SANITARY SEWER (46)
IllEGIBLE
ORIGINAL
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
,
F...1TY OF CLEARWATER
_ ' Interdepartment Correspondence Sheet
City Manager
City Attorney
City Clerk and City Engineer
Agreement: Powell McWhirter and wife - Fairburn Subdivision
6/11/58
Attached are duplicate copies of an Agreement dated
June 3, 1958, between Powell M6'Whirter and wife and
the City, in connection with the City'S permission for
him to make a sewer tap.
The content of this Agreement has been appr~ved by the
Engineer and the Commission has previously approved an
agreement similar to this with a Mr. Thorsen on Druid
Road.
Mr.and Mrs. XcWhirter have signed the agreement and I
have approved it.
Please ask the appropriate City~ficials to sign both
copies, after which one copy should be recorded by the
Clerk and the other copy should be returned ~o mafor
delivery to Mr. MCWhirter. City officials' signatures
should be notarized and witnessed.
I am sending a copy of this Agreement to the Engineer.
If he finally approves it, he should notify the Building
Inspector to allow Mr. McWhirter to tap on to the s~F.a ' .
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O,R, 369 PAGE218
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A G R E E MEN T
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THIS AGREEMENT, Made this the 3rd day of June, . J,
1958, between POWELL McWHIRTER and LOUISE H. McWHIRTER,~-?,2,'-':>/
his wife, of Clearwater, Pinellas County, Florida,
hereinafter referred to as OWNERS, and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, herein- C:J~/t:
after referred to as CITY:
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WHEREAS, Owners have fee simple title to the fol-
lowing described real estate located in Pinellas County,
Florida, on which there is constructed a building:
Lots 1 and 2, Block A, Fairburn
Subdivision.
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and,
WHEREAS, said residence does not at this time have
sanitary sewer service and in order to provide the same
Owners have requested permission to tap the existing
sewer main transmission line running along Engman Street
in the vicinity of said property; and,
WHEREAS, it is against City policy to aTIow trans-
mission connections for building service directly to
sewer transmission lines, and City is agreeable to allow-
ing a temporary connection thereto under the terms and
conditions hereinafter set out, to which Owners are also
agreeable;
In consideration thereof, it is mutually agreed and
covenanted as follows:
1. Owners are hereby given theprivilege at their
expense and upon payment of the required tapping fee in
connection therewith of effecting a temporary connection
to the existing Cfty sewer transmission line located on
Engman Street in the vicinity of Owners' property.
2. In consideration thereof, Owners specifically
waive any and all claims for damage or injury that XkKJ
may hereafter arise by virtue of said connection to said
sewer transmission line and Owners release City of any
such claim or cause of action.
3. Owners specificaliy agree that at such time in
the future as City may install a sewer collection system
along Fairburn Street and ot!1.cr streets as sl-.all serve
the above described property of Owners, that Owners will
pay to City such proportionate part of the cost thereof
as shall be assessed against said property provided only
that such assessment shall be levied according to law.
Owners specifically agree not to object to such assessment
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n.R. 369 PAGE219
project and to pay the cost of such assessment promptly
upon the same having been duly and regularly made.
4. Owners further agree that upon such sewage col-
lection system being installed, that they will at their
expense disconnect from said sewer transmission li.ne and
will connect to such sewage collection system, in which
event the City agrees to waive any sewer connection fee
relating to the connection to the sewage collection system
to be installed.
The parties hereto~specifically agree that the terms
and.. condi tions of this Agreement shall be binding upon the
parties hereto, their heirs, successors and assigns and
shall be binding upon the aforesaid property of Owners.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals in person and by and through proper
officials.
Witnesses:
G~);;J~
Powell McWhirter
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Louise H. McWhirter, his wife
Approved as to form and cor-
rectness:
CITY OF CLEARWATER, FLORIDA,
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it Clerk
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I hereby certify that on this ~ day of June, 1958,
before me personally appeared Jack Tallent, R. G. Whitehead,
and Lewis Homer, respectively City Manager, City Clerk and
Mayor-Commissioner of the City of Clearwater, a municipal
corporation existing under the laws of the State of Florida,
to me known to be the individuals and officers described
in and who executed the foregoing Agreement and severally
acknowled~ed 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
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O.R, 369 PAGE220
of said Oorporation.
WITNESS my signature and official seal at Clear-
wa.t'er in the County of Pinellas and State of Florida,
the day and year above written.
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: I~ B<eld~cj.Q~Arnerican Surety Co, ofN, '1...
