SEWER - JAMES W. STEWART AND JUANITA A. STEWART - REF ORIGINAL AGREEMENT WITH AL ROGERO BUILDER INC
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o. R. 4571 p~u 825
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waEREAS, the CITY OF CLEA.RW A TER, a Florida rn'J.!:lcipal
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled IlAgreerr:ent" with A.l Rogero Builder, Inc.,
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on July 8, 1969
for the following described real property located outside the municipal
James W. Stewart and Juanita A.
Stewart, his wife,
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portion is described as follows: That part of Lot 4 of BELLEAIR GROVE FIRST
ADDITION as recorded in Plat Book 46 Page 5 of the Public Records of Pinellas
County, Florida, described as follows: Begin at the Southeast corner of said
Lot 4 and run thence N 0016'53" E, along the Easterly line of said Lot 4,
l27~82 feet; thence N 89018'08" N, 149.38 feet; thence along the Westerly line
of said Lot 4 and a curve to the right whose chord bears S 0002'00" W, 26.94
feet, arc is 26.94 feet and radius is 1161.51 feet; thence S 0041'52" W,
along the Westerly line of said Lot 4, 100.88 feet; thence S 89018'08" E,
along the Southerly line of said Lot 4, 150.00 feet to the POB.
limits of the City of Clearwater:
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Lot 4 less the North 125 feet thereof, Lot 5 less the North 125
feet thereof, and Lot 6, all in Belleair Grove, First Addition,
according to the map or plat thereof as recorded in Plat Book 46,
Page 5, of the Public Records of Pinellas County, Florida
and
WHEREAS, a portion of that property is presently owned by
, hereinafter referred to as "Owner", which
WHEREAS, the sewer service3 ag:Leernent provided for a.n annual
charge for said services, which charge was equivalent to the tax revenue
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___ two (2) years after the signing of the contract and would be terminated when ..... t;l
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the City would receive from real property taxes were the serviced
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- . located wi th~n the City; and
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:I WHEREAS, the contract provided that the annual charge would begin
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the property was annexed into the City; and
WHEREAS, it was the intention of both parties to the Agreement to
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have;said property annexed into the City of Clearwater; and
WHEREAS, it is now apparent that said property cannot be annexed
into tbe City, and the annual charge will continue to be assessed against the
property and will constitute a lien thereon ad infinitum; and
WHEREAS, tbe City wishes to be relieved of its burden of collecting
such annual charges from non-municipal property and the property owners
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.o.R. 4571 r~IE 826
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wish to be released from their burden of having such annual charges assessed
against said property; and
WHEREAS, the City Commission of the City of Cle~rwater has, by
motion dated January 20, 1977, authorized the execution of this Agreement
and Release, which release, or a copy thereof, is attached, marked
Exhibit B, and by reference made a part hereof;
NOW, THEREFORE, the parties hereto hereby covenant and
agree as follows:
1. The City does hereby agree, subject to the terms of this agreement,
to continue to provide the owner with sewer services heretofore provided.
The City shall not be liable for any damage resulting from an unavoidable
cessation of treatment caused by acts of God, necessary maintenance work,
or any cause beyond the control of the City.
2. The City does hereby agree to execute a release reflecting that
the City will no longer impose an annual charge for sewer services on the
real property of the owner. Said release, attached and marked Exhibit B,
shall be executed following payment of the aILTlual charges on the real
property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs numbered
1 and 2 immediately above, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges to
the City on the same basis as persons living outside the municipal boundaries
are charged, and as is provided by City Ordinance, as long as such real
property remains outside the municipal boundaries of the City of Clearwater.
(b) The Owner agrees that this Agreement shall be binding upon
theirheirs, administrators and assigns, and that the City may record this
document if it so desires.
(c) The Owner agrees that in the event that the property which
is the subject of this agreement becomes eligible for annexation, the Owner
shall petition the City for annexation into the limits of the City and as a
matter of fact, this Agreement may be considered a written request to annex.
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t o. R. 4571 PAGE 821
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed this .J2jfy of ~.J
A. D.. 19'J1.
CITY OF CLEAR WATER. FLORIDA
Cormtersigned:
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Mayor -Commissioner
By
Appr oved as to form and
correc s:
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City Clerk
Signed, sealed and delivered in
the presence of:
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In'~/ne~
As to City
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OWNER
STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CERTIFY that on this Jt day of ~~
A. D. 1911, before me personally appeared Picot B. Floyd, ~homas A.
Bustin, R. G. Whitehead and Gabriel Cazares, 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
and State above, the day and year last above written.
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My Commission Expires:
NotCiryPublic. Stahl of Florltfll flt 11;~lIli
My Commission Expires Sept. 29, 1977
Bonded by American Fire & Ca5ualty l.;o.
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o~ ~. 45071 PAGE 828
STATE OF FLORIDA )
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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, pers onally appeared James W. Steward and Juanita A.
Stewart, his wife,
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
aforesaid this 20th day of April , A. D. 19 77
My Commission Expires:
NOrm PUBLIC STATE OF flORIDA AT LARGE
MY COMMISSION EXPIRES NCN. 19 1980
IONDED THRU GENERAL INS UNDERWRITERS
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