',~ Notary Pu . c ", MVcom:mi.s~ion expires: ,Notary Public. St<ltp"Of rloridJ At L,,-ge , My Commission Exp'if(~s-Sepl. '13,19B~' "., ~ - : .. ...> .,;.. .'G'S,J ~"'J,~" .' -- STATE OF FLORIDA ) COUNTY OF PINELLAS ) , rd I HEREBY CERTIFY that on this~ay of 'C~- :~:: ~ -',. ::..:: '~;, .,(!)('~."> c ... .~,'. .'...,; ...~,)~... 1981, before me personally appeared Anthony L. Shoemaker, Thomas A. - p~ a l/Mklt: Bustin, Lucille Williams, and :..(;A<>rles :i',j'1.(.Ch.C.L, respectively City Manager, City Attorney, City Clerk and Ma~Om:mi.SSioner 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 y:ar last;viJ>>?~~';:<:} '~~Ub~~ , ",~' ;- My commissioJ1 eXDw-e.s: Notary pulillt. )tate Of nol1lJil ,My Commission Expires July 5. 1985 R:"lnded Thru Troy lain - tnsuranco. Inc. /", .4- ,'1'" 10,IS ~ RET -< t ~ :: ~ -j ~ _ _'l--~-::: ,':0 >-~ 0 .2': J) v', ~, :~:< 4,..'. - .-,-' ~,:-:. ...,1, ~._ 'i' ~,'j ~ ..-;" Q -r WARRANTY DEED CStatutory Form> _ I 72053044' I W4t.!i 1Julltuturt. . of the County of Pine l1as party of the second part, u.~~ 3777 PMl 3G in the State of Florida 33515 Wherever used herein, the term '"party" ahall Include the heirs. peraonal representatives. aucceuon and/or auienS of the respective partlea hereto; the uae of the singular number ahall Include the plural, and. the plural the aineular; the use of any sender shall Include all senders. O.R. 5 26 2 PAGE 16 9 9 Made this 25th day of April , A. D. 1972 '[!iehDeen ARTHUR E. JACOBER and RAMONA JACOBER, his wife of the County of Pinellas in the State of Florida party of the first part, and TO: JAMES C. USSERY and CAROLYN R. USSERY, his wife 1749 West Manor Drive, Clearwater 1llllitnc66etq 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 and assigns forever, the following described land, situate lying and being in the County of finellas , State of Florida, to wit: Lot 41, CLEARWATER ~~OR SUBDIVISION, according to t he map or plat thereof as recorded in Plat Book 41, Page 66, Public Records of pinellas County, Florida. ","'" <lJ ><.;:t::u z.;:=: ~ ~ _~. ....,-'st:~ p: :~~::--: R __,8-~~~~ , c::""""" 0) - - ::: :2 -, ~. ~ g ~8 u . ~: ..::> f~I?~~0~i;:L~#:iF~J+'~"~-~'::~,: -.. :-~~':7;:',ic;:'l~'"1::r:~~= X?F-:li'F:LORiO ~L-c , ",,;.o:u..,-~-ffi)~~Ma\~%A~'-STAM'P- T '<"~'i . ~~.~Ti~,~~ ..... ,__' I... ~..~ .; ",,: :"' ~ _d". ',-;-;," _.,"', '__'- .,~::>,,,.,.,,-.~P.T.:DJ'?Jlf:VEn% '1- ..' '. '.,','" .oJ, ' 'i!~ ,-:;:-..;..~.l-;:i!.~'.r-"',,:' ",. ~ ---:"--=-",--:-:-,,, _'~".:-.t ' ~ >.t.;::Q..,.'.,',........,..',.___.T.l.I,~.=:ti,.,' '"'""tc'...'-~,.r'.l.l., .",. ' .-.li,Q..',,-....,--..--.<.~~~;:;'-,'~~ ' I""" '~-" -j" ,-- '.~ .. '~'~._,; 'f!.~.,.~~A:i.z':,r'\'...,... -.' .~ 'N..', ~t~ti:4:th;':~~;;:::,;~:}:- 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 1llllitne66 'Bqereof, the said party of the first part has hereunto set his hand and seal the day and year first above written. ,-,' STATE OF Florida COUNTY OF Pin~llas r!:~~/~ 'Arthur E. -(1' .. ( ..........1 ~ ' j;.;r./ ..... n~~L- Jayber ~~ ~~ ~~ ~~ ~ ~/ ." CldL,,(A-CA,.J..J . Ramona Jacob,A!r (I } ~ ~ere~ <!Lertif~ That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, ARTHUR E. JACOBER and RAMONA JACOBER, his wife to me well known and known to me to be the individual S described foregoing deed, and they acknowledged before me that the sa~e frJe1y ..and vOluntarily for the purposes therein expressed. .) Bitm66 my hand CountY'1)f Pine llas d~ of . .' April in and who executed the th~y executed and official seal at Cl~arwater , and State of Florida , A. D. 1972. , this 25th My Commission Expires :_..f' ~~ :~~.. 1~73 .",r (lg1 ,~ (j (}Leaf. Notary Public 4'.. .. , ~ '..'r..........,..' , f ~, ]; ..r J'IRST I FEDERAL I LOAN O.R. 5 26 2 PAGE 1 7 00 5b. . ~J." \..IIJ .J. )"J.'uJ ASSOCIA TIO;. OF DUNEDIN THIS MORTGAGE DEED. Executed the .. . . . . . ., . .. . . da, or by and between JAMES C. .............. .J.ul?!..... ,;l.b..,..... A. USSERY, husband and D, 18.. .6.5. .. wife, USSERY and CAROLYN R. hereinafter called the Mortgagor. which term ehall Include alngular or plural. corporation or Individual and either eex, and ehall InClude the helre. legal repreeentatlvee. aucceaeore and &II.IIlgne of the aald Mortgagor wherever the context ao requlree or admllll. to FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF DUNEDIN. a corporation under the lawa of the United Btatea of America. having Ita principal place or business In the City of Dunedin. Pine lias County. Florida. hereinafter called the Associa- tion, which term, ehaJI Include the IIUcceaeore and &8IIlgne or the Bald AsBOC1atlon wherever the context ao requires or admllll. WITNESSETH THAT. WHEREAS the Mortgagor Ia a member of the Aseoclatlon, and bas received a loan from tbe Associa- tion wbereby the Mortgagor la jWllly Indebted to the Assoclalion In the prtnclpal aum of.........Elev.en..Tbo.