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SIDEWALK WAIVER GRANTED (215) -, ~, . , . . , I . 77005681 " n.t4499f"~GE 170 AGREEMENT THIS AGREEMENT, made and entered into this 28th day of December A. D:' 1976! , by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City"; and Mrs. Shirley A. Pearson (a single person) . ' , herelnafter referred to as "Owner"; WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City~f ('~~~lef~,... ter, Pinellas County, Florida, to wit: . ftECOROEO V ,.NULAS CO. fLORIDA . /-O--"-J:;'1 Lot 1, Block D, Peale par~tr}..-.._~ Cl ~R', ~!~CUII C(l~I~T and JM 12 4 22 fM '71 /0 . (J_V"1l'l) }d WHEREAS, 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, acros s or adjacent thereto; and WHEREAS, the affected property owner has appealed requesting a temporary waiv~r of the sidewalk 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 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 imposed by Section 7 -6 of the Code " of Ordinances of the City of Clearwater. . II 1977 Th . d h 11 rJAN 15 d \\j 2. e temporary walver grante s a commence on ~tv) 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 characterand that it does not excuse the Owner or successors in \0 X j\, interest from the sidewalk requirements imposed by Section 7 - 6 of the Code of \\i) }, j Ordinances of Clearwater. The Owner further agrees that should the condition r- \ ~1 ,set out in Exhibit A which presently exists on the property and which was sufficient \ \"'" 1 to warrant granting the waiver be corrected during the period of this waiver, then "t ' S the Owner will irr...mediately comply with the requirements of Section 7 - 6 as it ~ ~r~ ,.~ relates to sidewalk installation. \] (' -'~~ '<;-" " , v 0) k 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 t~e 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. l' \ ~ ~~ \' \") c " 5. This agreement is to be regarded as a covenant running with the land regardless of whether it is specifically m.entioned in any deeds or conveyance sub- sequently executed, and this agreement shall be binding on all parties, the heirs, personal representatives, successors or assigns. -1- o I C20_'j__~ {.I 3'J ,.... ':> , , .:. I 1 o.~.4499 P^GE 171 .. 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 Clearwate r, Florida 33518 OWNER: Mrs. Shirley A. Pearson 2950 Glen Oak Ave. Clearwater, Fla. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. Countersigned: C;~~~ Mayor-Commission. ::TY):;;~~.BR' ~ity Man~. ' Attest: FLORIDA WITNESSES: . ' J . . I~::Z:: c ~ ,9' . ./ . // ...... ('7. i :/}-;, " ..~ 1/:;7 eJ~ As to City CITY x -f. L l~. ~ ~.. .. ,'"'"'-( SBA L) f (SEAL) OWNER STATE OF FLORIDA COUNTY OF PINELLAS I HBRBBY CBRTIl"Y, that on this I rei.. day of .o~ ,19 '/ , before me personally appeared f~ a 9:~ ~~v.K-~~ and ~ p.YL.;.Q ~ ' respectively City Manager, City Attorney, City . Clerk and Mayor-~ommissioner 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 Pinellas and State of Florida, the day and year last above written. ,,-'-, My Commission Expires: r<~ ~/~._-- . . ~ , o\. NotarY Publie, State of Florida at targ-e Notary ubhc;: .,- _ ' S " .., ,- My Commlss;on Expir€' Sept. 29, 1977 g~'" f ;/ <..:, .,. ~ V ' ~..= Bonded by Ameri,an Fire & Casualty Co. t ~ -J',;;/ /; '- ,;. . ,~ I " -2- .. .. ~ . I ., _,.e' I o.~.4499 PACE 172 .STArE OF FLORIDA ) COUNTY OF PINELLAS ) Before me personally app~ared~.1J .' An 'U/ ~/ to me well known and known to me to be the i:;'~ described in and who executed the foregoing agreement and-acknowledged before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal this 2- 8'~ da y of ~~ , 19 7t. . My Commission Expires: NOTARY PUBUC: STJ,TE OF Ft()~lDA AT lJ.l:~F MY COMMISSiON EXPIRESD=C. 19, 1977 . BONDED THRU GENERAl INSIII!.HJr"F 11~Jf)FI?Wl1ITr:I1S ~. . if. /jf1-cPli Notary Public ') -3- I I January 5, 1977 r'OJ.4499 I'^GE 173 MEMO TO FILE Picot B. Floyd, City Manager ~1 FROM: Copies to: Mrs. Shirley A. Pearson, 2950 Glen Oak Avenue 138, Clearwater Mr. Ed. Blanton, Building"Director Mr. R. B. Whitehead, City Clerk SUBJECT: Memo Order - Waiver of Sidewalk Installation Mrs. Shirley A. Pearson. Lot 1, Block D., Peal Park, Charles Street and Wilson Boulevard. In response to a request from Mrs. Pearson 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. The sidewalk in question would front on Wilson Boulevard, which is now an unpaved street. About a year ago, the City circulated a petition in the neighborhood to get the street paved by uniform assessment. A majority of the property owners were opposed to paving the street. 2. Wilson Boulevard has an offset in its alighment at this location. This misalign- ment makes it difficult to property locate the sidewalk until such time as the street is paved and curbs, etc. are constructed. 3. A sidewalk on this property 'WI) uld not form an integral part of a route leading to a school. 4. The absence of a sidewalk at this property would not present a pedestrian hazard since this is not a heavily traveled street by either pedestrians or vehicles. In my judgment, the above findings meet the conditions prescribed in Ordinance #1624, Section 1, paragraph (4) (a) and therefore a waiver on installation of the sidewalk at this time is granted. EXHIBIT A I C 1\ Y 0 F C LEA R W ATE R Interdep.rtment Correspondence Sheet TO: The City Manager, FROM: M. J. Through the City Att orney Paroby, Asst. City Manager /l f1 eM COPIES: SUBJECT: Request for Waiver of Sidewalk Installation - Mrs. Shirley A. Pearson, 2950 Glen Oak Ave. 138, Clearwater December 3, 1976 DATE: Recommendation Sign the attached sidewalk installation waiver agreement. Background The property known as Lot 1, Bloc~ D, Peale Park Subdivision at Charles Street and Wilson Boulevard, is not suitable for construction of a sidewalk at this time. The sidewalk in question would front:"on Wilson Blvd., which is an unpaved street. Apparoximately a year ago, the City circulated a petition to get the sidewalk paved by uniform assessment. A majority of the residents opposed paving the street. An additional problem is that Wilson Blvd. right-of-way has an offset in its alignment at this location. This misalignment makes it difficult to properly locate the sidewalk until the street is paved and curbs, etc., are constructed. In;my opinion, this request for waiver of sidewalk installation meets the provisions of Ordinance 1624. ) ..(;'i1'" .~ I C I Tit 0 F C LEA R W ATE R Interlpartment Corr.sponden(e Sheet TO: FROM: ft. City .......1'. Tlal'......... City A".....' M. I. ....,. .... CAtr ~..... COPIES; SUBJECT: DATE: a..... .. Waha'" ...... ........... · ..... 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