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WATER ONLY - NEWTON LYLE .' AlA 4l- If~ tlc(J'l r. tl" M (., -, 0'31 J I 82025q3~ ~. ~ a:J ni-l~ ..Qot- '<:i ,:t: "i' (yJ ~..-r. ~ 1-< ~ 0 Ii:'! ~ ~,P-:l cr;, .......,;..... i.Y"I. C).~ ..... '-' U 0 ro A . "'.J O~ ':?~~ 0... '::; ~~ ;-:'-~ ~ ~f' (1) ~ ~ ",1..j-) ~ l:J ~ r~" ~'~ r: .;J ~:; . ';;: "'..S e .~ ,"zg ~ t5 ~."I l) ~ ~ ;.:; ,~ <1J :; ~~ 0 ,;~3 ~c: 0 E-i ~ \~> Iroo lJl..f" AGREEMENT (WATER ONLY) 'OJ.5311 rAGE1022 ~ 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; ;:;r C") r \, CD r- ~ ", .1'" ~ ~ ;::.: , ft. C") F'-J :;r n .- C,.: r.) -l --cJ C-J ::r c ... c:: ".):t' co """'i r'-> and WHEREAS, the Owner desires to connect to the City sewer and/or 00 ..... ~ water main and is agreeable to signing an Agreement with the City for co .. 00, o /:t:! ':?' ~ municipal sewer and/or water services,' and L.. 0::; t.. ...:l r-w~~ Z ..H< ~ ~ Co) 0 ~ WHEREAS, the City is agreeable to furnishing said services upon :J~r.::P ""' (:..; 0 t; ~ 0 c.: ~ certain conditions and conslderations; ~~ <~ ~ o NOW, THEREFORE, the parties hereto hereby covenant and agree ". '''I ~ ...,.,......".'l' ~ j 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. '/ . (,,) ) :'~vY~:~ /J( etlf4t4/ :-:'l-'1It"vl!U') 1 ' /./'it I" /' \011: ,~1 J'... lj "---' ',J.,..l,"'-f:)' ',", ~ 11 ;.;Ie,) " / f1.... - 1.~ /" >- ()! -De 0;--Oj'; (; ) j, j Y", '-:,<"" -.-" ,'-":"'-\';-';-;.',''','':::',;-,<.-''',,-,-,.-,,- ," '_""'-(~~:.I"",~-;..;..,--.",;- ,;.'.": ;,;'::~'_. . I I '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 -2- / ~'. --, ':;. . r I r "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: ~~t!'2:ltAL y - '" . ""' ::: ~ .~.?J,...... .... Attest: ", ~ ".....'..,r'., " .... r . .; I (i ~ -' " ~ ';J // cl "y:U""; "1/' , "" " ,) , ...; i,\ '# ... ~ ... ". i, ~ ,~__ '" - -, '. --~-.,',~,,'.~~ City Ci:erk OWNER: ~.~ Byd~. .. __ L . N~~to?_, _ ,_ _e_, ' ',. _. . .. ' " -3- / ..~ ........- )'" I I 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- .....J' .......... saidthis~dayofL.J~-"'--, 19 ~-( My commis~iot,l expires: ." ~' u~~ ,.z:, ,~t',~', ~:'~~ ~tary Public~: ~. ~ ,,'.. = Co ."~.' ~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. ::: _ - - ... .... ~ w .... # ~ . -.; 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 .DondOd I h(u Iro)' hil!.: Jnsur.oc;e, loc. ~. $;~ -- --- - ------ ~ .~~'....,:.. ~',.:'.:![; '":.""'" , , ,,', ,db. . . -.,c",,', '.' ." ,....,. '.' ..J I>,,'.,.. , , UJ:.., ~.' Notary Pub. c .: ,c, I ;~. ' ',. .. J'; .~.r, ~ ..;........ . . . ''"' ~.. ' '; ~': ~ 'ci'~':~,'J V.... J: V,,!/ ..... .. J . .o,J ,;t;>',........~. .4- r'o~ R. 5311 f^GEI026 c.<. 18 X 34 T E R R A C GRANGER DR. '9 (!) ~ Z CC Ill: 7 I 7 z ... 