SANITARY SEWER (48)
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40 Rec /4
41 St
42 Sur _
43 lot
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'o.~.4411 r^GE 109
MAY 13
3 11 PM '76
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AGREEMENT
THIS AGREEMENT, made and entered into this ~ of ~,
197~, by and between ALLEN He' McLATCHY and GRACE C.' M~L.A.~HY,
his wife,
of
Clearwater, Florida
hereinafter referred to as "Owner," and the CITY OF CLEAR WATER, FLORIDA,
a lnunicipal corporation, hereinafter referred to as IICity";
WI T N E SSE T H :
The west 10 feet of Lot 4, SUBANIS SUBDIVISION,
ACCORDING to the map or plat thereof as recorded
in Plat Book 40, page 32, of the Public Records
of Pinellas County, Florida.
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WHEREAS, the Owner pres ently owns the following des cribed
perty situated in the City of Clearwater, Pinellas County, Florida, to wit:
and
WHEREAS, the Owner is desirous of and has requested the City to insta.ll
a sanitary sewer line and facility to make sanitary sewer service available to
ser Ie their said property and that they be permitted to tap into said sanitary
sewer line upon installation; and
WHEREAS, the Owner is agreeable to have the City of Clearwater com-
plete said special improvem,ent and upon completion thereof to have the City
imm,ediately file a lien against their said property in the amount of tbeir 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
pther good and valuable cons ide rations , the parties hereto covenant and agree
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~s follows:
1. '
;~j 1. The Owner agrees that the City may immediately commence and
complete the installation of a sanitary sewer line and facility to eerve the real
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'O.R.441t PAGE 110
property owned by them, legally des cribed as follows:
The west 10 feet of Lot 4, SUB~N'S SUBDIVISION,
ACCORDING to the map or plat thereof as recorded
in Plat Book 40, page 32, of the Public Records
of Pinellas Cormty, Florida.
and that upon completion of said work that the City may immediately file a lien
against the said real property in the amount of $670.00
which is the Owner 's
pro-rata share for the installation of said sanitary sewer line and facility. Said
lien shall provide that it may be paid in ten equal annual payments in the office
of thG City Cler.k with interest at the rate of 8o/c per annum from the date of the
lien until paid and in case of default in the payment of said minimwn annual pay-
ments, together 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 is required to enforce the collection thereof by foreclosure
or other legal proceedings. that the Owner shall be responsible for the payment of
legal fees and all costs of said proceedings.
2. The OV/.aer by this A green-~ent hereby specifically gr;-nts unto the City
of Clearwater a lien in the amount of
$670.00
which is the' Owner1s pro-rata
share for the installation of said sanitary sewer line and facility c gainst the above
described real property owned by them and waives all requiremenl sand entitlem,ent
to the conduct of and notice of any public hearing or hearings by the City of Clear-
water for a special improvement assessment against their said property for the
installation of said sanitary sewer line and facility. The Owner further agrees upon
the request of the City to execute all additional inst.rwnents, if any. which may be
required 10 formally grant unto the City a lien against their described real property.
3. The City a.grees to permit the Owner upon the completion of said in-
s tallation to connect to .said sanitary s ewer line under the same conditions as other
owners a re permitted to do so.
4. This A greement shall qe binding upon the heirs. adminis Ira tors ,
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O. R. 4411 PAGE 111
personal representatives, successors and assigns of the parties hereto and
a copy thereof may be immediately filed in the Public Records of Pinellas
County, Florida, by the City so as to serve as notice thereof to all othe r
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persons.
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IN WITNESS WHEREOF, the parties hereto have ca',!sed these presents
to be executed on the date first above written.
Vvitnesses: ,-
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As to City
arm and
STA TE OF FLORIDA
, COUNTY OF PINELLAS )
r2& tI~ ~Jj~ (SEAL)
ALLEN H.' McLATCHY - I
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G~ACE C. McLATCHY , ,
CITY OF CLEARWATER, FLORIDA
Counte r signed:
'~h~Jdc?d~~
Mayor- Commi6-(oner
ss:
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-
edgments, personally appeared
McLATCHY, .his wife,
ALLEN H.' McLATCHY and GRACE C.'
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 I)
day of ~
197if.~'-!I; ,
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Notai'y"RubHc-' -:,.~",
My CO~i'}~i ssi tH11!:Xpi r C B :
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t.iOTARYJttlJIUC STArt OF FlOR.IDA AT l,hPr:f
-3- MY COMM!SSION EXPIRES JUNE 21, 1979--
.QOIIIO:;Q ItJRU GENt:RAlINS , UNDERWRiTERS
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
n.R.4411 PAGE 112
I HEREBY CERTIFY, that on this 13 _ day of ~'~
1976. before me pers onally appeared Picot B. Floyd, Thomas 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
of Pin ell as and State of Florida, the day and year last above written.
7~C
Not' y Public
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My Commission Expires:
Notary Public. State of Florida at Larg$
My Commission Expires Sept. 29, 1977
BOnded by American Fire & Casualty CcI.
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