SIDEWALK AGREEMENT AND WAIVER DENIAL
.,'
I
AGREEMENT
I
pCkAf' '!"r?. , ,7;>
K-~r-17
JJ-
"0
~ .!-
THIS AGREEMENT ~ made and entered into this 5th day of August
A.D. 19 77 , by and between the CITY OF CLEARWATER~ FLORIDA7 amunic:ipal
corporation, hereinafter reierredto as "City"; and David.C. Bassett. et al
, hereinafter 'referred to as "0wnerll;
'NITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
the City of Clea.rwater, Pinellas County, Florida, to wit: .
The west 400 ft. of the south 200 ft. of NW 1/4 of the SW 1/4 of Section
18. T29S, R16E, less the west 221 ft.thereof. Pinetlas County, Florida.
and-
vrFIEREAS~ Section 7 -6 of the Code oi OrrHn:::l.nces of the City requires thai: all
la.:::.d that abuts a public right-of-way~ which is to have new construction on it7 either
for residential, cor.nm.ercial, 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 tem.porary
waiver of the side-...raJ.k installation requirement; and
'VYEEREAS~ 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 tempora.ry 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 tim.e for the waiver to be effective;
L,-
ff'l
NO'W, THEREFORE, in considera.tion of the foregoing pren::ci.ses and other
good and valuable consideration between the parties, receipt of which is 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
hereto and made a part herein as if fully rewritten~ graIlts to the Owner a temporary
waiver of the sidewalk installation requirement imposed by Section 7 -6 oi the Code
of Ordinance s of the City of Clearwater.
2.... The tempora.ry waiver granted shall commence on
and run until the condition or reason for granting the waiver as
is removed or otherwise changed.
August 5, 1977
set out in Exhibit A
3. The OWllerunderstands 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 Section 7 - 6 of the Code of
Ordinances of Clearwater. The Owner. further agrees that should the con.dition
set out in Exhibit.A which presently exists on the property and which was sufiicient
to warrant granting the waiver be corrected duri:lg the period of this waiver, then
the Owner will i:mm.ediately comply with the requirements of Sedion 7 -6 as it
=elates to side'.vaL1l;; installation.
4. If the Owner or bis heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed for the descrihedreal property izl.
accordance with City specifications and standards within ninety (90) days irom the
notification by the City, then the City may have the sidewalks installed and assess
and impcse a lien against the described real property for the cost of the work.
5. This agreement is to be regarded as a covenant r11T1-ni7'l g with the lan.d
regardless of whether it is specifically mentioned in any deeds or conveyance sub-
sequentlY.:lxecuted, and this agreement shall be binding on all parties, the heirs ,
perscnal representatives, successors or assigns.
i Dl-D 3~-OO(Jg)
-.
. .'
~..,'
I'
I
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:
Da vid C. Bas sett
1320 S. Belcher Road
CLearwater, FLorida 33516
'IN' WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
CITY OF CLEA.RWATER, FLORIDA
COUntersigned:-
By
City Manager
Ma yor - C ommis sioner
Attest:
Approved as to fonn &: correctness:
City Clerk
City Attorney
.
WITNESSES:
CITY
8~ -'X!1{._Gi)(SEALJ
(SEAL)
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREB Y CERTIFY, that on this day of , 19
before me personally appeared
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 execution thereof to be their free act and deed a.s 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.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, tlle day and year last above written.
My Commission Expires:
Notary Public
-2-
.,
". ~
.
-,
I
I
STA TE OF FLORIDA )
COUNTY OF FffiELLAS )
Before me personally appeared
to me well known and kc.own tome to be the individuals described. in and who
executed the foregoing agreement and acknowledged before me that they executed
the same for the purposes therein expressed.
David C.
Bassett
WITNESS my hand and official seal this
5th
day of August
19 77
.
My Commission EXpires:
.~- ..... -
~/l ~. . /"){_.- ' -
~~.-~--<--~-
Notary pti,bic "\ -:" - " "-
\ ~ ~
'-
-.:
",'
December 16. 1977
Exhibit "A"
The city plans to construct Druid Road in the near future and would
tear out the sidewalk if constructed now. The waiver will end and
owner will construct sidewaLk at such .time as the city notifies owner
that construction of Druid Road is complete.
J
I
I.~ " l)
~ ./ '-I
September 27, 1977
MEMO TO:
\
FROM:
COPIES: David C. Bassett, 1320 S. Belcher Road
Ed Blanton, Building Director
R. G. Whitehead, City Clerk
SUBJECT: MEMO ORDER - Waiver of Sidewalk Installation, David
C. Bassett, 1320 S. Belcher Road, RE: W 400 Ft. of
S 200 Ft. of NW :! of the SW :! of Section 18, T29S, R16E
Les s W22l Ft., thereof
In response to a request from Mr. Bassett for a waiver of City
requirement for installation of a sidewalk at the above-described
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 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.
In my judgment, the above findings do not meet the conditions prescribed
in Ordinance #1624, Section 1, paragraph (4) (a), and therefore a waiver
of installation of the sidewalk is denied.
EXHIBIT A.
TO:
FROM:
COPIES:
SUBJECT:
DATE:
I
Mr. Mike Paroby, Assistant City Manager
Keith Crawford, Director of Traffic Engineering
Ed Blanton
Sidewalk Waiver on Druid Road
September 26, 1977
cl T Y 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
We have a request for a waiver of sidewalk for a dental clinic
on Druid Road east of Belcher. This is in an area where Druid
Road is not yet built. However, this property abuts the bank
which has a sidewalk on Druid Road extending to the property line
of the dental clinic. It would not be consistent with the terms
of the ordinance to waive the sidewalk in this situation.