SIDEWALK WAIVER - APPLICATION
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77188356
AGREEMENT
and'
W;HEREAS, Section 7-6 of the Code of Ordinances of the City requires that a.ll
land that abuts a public right-of-way, which is to have new construction on it, either
for residential, com.m.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 temporary
wai ver of the side.;.;ralk installation requirement; and
WHEREAS, 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 temporary 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 time for the waiver to be effective;
NOW, THEREFORE, in consideration of the foregoing premises and oth~r
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, grants to the Owner a tempora.ry
waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
of Ordinances of the City of Clearwater.
2.. The temporary waiver granted shall commence on >u...-v-- It> . I CJ 7 7
and run until the condition or reason for granting the waiver as set out in Exhibit A
is removed or otherwise changed.
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
interest from the sidewalk requirements imposed by Section 7 -6 of the Code of
Ordinances 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 warrant granting the waiver be corrected during the period of this waiver ,then
the Owner will immediately comply with the requirements of Section 7 - 6 as it
relates to sidewalk installation.
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4. If the Owner or his heirs, personal representatives, successors or?':-a C1"
assigns shall fail to have sidewalks installed for the described real property in :";?:=3 ~
accordance with City specifications and standards within ninety (90) days from th~J ~ ~ c::
notification by the City, then the City ma.y have the sidewalks installed a.n.d as ses.~ ~ i3 ~
and impose a lien against the described real property for the cost of the work. p ~ g; a
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5. This agreem.ent is to be regarded as a covenant r"nning with the land ~
regardless of whether it is specifically mentioned in a.ny deeds or conveyance sub~
sequently executed, and this agreement shall be binding on all parties, the heirs /1liliIl
personal t:epresentatives, successors qr .assigns.
,. Tt~lgnIrn~rm~1"t ".~o: lv'en.,,,,,,,'! hy: 7h1S Instrument was prepared by:
}'l~~MAS'A.I:bj'h" . '('y T..:I~M~S A. BUSTIN, City Attorney
c..Qfty of Qlea-l.'~rpP00K. ,d~" CIty 01 Clearwater, P. O. Box 4748
,-,CJ&p'~'W~fRirirlg.a;35U8 ~ Clearwater, Florida 33518 67-03::2-:' CO (1)
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.'~R"4630 PAGE1348
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 474:8
Clearwater, Florida 33518
OWNER:
'IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
CoUntersigned:
~~~~
Mayor-C.ommissio~,
CITY OF CLEARWATER, FLORIDA
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CITY
f4 /.Z7~ (SEAL)
'/1--1;tfl~ tl ~/I~",J (SEAL)
OWNER
** Acting
I HEREBY CERTIFY, that on this 6th day of DecemQer , 19 77
. before me personally appeared Michael J. Paroby, Thomas A. Bustin.R. G.
Wh~ tehead and Gabriel Ci'l7.i'lT"P'" , respectivelyi<Jity 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.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, tae day and year last above Writt~n.. .A ., . ....... .. . . . .
Mv Con;nnission.Expires: K~ C....~
-Nd'tary Puhlic, State of Florida at large . .." . .' '. .,"', .
Ml' Commi~!ion Expires Sept. 29, '1131 Notary Pub.1'1c,/'.:, ; ~.~ "
Bonded By American fire & Casualt'l' (ompi:lny : .....
01 Cash llWI ~., 1 .(
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ro:t 4630 PAGE1349
STATE OF FLORIDA )
COUNTY OF PINE LIAS )
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Beiore me personally appeared
to me well known and known to me to be the . Qividuals described in and 0
executed the foregoiX1g agreement and acknowledged before me thCl:~\\the:Y"e~ecuted
the same for the purposes therein expressed. /,.,:~];'. ~/~'1..
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Notary Public '.
WITNESS my hand and official seal this
19 "11 .
My Commission EXpires:
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(0].4630 PAGE1350
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November 30~ 1977
MEMO TO FILE
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Anthony L. Shoemaker, City Manager ~
FROM:
Copies to: Mr. & Mrs. Roy Gingras, 1185 Port Way~ Clearwater~ 33515
Mr. Ed. Blanton~ Building Director
Mr. Robert G. Whitehead, City Clerk
SUBJECT: Memo Order - Waiver of Sidewalk Installation
Mr. & Mrs. Roy Gingras, 415 Oakmount Rd. ~ Lot 8, Oakmount Sub.
~LO ~...
In response to a request from Mr. Gingras 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 no 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.
3. The absence of ;such sidewalk would not present a pedestrian hazard,
since this property is on a dead-end street.
In my judgment, the above findings meet the conditions prescribed in
Ordinance 1624, Section 1, paragraph (4) (2a) and therefore a waiver
on installation of the sidewalk at this time is granted.
EXHIBIT A.
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c Ir Y 0 F C LE A R W ATE R
Interdepertment Correspondence Sheet
TO:
Mr. Anthony L. Shoemaker, City Manager
FROM:
M. J. Paroby, Asst. City Mgr. /lt7 j7
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation, Roger & Lucille Gingras,
~5 Oakmont Road Lot 8, Sub. Oakmont
DATE:
November 30, 1977
Recommendation
Sign the attached Waiver of Installation of Sidewalk.
See attached memoJ~ to File
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C JT Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
TO:
Mr. Mike Paroby, Assistant City Manager
FROM:
Keith Crawford, Director of Traffic Engineering
COPIES:
SUBJECT:
Sidewalk Waiver, 415 Oakmount Road
DATE:
November 22, 1977
I have reviewed the request for a sidewalk waiver at 415 Oakmount
Road on the site and found the following:
1. The physical characteristics of the property are such that
the sidewalk can be built.
2. There is no sidewalk within 200 feet of the location; however,
there is another house being built immediately adjacent to
this property by the same builder. The installation of the
sidewalk at both properties would make a combined total side-
walk 275 feet in length.
3. This is not a school walk route and the nature of Sharkey Road
and Oakmount are such that there would be no substantial pedes-
trian hazard.
This property is in a location which is surrounded by developed
properties. It is reasonable to expect that the sidewalks on this
property and the one adjacent to it will be the only ones installed
in this whole neighborhood for quite some time, although the church
across the street holds a waiver on the sidewalk along its property
on the north side. The granting of a waiver for 415 Oakmount will
make it necessary to grant a waiver for the property which is on
Sharkey Road immediately to the east wi thin the next few weeks.
Disregarding the prcperty to the east, the property for which the
waiver is requested meets all the requirements for a waiver; however,
in view of the fact that the other property is developing it appears
that each of these properties developing puts the requirement on the
other to have a sidewalk installed.
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CITY OF CLEARWATER
Interdeputment Correspondence Sheet
TO:
Mike Paroby - Assistant City Manager
E. Blanton - Building Director t:fj.
FROM:
COPIES:
SUBJECT: Request For A Sidewalk Waiver - 415 Oakmount Drive
DATE: November 16, 1977
An investigation of the subject request reveals that it meets
the criteria normally applied to such requests.
Additionally, as will be noted on the attached drawing, the
majority of the area south of Sharkey Road is in the County.
Also, it is questionable if Sharkey Road will ever be conn-
ected. It would seem more appropriate that, if a sidewalk
were to be considered necessary in the area, that it be placed
on the north side of Sharkey Road which is entirely in the
City of Clearwater.
In view of these facts, it is recommended that the waiver be
granted.
The current mailing address of the applicant is
1185 Port Hay
Clearwater, Florida 33515
Telephone Number 443-5055
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Attachment
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