SANITARY SEWER (36)
-.~.
I
I
AGREEMENT
19 ~, by and between
KENNETH W. BOESCH, SR.
q
"J{. day of 'b" ~ ''- . ?'
THIS AGREEMENT, made and entered into this
of PO Box 3677, Holiday, FL 33590
,
hereinafter referred to as "Owner, II and the CITY OF CLEAR WATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City";
WI T N E SSE T H :
WHEREAS, the Owner presently owns the following described real pro-
perty situated in the City of Clearwater Service Area, to wit:
Lots 11 and 12, Block 4, Virginia Grove Terrace, First
Addition, according to the map or plat thereof as
recorded in Plat Book 37, page 62, Public Records of
Pinellas County, Floridaialso known as 1746 and 1740,
Grove Drive, Clearwater, Florida;
and
WHEREAS, the Owner is des irous of and has requested the City to install
a sanitary sewer line and facility to make sanitary sewer service available to
serve their said property and that they be permitted to tap into said sanitary
sewer line upon installation; and
WHEREAS, the Owner is agreeable to have the City of Clearwater com-
p1ete said special improvement and upon completion thereof to have the City
immediately file a lien against their said property in the amount of their pro-
rata share of the cost of the installation of said sanitary sewer line and facility;
and
WHEREAS, the City is willing to install said sanitary sewer line and
facility to serve said property under certain conditions;
NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties hereto covenant and agree
as follows:
-.....,
1. The Owner agrees that the City may immediately commence and
complete the installation of a sanitary sewe,rline and facility to serve the real
t ,,,,," I
>c.
/) ,0.', },' /,. ! I. I)
."'. 'j , ~~ ", ( ~. , '! ,..... ,',' .-
I',.(./,'{A<C.,. Ic... .-/~~.) ',. ...i ::'i :A.'i"" ~o
(-~.
'"",
~t !/'; ~-;,.--.f.~:( ;. .~.,",~<,<e-,.r"
'; '\" ,,', ::/' ,/"'(\;..'/1,
,_,k,(.....;.~.;;,.;(_' "'~ ., J ,'..if;; ,f. ".....~tt..1 o;;.,..t;~
-1-
?J)/j,vC'
<..:." l'Ie- v (J ,-)
O /' /)C' I /, ", ,-,
((? -'{../ ,/$<1 ~.-,,\./
(2)
-,
I
I
property owned by them, legally described as follows::
Lots 11 and 12, Block 4, Virginia Grove Terrace, First Addition,
according to the map or plat thereof as recorded in Plat Book 37,
page 62, Public Records of Pinellas County, Florida, also known
as 1746 and 1740 Grove Drive, Clearwater, Florida,
and that upon completion of said work that the City may immediately file a lien
against the said real property in the amount of
$1,871.80
which is the Owner IS
pro-rata share for the installation of said sanitary sewer line and facility. Said
lien shall provide that it may be paid in ten equal annual payments in the office
of the City Clerk with interest at the rate of 10
% per annum from the date of the
lien until paid and in case of default in the payment of said miniznum annual pay-
ments, together with the interest thereon, that the City may take iznmediate steps
to enforce said lien by foreclosure or other proceedings. Said lien shall also
provide that if the City is required to enforce the collection thereof by foreclosure
or other legal proceedings, that the Owner shall be responsible for the payment of
legal fees and all costs of said proceedings.
2. The Owner by this Agreement hereby specifically grants unto the City
of Clearwater a lien in the amount of $1,871.80
which is the Owner's pro-rata
share for the installation of said sanitary sewer line and facility against the above
described real property owned by them and waives all requirements and entitlement
to the conduct of and notice of any public hearing or hearings by the City of Clear-
water for a special iznprovement assessment against their said property for the
installation of said sanitary sewer line and 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 unto the City a lien agains t their des cribed real property.
3. The City agrees to permit the Owner upon the completion of said in-
stallation to connect to said sanitary sewer line under the same conditions as other
owners are permitted to do so.
4. This Agreement shall be binding upon the heirs, administrators,
personal representatives, successors and assigns of the parties hereto and
-2-
"'1;
I
I
a copy thereof may be immediately filed in the Public Records of Pinellas
County, Florida, by the City so as to serve as notice thereof to all other
persons.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the date first above written.
~- J-.. m . g~ (SEAL)
~< ~W. Boesch, Sr.
(SEAL)
~Dh~
As to City
By
A ttes t:
.......'.,.
-.-
-~ -::;,.---- . - - - . -<---_.--
~ ...it:. -'-~~a.t~~.~-
City Cler!<
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowl-
edgments, personally appeared Janet M. G5nS0:1 '3.S At-torney-in-Fact for
Kenneth W.Boesch, Sr.
, to me known to be the persons des cribed 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
5~ day of
~ ~~=v/v..
\
, 19 85 .
My Commission Expires:
',1. n '!' S
h(hU}' run IC, ~ate of Florida
My ~cr:,,,;;i';S;(ili h(J!i'f.:;);:ill. 17, m~a
,." -" 1 1: r ,.j I' " . II . ,:::, ~ : ,".:. i -: _ ;.". . ,: .: .
-3-
'!
