The URL can be used to link to this page

Home My WebLink About788-22 Vacation of ROW Dollar General AlleywayINSTR# 2022013219 OR BK 10528 PG 1736 Page 1 of 3 01/15/2022 08:03 AM Rcpt: 2403296 Rec: 27.00 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller AGREEMENT ARISING OUT OF REQUEST FOR CITY SERVICES OUTSIDE CORPORATE LIMITS THIS AGREEMENT, entered into this 4th day of January 20 22 , between Kim & Tracy Nagelhout hereinafter referred to as parties of the first part, and the City of Zephyrhills, a municipal corporation, hereinafter referred to as the City. WITNESSETH WHEREAS, the parties of the first part owning land outside the corporate City limits of the City of Zephyrhills have requested certain utility services, and WHEREAS, the City Council of the City of Zephyrhills has established a plan for the provision of utility services outside the corporate limits, and WHEREAS, this agreement must be executed by all interested parties for the providing of such utility services. NOW, THEREFORE, BE IT AGREED between the parties hereto as follows: 1. The City does hereby agree to provide services to the parties of the first part consisting of water/sawn to the parcel of land described as follows: Physical Address: 38916 Pretty Pond Road Parcel Identification Number: 35 25 21 0010 06500 0030 ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55 PORTION OF TRACT 65 DESC AS'COM AT TH Legal Descript: NE COR OF THE SEI/4 OF SECTION 35 TH WEST ALG THE NORTH LINE OF SEI/4 306.69 FT TH SOUTI PARALLEL WITH THE WEST LINE OF NE1/4 OF NE1A OF SE 1/4 15.00 FT TO THE SLY R/W LINE OF COUNTRY ROAD FOR POB TH SOUTH 181.00 FT TH WEST PARALLEL WITH THE NORTH LINE OF SE 1/4 88.00 FT TH NORTH PARALLEL WITH SAID WEST LINE OF NE 1/4 OF NE 1/4 OF SE 1/4 181.00 FTi TO SAID R/W LINE THE EAST ALG SAID R/W LINE 88.00 FT TO POB 2. The parties of the first part do hereby affirm that the lands to which said services shall be provided are/ammox contiguous to the corporate limits of the City of Zephyrhills, and that said parties of the first part are the owners of lands involved, described above. 3. By the execution of this agreement the parties of the first part do hereby agree that all lands involved in this agreement shall at the sole discretion of the City, be annexed and become part of the City of Zephyrhills by ordinance when said property becomes contiguous to the corporate boundaries of the City of Zephyrhills. Furthermore, the parties of the first part shall do all things necessary to execute any instruments required to effect such annexation, and in the absence thereof, does hereby appoint the City Manager of Zephyrhills as attorney-in-fact to sign such documents as are necessary for such annexation on behalf of the parties of the first part or their successors or assigns. 4. (a) The parties of the first part shall be liable for all costs incurred in the installation of water lines, sewer lines or conduit of any type for the purposes of providing the municipal services aforementioned and shall indemnify the City against any claim for such installation. (b) If such water lines, sewer lines or conduit will be available to serve other intervening land, the City, at its sole discretion, may reimburse the parties of the first part for a portion of the cost of construction, such reimbursement being consistent with current City policy as expressed by Resolution or Ordinance. (c) Prior to the time that said land area involved is annexed to and becomes part of the City of Zephyrhills, the parties of the first part do hereby agree to be solely responsible for the payment OR BK 10528 PG 1737 Page 2 of 3 of any consumer rate or fee levied by the City of Zephyrhills for the aforementioned municipal service(s) provided to the land involved therein. (d) Default in any payment due the City for such municipal services prior to annexation shall give the City the immediate right to terminate the municipal services provided for above, but shall not operate to waive any other rights to enforce this agreement by the City. 5. Other than timely providing the service as hereinabove referenced, it is agreed that this contract creates no obligation of the City to provide other City services to the referenced property in any manner other than as growth permits in the sole discretion of the City, provided, however, that at any time the City exercised its discretion to provide those services, party of the first part shall be obligated for all costs incurred in the installation of those lines or conduit from the closest feasible attachment point now existing to the boundary line of the property owned by the parties of the first part and contemplated herein as well as within