788-22 Vacation of ROW Dollar General Alleyway

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INSTR# 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