I
I
STATE OF FLORIDA }
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this ;Yo day Of,jJliJ:.vuy
1985 , before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, 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.
NOQ~'~
My Commission Expires:
NotarVri!Llic, State of flCiEda
Mv Commission Expires ~lo\i. 20, 1986
Bond~d Thru Troy Fain - Insurancel Inc.
-4-
.1 ~.
i' '~
" I I" /_,) I
i,:V
I
", ) 1- i"' .:5 I
,J ' ^' "
'I . "1
- /1 '^ (Ij
I( /'
I j I
r' : / J i: ; . ,
, , , ! I
i, U , 1 J
l../' I i ,
" , , .
. '/k'~ /
JI 'kl,
',\ / f:
I'
I
,~ .~ f /' '1
',' I',(,,! <,<,,\~,,~
I . ,; I)' ,J
~,..l) t r/ "
'liT '^ A ~y ';;:1 g l ';'~ ~ n ';1)
'I'! i'i; r : ~ , " i : r "', I; J.' Ii U
...~ '" _. t. 1ft.. ....:~ f-I~' },.: I ~. r.. ;., _, )1' ~
/: (t, ,(, " A
~' ~ t; ~'. I~-~ ~
.~
lY
.',' ~'S
:: f,
Thai Kenne th lV. Boesch, Sr.
,';((ving illOlle, clJ!I~[ifl1ted (;ad t!jJjJoint,;d. ..nd t:;) th,.,se : /','c.,{s does
jj;r!,I'i~. ,',JJlsfil:de liild ap-
;'o':d
JL1:1et M. Ganson
i.~ ue u(l
IU:IJful otlorney for Ken;wth \Y .Boesch ond ill his L.me, ;!:lCC ,ulIl :..tccr] grant a
limited pO\oJer of attorney pertaining to all i,~af',t(;rs in ref,crblce Lo the follm\dng
descrDJed property:
Lots 11 & 12; Virginia Grove Terrace 1st addition,
block 4, as recorded in Plat Book 37, page 62,
Public Records of Pinellas County, Florida
fJc'Viirg G"d fJiunliliJ unto
Janet M. Cc'nson
Jd ,,[lOi /lc!! fu1/ power
and Guthority to do and perform all and every act and thing whalsoever re,/uisile and neassary to
be done in Gild about the premises as fully, to (/1/ intents (ll1d purposes. as
he might or could do
if pcrsorwlly present, with full power of substilution cnd revocation, hereby rutifying ond confirm-
ing oil that
Janet M. Ganson
said attorney or
sub,~ti(:J!e dIGlllrl/(ifully do or (L1I1"e to be ,,:,,'ne by virlue hereof.
r."t ~/ 'q <: (('~ ~~ ~~', ('}: ::.""'f
~ j '-, ,.,' ;~.t' ;!'/>lo-l.lJ l...: ,/.:'i..t..~ ....I:~Jl ,
I
,'Ul V~ lie (.; L! J do set
my
hand
(Ind
seal
the
25th
day of
J 3.nuary
. In the year one thol!sand nine
hundred and
eithty-five
Sealed and de~'vered in l'le presence of
/.)'It'1k' _./J !:LV ( Dr ~t/~-rJ
___n/__m._ _ _'/__ <__ .. nun.n.:. __.un;;;;;:?____n._____._.__......__ .u.__'
.// J / /. / // c;
l'-'--');': ;-:<..-~" k:l /. . 1._//-;.o.o2~,~:,:.(.::.:-o L.
~[~!t of'/ .
.,. f f
:' .:~ 0
. .'mnh:__e'.~__~~.~"__:.._,:~~_~-.~:m_ (L. S.)
(
1St jJ :~:\~r.:)a, That on the
25th
',yof
January
one
1!101180-] /I!'J1C ll".ulrcd and eighLy--five
. !;cfo,'c we,
DOll;:a \!i1rip De Salvo
(I
\~() t ;-1 ry .(~,__-,b li c
)~ ~' , I 1 ,--, 1 .. i:: ,'f
1 "
1_' J. ~ U;}
duly conH:li,":oJ/cd end :;,'iJCdn, dl';ell:'iiy t.l fire tc,".,'n of :\eH Furt Rit'hey, Florida
per~;;);iU!l!J Cdme ':nd appeared
Kenneth W. Boesch, Sr.
f;.J .';,:1C i]':;r~:'._Jr:/-'.'ly
r-n(~;nn, \ ul h,'iUl))il to il'te to be the sarne .'j"-: l)Il
t 'c.':(-"}',~.t'~\ \,} ;tn l('~' 11'10 f' -," i...t-i.!(.(J .{lil:.! I ,:.rthtn 1:
r
of otlornry. Ulld
und deed.
he
ocknol;:!"('(;,~d t.',e /, !'thin (I'wet of J;:t';iilry to be
his
uct
'ill " ,,:'
:,;1
(~~
'I
'. )
'. ,
/' f, I -"uve l:L'I',!11do ,':;L:bs~'rd",'d ;JI!J
J)
:" , ,1.
(/
I
nlin;!? find ilfJi:red I7lfJ ,<c'ill of ojrce
~~'; i.1 ( .I(~'~' '. \.'d?:<'t/
" (T" S.)
, . ' f
J
, .
(..:
;' ~