SEWER - ALBERT H. LEACH AND JACQUELYN M. LEACH (2)
78058616
O.R. 4683 PAGE 2020
This Agreement, made and entered into this 28th day of March, A.D., 1978,
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and
Albert E. Leach and Jacquelyn M. Leach, his wife,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following descr ibed real
property, located outside the municipal boundaries of the City of Clearwater
but within the City of Clearwater service area:
A parcel of land in the SE 1/4 of the SE 1/4 of Section 23, Township 29 South, Range 15 East,
Pinellas County, Florida, together with the East 60.0 feet less the South 10.0 feet of Lots 91
and 91A, BEL-KEENE FIRST ADDITION, as recorded in Plat Book 58, Page 38, of the
Public Records of Pinellas County, Florida, being further described as follows: commence at
the NE corner of the SE 1/4 of the SE 1/4 of said Section 23; thence N 89000'20" W, 142.0 ft.;
thence S 00035118" W, 50.0 ft. to the P.O.B.; thence S 45047'29" W, 35.23 feet; thence
S 00035'18" W, 85.00 feet; thence N 89000'20" W, 120. 00 ft~.; thence N 00035'18" E, 110.00
feet; thence S 89000'20" E, 145.00 feet and
. to the P. O. B.
WHEREAS, the Owner desires to connect to the City sewer main and
is agreeable to signing an Agreement with the City for municipal sewer
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services; and
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WHEREAS, the City is agreeable to furnishing said services upon
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certain conditions and considerations;
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NOW, THEREFORE, the parties hereto hereby covenant and agree
as follows:
1. The City does hereby agree to provide sewer services, subject
to the terms of this Agreement, and to permit the Owner to connect to its
sanitary sewer main at the Owner's expense. The City shall not be liable
for any damage resulting from any unavoidable cessation of treatment caused
by Act of God, necessary maintenance work, or any cause beyond the c antrol
of the City.
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RETURN TO:
CITY CLERK
p.O.BDX4748 , _ .
TC'L' "'J~18
CLEARW A TER, 1.' .fl.. 0..Jv.
This instn1m!?nt was prepared by:
THOMAS A. BUSTU-r, City A.iTomcy
. City of Clearwater, P. O. Box 4748
Qlearwater, Florida 33518
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ro.I..4683 PAGf2021
2. In consideration of the covenants contained in Paragraph 1,
immediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer connection charges and monthly
sewer service charges to the City on the same basis as sewer service
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 I written notice to the property owner, to initiate action to annex the
property to the City. Filing fees shall be waived by the City.
(c) The Owner agrees that the terms and provisi.ons of
this Agreement shall be binding upon its successors and assigns, and
the City shall record this document.
(d) The Owner agrees that the terms and provis ions 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 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 menti.oned in the Deed to said owners.
(e) 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 pr oceedings
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 reas.onable attorney's fee in connection ther ewith.
3. This .Agreement shall continue until cancelled or terminated by
either party giving sixty (60) days' notice (written) to the other party of such
termination.
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I'ri. 4~83 p^Gf2022
4. 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.
CITY OF CLEARWATER, FLORIDA
By4~::ld
lty ana er
COUNTERSIGNED:
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Mayor -Commiss ioner
OWNER:
By '/
, Albe rt H. ach
Witness as to Owner:~. . . \)
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I' ~~ l3F-,,~.(L --'.'-'"._- <.::s TI Jacque~ M. ~ch
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", STATE OF FLORIDA I)
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COUNTY OF PINELLAS )
I ro.-t: 4G83 p~cE2023
*Char1es F. LeCher
I HEREBY CERTIFY that on this 18th day of April
A.D. 1978 , before me personally appeared Anthony L. Shoemaker, Thomas
A. Bustin, R. G. Whitehead and*~br~l-ea~are~, respectively City
Manager, City Attorney, City Clerk and Mayor-Commissioner of the
City of Clearwater, Florida, a municipal corporation, to me known
and 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 corpora-
tion 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 Commission Expires:
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My Commission Expires Sept. 29. 1981
Bonded iy "mtIriun Fir. .. CH\laUy CAla~
STATE OF FLORIDA )
) ss
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 acknowledgments personally appeared Albat.-rl~ ll-'-A-t;;,"/, fl'A,..'~
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to me k own to be the person(s) described in and who executed the
foregoing Agreement and acknowledged before me that he executed the
same.
WITNESS my hand and off~al seal
aforesaid this J.rti day of A .-~
in the County and State last
, A.D., 192L1
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