Loading...
1960-03 OR Book 148 Page 647 AGREEMENT WHEREAS, the CITY OF CLERMONT, a Municipal Corporation, in Lake County, Florida, FIRST PARTY, has acquired from JOHN M. BOYETT and wife, DOROTHY E.BOYETT, of Clermont, Lake County, Florida, SECOND PARTIES; the following described real property in Clermont, Lake County, Florida: . North 120 feet of Lot 235; and the North 120 feet of the East 5S. 76 feet of Lot 234, Clermont Heights, as represented on Plat thereof, and as further represented on the Official Map of the City of Clermont, both being duly filed and recorded in the Public Records of Lake County, Florida, for the purpose of the first party locating thereon a well, pump and service storage tank, of concrete or metal; and, WHEREAS, the second, parties, in the further consideration of the con- veyance of said property, requested that the City of Clermont, enter into an agreement with them for the fencing, beautification and maintenance of the property, to avoid depreciation of adjoining property: and, WHEREAS both parties are entering into this agreement for the purpose of putting in writing and of record the whole of the agreement between the respective parties hereto;and; therefore, In consideration of the monies herewith, paid the parties of the second party by the first party in full payment of the premises hereinabove described and on this date conveyed by second parties to first party; and in the further consideration of the covenants and agreement herein contained, it Is mutually AGREED between the parties hereto: 1. That the first Party will obtain and furnish, at its expense, evidence of title to the above described property, conveyed to it on this date, and will in addition thereto furnish the required documentary stamps to, be affixed to said deed, and will pay the cost of recording this agreement in the Public Records of Lake County Florida. 2. That the West 6 feet of the above desctibed property is now being . used by the first party for a water main heretofore constructed and otherwise installed in said area, and by the Florida Power Corporation for its power lines; and the second parties plan and anticipate in the future to re-plat and, re-subdivide the lands hereinabove described, together with -adjoining lands and when so done by second parties the first Party will re-convey to second parties the above lands so that it may be included in said plat, of.which the West 6 feet thereof will become a part'of the East 1/2 of service alley or street on said plat; and when said plat is recorded in the Public Records of this County the second parties will re-convey to the first party the above" described lands as, re-platted in said plat. 3. That first party will fence the entire area above conveyed with a chain-link fence at least 6 feet in height, installed on steel posts set In con.. crete, and Said fence shall be erected 3 feet behind the boundary lines of the O R Book 148 page 648 above premises on the North, South and Eaat sides thereof, and 9 feet , behind the West boundary thereof. In said, 3 foot area on the North, South. and East side thereof first party will plant, fertilize and otherwise main- tain hereafter, a planting of ligustrum with the plants set:not more than 3 feet apart. On the West side a like planting within 3 feet of the fence. 4. If possible, all power service lines required for pumps, lights or any other improvements needed on the above described premises are to be installed underground. 5. The general maintenance and upkeep of the entire premises, includ- ing the fence and plantings are to be in keeping with adJoining property, there- by avoiding the depreciation in value of adjoining property by reason of any installation or Improvements made on the above described premises. IN WITNESS WHEREOF,the City of Clermont has caused its Common seal to be hereto affixed, and the second parties have. hereunto affixed their hands and seals this December 6, 1960. CITY OF CLERMONT By: Mayor Attest City Clerk (First Party) Witnesses As to both parties (Second Parties) . STATE OF FLORIDA, COUNTY OF LAKE. I HEREBY CERTIFY, That on,this day personally appeared before me, an. officer duly authorized to administer oaths and take acknowledgments, JOSEPH BON JORN and A. M. JOHNSON, Mayor and City Clerk respectively of the CITY OF CLERMONT, a Municipal Corporation under the laws of the State of Fiorida, to me known to be the persons described in and .who executed the foregoing Agreement; and severally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said. corporation, and the said instrument is the act and deed of said corporation Witness my signature and official seal at Clermont, said County and State, this 6th day of December A. D. 1960. Notary Public, State of Florida at Large My Commission ExpIres Sept. 14, 1962 Bonded by American Surety Co. of N. Y. STATE OF FLORIDA. COUNTY OF LAKE I HEREBY CERTIFY, That on,this day personally appeared before me an . '..2- OR Book 148. PAGE 649 officer duly authorized to administer oaths and take acknowledgments, JOHN M. BOYETTand wife; DOROTHY E. BOYETT, to me well known and known to me to be the individuals described in and who executed the foregoing Agreement, and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Clermont, County of Lake, and State of. Florida, this 6th day of December ,A. D., 1960. Notary Public State of Florida at Large My Commission Expires Sept. 14, 1962 .Bonded by, American