SIDEWALK WAIVER GRANTED (245)
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AGREEMENT
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D,R.6788 PA&E 1808
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.. THIS AGREEMENT, made and entered into this I sr day of ^jc.;;;"l~~
A.D. 19 7.8 , by and between the CITY OF CLEARWATER, FLORIDA, a :municipal
oorporation, hereinafter referred to as "City"; and S/J1ITU B, A/fJo #I/RICI.4 /I.
84.4c..CJWe (i.Jts W IFr= -), hereina.fter'referred to as "Ownerll;
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W .1. 'll'lESSETH:
WHEREAS, the Owner owns the following described rea,1 property situated in
the City of Clearwater, Pinellas Co'Ci:lty. Florida, to wit: .
Lor /~ BLock ~ 0-1 OAk kiLLS As
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~REAS, Section 7-6 of the Code oi OrrH,.,:mces of the City requires that all
land that abuts a. public right-oi-way, which is to have new construction on it, either
fo~residential, coz:omercia.l, industrial or other purposes, shall have sidewalks
cciistructed by the Owner on. across or adjacent,thereto; and
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foe ~ ~ ~ WHEREAS, the affected property owner has appealed requesting a tem.pora.ry
~ d ~ ver of the side-Jalk installation requirement; and
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1&1 t o.~ WHEREAS, the City Manager purs~t to Section 7 -6 (4) (a) has found the
~ 0 Di@owing conditions exist, as set out in his findings attached hereto as Exhibit A,
Slh as warrant the granting of a temporary waiver; and
WEEREAS, the owner of the property described herein understands that the
waiver granted herein is only tem.porary in chara.cter and that this agreement must
provide a reasonable period of tim.e 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:
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a:; ~ ;~ 1. The City in light of the facts found as set forth in Exhibit A attached
~ .c ~ ~eretoand made a part herein as ~ fully rewritten, grants to the Owner a tem.porary
~ G 0 ~iver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
~ Z~ p.; :&f Orciinance s of the City of Clearwater.
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~ :=1 ~ t 2. The teIr-porary waiver granted shall commence on December 1, 1978.
E ~ ~ ~and ~ until the condition or reason lor granting the waiver as set out in Exhibit A
.E ~ ~ ~is removed or otherwise changed.
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:2 ~ ,-2 OJ 3. 'I"he Owner understands and agrees that the waiver granted herein is
E-i ~ 0 ,tem.porary in character and that it does not excuse the Owner or successors in
f-4 i:terest frcn:n the sidewalk requirements iJ:nposed by Section 7-6 of the Code of.
OrrH,.,:::l'nces 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 warra:J.t granting the waiver be corrected during theperioci of this waiver, then
the Owner will i.J:nI:nedia.telyco~ply with the requirements of Section 7-6 as it
relates to sidewalk installa.tion.
4. If the Owner or his heirs. personal representatives, successors or
a.~uigus shall fa.il to have sidewalks insta.lled for the described real property in
a.ccordance with City specificat!.ons and standards within ninety (90) days from the
notifica.tion by the City, tilen the City may have ~e sidewalks instilled aDd a.sses IS
and iInpose a. lien 'against the d~scribed real property for the cost of the work.
sequently executed. and this agreement sh~ll be binding on all parties.
, 01 C3sh ~al representa.tives, successors or assigns:
40 Rec Ie?'. 0 0
41 St
42 Sur
43 Int ~.:i&~~
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CLERK CIRCi/IT-;lJ~:'"
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'o.i."88 PAIl 180'
6. All notices pursuant to this agreement shall be furnished to the
respective parties a.t the following. addresses, ,until receipt of written instructions
notifying the ether party of a different address: ".
O~R: '
.:5'/lJrr# l3. /lj/)iJ fJ,,!2ICI4 A.
BARLoWe=-
17 PtNEWOOO Aye
Ct~4eWATtR Ft.4- 335/5
-IN WITNESS WHEREOF, the parties hereto have caused lh.ese pres ents
to be executed the day and year last above written.
CITY:
City Manager
PO Box 4748
Clearwater. Florida 33518
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Attest: "
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CITY
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As to O'L:,i-
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 6th day of December, 1978
before me personally appeared Anthdny L. Shoemaker. Thomas A. Bustin. Lucille
Williams and Charles F. LeCher , respectively City Manager, City Attorney, City
Clerk and Mayor-Commissioner of the City of Clearwater, a m.unicipal corporatiOl
existing under the laws of the State of Florida, to IDe 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 m.unicipal corporation i.
duly affixed thereto, and the said Agreement is the act and deed of said corporatio:
WITNESS m.y signature and official seal a.t Clearwater ~"t~~',it:;~ty of
Pinellas and State of Florida. Cle day and year last abov writ:t~).;,":",.:,>"
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My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires Aug. 28, 1982
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STATE OF FLORIDA )
COUNTY Olt PINELLAS )
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Before me perscma.lly appearedS/tt/7;/'g. ~~/(!/A ~4>0E
to me well known and known to me to be the individ s 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
19 1JY.' ,
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dayof 4-~,
My Cotmnission E~ires:
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NOTAaY fIU.LtC ST...n OF 1'\.0<(11)1. AT LAIOE
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IClNOEO THRU GENUAl INS. UNOfIWlI rns
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o.R."88 PAil 1806
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December 6, 1978
MEMO TO FILE
Anthony L. Shoemaker. City Manager ~cz<)
Copies to: Mr. & Mrs. Smith B. ,Barlowe, 1544-46 Elmwood 7
Mr. Ed. Blanton. Building Director
Mr. Keith Crawford. Traffic Engineer
Mrs. Lucille Williams. City Clerk~
FROM:
SUBJEGT: MEMO ORDER: WAIVER OF SIDEWALK INSTALLATION
Mr. & Mrs. Smith B. Marlow
Lot 15, Block E, Oak Hills, as recorded in Plat Book 07
Public Records of Pinellas County, Florida - Page 66.
In response to a request from Mr. & Mrs. Smith B. Marlowe for a
waiver of requirement 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, and
this is the last lot tobe 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.
3. The absence of such a sidewalk would not present a pedestrian
hazard.
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 time is granted.
Exhibit A
TO:
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
Mr. Anthony L. Shoemaker, City Manager - Through the City Attorney
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M. J. Paroby, Asst. City Mgr. vt1
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FROM:
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation - Smith B & Patricia A. Barlowe
l544-46 Elmwood
DATE: December 6, 1978
Recommendation
Si gn the attached waiver of installation of Sidewalk, and
initial the attached Memo Order.
Background
See the attached Memo to File.