WATER ONLY - NEWTON LYLE
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AGREEMENT
(WATER ONLY)
'OJ.5311 rAGE1022
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THIS AGREEMENT, made and entered into this I ()
da y of
(J Jd, . . A. D.. 19 fv, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
NEWTON LYLE.,
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:
f BL. D.
Lot 26,/1 st Addition to Temple Terrace Subdivision,
according to the map or plat thereof as recorded in
Plat Book 41, page 9 of the Public Records of Pinellas
County, Florida;
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WHEREAS, the Owner desires to connect to the City sewer and/or
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o /:t:! ':?' ~ municipal sewer and/or water services,' and
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~ Co) 0 ~ WHEREAS, the City is agreeable to furnishing said services upon
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o NOW, THEREFORE, the parties hereto hereby covenant and agree
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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.
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'o.R-5311 f^GE1023
The City shall not be liable for any damage resulting from any unavoidable
ces s ati on of service
caused by Act of God, necessary maintenance work,
or any cause beyond the control of the City.
z. 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 proces sing.
(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
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"0. R. 5311 fM;::1024
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.
Witnesses as to Owner:
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Attest:
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City Ci:erk
OWNER:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
ro, R. 5311 rAGE1025
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
. Newton'Lyle'" . ",
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-
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saidthis~dayofL.J~-"'--, 19 ~-(
My commis~iot,l expires:
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~f1try Pu~I;c: State o( Florida at lar~ \'-;-'-:;"" J. -6
, s!:~~~~m/sSlon Expires Oa,31,I983 .... '>;;'" '- ~
Y Amencan Fife &. CaSi.l"lty Ccmpany. ~'-i ...." ,.::, . :.....:.1. ::: _ - -
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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.
My cC?mmission expires:
Notary Pub6c, Stat~fRor~
My Comirlission Expires July 5, 1985
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Q~ _ 1"~1~ ~ FORM 123 FLOIlIDA W......, Dud (F..... c-..l
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81114153
C1rhig 1inb~ntur~,
'O.H. 522 1 PAGE 1 6 1 4
Made this 15th day of July
iYt~ttn, THOMAS MOTORS, INC.,
a corporation ezistint under the laws of the State of
havint its, principal place of business in the Oounty of
State of FLORIDA party of the first part,
, A. D. 19 81 ,
FLORIDA
PINELLAS
and
,
and
NEWTON LYLE
2230 Drew Street, Clearwater, 33515
of the Ooun'tyof PINELLAS and State of FLORIDA
part y of the second part,
lIitur1i1itt~, That the said party 01 the first part, for and in consideration of
the sum ofTEN and other good and valuable consideration---($lO.OO)----Dollars,
to it in hand paid, the receipt whereof is hereby acknowledted, has tranted, bar-
tained, sold, aliened, remised. released, conveyed and confirmed, an.:J. by these
presents doth trant, bartain, sell, alien, remise, release, convey and confirm unto
the said party of the second part, and or hi s heirs and assitns
forever, all that certain parcel of land lyint and beint in the County of
PINELLAS and State of Florida, more particularly described as follows:
Lot 26, Block D, TEMPLE TERRACE SUBDIVISION FIRST ADDITION,
according to the map or plat thereof as recor.ded in Plat Book
41, page 9, public records of Pinellas County, Florida.
Subject to easements and restrictions of record.
Subject to taxes for 1981 and subsequent years.
20 C!50ItJ:374 75
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81
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mn.grt~rr with all the tenements, hereditaments and appurtenances, with
every priuilete, ritht, title, interest and estate, reversion, remainder and easement
thereto belontint 01' in anywise appertainint:
Wn lQaue aub tn llnlb the same in fee simple forever. .
.d.nd the said party of the first part doth covenant with the said party... .'of
the second part that it is lawfully seized of the said premises; that they are free
of all incumbrances, and that it has tood ritht and lawful authority to sell the
same; and the said party of the first part does hereby fully warrant the title to said
land, and will defend the same atainst the lawful claims 01 all persons whomsoever.
1Jumuurss mbrr.rnf. the said party of the first part has
caused these presents to be sitned in its name by its President,
and its corporate seal to be affixed, attested by its
the day and year above written.
(Oorporate
Seal)
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MIDST ATE LEGAL SUPPL Y CD" INC.:'" ORLANDO: FLORIDA
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&tatt of 3Jf1urroa
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a.R. 522 1 PAGE i 61$
mD~ of PI~ELLAS
J E.rrtbg C!lrrttfg That on this
beloreme personally appeared
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~lj,~w<of THOMAS MOTORS, INC. , a corporation
under the laws of the State 01 FLORI DA , to me known to be the
persons described in and who executed the loretoint conveyance to
15th day of
ERNEST L. THOMAS
President mx
July
A. D.198l ,
"ta1Ux
NEWTON LYLE
and severally acknowledted the execution thereof to be their free act and deed as
such ofltcers, for the uses and purposes therein mentioned,' and. that they affixed
thereto the ofltcial seal of said corporation, and the said instrument is the act and
deed of said corporation.
lIIUnrslI my sitnature and ofltcial seal at
in the County 01 PINELLAS
year last aforesaid.
Clearwater
and State of Florida, the day and
My Commission Expires
NOTARY PUSlIC SiA7~ OF FLORIDA AT LARGE
MY CO,\',MISS:ON Ei,?IP.ES SEPT 131984
80NDED THR.U GEI\~ilAL INS. UNDERWR I TER<
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO: Thomas A. Bustin, City Attorney
FROM: David P. Healey, Planning Director
COPIES:
DATE: February 2, 1982
SUBJECT: Agreement to Annex - ATA 82-1-145 (Lyle)
The subject agreement to annex was approved by the City
Commission at its meeting of January 21, 1982. Attached
are the two originals of that agreement for execution.
DPH/GL/dw
Attachments