SIDEWALK WAIVER GRANTED (296)
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THIS AGREEMENT, made and entered into this J.1fJ' day of . -eu.lle
A.D. 19 80 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City"; and Richard.. & Mary Wilson
, herei.nait:er'referred to as "Owner";
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WITNESSETH:
8'0175834
O.R. 51 0 1- PAGE.119 0
WHERE~, the Owner owns the follOwing described real property situated in
the City of Clearwater, Pinellas County, Florida, to wit: .
South 60' of East 120' of Lot 9, A. H.
1446 South Madipon Avenue
Duncan 'e.-'15:lil!>a..ivision
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ClEP.( CiRClJ/T COUR7
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$ ~ t::: ~REAS, Section 7-6 of the Code of Or . ~es of the City requires that all
1l ~ ~ ~d that abuts a public right-af-way, which is to have new construction on it, either
~ :>>~ ~or residential. commercial, industrial or other purposes, shall have sidewalks
~ C3 0 ~onstructed by the Owner on. acros s or adjacent .thereto; and
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.b <t:1 ~ ;:::; WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
.S ~ ~ bUOwing conditions exist, as set out in his findings attached hereto as Exhibit A,
.;!:l ~o-..; .}:;> such as warrant the granting of a temporary waiver; and .
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WHEREAS, the affected properly owner has appealed requesting a temporary
of the side-....allc installation requirement; and
WEEREAS, 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 is hereby
acknowledged, the parties herei:o 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 i.! fully rewritten, grants to the Owner a temporary
waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
of Ordinances of the City of Clearwater.
2.. The te~porary waiver granted shall commence on June 12, 1980
~'and r1::.D. until the condition or reason for granting the waiver as set out in Exhibit A
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pis removed or otherwise changed.
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o ~ ~~~: 3. 'I'he Owner understands and agrees that the waiver granted herein is
~ Ij ~.ctem.porary in character and that it does not eXCuse the Owner or successors in
~o. .g ~~.. ter. e. .s...t. frem the 6.~dewalk requirements imposed by Section 7-6 of the Codo of
t: 0 'Orr1;r.;lnces of Clearwater. The Owner,further agrees that should the condition
00:. ';S,.d out in E.xhibit A .'which pres ently exists on the nroperty <Uld which was sufficient
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M;> wa~;Ya.::lt granting the 'Waiver be corrected during the perioa. of this waiver, then
~e Owner will inunediately comply with the requirements 01 Section 7-6 as it
rt,;.elates to :sidewalk insta.J.htion..
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4. Ii the Ovmer or his heirs, per:sonal representatives, !!lucces~orl!l or
2..~Sld.sns lllull !ail to have side'W"alks instilled for the described real property iD
accordance wi.th City speclfic1e.ons a.nd 8tan~rds within ninety (90) days from the
notiiiclltion by the City, tilen the City may have e"e aidewalk~ installed a..nd ..~ ~e15lS
and impose a. lienag-a.inst the de,scribed real prc~rty for the cost of the work.
5. Tbi~ agreement is to be regarded ..s a coven.a.nt r".nni"'g with the land
reg..r'dle:5 s of whether it is s?ecUically mentioned in any deeds or conveya:r:ce lSub-
sequentlyexecutr:d, a::ld this agreement sb~ll be binding on ill partie!!, the beirl'l,
persona.l representatives, succes!lors or as:5ign:5:
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O.R. 510 1 PAGE 1191
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the following addres ses, .until receipt of written instructions
notifying the other party of a different address: '. ..
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
Richard & Mary Wilson
1446 South Madison Avenue
Clearwater, Florida 33516
.m WITNESS WHEREOF, the parties hereto have caused these presents
to be exeCuted the day and year last above written.
CoUntersigned:
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.f ",.:.lI\J.i' ,if'')' <,e ~ ' "',,':+ ,r~~,lli')l
Mayor-Commissioner
Attest: ;,. " .
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rt.~ \i;I!JL;)l;;'~
City Cle:sk
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CITY
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Lucille
Williams
I HEREBY CERTIFY, that on this 28th day of October , 19RO
before me personally appeared Anth-ony L. Shoemaker, Thomas A. Bustin,
and Charles F. Ler.ner , respectively City ,Manager , City Attorney, City
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 tb.e foregoing Agreement and severally
adcnowledged 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 i.
duly affixed thereto, and the said Agreement is the act and deed of said corporatic:
WITNESS my signature and official seal at Clearwater in th,e. ~eO'Wity of
Finellas and State of Florida, ~e day and year last ab ve writ}" I;t~, .
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My_ Commis sion J;:;xpi.res:
"Notary Public Slate 01 Flonaa ~t Large
My Commission Expires Aug. 28. 1982
Bonded By Amcr;!.:<3r1 Fire. & Casul!Ilty Company
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STATE OF FLORIDA ) o.R.5 101 PAGE 1192
COUNTY OF PINELLAS )
, Before me personally app~~red Q~i f I-;r;~ .~ W~
to me well known ~d known to' me to be the individuals ddScribed in and who
executed the foregoing agreem.ent and acknowledged before m.e that they execut'ed
the 'same for the purposes therein expressed.
WITNESS my hand and official seal this
19 8lJ
J'- -';4. ' day of ~
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Q,R. 51 0 1 PAGE 1193
October 22, 1980
MEMO TO FILE
FROM:
A. L. Shoemaker, City Manager
COPIES TO:
Richard and Mary Wilson
Keith Crawford, Traffic Engineer
Roy Ayres, Building Director
Lucille Williams, City Clerk
SUBJECT:
MEMO ORDER - Waiver of Sidewalk Installation
Richard and Mary Wilson
The S 60' of the E120' of Lot 9, A. H.buncan's
Subdivision
1446 South Madison Avenue ~ 33516
In response to a request from Richard and Mary Wilson fol;' a waiver of re-
quirement for installation of a sidewalk at the subject property in con-
junction with new construction as l;'equired by City Ordinance, l have examined
this property and the following are my findings:
1) There are no sidewalks within 200 feet of the property,
and this is the last lot to be developed in this area.
2) A sidewalk on this property, at this time, would not form a
part of a route leading to a school; and
3) The absence of such a sidewalk would not present a pedestrian
ha.zard.
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 t~~.ated.
"Exhibit A"