SIDEWALK WAIVER GRANTED (190)
',,'
f I.. (/~ _uC>
7 - 1i'7'!
JJ.i" 1
O.R. 4 7 5 5 P~GE 3 2 ~
THIS AGREEMENT, made and entered into this 1..3 day of S c r 7.
A.D. 19 7~ ,by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City"; and TiI'U..D~: S; o...J k4 if ft,<A., A...
_0.' !!-A,.. , hereinafter 'referred to as "Owner"; .'
I
78153993
AGREEMENT
I
.:!.....,.~
WITNESSETH:
~.,,,_.:..'. .-~~,,-
WHEREAS, the Owner own~ the following described real property situated in
:~~:f clearwa, ter, Pinellas coun~. ' Florida, to Wl,Ot, : " F~~, :)Ft;:f;
40 ~:~CaSh Co', ~o, ~ :'A;-4~.!~",~ 17 A I: 5/j~v~{~~ .{C~~t({~.:'~~
1 St '-.0 r I f:>,OC.!:! ~ t L/Y'l.4 (c:f' .,. CL!;RK CIRCU'li COURi'
2 Sur -
3 lot --..:I'
Tot A:3. 1J O~
pl+ W~REAS, 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, across or adjacent thereto; and
Sa 28
4 09 PH ~ 7 i
WHEREAS, the affected property owner has appealed requesting a temporary
waiver of the side-.Ja1k installation requirement; and >..
.. CLl 00'
l>>e~
WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the~ ~ ~ 00'
following conditiQns exist, as set out in his findings attached hereto as Exhibit A~ ~ 8::ci
such as warrant the granting of a temporary waiver; and ~Eo~ ~
,-,0 <Ii
~ ."(j
~ Z- ~ .~
WHEREAS, the owner of the property described herein understands that t~~ '-'~~:;
waiver granted herein is only tem.porary in character and ~hat this agreement m~~ ~ ~
provide a reasonable period of tim.e for the waiver to be effective; ~ ~ ~ ~
~ . ,,$ :;,
, B~~c
NOW, THEREFORE, in consideration of the foregoing premises and othelJ ~ ~ ~~
good and valuable consideration between the parties, receipt of which is hereby:; ~ ~ u
acknowledged, the parties hereto covenant and agree as follows: t ~ G
~
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.
2. The temporary waiver granted shall commence on ~.-.~ 13. /979
and run until the condition or reason for granting the waiver as s;[o;t'in Exhibit ~
is removed or otherwise changed. g;
~
3. The Owner understands and agrees that the waiver granted herein is ~ 6 q ~
temporary in character and that it does not excuse the Owner or successors in t;f: ~"~ ~
interest from. the sidewalk requirements imposed by Section 7-6 of the Code of WOo::O
~ '~r<Z
Ordinances of Clearwater. The Owner further agrees that should the condition ""J :1:. tJ:j -,
t"' . ':rj-'
set out in Exhibit A which presently exists on the property and which was sufficie~~ ~ S>
to warrant granting the waiver be corrected during the period of this waiver, the~ 00
the Owner will immediately com.ply with the requirements of Section 7-6 as it ~
relates to sidewalk installation. 00
4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed for the described real property in
a.ccordance 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 rllnn;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.
{J" f- ,"" "
/::; / ~ ,;
'j
-l~
I 07-0J2.;:odJ ~
"I
.
,f'",:.,.io
r'"
'i'i
I
I
a,H. q 7 5 5 P~GE 32 5
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: ~
71o-.c.s ~a",~ k~ ft fg"t-, A. U' .4...
11t;:3 ;t!D~o.~i t~d .
C/~avlAJ(k~'1 1--10.. f "33J-lb
'IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
~Zj: ~~cL
Mayor-Commissioner
By
correctness:
Attest:
d:~&~,
City Clerk'
WITNESSES:
L /~'/U
( . .
CITY!
~%~
(SEA L)
~~~~o,"'- a _~Slsto"'~ (SEAL)
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 28th day of September ,1978
before me personally appearedAnthony L. Shoemaker, Thorm s A. Bustin, Charles
~ F. LeCher &: Lucille Willia:rp.s.-espectively. City Manager, City Attorney, City
Clerk and Mayor-ComInissioner 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
:::~=:.~:t:::::~da. ~e day and YealIii:V~~~ ~~..
:;' ',r.,,; ,~,~ I_~" = -=
. v! "- ,~
r:' ~ l
.j".,.,
c,
-z-
~
1 '!.~, -
I
I
n.R. q 7 5 5 P~GE 326
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally app~ared 110,,/4$ 5, )), lie J1- q~J }(o.-It,Ju'-n A. /)tI/t,J1
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 the rein expressed.
WITNESS my hand and. official seal this 43' -f/a day of ~/>~ >#j,t'Y"
19 13
.
My Commission EXpires:
Notal v Puhlic 5tiitr;!()j Floridaal brge
My (::.mmi;;sirm E:<p!n:;s !'lov. 14,'1981
i\:~,n,~,,',l F... Arnl'tir?n r:'r,~ '~ C',".Il,,!lv rn.-nnl'ln'"
~~b~
. <.
I
I
September 20, 1978
O'.R. ~ 7 5 5 P~jE
327
FR OM:
Anthony L. Shoemaker, City
Ma=ge~CjJ
/
Road
MEMO TO FILE
Copies to:
Mr. & Mrs. Thmmas S. Dillen, 1103 NormanRy
Mr. Ed Blanton, Building Director
Mr. Keith Crawford, Traffic Engineer
Mrs. Lucille Williams, City Clerk
SUBJECT:
MEMO ORDER: Waiver of Sidewalk Installation -
Mr. & Mrs. Thomas S. Dillen, Lot 5 Block 5, Druid
Park Subdivision
In response to a request from Mr. & Mrs. Thomas S. Dillen for a waiver
of requirement for installation of a sidewalk at the subject property in
conjanction 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 pedestr!an hazard.
In my judgment, the above findings meet the conditions prescribed in
Ordinance 1624, Svction 1, Paragraph (4) (a), and therefore a waiver
offinstallation of a sidewalk at this time is granted.
t -1-~ i',q"
.i_
TO:
FROM:
COPIES:
I
Mr. Anthony L. Shoemaker, City Manager~~~t/
M. J. paroby, Assistant City Manager~~ )/
C IT Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
C>'( ~~,k ~/-e/
SUBJECT: Request for Waiver of Sidewalk Installation - Mr. & Mrs. Thomas S. Dillen
DATE:
September 20, 1978
Reconu:nendation
Sign the attached waiver of installation of Sidewalk, and initial
the attached Memo Order.
Background
See the attached Memo to File.
( i
"';,l:'>
\, \,1., ,".
.. ~ .,#'
I cl T Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
TO: Mr. Mike Paroby, Assistant City Manager
FROM: Keith Crawford, Director of Traffic Engineering
COPIES: Ed 81 anton
SUBJECT: Sidewalk Waiver 1103 Normandy Road
DATE: September 19, 1978
We have reviewed this location on the site and found that it meets
the criteria for waiver as outlined in the City Code. This is the
last lot in a developed area and there are no other sidewalks in
the area. Also, it is not part of a school route; therefore, we
recommend that the waiver be granted.
'td
KeG