\J,S.anQ..&.. ..n.91.l-.0.0.,:,.,:".,:".~:-.~:-::-:::.":"."7,7.7.,;".,:".,:".7".:-:-noLLARS, which Indebledness Ie hereby acknOWledged and 18 evidenced by a certain promissory note payable to FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF DUNEDIN. executed by ,'.. ...... J-MmS..<::..... J]~~~.RY.. .~nQ.. GM9k"tN..R,... V.$.$.~.f!..Y.,.. .lump..<m.Q. ..~J;\q. .W;!, ~~"'" .~J?J.9...no te . - hei.ng..f ina~~.y.. .due. .and.. pay.ahl.e..wi.tnin. ..24..lle ars...from. .the.. da~e.. b.e.r.~Qf, and bearing enn date bere~~e principal amount or 1.~,ll+OOO..D.O....... payable In monthly InstaJImenb and bearing Loan Number ............................ " NOW THIS MORTGAGE DEED. WITNESSETH That the said Mortgagor for' the better securing or the several sums of money mentioned In the Bald note does hereby grant, bargain. sell. alien. rem18e, release, convey and confirm unto the aaJd Association. In fee simple forever, all the followinS piece. parcel, or tract or land, of which said Mortgagor 18 now seized and poeaellSed, situate, lying and being In Pinellas C<>unly, State of Florida, and more particularly described as follows: Lot 42, CLEARWATER MANOR, recorded in Plat Book 41, County, Florida. according to the Map or Plat thereof as Page 66, of the Public Records of Pinellas $16.50 in State-Stamps have been affixed to tne original note and cancelled. TOGETHER WITH ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS. APPURTENANCES. EASEMENTS, RIPAR- IAN and other rights. and all structures and Improvements now and hereafter on said land. and the fixtures attached thereto, and all rents. Issues, proceeds and profits accruing and to accrue from said premises, all of which are Included within the foregoing description and the habendum hereof. Also all gas, steam. electric. water and other heating, cooking, refrigerating, lighting. plumbing. ventilating. Irrigating and power systems, machines, appliances, and all shrubbery, plants and trees now growing or that may hereafter be planted or ~rown thereon; and fixtures and appurtenances. which 110W are or may hereafter perlain to or be used with, In or on said premises even thougb they may be detached or detachable. TO HAVE AND TO HOLD the above granted premises, with the appurtenances, unto the said Association. Its successors and assigns, in fee simple forever. The said Mortgagor does hereby covenant and agree with the Association, as follows: FIRST: That the Mortgagor is lawfully seized of the above described premises In fee simple and has good right to sell and convey the same to the Association; that the said premises are free and dlschar~ed of and from all taxes, tax titles or certifi- cates. judgments. mechanle's liens and encumbrances of any nature or kind whatsoever and that the Mortgagor wl1l fully warrant and defend the same to the Association, against the lawful claims and demands of all persons whomsoever, and that the Mortga- gor will make such further assurances to perfect fee simple title to said land. In the Association, as may reasonably be required. The Mortgagor further agrees not to place or allow to be placed a second mortgage or lien on the above described real estate without the written permission of the Association. In such event all sums of money secured hereby become due and payable and In default. at tbe option ot the Association. , SECOND: That the Mortgagor wl1l pay the several sums of money agreed In the said note to be paid and all Inst~lIments of principal and interest thereon promptly when due according to the true tenor and effect of the said note or any extension or renewal thereof. In