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STATE OF FLORIDA
COUNTY OF PINELLAS
Witness
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I hereby certify, That on this day personally appear-
ed before me, an officer, duly authorized to administer oaths
and take acknowledgments, Powell McWhirter and Louise H.
McWhirter, his wife, to me well known to be the persons
described in and who acknowledged before me that they exe-
ctited the above Agreement freely and voluntarily and for
the purposes therein expressed.
my hand and official seal at Clearwater, County
and State of Florida, this ~ day of June,
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I O.R. 376 PAGE561
AGREEMENT
THIS AGREEMENT, made this 3~ day of ~LlJOle.- , 1958,
between POWELL McWHIRTER and LOUISE H. McWHIRTER, his wife, of
Clearwater, Pinellas County, Florida, hereinafter referred to as
OWNERS, and the CITY OF CLEARWATER, FLORIDA, a municipal corpora-
tion, hereinafter referred to as CITY:
WHEREAS, owners have fee simple title to the following described
real estate located in Pinellas County, Florida, on which there is
constructed a building:
LOT S I and 2, BLOCK II Cn, FAIRBURN
SUBDIVISION,
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and
WHEREAS, said building does not at this time have sanitary
sewer service and in order to provide the same owners have requested
permission to tap the existing sewer main transmission line running
along Engman Street in the Vicinity of said property: and,
WHEREAS, it is against City policy to allow transmission con-
nections for building service directly to sewer transmission lines,
and City is agreeable to allowing a temporary connection thereto
under the terms and conditions hereinafter set out, to which owners
are also agreeable:
In consideration thereof, it is mutually agreed and covenanted
as follows:
1. owners are hereby given the privilege at their expense
and upon payment of the required tapping fee in connection therewith
of effecting a temporary connection to the existing City sewer trans-
mission line located on Engman Street in the vicity of owners' property.
2. In consideration thereof, owners specifically waive any and
all claims for damage or injury that may hereafter arise by virtue of
said connection to said sewer transmission line and OWners release City
of any such claim or cause of action.
3. owners specifically agree that at such time in the future
as City may install a sewer collection system along Fairburn Street
and other streets as shall serve the above described property of owners,
that owners will pay to City such proportionate part of the cost
thereof as shall be assessed against said property provided only that
such assessment shall be levied according to law. owners specifically
agree not to object to such assessment project and to pay the cost of
such assessment promptly upon the same having been duly and regularly
made.
4. owners further agree that upon such sewage collection
system being installed, that they will at their expense disconnect
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I O.R. 376 PAGE5B2
from said sewage collection system, in which event the City agrees to
waive any sewer connection fee relating to the connection to the
sewage collection system to be installed.
The parties hereto specifically agree that the terms and con-
ditions of this Agreement shall be binding upon the parties hereto,
their heirs, successors and assigns and shall be binding upon the
aforesaid property of OWners.
IN WITNESS WHEREOF, the parties have hereunto set their
and seals in person and by and through proper officials.
Q~m
hands
Wit,nes~"
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Powell McWhirter
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Louise H. McWhirter, his wife.
Approved as to form and correctness:
CITY OF CLEARWATER, FLORIDA
BY:~~
~ City Manager
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Countersigned:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
befor;~:r;~~s~~~i~~f;;::"~~ ;~i:. tit!., d:~ ~~ ~~n~9~:':'is
Homer, respectively, ICi~y Manager, City Clerk and Mayor-Commissioner
of the City of Clearwater, a municipal corporation existing under the
laws of the State of Florida, 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 authorizedr and that the official
seal of said Municipal Corporation is duly affixed thereto, and the said
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I.R. - 376 PAGE563
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agr~exnent is the act and deed of said corporation.
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,,\.\:\~,'~ W~,~S my signature and official seal at Clearwater in the
.:/<.eou~~y ,~~;:'fnellas and state of Florida, the day and year above
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at Large. N
olary Public, State of Florida at Large
M~o Commissiofl Expires May 8, 1960
ndud by Amurican. fire & .,ICasualty. Co~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I hereby certify, That on this day personally appeared before me,
an officer- duly authorized to administer oaths and take acknowledgments,
POWELL McWHIRTER and LOUISE H. McWHIRTER, his wife, to me well known to
be the persons described in and who acknowledged before me that they
executed the above Agreement freely and voluntarily and for the purposes
t,q~+;~!n expressed.
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/'>J>'" wt~ess my hand and official seal at Clearwater, County of Pinellas,
/~... ,Cl8cj,'S't~.t:Er'Qf Florida, this ~D~ day of Q\W'<'\e , 1958.
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