SIDEWALK WAIVER GRANTED (144)
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I D.R. ~ 7 7 8 PAGE 14: 9
THIS AGREEMENT,. made and entered into this 2nd day of November
A.D. 19 78 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
oorporationp hereinafter referred to as "City"; and Fashion Cleaners & Shirt}
E. C. Scott, 'President , hereinafter 'referred to as "Owner"; Laundrv, 'Inc.)
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,A G R E E MEN T
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W ITl'TESSETH:
WHEREAS, the Owner owns the following described real property situated in
the City of Clearwater, Pinellas COWlty, Florida, to wit: . South 82.0 Ft. of Lots
12 and 13 Block 1, W. F. Hughey's Subdivision of Lot 8, R. H. Padgett's
Subdivision.
and'
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~i~J, S~I~U 7 -b-oTtlie Cod'e of M~nb/Tfces of the City requires that all
~. Th.nd that abuts a public right-of-way, which is to have new construction on it, either
;~,R ~ for residential, conunercialp industrial or other purposes, shall have sidewalks
:;; ~ ~ ~onstructed by the Owner on, acros s or adjacent,thereto; and
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~~~: WHEREAS, the affected property owner has appealed requesting a temporary
~ 0 0 ~i ver of the side-...ra.1k installation requirement; and
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~ ~ .s Ei: WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
~ S ~ Jiollowing conditions exist, as set out in his findings attached hereto as Exhibit A,
E < ~ ~uch as warrant the granting of a temporary waiver; and '
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.... ::a oOl WHEREAS, the owner of the property described herein understands that the
~ O!t waiver granted herein is only temporary in character and that this agreement must
~,ol provide a rea.sonable period of time for the waiver to be eHe'ctive;
NOW. THEREFORE, in consideration of the foregoing premises and other
good and valuable consideration between the parties, receipt of which is hereby
'-cknowledged, the parties hereto covenant and agree a.s follows:
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.. co"~ 1. The City in light of the facts found as set forth iJ;l Exhibit A attached
~ ~ ~ $ereto and made a part herein as ,~ fully rewrittenp grants to the' Owner a tem.pora.ry
Z ~:>< ~iver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
!3 Q g ~f Orcili:lances of the City of Clearwater.
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I:l:: Q c.:;:; 2. The te~porary waiver granted shall comrn.ence on Nov.. 6,. 1978
~nd n:.n until the condition or reason for granting the waiver as set out in Exhibit A
5\s removed or otherwise changed.
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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
'mterest from. the sidewalk requirements Unposed by Section 7 -6 of the Code of
Ort'BTl2TlCeS of Clearwater. The Owner,further agrees that should the condition
set cutin Exhibit A which presently exists on the property and which was sufficient
to warra:t granting the waiver be corrected during the period of this waiver, then
the Owner will irrunediately cOIIlply with the requirements oi Section 7-6 as it
relates to sidewalk instal.lation.
4. U the Owner or his heirs. personal representatives, successors or
asdgns shill fail to have sidewalks installed for the described real property ill
accorda.nce 'With City specifica.tions and standards within ninety (90) days from. the
notifica.tion by the City, tilen the City m.ayhave ~e sidewalks installed and as sea s
and impose a lien 'against the d~scribed real property for the cost of the work.
5. This a.greement is to be regarded as a covenant r'I'TlTl;ng with the land
regardless of whether it is specUica.lly mentioned in any deeds or conveyance sub-
sequently executed, and this a.greement sh~ll be binding on all parties, the heirs,
personal representa.tives, successors or assigns:
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O.R. 477 8
PAGE 1 5 0
6. All uotices pursuant to this agreem.ent shall be furnished to the
respective parties at the following addr~s8es, .until receipt of written instructions
notifying the other party of a different address: ..
CITY:
City Manager
PO Box 4748
Clearwater, Florida. 33518
OWNER:
Fashion Cleaners &
Shirt Laundry, Inc.
