SIDEWALK WAIVER GRANTED (344)
,
.
'..
July 15, 1982
MEMO TO FILE
FROM:
COPIES TO:
SUBJECT:
I
I
Anthony L. Shoemaker, City Manage
Robert Root
Keith Crawford, Traffic Engineering
Roy Ayres, Building Director
Lucille Williams, City Clerk
MEMO ORDER - WAIVER OF SIDEWALK INSTALLATION
Robert Root
3019 Grandview Avenue
Clearwater, Florida 33519
In response to a request from Mr. Robert Root for a waiver of sidewalk
installation required for new construction by the City of Clearwater
Code of Ordinances, I have examined the subject property, and the following
are my findings:
1) There are no sidewalks within 200 feet of the property.
In my judgment, the above findings meet the conditions prescribed in the
City of Clearwater Code of Ordinances, Section 133.09 (e) (1) and, there-
fore, a waiver of installation of a sidewalk at this time is granted.
.
I
. THIS AGREEMENT, made and entered into this 2"1 day of ~ V ~
A. D. 199~ by and oetween the CITY OF CLEARWATE.R, ~RIDA, a m~cipal
corporation, hereinafter referred to as "City"; and' Kt:)<LCI'\..~ ~oot
, hereinafter referred to as "Owner";
I
,r ,t 2.5'. co
b' 'L.f 'J- 1..
'.
A G R E E M ~ N. ~.
WITNESSETH:
WHEREAS, the Owner owns the following described real property
si,tuated in the City of Clearwater, Pine lIas County, Florida, to wit:
LOT ?- 3 I ~L(:X..;" 'h t-\- " ~A.fo"- \OUlAc...~
and
2,0\~ GL.trlJt>\J\.C\V Ave. J
OJ /~~q/ /lP
WHEREAS, Sec. 133.09 of the Code of Ordinances of the City requires
that all land that. abuts a public right-of-way, which is to have new con-
struction on it , either for residential, commercial, indu'strial or other
purposes, shall have sidewalks constructed by the Owner on, across or ad-
jacent thereto; and
WHEREAS, the affected property owner has appealed requesting a
temporary waiver of the sidewalk installation requirement; and
WHEREAS, the City Manager pursuant to Sec. 133.09 (e) (1) 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 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, grants to
the Owner a temporary waiver of the sidewalk installation requirement im-
posed'by Sec. 133.09 of the Code of Ordinances of the City of Clearwater.
2. The temporary waiver granted shall commence on (\~"'---;:;. ~ 178'2-
and run until the condition or reason for granting the wa~~~ se~ 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 Sec. 133.09 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 Sec. 133.09 as it relates to sidewalk installation.
4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed for the described real propert~
in accordance with City specifications and standards within ninety (90) days
from the notification by the City, then the City may have the sidewalks in-
stalled and assess and impose a lien against the described pr6perty for the
cost of the work.
5. This agreement is to be regarded as a covenant running with the
land regardless of whether it is specifically mentioned in any deeds or
conveyance subsequently executed, and this agreement shall be binding on all
parties, the heirs, personal representatives, successors or assigns.
\
- 1 -
~!f?3LJ 00 (4qj
I
I
6. All notices pursuant to the agreement shall be furnished to
the respective parties at the following addresses 1 until receipt of written
instructions notif'ying the other party of' a diff'erent address;
CITY:
City Manager
P. 0, Box 4748
Clearwater, Florida 33518
OWNER :
IN WITNESS WHEREOF, the parties hereto have caused these present
to be executed the day and year last above written,
. .... (!j~~
Mayor-Commissioner ' .
B
EAR~
Countersigned:
a~:r?-ger
Approved as to .form & correctness:
AttCX~ L~
City Clerk
~;~ cit;:~n~ ~
il
WITNESSES:
~~ / 4:t~
~h.-_ cfM,,~
s o.City.
~' /8C/A,~ ~fl
CITY
Q~~~
(SEAL)
(SEAL)
~h
As to Owner
, respectively City
WITNESS my signature and official
Pinellas and State of' Florida,.the day
seal at Clearwater in the County of'
~f~
Notary Public
My Commission Expires:
_. - Notary PubS[, State of Aorida
My Commission Expires July 5, 1985
6 o':ied Thru TtJY Fain. Insurance, Inc.
,- 2 ':""
., #
I
I
STATE OF FLORIDA L
COUNTY OF PINELLASl
Before me personally appeared"RCl h.e v: T' . 1(O() 7 .', . '
to me well knO\ffl and known to me to be the individuals described in and
who executed the foregoing agreement and acknowledged before ~e that
they executed the same for the purposes therein expressed,
. .
\~l'rNESS my hand and official seal this' d P day of- ~;<-/e.
19~.
/3 o,~tkA- .J..z~/1
Notary fuolic
My Commission Expires:
Notary Public, $ta~e of Florida '1
My Commission E;:pires Nov. 17, \984,
A...n.......... T...~.. 1'. , t")'A In rann. h~1
- 3 -