the limits of the referenced property owned by the parties of the first part. 6. Water meters shall be installed on all units (residential and business) located on the above - referenced lands as determined by the City. The party of the first part does hereby agree to become liable for per unit connection fees at the rate existing at the time services are connected plus the costs of water meters installed and the cost of extending the present water/sewax lines to the aforementioned lands. In addition, all costs of inspection of connecting lines deemed necessary by the City shall be billed to party of the first part at City's costs and paid for when billed. Should the party of the first part fail to pay the aforementioned fees and costs with the time designated, the City shall be entitled to a lien against the premises herein described, which shall bear interest at the rate charged for similar liens, and may be foreclosed at the option of the City. Any such foreclosure action shall obligate the party of the first part, in addition to the aforementioned fees and costs, to pay to the City all costs and reasonable attorney fees incurred in such action. 7. Not withstanding the provisions of paragraph 6, above, parties of the first part acknowledge that they are aware of the present connection fees and water meter installation charges; that the charges as to this specific property shall be: 1. Those in effect at the time of connection, the time of application therefor or the time the connection fee is paid, whichever is greater; or 2. The City agrees that the present connection rates in effect at the time of approval of this petition shall apply provided payment is made in full for all such connection charges within ninety (90) days of the approval of this petition. 8. The City's obligation to supply the services herein shall not be binding unless connection fees shall be paid within six (6) months after approval of this petition. All others shall be at the discretion of the City. 9. Parties of the first part do agree to submit all plans, site plans, and construction plans to the City for review prior to the construction of any improvement and do agree to amend those plans to comply with the minimum standards of the City for the construction and installation of public utilities. 10. Parties of the first part shall execute any easement necessary granting unto the City the right to use all streets, alleys, or thoroughfares and utility easements presently located on, or to be 2 OR BK 10528 PG 1738 Page 3 of 3 located on, said lands at a future date in order that the City may have full right of access for the purpose of maintenance of and providing the requested service(s) to said lands. 11. This agreement shall be a covenant running with the land and shall be binding upon all parties, their heirs, administrators, executors, or assigns, it being fully understood between all parties that this agreement is executed in conformity with the appropriate recording statutes and will be,fil ' ° the Official Records of Pasco County, Florida, by either party. ®" CITY OF -EPH ILL ATTER BY: Y.CLE `, I y t J `Q F ® f'Of• V STATE OF FLORIDA COUNTY OF PASCO PRESIDE OF BY: i MAYOR I HEREBY CERTIFY that on this date before me a Notary Public duly authorized in the State and County above named to take acknowledgements, personally appeared W. Alan Knight , President of City Council, Gene Whitfield , Mayor and Lori L. Hillman , City Clerk, respectively, known by me to be the persons described in and who executed the foregoing agreement on behalf of the City of Zephyrhills. WITNESS my hand and official seal in the State and County aforesaid this J�N`day of 1• 120 'Z, -F—. ' .��•► FAITH E WILSON 'F Commission# HH 109785 TARY PUBLIC 20 ZS (SEAL) °rQ Expires March 26, 2025 Commission pi Bonded Thu Troy Fain Insurance 800 3S�•7Pt9 % k0 I W Witness Signature Ses +Primer Name tress Signature ;0 C, k ca, o A Witness Printed Name STATE OF FLORIDA COUNTY OF PASCO , lica i T tur Ap2p`��a Applica Printed ame I HEREBY CERTIFY that on this date before me a Notary Public duly authorized in the State and County above nai ed to take acknowledgements, personally appeared r�iY>7 /Z%a at 67 u- _ - known by me to be the person(s) described in or who produced r it n,, A_se.l L")'V"e's L'Ce"-'Ss identification and who executed the foregoing agreement on behalf of the party of the first part. WITNESS my hand and official seal in the State and County aforesaid this 1 day of Ja'r\-626L r L. , 20 Z?—. ij NOTAL P l IC (SEAL) My Ctrmiss' n xpires:�pr /2-jz L��:�►� JACQUELINE BOGES _�: Commission # GG 276457 Ppb= Expires December 12, 2022 "'''f og v ? • Bonw Troy Fain Ins =c* a00.W019