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SIDEWALK WAIVER GRANTED (148) " 78115860 fJ- f ;:~'~g . I A G R E E MEN T I a.R 4 7 2 ~~GE 703 . TInS AGREEMENT, made arid entered into this .( ( iT day of ~ A.D. 19--!t-, by and between the CITY OF CLEARWATER, FLORIDA, ~ ,funicipal corporation, hereinafter referre~ to as :'City": and It?tJ/JJ7JLIf~) G'~ t1fll/m/JdJ f) &"{J$ , heremafter referred to as "Owner"; . /?J/1Jey 7Z/.e/lJ.' . WITNESSETH: _. . ~ .~ .-. ,.- ,. WHEREAS, the Owner own~ the following described real property situated in the City of Clearwater, Pinellas County, Florida, to wit: . ~ 40 Rec '13 i C () 41 St 42 Sur 43 Int ~ Tot J':'~ l 00 ~ JUl25 3 44 FH ~7B , REAS, 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, across or adjacent thereto; and ~t'J7S tfJ~ 1/~/Lg /: f fCJtO t/',t0,Z- 5/ ,6'C2P?/' St:Y4,fJ/dp/C)A:../- ..~ '1 ( :,. l~' ~:~::~.:. ~-:, l:' ;.;: :,: .~. -\-\".A.4--<<",cl;~~ t:J ;....:.:.t........L/I.._~ C~Ei,~, clHcJir CC>U~:l WHEREAS, the affected property owner has appealed requesting a temporary wai ver of the side-;..ra1k installation requirement; and WHEREAS, the City Manager pursuant to Section 7-6 (4) (a) has found the 2,' fOllO.:,WUl,,';.g conditions exist,. as set out in his fin~gs attached hereto as Exhibit A, ,~\ , ~ !uch;,a~ warrant the granting of a temporary walver; and {6//1/" "a.t'CJS'.I"~ 6'4'<1/ ~ ~ ...' ' 00 . ': ~ ~ "'WHEREAS, the owner of the property described herein understands that the #~ver granted herein is only temporary in character and that this agreement must u~ _l)~vide a reasonable period of tim.e for the waiver to be effective; Z~' ~ " _ 0 ' ~ ~ ~ NOW, THEREFORE, in consideration of the foregoing premises and other :-', ~ ;:q ~cBbd and valuable consideration between the parties, receipt of which is hereby . ~ ~ <1; ~~owledged, the parties hereto covenant and agree as follows: Ul u ~ ~'H~ ~ ~ u 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 imposed by Section 7 -6 of the Code of OrdiJlances of the City of Clearwater. z. The temporary waiver granted shall comm.ence on and run until the condition or reason for granting the waiver is removed or otherwise changed. 00 ,..., ~~~ ~ 3. The Owner understands and agrees that the waiver granted herein is ;.: 'v' ~~porary in character and that it does not excuse the Owner or successors in z:; 2J ~erest from. the sidewalk requiremen.ts imposed by Section 7 - 6 of the Code of 'i:il I-< Z h rdinances of Clearwater. The Owner further agrees that should the condition :3 ~ ~~t out in Exhibit A which presently exists on the property and which was sufficient t.i t O~ warrant granting the waiver be corrected during the period of this waiver, then Q:; u a.:~e Owner will imm.ediately comply with the requirements of Section 7 - 6 as it ~lates to sidewalk installation. Ci:l ~ U ;t " I 97 I out in Exhibit A 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. 5. This agreement is to be regarded as a covenant run";,, g with the land regardless of whether it is specifically mentioned in any deeds or conveyance sub;:. sequently executed, and this agreement .hall be bihding on ill parties, the heirs, personal representatives, successors or assigns. /', J I] //' .....'1 (\ "f,.;-O'..I/<..J.,..rt'" ('. ' ; .A '. r, , /\\' ' ~ - 1- ' ~(- ~. Lj-~_(~ ~ .. I I O,R,4727 PAGE 70~ 6. All notices pursuant to this agreement shall be furnished to the respective parties at the following addresses, until receipt of written instructions notif'ying the other party of a different address: ;,. CITY: OWNER: City Manager Ma("J H,~rl'l&'" AI",.f/J'J/I/lJ fJ 4$&# PO Box 4748 :J,.::1.."I" kt......c-"/... 'M. (.s // if'.eOW/{///2J~ t> /...-'" Clearwater, Florida 335l8ele.arwA..~..r (::J- . 3"'':;'J., '" j /We F.t-4 c/-' ~a f. -IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. By Attest: '.f" '- -,',-:~ .'~;.e;' < ~,) ~',';~ correctness: ~'tvJJ- City cteI'$: . , ~':r"" . -u CITY ~ 7V ..::L..,,; (SEAL) OWNER STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this 21 day of ,TlIly , 19 7B . . before me personally appeared Anthony L. Shoemaker. Thomas A. Bustin ,Lucille Wl.ll1.ams and Charles F. LeCher , 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 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. WITNESS my signature and official seal at Clearwater in the County of ::::~::s~:t:::::~da, tae day and Ye~:te w~tt~: Notary Public. State of Florida at s.. ~bliC .:-;,..