SIDEWALK AGREEMENT AND WAIVER LETTER (4)
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" -AUG U ReMJlbNT,- made and entered into this 31st day of July
A.D. 19 78 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
oorporation, hereinafter referred to as "City"; and Thomas L'H Pierce and Linda M. Pierce
(his wife) , hereinafter 'referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in, J ," '0':1
the City 0, f Cl,.:.&~, w-ater, Pinellas County, Florida, to wit: . ..,.'..." L~\:fJl~,o
OJ Cash~CJ1g..J (;~,J . o'r.. ~1
40 Rec 13,00 Lot 40 Sunset Highlands Subdivision,') O'P'l~,\-'o
41 St 1924 Byram Drive' .' Ce:' ~:' \).?Ji)
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W~REAS, Section 7-6 of the Code of Ordi'n::lnces 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
WHEREAS, the affected property owner has appealed requesting a temporary
waiver of the side~..,alk 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
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WHEREAS, the owner of the property described herein understands that th~; -rl
waiver granted herein is only temporary in character and that this agreement mU$f (:.~ 8 ~
provide a reasonable period of time for the waiver to be effective; ';"::! :.q i:~
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NOW. THEREFORE, in consideration of the foregoing premises and othei~ ',;' ,\J 'T~
good and valuable consideration between the parties, receipt of which is hereby r- ~ P::: 5'
acknowledged, the parties hereto covenant and agree as follows: ~~
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1. The City in light of the facts found asset 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 Ordinance s of the City of Clearwater.
Z. The temporary waiver granted shall commence on ~ y y. '178
and rm1 until the condition or reason for granting the waiver as s 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
Orn;'n::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 the periociofthiswaiver,then
the Owner will immediately com.ply with the requirements of Section 7-6 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 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.
5. This agreement is to be regarded as a covenant 1'11nn;ng with the land
regardless of whether it is specifically mentioned in any deeds or conveyance sub-
sequently executed, and this agreement shall be binding on all parties, the heirs,
personal representatives, successors or assigns.
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D.H. ~ 7 ~ 2 PAGE 2036
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 4748
Clearwater, Florida 33518
OWNER: Mr. And Mrs. Thomas ,L. Pierce
1729 Turner Street
Clearwater, Fla~
"IN WITNESS WHEREOF, the parties heretobave, caused these presents
to be executed the day and year last above written. '';'4,
ectness:
By
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As to City
CITY
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(SEAL)
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 24th day of August , 19 78
before me personally appearedAnthony L. Shoemaker. Thomas A. Bustin. Lucille
XJ&DCk Williams & Charles F. LECqel'espectively City Manager, City Attorney, City
Clerk and Mayor-Conunissioner 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;andthattheofficials~al of said municipalc:orporation 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 G,Q~ty 0; /
Pinellas and State of Florida, ~e day and year last above writte:q.,:<" , '" .
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My Commission Expires: ~
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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O',R. ~ 7 ~2 pAG,E2037
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Before me personally appearedjHoiYJ4i L, f /e/l tc f, L/lfh>4 /"1. f'/'--1Z~l-'
to m.e 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 ~y hand and official seal this
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My COmnUs sion EXpires:
Notary Public, State of Florida at Large
My Commission-Expires Nov. 17: 1980
Bondod By AmOli.on firo & C.,.oUy Cgmpo."
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O.R. ~ 7 4 2 PAGE 2 0 3 8
August 8. 1978
MEMO TO FILE V' /J
FROM: Anthony L. Shoemaker, City Manager {JJ
Copies to: Mr. & Mrs. Thomas L. Pierce, 1924 Byram Drive
Mr. Ed. Blanton, Building Director
Mr. Keith Crawford, Traffic Engineer
Mrs. Lucille Williams, City Clerk
SUBJECT: MEMO ORDm - WAIVER OF SIDEWALK INSTALLATION
Mr. & Mrs. Thomas L. Pierce - Lot 40,
Sunset Highlands Subdivision
In response to a request from Mr. & Mrs. Thomas L. Pierce 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.
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 presc ribed in
Ordinance #1624 Section I, paragraph (4) (a), and therefore a waiver
of installation of a sidewalk at this time is granted.
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C IT Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
TO: Mr. Anthony L. Shoe.rr..aker, City Manager - Through the City Attorney
FROM: M. J. Paroby, Asst. City MgrUf7 f
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation - Mr. & Mrs. Thomas L. Pierce
1924 Byram Drive, Clearwater
DATE:
August 7, 1978
Rec ommendai;ion
Sign the attached waiver of installation of Sidewalk, and initial
the attached Memo Order.
Background
See tile attached Memo to File.
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TO: Mr. Mike Paroby, Asst. City Manager
FROM: Keith Crawford, Director of Traffic Engineering
COPIES: Ed B1 anton
SUBJECT: Sidewalk Waiver Request for 1924 Byram Drive
DATE: August 3, 1978
C IT Y 0 F C LEA R W ATE R
Interdeputment Correspondence Sheet
We have checked this location in the field and found that there
are no sidewalks within 200' of the property. There is no bus
stop or school walk route associated with this location and the
absence of a sidewalk does not create a pedestrian hazard.
I, therefore, recommend that the waiver be granted.
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