SIDEWALK WAIVER GRANTED (234)
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O.R. ~ 9 5 8 P~GE 129
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November 19, 1979
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MEMO TO FILE
1
ManagetL
FROM: Anthony L. Shoemaker, City
COPIES TO: Christopher R.and Sharon M,. Bartk ,406 Anna
Avenue, Clearvlater 33515
Max Battle, Director of Public Works
Roy Ayres, Building Inspection Director
SUBJECT: MEMO ORDER: Waiver of Sidewalk Installation
Christopher R. and Sharon M. Bartkus
Lot 154, Glenwood Subdivision
602 Smallwood Street
In response to a request from Mr. and Mrs. Bartkus for a
waiver of requirement for installation of a sidewalk at the
subject property in conjunction with new construction as required
by City Ordinance, I have examined this property and the
following are my findings:
1. There are no sidewalks within 200 feet of the property,
and this is the last lot to be developed in this area;
2. A sidewalk on this property, at this time, would not form
a part of a route leading to a school; and
3. The absence of such a sidewalk would not present a pedes-
trian hazard.
In my judgement the above finds meet the conditions prescribed in
Ordinance 1624, Section 1, Paragraph (4) (a) and therefore a
waiver of installation of a sidewalk at this time is. granted.
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THIS AGREEMENT, made and entered into this n day of ~ioh el<. U
A.~. 19-t 71 ' by and between the CITY OF CLE.ARW~TER, FLORIDA, a municipal
oorporation, hereinafter referred to as "City"; and"'C~ft':st.J)A~it If, k,JJ.. SJ.4~N' All,
01 c~~~J:' " , hereinafter 'referred t<T!~:': ~rlJ'; , c=>.
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41 DS = W l".1.'J.iESSETH: Ule \ ~ \ ~
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Tot 13 .o-<-'".vwHEREAS, the Owner owns the following" described real property situated in CO
the City of Clearwater, Pinellas COtmty, Florida, to wit: " ~
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~REAS, Sectian 7-6 of the Code of Orn;""~""ces of the City requires that all
land that abuts a public right-ai-way, which is to have new construction on it, either
for residel;1tial, com:mercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, across or adjacent-thereto; and
WHEREAS, the wected property owner has appealed requesting a tem.porary
wai ver of the side-..raJ.k installation requirement; and
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WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
following conditions enst, as set out in his findings attached hereto as Exhibit A,
such as warrant the granting of a temporary waiver; and
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J ~ WHEREAS, the owner of the properly described herein understands that the
, ~ ~ river granted herein is only temporary in character and ~tthis agreemel;1t must
~ ~ ~rovide a reasonable period of time for the waiver to be effective;
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~ g fj NOW, THEREFORE, in consideration of the foregoing premis es and other
t: 0 :;;good and valuable consideration between the parties, receipt of wbich is hereby
U ~ ~cknowledged, the parties hereto covenant and agree as follows:
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~ 1. The City in light of the facts fO'UI1d as set forth in Exhibit A attached
Uhereto and made a part herein as ~ fully rewritten, grants to the Owner a temporary
waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
of Orainances of the City of Clearwater.
2.. The te~porary waiver granted shall commence on J~ Ii../( If 79
and rc.n until the condition or reason for granting the waiver as set out in Exhibit A
is removed or otherwise changed.
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;. ~~ .3 ~~ tem.porary in character and that it does not excuse the Owner or successors m
~ ~~~ ~ $ wterest frCtn the sidewalk requirements iInposed by Section 7 -6 of the Code of
S . ~ ; OrrHTI:l'nces of Clearwater. The Owner.further ag;rees that should the condition
~ ~ G ~. set out in Exhibit A which presently e:dsts on the property and which was sufficient
S ~ b 6: to warra.:lt granting the ~iver be corrected during the perioci of tbis waiver, then
~ 0 E the,.:.O:w:D.er.'Willi.mm.ediately comply with the requirements oJ Section 7-6 as jt
~ 0 relates to sidewalk instal.b.tion.
3.
'rhe Owner understands and agrees that the waiver granted herein is
4. II the Owner or his heirs, personal represen~atives, successors or
a.~sigus .b.a.ll fail to have sidewalks installed for the described real property iD
accorda.nce with City .pecifica.~on. and .tandards within ninety (90) days from the
notifica.tion by the City, tilen the City may have ~e sidewa.lk~ instilled and a.ssess
and iInpoee a lien 'against the d~scribed real property for the cost of the work.
5. This agreement is to be regarded a.s a covenant T"''I'ITI;T1g with the land
rega.rdless of whether it is specUic::al:1V'lmentioned in any deeds or conveyance sub-
sequently executed, and this agreement .-.,u be binding on all parties, the heirs.
personal representatives, successors or assigns:
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I
n.R. ~ 9 5 8 PAGE 127
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addresses, .until receipt of written instructions
notifying the ether party of a different address:' " .
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
'IN WITNESS WHEREOF, the pa.rties hereto have ca.used these presents
to be exeCuted the day and year last above written.
CIT/JF
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Attest:" "
rectness:
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City Clerk .
CITY
~~~(SEAL)
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OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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I HEREBY CERTIFY, that on this If-' day of,.. . ./"..(l~ IL./t/, 19 '1.7
before me personally appeared Anthonv 1.. Shoemaker r Thomas A. Rustin r T.llc:i 11 e
and Charles LeCher , respectively City Manager, City Attorney, City
Clerk and Mayor-Com.missioner of the City of Clearwater, a municipal corporatiC]
existing under the laws of the State of Florida, to me known to be the individuais
and officers described in and who executed the foregoing Agreement and severa.lly
acknowledged the execution thereof to be their free act and deed as such officers
thereUI1to duly authorized; and that the official seal of said municipal corporation i.
duly affixed thereto, and the said Agreement is the act and deed of said corporatio:
Williams
WITNESS my signature and official seal at Clear'W'ater in th;.>~ of
Finellasand State of Florida, ~e day and yea last a ve writt ,\,.0\\\1""1, '.
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My Commission Expires: i>; o~", ~
Notary Public, State of Florida at Large
My Commission Expires Aug. 28, 1982
Bonded 8y Americen fire ,& Casualty Company 0.
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O.R. ~ 9 5 8 PAGE
128
STATE OF FLORIDA )
COUl'iTY OF PINELLA.5 )
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Before Ine personally a.ppeared(>,~I.~~r~ It'~ \~t....l Q~K~f~
to m.e well known ~d known to me to be the individuals desc.ribed in and who
executed the foregoing agreem.ent and acknowledged before m.e that they executed
the sa.m.e for the purposes therein expressed.
19
WITNESS m.y hand and official seal this /7~ day of t(}(~.LrJ~.A.-J
-79 ·
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My CommissjOl;l ~es:
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