SIDEWALK WAIVER GRANTED (35)
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~58AGREEMENT
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,. TEIS AGREEMENT, made and entered. mto t!ri.s /\~ day of -1J.i/.(/Y1(bl/~j
A. D. 19...1.1..-, by and between the CITY OF CLEAR W A ~R, ~LORIDA, .. munici pal
o o rp,,+ ati on, her~inafter referre~ to as :'Cityll; and . jUri 'klfl ,.: l1Jttl/:~,
c} u...1rd&117tA..d./ , hereinafter referred to as "Owner";
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WITNESSETH:
O.R. 4 7.81. PAGE 2010
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WHEREAS, the Owner owns the following described real property situated in
01 CiJ~'l ~~rr of Clearwater, Pinellas Cotmty, Florida, to wit: ' ,EO'. . ".>~i
g .",; . L / ) ( ,/ '. . " "., ?lhEl.c S: O. j'L OftlDl .
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~REAS, Section 7-6 of the Code of OrrRn::l'nces of the City reqtri.res that all
land that abuts a public right-of-way, which is to have new construction on it~ either
for residential, coxmnercial, industrial or other purposes, shall havesidewallts
constructed by the Owner on, across or adjacent ,thereto; and
, WHEREAS, the affected property owner has appealed requesting a temporary
waiver of the side-Jalk installation requirem.ent; and
WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
following conditions exist, as set out in bis findings attached hereto as Exhibit A,
such as warrant the granting of a tem.porary waiver; and
WHEREAS, the O'Wner of the property described herein understands that the
~1waiver granted herein is only temporary in character and that this agreem.ent must
~providea reasonable period of tim.e for the waiver to be effective;
o ~ ~ j NOW, THEREFORE, in co~sideration of the foregoing premises and other
~ e5 ~ ~~good and valuable consideration between the parties, receipt of which is hereby
~ C) ~ ~acknowledged, the parties hereto covenant and agree as follows:
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~ E ~ ~ 1. The City in light of the facts fo~d as set forth in Exhibit A attached
~hereto and made a part herein as ~ fully rewritten, grants to the Owner a temporary
~iver of the sidewalk installation requirement inlposed by Section 7 -6 of the Code
"'o! Ordinance so! the City of Clearwater.
2. The temporary waiver granted shall commence on
and rcn until the condition or reason for granting the waiver a.s
is removed or otherwise changed.
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set ut in Exhibit A
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3. The Owner understands and agrees that the waiver gTanted herein is
temporary in character and that it does not excuse the Owner or successors in
mterest frOIIl the sidewalk requirements imposed by Section 7-6 of the Code of
OrrHT'I::I'nces 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 warra::lt granting the 'Waiver be corrected during the period of tbis waiver, then
the Owner will irIunediately comply with the requiremeDt~_ ()i Se<;ti9P.7_6as it-- .
r$tes to !Sidewalk installation.
4. U the Owner or his heirs, personal representatives, successors or
a.ssigns sball fail to have sidewalks installed for the described real property ill
accordance with City speclfica.~ons and standards within ninety (90) days from the
notification by the City, then the City may have ~e sidewalks iDstalled and a.ssess
and iInpose a lien 'against the d~scribed real property for the cost of the work.
5. This agreement is to be regarded as a covenant I"",nn;ng with the land
rega.rdles 8 of whether it is specifically rnentioned in: any deeds or conveyance sub., .
sequently executed, and this agreement shall be binding on all parties, the heirs,
personal representatives, successors or assig::u: ll.[CCROf.D'
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CLERK OIRCUIT COURT
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I O,R, 4 7 81 PAGE 2 0 11
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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 other party of a different address:' ..
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
'IN WITNESS WHEREOF, the pa.rties hereto have .caused these presents
to be executed the day and year last a.bove written. ' .'
CoUntersigned:
. ([)rAez. 1~
Mayor_Co~~ioner
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rrectness:
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City Clerk"
CITY
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AS 'to Owner .
,/ M. ~~~~.,~j(SEAL)
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OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 27thdayof November ,1978
befo.re me per~onally appeared Anthony L. Shoemaker. Thomas A. Bustin.
T,n~I-lle WI-III-ams . t' 1 C.ty M C.ty Att C.ty
a:%fa r1'1~r' PC: P T ",rhPr, respec lve y 1 anager, 1 o rney , 1
Clerk and Mayor_Commissioner of the City of Clearwater, a municipal corporatiOl
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 mUDicipal corporation i.
duly affixed thereto, and the said Agreement is the act and deed of said corporatio:
~WITNESS m.y signatUre and t1fiic~l seal at Clearwater in the q~ty of
Pinellas and State of Florida, ~eday and year last abov:e writte~. '.
My Commission Expires:
Notary Puhlic, State 01 Florida at la~ae
My (f)mmission Expires Aug. 28, 1982
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I .O,R, ~ 781 PAGE 2 012
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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. Before Ine personally appeared '" j,~4dL -" ~.ct~ /'/~'u-;/,(<;:d::/?t~;?(:>'
to Ine well known ~d known to Ine to be the individuals described in and who
executed the foregoing ap-eeInent and acknowledged before Ine that they executed
the same for the purposes therein expressed.
WITNESS InY hand and official seal this
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My Cozmnis &ion EXpires:
lOr" fIlal C STATE OF A.OIIDA AT LAIGI
MY COMMISSION ElCPIREUQ.' '98'
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D.R. 4 7 ~ 1
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November 17, 1978
MEMO TO FILE
FROM:
Anthony L. Shoemaker, City Manag
Copi,as to: Mr. & Mrs. David Lundstrorn, 530 YelVington Avenue
Mr. Ed. Blanton~ Building Director
Mr. Keith C rawfol'd, Traffic Enginee~
Mrs. Lucille Williams, City Clerk~
SUBJECT: MEMO ORDeR: Waiver of Sidewalk Installation:
Mr. & Mrs. David Lundstrom, 530 Yelvington Avenue
Lot 16, Longview Subdivision
In response to a request from Mr. & Mrs. David Lundstrom 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.
2. Th.e sHewalk on this property at this time would not form a part
of a route leading to a school.
3. The absence of such a sidewalk would not present a pedestrian hazard.
In my judgment, the above findings 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.
EXHIBIT A
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cl.TY OF CLEARWATER
Interdep.rtment Correspondence Sheet
TO: Mr. Anthony L. Shoemaker, City Manager
FROM: M. J. Paroby, Asst. City MgreC#-t:1 I'
COPIES:
SUBJECT: Request f or Waiver of Sidewalk Installation;:: Mr. & Mrs. David LundstrOln
530 Yelvington Avenue
DATE:
November 17. 1978
Recommendation
Sign the attached waiver of installation of sidewalk. and initial
the attached Memo Order.
Background_
See the attached Memo to File.
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C 'T Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
TO: Mr. Mike ParobYt Assistant City Manager
FROM: Keith Crawfordt Director of Traffic Engineering
COPIES: Ed Blanton
SUBJECT: Sidewalk Waiver - 530 Yelvington Avenue
DATE: November 1St 1978
We have reviewed the request for a waiver of the sidewalk require-
ment on 530 Yelvington Avenue. This is a lot located on a block
of property which is almost totally developed without a sidewalk
on a single property. It is our feeling that this location meets
the requirements in the City Code for granting the waiver.
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