-;~'".,.,~ (v\y Commission Expires Sept. 29. 19~ . l /' :: ' ~,~ 't ..Ij...l t A (1 l tOn. r1 -\1r ""-rSllflY @ '-'-,~ f ',- ~ ," ~ -; ;, ~ '" I..} ~ ~~. ~vt ~,,~ ~ '''"';;~ '" ,. , ""~;" .:' iI-I'i. -2- .. .' :- ".., I I O.R, 4727 PAGE 705 STATE OF FLORIDA ) COUNTY OF PINELLAS ) Before me personally appeared ?;!;n11 c:u.-,../ .'.t< . 6il(f~-,' 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 the same for the purposes therein expressed. 19 -f~ 71I~ESS my hand and,official seal this 0- My Commis sion EXpires: Notary Public, State of F!:;nda at Large. IMy COnilTIlSSIOn Expires May 2. 198~.i -~ : I I O,R)~ 727 PAGE 706 July II, 1978 MEMO TO FILE L~ FROM: Anthony L. Shoemaker, City Manager Copies to: Mr. Norman P. Beach and Mary H. Turner 13ll Browning Street 2281 Minneola Rd Mr. Ed. Blanton, Building Director Mr. Keith Crawford, Traffic Enginee,y Mrs. Lucille Williams, City C1erk"""- SUBJECT: MEMO ORDER - WAIVER OF SIDEWALK INSTALLATION Mr. N. P. Beach and Mrs. Mary H. Turner, Lots 9, 10 & 13, R. J. Booth Subdivision 900 GrGVe Street In response to a request from Mr. Beach and Mrs. Turner for a waiver of City requirement for installation of a sidewalk at the subject-described property in conjunction with new construction, as required by City Ordinance, I have examined this property and the following are my findings: I. There are sidewalks existing within 200 feet of the subject property, but the street is not paved and is more of an alley, with a 25-foot right-of-way. A sidewalk in this location would create a very narrow lane for driving through this area. 2. A sidewalk in this property at this time would not form a part of a route leading to a school. 3. The absence of such sidewalk would not present a pedestrian hazard. In my judgment, the above findings meet the conditions prescribed in Ordinance 1624, Section I, paragraph (4) (a), and therefore a waiver on installation of a sidewalk at this time is granted. EXHIBIT A. TO: FROM: COPIES: SUBJECT: DATE: - !' I ciTY OF CLEARWATER Interdepartment Correspondence Sheet Sidewalk Waiver at 900 Grove Street July 11, 1978 The developer of this property has placed a sidewalk along the front of the property on Grove Street as required by the Code. He has requested that a waiver be granted along the west side of the property which abuts a 25' right-of-way which is either an alley or is Prospect Avenue. Although it is not physically impossible to build a sidewalk in this situation, it creates a serious problem in that there is only a 20' right-of-way available. A sidewalk installed on each side of that right-of-way,would create a very narrow lane for driving through this area. It is our recommendation that this sidewalk waiver be granted for the property along the west side. ~ KC : 1 a ,r I c~ T Y 0 F C LEA R W ATE R Interdepartment Correspondence Sheet TO: M. J. Paroby - Assistant City Manager VIA Keith Crawford - Traffic Engineer FROM: E. Blanton - Building Director t..:/5. COPIES: SUBJECT: Request for Sidewalk Waiver at 900 Grove Street (Frontage on Alley Way Only.) DATE: July 10, 1978 The sidewalk that the applicant is requesting to be waived would be installed in a 20' wide dirt alley. There appears to be little pedestrian traffic in the area. There seems to be little likelihood that the alley will ever be paved or that sidewalks would be installed. The owner has installed walks along the Grove Street Frontage. In view of the circumstances, it is recommended that a waiver be granted for the alley (West boundary) frontage. EB:nt ~ ,. I C'T Y 0 F C LEA R W ATE R Interdepartment Correspondence Sheet TO: Mr. Anthony L. Shoemaker, City Manager FROM: M. J. Paroby, Asst. City Mgr.:,(i'1;;:p COPIES: SUBJECT: Request for Waiver of Sidewalk Installation - Norman P. Beach & Mary H. Turner 1311 Browning St. 228 Minneola Rd. DATE: July II, 1978 Clearwater 33516 Clearwater 33511 Recommendation Sign the attached Waiver of Installation of Sidewalk, and initial the attached Memo Order. Background See Attached Memo to File.