SANITARY SEWER AND RECEIPT OF PAYMENT
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AGREEMENT
THIS AGH.EElv1ENT, made and entered into this ~~ay of ~~.. ,
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1975, by and between ALLEN M. McMUI"LEN land ANN R. McMULLEN. ?is wife
, 00260 Santa Rosa, Clearwater, Florida 33516
hereinafter referred to as "Owner", and the CITY OF CLEARWATEH, FLORIDA,
a municipal corporation, hereinafter referred to as "City";
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WITNESSETH:
WHEREA~'::, the Owner presently owns the following describe real pro-
perty situated in the City of Cleanvater,Pinellas County, Florida, to wit:
Lot 25, Block B, VIRGINIA GROVES TERRACE FIFTH
ADDITION, according to the map or plat thereof as
recorded in Plat Book 51 Pages 43 and 44 of the Public
Records of Pinellas County, Florida.
and
WHEHEAS, the Owner is desirous of and has requested the City to install
C' :;~'t}itary sewer line and facility to make sanitary sewer service available to
serve their. said property and that they be permitted to tapJnto said sani';3ry
sewer line upon installation; and
WHEREAS, the Owner is agreeable to have the City of Clearwater com-
plete said special improvement and upon completion thereof to have the City
immediately file a lien against their said property in the amount of their pro-
rata share of the cost of the installation of said sanitary sewer line and facility;
and
WHEREAS, the City is willing to install said sanitary sewer line and
facility to serve said property under certain conditions;
NOW. THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties hereto covenant and agree
as follows: .
1. The Owner agrees that the City may immediately commence and
complct~ the installation of a sanitary sewer line and facility to serve the real
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property owned by them, legally described as follows:
ji:.ot 25, Block B, VIRGINIA GROVES TERRACE FIFTH
A.DDITION, according to the map or plat thereof as
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~ecorded in Plat Book 51 Pages 43 and 44 of the Public
ilecords of J='inellas County,. Florida.
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and that upon completion of said work that the City may immediately file a lien
against the said real property in the amount of the Owner's pro-rata share for
the installation of said sanitary sewer line and facility. Said lien shall provide
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that it may be paid in ten equal annual payrnents in the office of the City Clerk
with interest at the rate of 8% per annum from the date of the lien until paid
and in case of default in the payment of said minimum annual payments, to-
gether with the interest thereon, that the City may take immediate steps to
enforce said lien by foreclosure or other proceedings. Said lien shall also
provide that if the City 1S required to enforce the collection thereof by fore-
closure or other legal proceedings, that the Owner shall be responsible for
~he paYlY'cntof legCll fees and all conts of said proceedings.
'Z. The Qwner by this Agreement hereby specifically grants unto the
Qity of Clearwater a lien in the amount of the Owner I s pro-rata share for the
which is $~ 684:S--o
installation of said sanitary sewer line and facility/against the above described
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real property owned by them and waives all requirements and entitlement to
the conduct of and notice of any public hearing or hearings by the City of
Clearwater for a special improvement assessment against their said property
for the installation of said sanitary sewer line and facility. The Owner further
agrees up':m the request of the City to execute all additional instruments, if
any, which may be required to formally grant unto the City a lien against their
described real property.
3. The City agrees to permit the Owner upon the completion of said
installation to connect to said sanitary sewer line under the same conditions
as other owners are permitted to do so.
4. This Agreement shall be binding upon the heirs, administrators,
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personal representatives, successors and assigns of the parties hereto and
a copy thereofmay be immediately filed in the Public Records of Pinellas
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County, Florida, by the City so as to serve as notice thereof to all other
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persons.
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the date first above written.
Witnesses: "
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~;ye~<-_/ A en M. ~cMullen, Jr. l
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_ (SEAL)
(SEAL)
CITY 0 < CLEARWATER, FLORIDA
By ; 'M&r/3, -R~\~
,City M~
Approved as to form and
Countersigned:
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Mayor-Comm' ioner~
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 acknowl-
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edgments, personally appeared ALLEN M. McMULLEN, and ANN R. McMULLEN,
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 afore-
said this d u/ day of ~4/L.-c..-~ , 1915.
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::: MiCommission Expires: 7-/~-7,?
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STA TE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY. that on this:2'f-t:/:.:day of\~
1975. before me personally appeared PicotB. Floyd. Herbert M. Brown.
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 indiyiduals 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.
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N) ry Public ~_, ~ -.: ~
My Commis s ion Expires:
N- - -. .
ofory PuHe, State of Flo"d" at large
My Commissien Expi,.. 5"",. 2?, 1977
Bonded by Americ~n Firc.& CO$ualty c.;.
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.April 10, 1975
Ma. . Mra. Allen M. McMullen
2&11 State Road 588
Clearwater, Florida 33516
Dear Mr. I; Mr.. MoIIul1en:
Receipt ie hereby acknowledged for your check in the
amount of $684.50. Tbis check being full payment for
sanitary ....r. to aerve Lot 25, Block B, Virginia
Groves Terrace Fifth Addition. '
The Agreement dated March 24, 1975, between you and
the City of Clearwater is therefore cancelled.
Very truly your.,
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Director of Public Work.
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