E. C. ~cott, President
'IN WITNESS WHEREOF, the parties hereto have caused these presents
to be exeCuted the day and year last above written.
c_er'igne(JA~cL
Ma yor-Comnus sioner
B.y
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o fonn & correctness:
Attest:
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City Clerk I,'> ':'"
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WITNESSES:
CITY
(SEA L)
~ , (!'.. . (~~;rr
(SEAL)
· ~"Ll1Jm ~,.h fPcuy./
As to Owner
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 15th day of November , 19 78
eefQ1.1 mw~i.r.sonally appeared Antliony L. Shoemaker. Thomas A.. Bus tin.
aiia1 eCI1ait~~ F. Ler.her , respectively City Manager, City Attorney, City
Clerk and Mayor-Com.missioner of the City of Clearwater, a municipal corporati03
e%isting 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 a.uthorized; and that the official seal of said mUDicipal corporation i,
duly aifixed thereto, and the said Agreement is the act and deed ofsaidcorporatio:
WITNESS m.y signature and official seal at Clearwater U1"~~~''C~ty of
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Pinellas and State of Florida, ~e day and year at abovt1w1~~J'" 0 /~;~,' /
. 7: Y' v,....
My Commission Expires: : '.: if .
Not~ry PU~'i(. Slate of Florida at Large bEi' ,I.
'My CnmmissiOJl Expires Aug. 28, 1982 ~. :";-'. '" 0 N !c'.::,'>
Bonded bV AmErican Hre &. C!lsu~lt'{ CompanY (>( ".." - .~"_ -,
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D.R. ~ 7 7 8 PAGE 1 51
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before IIle personally appeared ". E: C, ' ~6TT
to IIle well known CI.J1d known to' IIle to be the individuals described in and who
executed the foregoing agreeIIlent and acknowledged before IIle that they execut.ed
the sa.m.e for the purposes therein expressed.
WITNESS IIlY hand and official seal this
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My Commission EXpires:
NOTARY PUBliC 'ii An Of.FlOR IDA ,Ar. LAR.Q
MY COMMISSION EXPIRES MAY. 20 1981
.uNUl:1) I HltU GENERAL I NS UNDERWRITERS
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O.R. ~ 778 PAGE 152
November 28, 1978
MEMO TO FILE
FROM:
Anthony L. Shoemaker, City Manageifi~
Copies to: Mr. E. C. Scott, President" Fashion Cleaners & Shirt Laundry
Mr. Ed. Blanton" Building Director
Mr. Keith Crawford, Traffic Engineer
Mrs. Lucille Williams, City Clerk
SUBJECT: MEMO ORDER: Waiver of Sidewalk Installation:
Fashion Cleaners & Shirt Laundry, Inc.,
South 82.0 feet of Lots 12 & 13, Block 1, W. F. Hughey's
Subdivision of Lot 8, R. H.Padgett's Subdivision.
In response to a request from Mr. E. C. Scott for a waiver of require-
ment 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. The sidewalk 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 presc ribed in
Ordinance 1624, Section 1" paragraph (4) (a), and therefore a waiver
of installation of a sidewalk at this time is granted.
EXHIBIT 1
TO:
FROM:
COPIES:
SUBJECT:
DATE:
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C 'T Y 0 F C LEA R W ATE R
Interdepertment Correspondence Sheet
Mr. Mike Paroby, Assistant City Manager
Keith Crawford, Oi rector of Traffi c Engi neering
Ed Blanton
Sidewalk Waiver for Fashion Cleaners
November 6, 1978
An investigation of this site revealed that the right",of~way of
Madison Avenue is 27.5' and the right-of-way of Brownell Street
is 301. The existing curb is just outside the property line on
each street. Since there are no sidewalks within 200' of this
location and the right-of-way is severely limited. I feel that
this location meets the criteria for granting a waiver.
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