SIDEWALK WAIVER GRANTED (297)
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AGREEMENT
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fl.'.4519 fACE 947
THIS AGREEMENT, made and entered into this 18th day of February
A.D. 19 77 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City"; and Terry D. Clark and Patricia Clark
(his wife) , hereinafter 'referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
the City of Cle~ter, Pinellas County, Florida, to wit: .
01 Cash.. 11 ChgJ
40 Rec ) ~-CH:l
41 St
42 Sur
and 43 ~~t It). rro '>>...5f .HM 3 4 16 fH '11
WHEREAS, S~ion 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, across or adjacent thereto; and
Lot 69, Block M
Brookhill Sub. #7
1428 S. Hillcrest Ave.
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WHEREAS, the affected property owner has appealed requesting a temporary
waiver of the sidewalk installation requirement; and
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.
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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:
2. The temporary waiver granted shall commence on
and run until the condition or reason for granting the waiver as
is removed or otherwise changed.
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3. The Owner understands and agrees that the waiver granted herein is >--.: ~3 d P
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temporary in character and that it does not excuse the Owner or successors in 32 ~j ,-:I ~:::
interest from the sidewalk requirements imposed by Section 7 - 6 of the Code of g ~d Z ~
Ordinances of Clearwater. The Owner further agrees that should the condition g:. 0 ~ '$
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set out in Exhibit A which presently exists on the property and which was sufficiimt ~ td~"g
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 00 ~ s= ~
relates to sidewalk installation. ~ g ':':
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set out in Exhibit A
4. If the Owner or ms 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 the 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.
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'rr,R.4519 'rAGE 948
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: Mr. Terry D. Clark
1428 S. Hillcrest Ave.
Clearwater, Fla.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
CoUntersigned:
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& orrectness:
By -
FLORIDA
WITNESSES:
CITY
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OWNER
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this.f day of 'P1~ , 1977 ,
before me personally appeared ~ 13;::J-~ ~ /I. ~:.. .1( G-~.P~j/'
and JJJ.,~ f ~ ' respectively ~ityJManager, City Attor'ney, City ,
Clerk and MayozoQCommissioner 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.
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My Commission Expires:
tfOtOfy Public, State of Florida at Larae
My Commission Expires Sept. 29, 1977
Bonded by American fire & CaslIQlty Co.
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0.1.4519 PAGE 949
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appeared IG.RT2-y I), CLIH~\t. /JNI> PAlalcI4 eLAIZ/c'
to me well known and known to me to be the individuals 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 77
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day of
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My Commis sion Expires:
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".c. v p"~,,c: ."de o. flO!!::!il at Large
My ComflllSSiGn Expires Nov. 17, 1980
~o_nded By. Amellc::an fjrR R. r"'~"~"l ~1 ..,.4..,.
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pV.1.4519 PIlCE 950
March 1, 1977
MEMO TO:
FILE
Picot B. Floyd, City Manager ~'
FROM:
Copies: Mr. & Mrs. Terry D. Clark, 1428 So. Hillcrest Avenue
Mr. Ed. Blanton, Building Director
Mr. Robert G. Whitehead, City Clerk
SUBJEC T: Memo Order - Waiver of Sidewalk Installation
Mr. & Mrs. Terry D. Clark, Lot 69, Block M, Brookhill
Subdivision, Unit 7, Public Records of Pinellas County
In response to a request from Mr. & Mrs. Clark 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.
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
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C I' Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
TO: Mr. Picot ::e. Floyd, City Manager Through the City Att orney
FROM:
M. J. Paroby, Asst. City Mgr. ~ f/
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COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation - Terry D. Clark, 1428 So. Hillcrest
DATE:
March 1, 1977
Recommendation
Sign the attached Sidewalk Installation Waiver Agreement.
Background
See attached Memo to File.
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TO:
FROM:
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SUBJECT:
DATE:
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C Il Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
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Mike Paroby - Asst. City Manager
E. Blanton - Building Director~'
Request for Sidewalk Waiver
February 22, 1977
RE: Lot 69, Block M, Brookhill Subdivision #7
a/k/a 1428 S. Hillcrest
An investigation of the subject request revealed that there are
no sidewalks within 200-feet. The sidewalk would not form a part
of a route leading to a school, or would its absence create a
pedestrian hazard.
In view of the above, it is recommended that the subject request
be granted.
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Attach.