Surety Co. of N. Y FILED IN THE OFFiCE OF,THE CLERK-OF THE CIRCUIT COURT OF LAKE' . COUNTY, FLORIDA, ON JAN 23 1961 AT 9:43 O'CLOCK AM AND RECORDED IN THE OFFICIAL RECORDS BEGINNING WITH BOOK NO 148 PAGE 647 AND RECORD VERIFIED CLERK AGREEMENT WHEREAS, the CITY OF CLERMONT, a Municipal Corporation, in Lake County, Florida, FIRST PARTY, has acquired from JOHN M. BOYETT and wife, DOROTHY E. BOYETT, of Clermont, Lake County, Florida, SECOND PARTIES, the following described real property in Clermont, Lake County, Florida: North 120 feet of Lot 235; and the North 120 feet of the East 55.76 feet of Lot 234, Clermont Heights, as represented on Plat thereof, and as further represented on the Official Map of the City of Clermont, both being duly filed and recorded in the Public Records of Lake County, Florida, for the purpose of the first party locating thereon a well, pump and service storage tank, of concrete or metal; and, WHEREAS, the second parties, in the further consideration of the con- veyance of said property, requested that the City of Clermont enter into an agreement with them for the fencing, beautification and maintenance of the property, to avoid depreciation of adjoining property; and, WHEREAS, both parties are entering into this agreement for th.e purpose of putting in writing and of record the whole of the agreement between the respective parties hereto; and, therefore, In consideration of the monies herewith paid the parties of the second party by the first party in full payment of the premises hereinabove described and on this date conveyed by second parties to first party; and in the further consideration of the covenants and agreement herein contained, it is MUTUALLY AGREED between the parties hereto: 1. That the first party will obtain and furnish, at its expense, evidence of title to the above described property, conveyed to it on this date, and will in addition thereto furnish the required documentary stamps to be affixed to said deed, and will pay the cost of recording this agreement in the Public Records of Lake County, Florida. 2. That the West 6 feet of the above described property is now being used by the first party for a water main heretofore constructed and otherwise installed in said area, and by the Florida Power Corporation for its power lines; and the second parties plan and anticipate in the future to re-plat and re -subdivide the lands hereinabove described, together with adjoining lands, and when so done by second parties the first party will re-convey to second parties the above lands so that it may be included in said plat, of which the West 6 feet thereof will become a part of the East 1/2 of service alley or street on said plat; and when said plat is recorded in the Public Records of . this County the second parties will re -convey to the first party the above described lands as re-platted in said plat. 3. That first party will fence the entire area above conveyed with a chain -link fence at least 6 feet in height, installed on steel posts set in con- crete, and said fence shall be erected 3 feet behind the boundary lines of the above premises on the North, South and East sides thereof, and 9 feet behind the West boundary thereof. In said 3 foot area on the North, South and East side thereof first party will plant, fertilize and otherwise main- tain hereafter, a planting of ligustrum with the plants set not more than 3 feet apart. On the West side a like planting within 3 feet of the fence. 4. If possible, all power service lines required for pumps, lights or any other improvements needed on the above described premises are to be installed underground 5. The general maintenance and upkeep of the entire premises, includ- ing the fence and plantings are to be in keeping with adjoining property, there- by avoiding the depreciation in value of adjoining property'by reason of any installation or improvements made on the above described premises. IN WITNESS WHEREOF the City of Clermont has caused its common seal to be hereto affixed, and the second parties have hereunto affixed their hands and seals this December 6, 1960. CITY OF CLERMONT Mayor Attest City Clerk (Seal) First Party Second Partyies WITNESSES: As to Both Parties ST ATE OF FLORIDA, COUNTY OF LAKE. . I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOSEPH BON JORN and A. M. JOHNSON, Mayor and City Clerk, respectively of the CITY OF CLERMONT, a Municipal Corporation under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing Agreement, and severally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said corporation, and the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Clermont, said County and State, this 6th day of December, A. D. 1960. Notary Public, State of Florida at Large My CommiSSion ExpIres Sept. 14, 1962 Bonded by American Surety Co. of N. Y. ST ATE OF :FLORIDA, : COUNTY OF LAKE. I HEREBY CERTIFY, That on this day personally appeared before me, an . ':". -2- officer duly authorized to administer oaths and take acknowledgments, JOHN M. BOYETT and wife, DOROTHY E.. BOYETT, to me well known and known to me to be the individuals described in and who executed the foregoing Agreement, and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Clermont, County of Lake, and State of Florida, this 6th day of December, A. D. 1960. Notary Public Notary Public. State of Florida at large My Commission Expires Sept. 14. 1962 Bonded by American Surety Co. of NY -3-