SIDEWALK WAIVER GRANTED (282)
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THJA AGREEMENT, made and entered into this 3 day of AJ o--U€-f'Vl:belZ--"
A. D. 19 0)..-; by and between the CITY OF CLEARWATER, E40RIDA, a municipal
corporation, hereinafter referred to as "City"; and fVl.c <rMu D,L W;::f-L-~AJUj(
, hereinafter referred to as "Owner"; U. V i
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A G R E E MEN T
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WITNESSETH:
WHEREAS, the Owner owns the following described real property
situated in the City of Clearwat~r, Pinellas County, Florida, to wit:
3 0 ~3 Oa..)~- C- t....e-e- /C- 1+11 ~. tJ.
C L-w+- rr..- (= Lc..- 3 ;. S I 9
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and
WHEREAS, Sec. 133.09 of the Code of Ordinances of the City requires
that all land that abuts a public right-of-way, which is to have new con-
struction on it, either for residential, commercial, industrial or other
purposes, shall have sidewalks constructed by the Owner on, across or ad-
jacent thereto; and \
WHEREAS, the affected property owner has appealed requesting a
temporary waiver of the sidewalk installation requirement; and
WHEREAS, the City Manager pursuant to Sec. 133.09 (e) (1) 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 i~
hereby acknowledged, the parties hereto covenant and agree as follows:
1. The City in light of the facts found as set forth in Exhibit A
attached ~ereto .and made a part herein as if fully rewritten, grants to
the Owner a temporary waiver of the sidewalk installation requirement im-
posed by Sec. 133.09 of the Code of Ordinances of the City of Clearwater.
2. The temporary waiver granted shall commence on
and run until the condition or reason for granting the waiver as set out in
Exhibit A is removed or otherwise changed.
3. The Owner understands and agrees that the waiver granted herein
is temporary in character and that it does not excuse the Owner or successors
in interest from the sidewalk requirements imposed by Sec. 133.09 of the
Code of Ordinances of Clearwater. The Owner further agrees that should
the condition set out in Exhibit A which presently exists on the property
and which was sufficient to warrant granting the waiver be corrected during
the period of this waiver, then the Owner will immediately comply with the
requirements of Sec. 133.09 as it relates to sidewalk installation.
~. 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 in-
stalled and assess and impose a lien against the described property for the
cost of the work.
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 subsequently executed, and this agreement shall be binding on all
parties, the heirs, personal representatives, successors or assigns.
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6. All notices pursuant to the agreement shall be furnished to
the respective parties- at the fOllowing addressesl until receipt of written
instructions notifying the other party of a different addressl
OWNER; 1) otJr'H....l> WA- L~~4...rp'O..-~
30 ~3 O.4l Q-':k-~ Av~ J
LL..v hz... J r LA 3"3)"1 7
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IN WITNESS WHEREOF, the parties hereto have caused these present
to be executed the day and year last above written.
CITY:
City Manager
P. O. Box 4748
Clearwater, Florida
33518
B
Countersigned:
Mayor-Commissioner
Approved as to form & correctnes-s:
Attest: .
ve~ L~
City Clerk
City Attorney
WITNESSES:
CITY
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this
before me personally appeared
day of
, 19_
and
, respectively City
Manager, City Attorney, 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 execu-
tion 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 affbced thereto, and the said Agreement Is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
My Commission Expires:
Notary Public
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STATE OF FLORIDA 1
COUNTY OF PINELLASl
Before me personally appeared - 4AJ..,/.I~C>6-,'~_~'n- tkJ~ClarileW'. . .: .
to me well known and knO\oJn to me to-be the individuals scriti'edin and
who executed the foregoing agreement and acknowledged before me that
they executed the same for the purposes therei_n expressed,
WITNESS my hand and official seal
19 gv- ~
. this"-.y,.d _day of- j)..D.!Le.mhe(::.
()M.~_J ~
Hotary rUu.l.lC
My Commission Expll~es:
\~ )tory Public, Florida. State at large
My CommissionExpires Feb. 28. 1986
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/1,/. L?1- .37' I (p '. e. . IGPs.fo
p()f Oak Creek at Countryside r as recon1ed in Plat Book 82,
0', of the Public Rc~corc1s of r'in('lla~; County, Florida..
that a survey of :.1\l.' ahove dc~:cribcd property was made
sion and that the sketch hereon is a true and accurate
thereof. I further certify that this survey meets the
requirements adopted by the F.SrP.L.S. and the F~L.T.A.
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C I T Y
OF
CLEARWATER
POST OFFICE BOX 4748
CLEARWATER. FLORIDA 33518
CITY MANAGER
March 3, 1983
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RECEIVED .
MAR 4 1983
Mr. Donald Wa1guarnery
3083 Oak Creek Avenue, No~th
Clearwater, Florida 33519
CERTIFIED MAIL - CIT.YCLERI<
REl'URN RECEIP'l' ~J:RED
Re: 3083 Oak Creek Avenue, North
Dear Mr. Wa1guarnery:
In accordance with Section 133.Q9 of the Code of Ordinances of the
City of Clearwater, I have reviewed your request for te~l'oraq sidewalk
installation waiver.
I realize that the matter of City sidewalk requirements in the Oak
Creek at Countryside subdivision ha~ been up in the air for quite
some time. At the City Commissi~n meeting held Februa~ 171 1983,
I received a concensus from the Commtssion to approve sidewalk waiver
~equests for construction in the Oak Creek at Countryside subdivi~ion.
Therefore, I am pleased to inform you that a temporary waiver. of the
sidewalk installation X'equil;'ement is granted on the above-referenced
property. Should it be determined that a sidewalk is required at your
location in the future, it will be installed by the as.se~~ment process.
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cc: Elizabeth S. Haeseker, Assistant City Manager
Roy J. Ayree, Building Director
Keith Crawford, Traffic Engineering Director
Lucille Williams, City C1erk~
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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