SIDEWALK WAIVER GRANTED (252)
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'o.t4499 FAGE 166
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TmSAGREEMENT, made and entered into this 22nd day of December
~. D.'19 76 ,by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City"; and CHARLES A. HALLE EN
& RUTH O. HALLE EN , hereinafter 'referred to as "Owner";
AGREEMENT
and
WIiEREAS, Section 7-6 of the Code of Ordinances of the City requires that all
land that abuts a public right-of-way, which is to have new construction on it, either
for residential, commercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, acros s or adjacent thereto; and
WHEREAS, the affected property owner has appealed requesting a temporary
waiver of the sidewalk installaticl requirement; and
WHEREAS, the City Manager pursuant to Section 7-6 (4) (a) has found the
following conditions exist, as set out in his findings attached hereto as Exhibit A,
such as warrant the granting of a temporary waiver; and
WHEREAS, the owner of the property described herein understands that the
waiver granted herein is only temporary in character and that this agreement must
provide a reasonable period of time for the waiver to be effective;
NOW, THEREFORE, in consideration of the foregoing premises and other
good and valuable consideration between the parties, receipt of which is hereby
",\ t acknowledged, the parties hereto covenant and agree as follows:
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1,~ 1. The City in light of the facts found as set forth in Exhibit A attached
rv) hereto and made a part herein as if fully rewritten, grants to the Owner a temporary
~ %lv) waiver of the sidew, alk installation requirement imposed by Section 7 -6 of the Code
"\} of Ordinances of the City of Clearwater.
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2. The temporary waiver granted shall commence on December 22, 1976
and run until the condition or reason for granting the waiver as set out in Exhibit A
x(<.} is removed or otherwise changed.
;;s ~ \. 3. The Owner understands and agrees that the waiver granted herein is
~"" l temporary in character and that it does not excuse the Owner or successors in
~ '':' . interest from the sidewalk requirements imposed by Section 7-6 of the Code of
\ r-I~ Ordinances of Clearwater. The Owner further agrees that should the condition
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,- set out in Exhibit A which presently exists on the property and which was sufficient
J(J, to warrant granting the waiver be corrected during the period of this waiver, then
the Owner will immediately comply with the requirements of Section 7 - 6 as it
relates to sidewalk installation.
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4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed for the described real property in
accordance with City specifications and standards within ninety (90) days from the
notification by the City, then the City may have the sidewalks installed and assess
and impose a lien against the described real property for the cost of the work.
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5. This agreement is to be regarded as a covenant running with the land
regardless of whether it is specifically mentioned in any deeds or conveyance sub-
sequently executed, and this agreement shall be binding on all parties, the heirs,
personal representatives, successors or assigns.
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n.t4499f'AGE 167
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addres ses, until receipt of written instructions
notifying the other party of a different address:
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
CHARLES A. HALLE EN & RUTH O.HALLEEN
7 WINDWARD ISLAND
CLEARWATER, FLORIDA
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
Countersigned:
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. Ma yor- C ommis sion
By
CLEARWATER, iLOItIDA
'~' ';ti/';
1977
WITNESSES:
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J;7.,!;:J'UL~ //7- ~
As to City
CITY
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As to
OWNER
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that_on this lid day of J~ ' 19 77 '
before me.personally appeared f~ r;. 1-~ ~~4. ~ .(Z G-~A.J'A.f..
and ~ ~ ' respectively Ci.l:y Manager, City N'ttorney, City ,
Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporation
existing under the laws of the State of Florida, 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.
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My Commission Expires:
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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Notary Public, State of norida at Large
My Commission Exp:res Sc"t. 29. 1m
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'O.i.4499/lCE 168
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally app~aredel~ tJ.'t'Lzf, ().'~
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they executed
thesame'fo1" the purposes therein expressed.
WITNESS my hand and official seal this '4-~
19 7b · '
day of ~
My Commission Expires:
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January 5, 1977
O.~.449q "!I'~ ~ 69
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MEMO TO FI LE
FROM:
Picot B. floyd, City Manager
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Copies: Mr. & Mrs. Charles A. Halle en, 7 Windward Island
Mr. Ed. Blanton, Building Director
Mr. Robert G. Whitehead, City Clerk
SUBJEGT: Memo Order.., Waiver of Sidewalk Installation
Mr. & Mrs. Charles A. Halle en. Lot 19, Unit 4, Island Estates of
Clearwater, as recorded in Plat Book 51, Pages 32 and 33 of Public
Records of Pinellas County.
In response to a request from Mr. & Mrs. Halleen for a waiver of City require-
ment for installation of a sidewalk at the above described property, in conjunc-
tion with new construction, as required by City Ordinance, I have examined this
property and the following are my findings:
1. There are no sidewalks existing within 200 feet of the subject property,
2. A sidewalk on this property would not form a part of a route leading to a
school; and
3. The absence of such sidewalk would not present a pedestrian hazard, si nce
this property is at the end of a cuI de sac.
In my judgment, the above findings meet the conditions prescribed in Ordinance
#1624, Section 1, paragraph (4) (a), and therefore a waiver on installation of
the sidewalk at this time is granted.
EXHIBIT A.
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C I -Iy 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
Through the City Attorney
TO:
Mr. Picot B. Floyd, City Mgr. ,
FROM:
M. J. Paroby, Asst. City Mgrl~4 ;#
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation - Charles A. Ha1leen, 7 Windward Island
DATE: January 4, 1977
Recommendation
Sign the attached Sidewalk Installation Waiver Agreement.
Background
The request of Mr. & Mrs. Charles A. Halleen for waiver of Sidewalk
Installation at 7 Windward Island conforms to the provisions of Ordinance
#1624 Section 1 (4) (a) in that there are no sidewalks existing within
200 feet of the subject property, and such sidewalk would not form a
part of a route leading to a school, and the absence of such sidewalk
would not present a pedestrian hazard since this property is at the end
of a cuI de sac.
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CI T I OF CLEA R W ATE R
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FROM: M. J. PuNy, ..... C.., .....'
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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CITY OF CLEARWATER
Interdepertment Correspondence Sheet
Mr. Mike Paroby~ Asst. City Manager
Keith Crawford~ Dir. of Traffic Engineering
Ed Blanton
Sidewalk Waiver at 1 Windward Island
December 22~ 1916
I have reviewed request for sidewalk waiver at 1 Windward Island
with George Haddox~ Architect. This is the last lot on a
cul-de-sac 1n a fully developed area which has no other sidewalks.
Because of its position on the street~ it is not important to
prevent pedestrian hazards; therefore, it meets the requirements
of the Ordinance for a waiver.
This is to recommend that a vai ver be granted.
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