whole or In part. and all other Indebtedness or lIablllty hereby secured, however created or evidenced, promptly when the same respectively become due. Installments nol paid when due shall bear Interest after due date at the rate of eight per centum per annum, THmD: That the Mortgagor wl1l pay all and singular the taxes. assessments, levies and encumbrances of every nature on the above described property and upon this mortgage and note. or the money secured hereby. before delinquency thereof, and promptly deliver the official receipts to the office of the Association. and If the same not be paid promptly when due, the said Association may (without obligation so to do). pay the same without waiving or affecting any right contained In this mortgag~ or the said note, and charge such sums so paid, to~ether with a eervlce fee of ten per centum of the amount thereof, to the Mortgagor. and euch sums of money shall bear Interest from the date thereof at the rate of elR'ht per centum per annum. If said receipts are not dellvl'red by the Mortgagor to .the Assoclatlon'e office by the date the said taxes, assessments or levies become delinquent. then the Association may order a tax search of the publiC records to determine the true status of said taXe5. U.!IIe3Smenta or levlr,. and Charge the coat of 8uch search to the account ot the Mortgagor and such charge shall be secured by this mortgage. All euell advanceoo aball bear Intereat at el!rbt per centum per annum, FOURTH: To keep the bulldinp which are now, or wblch may hereafter be erected on the land herein described. Insured against all risk by fire'ln a sum not lees than ..::}::l.e.V.e.n..TnQ~San..Q.....s....no./lQQ:::-Dolla.rs, and against loss by windstorm, cyclone or lomado In a sum not lellS than 50% of theIr fair cash value, at the expense of the Mortgagor, In a good and responsible Insurance company or companies, licensed to do business In the State of Florida, and acceptable to the Asso- ciation. for the benefit of said Association (but the Association shall not be Ilable for the Insolvency or Irresponsibility of any such companies), and said policy or policies and all renewala thereof shall be deposited with and held by the Association. and said policy or policies and all renewals thereof shall contain a "Loss Payable" or "Standard Mortgagee" clause, at the option of the Association. payable to the Association as Its Interest may appear. Upon any default thereof. the Association may (but wllhout obligation on ita part so to do) place Insurance on such bulldln~, pay the premium. and charge such sums 80 paid, together with a service fee of ten per centum of the amount thereof, to the Mortgagor. and such sums of money so paid shall b"ar Interest from the date of payment at the rate of eight per centum per annum. In the event of a loss by fire or other c&9ualty. the Mort- gagor will give Immediate notice by mall to the Association. FIFTH: That all sums of money paid or caused to be paid by the Association under the terma of th18 mortgage and herein speclflcally provided for, and including an, expenaee Incurred by the Association in collectlton of the sums secured by this mortgage. shall be covered by the Ilen of th18 mortp,e, the same as the aums of money represented by the note hereby secured, SIXTH: To permit, commit or auffer no waste, Impalrment or deterioration of aald property, or any part thereot. and upon the failure of the Mortgagor to keep the buildings on said property In good condition of repair, the Association may make demand for the immediate repair 0' saId buildings, or an Increase In the amount of security, or the immediate repayment of the debt hereby secured. and the failure of the Mortgagor to complY with said llemand of the Association for a period of 115 days shall constitute a breach of this mortgage. and. at the option of the AllSoclatlon. Immediately mature the entire unpaid principal and Interest hereby secured, and the Association may, without notice. InItltute proceedl~a to foreclose thie mortgage, and apply for the appolnlment of a Receiver, as herelnatter provided. r,. '"lI:~E.=.. .,..,~ ---~ . _.-",-''''~''P''"....---............,......_- ..___...-__....""~_.f~'>~,~....""':'~>....-".._ r- t ! -