39 z . -' CC 47 " . -I u a: ... 18 CI 0 ... 34 tD a:- NOR NAN DR. 46 - S T E p E T E R A ~ u C Ill: A :. a:: :~ I ~ 3. -' or-: illS 30 ... , _~'~"o ~ I4-f , . j C. R. 61' ~9()' . "'- '"'-. .... .'4 ~.c. 7-1 e- .e T .-.. "4 SI!C. .e-Ie... '"D a.e "'" ~T. 11., II. \\Q t I ci N I ~ I > 'i. CC r1. I , S P J] ME.B M&8 I - 7-1 7 I .J,. U ,.J J ~ P I . I I ME,B 7-2 I @ @ 157 458 ~ C7I [~ 4J iLl w CD 0 ... d 0 M6B ,-- ~ 8 ~ < :IE 240 . 438/ 0" CD ~ 10 M689 Q. ~ y It' Ul ?A(;.E ffif=H G 14 ---"-- IF TO SA M6B 214 -- ., U.5311 f,\cE1027 ~ UI .J ~ III ;z o lJ) .P"tI ~ .. lJ) cl .... ell ::E: 61 'S 'n /) ~\ @o ""' I "" I >. I ., "" I I 0 I ... I , ... I ,""' I ::l , <.;l ",u..'rf s'l1n:l~aH .. ..; // lJ) cz: ." I 0 C on ., ..... I ""' ::l I .. I- > Cl , ~ .. I ""' U \ " CO " aA V3)!1l1, '...- ." 0 D cz: ~ - C] .. ""' I- 0 ::l U .,.; ." vi cz: "VII auaa)! . \\ . ... "- 0 ... lJ) c 0 ... c => -... -- I I I C I ~ ;' # ~ 1U.>-a<""~~v Q~ _ 1"~1~ ~ FORM 123 FLOIlIDA W......, Dud (F..... c-..l , i--- execu tive line I 81114153 C1rhig 1inb~ntur~, 'O.H. 522 1 PAGE 1 6 1 4 Made this 15th day of July iYt~ttn, THOMAS MOTORS, INC., a corporation ezistint under the laws of the State of havint its, principal place of business in the Oounty of State of FLORIDA party of the first part, , A. D. 19 81 , FLORIDA PINELLAS and , and NEWTON LYLE 2230 Drew Street, Clearwater, 33515 of the Ooun'tyof PINELLAS and State of FLORIDA part y of the second part, lIitur1i1itt~, That the said party 01 the first part, for and in consideration of the sum ofTEN and other good and valuable consideration---($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 40 41 0001. 16 7,uD 22~.UO 232.00 81 cOf~ 11 Chg ~ 7~ 00 41 OS ~ ~ S'. C) (;> 43 Int _ ~ Tot .:< =3 ~. 0 0 ~ . ..e 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) .~ ~ --J.. "J ..." ~ .. "'J " ,~'~ ~,'1", ~ j ~: l'"' ~ ~ ~ ~ ~Q j'~~ ~ \(()~ ,,~~ \j' ~ (!Jur ilrr!il'u!1': .d.ttest: _......... "_.,,,..,,~ ' ~ ------ '. ~- , \ .,:,:' MIDST ATE LEGAL SUPPL Y CD" INC.:'" ORLANDO: FLORIDA -- eJ &tatt of 3Jf1urroa J a.R. 522 1 PAGE i 61$ mD~ of PI~ELLAS J E.rrtbg C!lrrttfg That on this beloreme personally appeared } ~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< '-""""": \~.\ ',df~'ll ~II", ..' . ... . ',. - ...:/,.'.0 I ... 'ro ' > .,:-~~ l;;" /~:,c:."~ .; f.i C" '~~ ~: :. ~ ,~ . ~ - ~,-=:'..~l, :".::: '. .'-. ~ 1/ . 0 ' I . ~ .",\ "., '.J.. ...".. ... ......... (;'1 '. . ,-. . '';" . . . . . . ... ~, ~/J, . ,." ,I ,\\,' , ~~ Z 0 - ~ t: t~t z - 0 == ~ c;..; ::.I 00 ~ ~ -= II. 0 ~ II: e-. ~ e 0 0' U ~ t; 0 II: ~ . L E- 00 = Q;) < .... = Q --- . ~ ---- C";, "' ~ <eI r-~- U,~ b J....:> 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