SEWER AND OR WATER - NOEL L. LECHER79171527
O.R. 4924 PAGE 1760
AGREEMENT
THIS AGREEMENT. made and entered into this
9th day of October, A. D., 1912-, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
NOEL L. LeCHER, Trustee
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:
From the Southeast corner of Section 19 run thence 01026'21" East,
along the Section Line 671.82 feet for the Point of Beginning; thence
continue North 01- 26'21" East along the Section Line 219.18 feet;
thence North 89-5713111 West, 400.00 feet; thence South 01-26'21"
West, 215.03 feet; thence South 89-22'02" East, 399.92 feet to the
Point of Beginning; LESS the Easterly 100.00 feet for Road Right-of-Way.
/fie;) i r") -::5
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:
10 The City does hereby agree to provide sewer and/or water
-::. '-I - 7 I:{
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.
v') ; /
;" ---~.~.) I i
l:{ , I !
, I, L, . .., , " '1 " c,'
. . ',' I ,~, " 1,(
11 )~f}, J'..c ,. I /
:- ,J, . ~ .., ~ I
~) / I, (:t'....{ ,; (
.. II
(I -) I:.,i ) j.,....
-I.
i,/
. ,,( ~,
/(},/.-
~~,! ~;
OI-OrxD -0'1 (S)
I
,
O,R), 9 2 ~ PAGE 1 7 B 1
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
O.R. ~ 9 2 ~ PAGE 1 7 6 2
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 owners.
(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. 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.
~erSigned: a
.l~ .(-&/1,
Mayor-Commissioner
CITY 011 CLEAR WATER
/ '
/
Approve~ as tcLform and
/'
co r es
Attest:
.'.t>~'''/ ';..:7.'C~: 4
-;'l1;.~'~t.v ~
.' <~ _', _,' II"'f ': .'
'iCity Cle.rk . ',-
&a;, -fJ.
,
$~~/~"
J2~~~; ~
Witnesses as to Owner:
B
, ~~~;~; a..
'Noel L. LeCher, Trustee
.3.
"
'.,
I
,
Q,R, ~ 92 4 PAGE 1 7 B 3
..
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 acknow-
ledgements, personally appeared
Noel L.LeCher ,Trustee
, 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 g0::.... day of 6-cJ;:..f~ . 197 9.
My commission expires:
- .': '-/.7" '~
".,3: (,>11, ...(~ v.'
">'" ~<.! (I,}. j
'?,I::j/ ""1' 'j: -
i'~ ,,; ~
: , )". i " ; i ; \. ~ ~ . .
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this 7~day of
/~
t( ~)
19.12...-, 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~ L~'
)
/.
.'
,.~
L.~"/ :~)
My commiss,ion. exp.ires: ,
Notary PU)I" Sta!2 of FI(1iIc~ "t '.J' ~~
Mv C"mmi,ii:ln Ex;;ires !,l;q. 28. 1'/:2
Clc:td(.~ Sj' - .;:-: ~ ::>'IJL.:'. '!. ~,-:.ljJ.)rL)'
/)
/ l
.4.
..< "
I
I
C I T Y
OF
CLEARWATER
~OST OFFICE BOX 4748
CLEARWATER. FLORIDA 33518
OFFICE OF CITY CLERK
October 16, 1979
Mr. Noel LeCher
Belleair Fabrics, Inc.
P.O. Box 5022
Clearwater, Fla. 33518
Dear Mr. LeCher:
Enclosed is a copy of your letter requesting an additional
50 feet of sewer main extension in order for you to be con-
nected to Clearwater's sanitary sewer system at the City's
East Sewage Treatment Plant.
Please note your request was approved by Mr. Anthony L.
Shoemaker, City Manager, on October 6, 1979.
The original letter and Sewer Annexation Agreement are on
file in this office.
Very truly yours,
~~L~~_~_~
Lucille Williams
City Clerk
LW/SL/dc
Ene.
"Equal Employment and Affirmative Action Employer"
.~> '-, .::---' '
, I
':BeLLeair ~a"ric6, ~ HC.
WHOLESALE FABRICS AND SUPPLIES
1530 u.s. 19, So. . P. O. Box 5022 . CLEARWATER, FLA. 33518 . TEL. 531-5802
September 26, 1979
RECEIVED
Mr. Anthony L. Shoemaker
City Ball
112 S Osce.la Ave.
Clearwater, Fl 33515
OCT 16 1919
CITY CLERK
Dear Mr. Shoemaker :
My partDers and I have executed two agreemeats to aDDU
property into the City prepartory to development. We preterred
tea 8IlDex, but are unable to do so because a County enclave
would result, makiDg any aIUlaatioD a violation ot State law. ,
Attached is a drawiag ot the area outlining the properties involved.
We uaderstaod that the subject property is located in the
City'. East Sewage Treatment Plant, allocations to which are
governed by an "Administrative Moritorium." lRcluded in tbis mora-
torium is a provision disallowing sewer main extensiens which
exceed 450 feet.
It will require .early 450 teet of sewer main extension
east on Nursery Road, plus 8D estimated 50 feet south to reach
the property.
We respectfully request that you waive this section of
the moratorium aDd allow us to cODDect to Clearwater's
s8Ditary sewer system.
SiDcerely yourf,
4'~ &L
Noel LeCher
. r ~
lO(0
q
v