SIDEWALK AGREEMENT & CANCELLATION & DISCHARGE OF AGREEMENT
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CITY OF CLEARWATER
CANCELLATION AND DISCHARGE OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS,
THAT WHEREAS, on the 18th day of March , A.D. 19 70 ,
Howard W. Bradford, Minister, Unity - Clearwater Church
owner of the following described real property, si.tuate, lying
and being in the City of Clearwater, Pinellas County, Florida,
to wit:
N ~ of the W ~ of the SW ~ of the SE ~. less the W 300.0 and
less Road Right-of~Way Sec. 19, T 29 S, R 16 E
did enter into an agreement with the City of Clearwater, Florida,
a municipal corporation, providing for the future installation
and construction of sidewalks by the owner; on, across or
adjacent to said described real property, and
WHEREAS, said agreement was recorded on the 26th day of
March ,A.D. 19 70 , in Official Record Book No. 3298 ,
page 158 , Public Records of Pinellas County, Florida, and
WHEREAS, the terms and provisions of said agreement have
now been properly complied with.
NOW, therefore, in consideration of the foregoing premises,
the City of Clearwater, in its corporate capacity, does hereby
cancel and discharge said agreement this 2nd day of June
A.D. 19 77 , and does cause this instrument to be executed by the
Mayor-Commissioner, City Manager, City Clerk and City Attorney
respectively of said City and the Seal of the City hereto affixed.
CITY
CLEARWATER, FLORIDA
Countersigned:
By
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ity Ao ey
. . STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me the undersigned, personally appeared Gabriel Cazares,
Picot B. Floyd, R. G. Whitehead and Thomas A. Bustin
the Mayor-Commissioner, City Manager, City Clerk and City Attorney,
respectively, of the City of Clearwater, Florida, to me well known
to be the persons who executed the foregoing certificate, and they
severally acknowledged the execution thereof to be their free' act
and deed for the use and purposes herein set forth.
My Commission Expires:
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my hand and official seal this 6th daY_/lJf(~une_~:
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WITNESS
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Notary Public, State of Florida at large
My Commission Expires Sept. 29, 1977
Ionded bl Amori\:QQ Fiff & Caiuglty Co.
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CltV OF CLEARWATER
Interdep.rtment Correspondence Sheet
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TO: Mr. Thomas Bustin, City Attorney
FROM: Keith Crawford, Director of Traffic Engineering
COPIES: Clark Lowrey and Unity Church~'
SUBJECT: Sidewalk Waiver - 2465 Nursery Road
DATE: Apri 1 28, 1977
This is to request that the sidewalk waiver, as described in the
attached letter, be cleared from the records at the Courthouse.
The City has installed a sidewalk at this location and has
received reimbursement in the form of a check in the amount of
$1,189.40 from the holder of the waiver._, Since their obligation
is fulfilled it would be appropriate to have the waiver records
removed.
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NOTember 18, 1916
Send Certified Mail - Return Receipt Requested
R..... Bovard w. ~adtord, Minister
UDit1 - Clearwater Church
2a.6, lur.err Road
Clearwater, Florida 33516.
Dear BeT. Bradford:
REL Agreement tor Sidewalk Va! ver
Dated: March 18 1910
Recorded: OR 3298. Page 158
Real property description: If ~ ot the ~ ot
the S.W. \ of the S.E. ~ les8 the W 300.0 &D4
1es8 Road R-O-W Sec. 19, T 29 s. R 16E
The above described agreement provided ae follows:
"The City may at any time in the f'uture notifY the Owner. his heirs,
~sonal representatives, suecessors or assigns that the City.1n its
BOle discretion has determined that it is advisable and necesa&r7 to
have sidewalks installed in connection with said real property."
"The Owner or his heirs, personal' representatives, successors or
asl1gnt shall at his expense wi thin ninety (90) days trOll the
notitication by the City have sidewalks installed for said described
real property in accordance with City specifications and Btandards
as established. II
After proper review and consideration by the Tarious departments of the
City. it has been determined that it is now necessary to install sidewalks
on said property.
Formal notice is hereby being furnished to you that you are, at your
expense, wi thin ninety (90) days trom the date hereof, to have sidewalks
installed tor sa1d property in accordance with City specifications and
studar4. as established. It you tail to do 80, then the City will haTe tbe
sidewalk. installed and asseas and impole a lien against the described
real propertY' tor the cost of the. work.
It TOU haTe &D7 questions, ple... contact this oftice. Our phone nuaber
is ~~2-6l3l, Ext. 251.
toure truly,
Keith eravtord, P.E.
D1rHtor ot Trattic BDJil1eeriDC
ICC: 1&
CC: Mr. Max Battle, City Ensine.r
Mr. Mn.e Parob7. A..t. City Manager
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01 3298 PAGE158
~,e029814
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AGREEMENT
THIS AGREEMENT, made and entered into this
18th
da y of
March
, 1970, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, herein3.fter referred to as "City";
and Howard W. Bradford, Minister
Unity - Clearwater Church
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property
situated in the City of Clearwater, Pinellas County, Florida:
N ~ of the W ~ of the S.W. t of the S.E. t less the W 300~O and less
Road Right.-of-Way Sec. 19, T'29 S, R 16 E.
and.
WHEREAS, Ordinance No. 1219 of the City requires that all land
that abuts a public right of way, which is to have new construction on it,
either lor residential, commercial, industrial or other purposes, shall
have sidewalks constructed by the OWner on, across or adjacent thereto;
and
WHEREAS, the Owner is erecting certain new construction on said
property and has requested the City at this time not to require the immediate
installation and construction of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the City, In
its sole discretion, determines that it is advisable and necessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidewalks immediately installed at his expense, and if he should fail to do so,'
then the City may have said installation made and impose a lien against the
described real property for the cost thereof;
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OR 3298 PAGE 159
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 will not at this time require the installation and
construction of sidewalks as part of the erection of the building and improve-
ments by th~ Owner on the above described real prop.erty.
2. The City may at any time in the future notify the Owner, his
heirs, pers onal representatives, successors or assigns that the City in
its sole discretion has determined that it is advisable and necessary to
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have sidewalks installed in connection with said described real property.
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3. The Owner or his heir,S, personal representatives, successors
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or assigns shall at h}.s expense within ninety (90) days from the notification
by the City have sidewalks installed fotsaid described real property in.
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accordance with City specifications and standards as established.
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 running with the
land, regardless of whether it is specifically mentioned in any deeds or
conveyances subsequently executed, and this agreement shall be binding on
all parties, their heirs, personal representatives, successors or assigns.
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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:
. Mr. Merrett R. Stierheim
City Manager
PO Box 4748
Clearwater, Florida 33518
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OR. 3298 PAGE160
Owne 1':
Howard W. Bradford, Minister
Unity - Clearwater Church
631 E. Turner
Clearwater, Florida
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year last above written.
,
FLORIDA
. Approved as form & correctness:
~~
ity Attorney
Witnesses:
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As to City . .
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"STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 'J-1f:;;t:/0 day of t11J~.)
A. D. 1970., before me personally appeared Merrett R. Stierheim, Herbert M.
.Brown, R. G. Whitehead and H. Everett Hougen, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
a municipal corporation existing under the laws of the State of Florida, to me
kn()wn 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
the6fncfar-s-ea'I"(5r'~"A'1tl"'MM'rici"palt.ort'V'~c.Ltiub io dwy aI.fiho::;d th~:t do, dnd the
6,~~p.'iagreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinella.s,and State of Florip.a, the day and year iast above written.
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MfC()mmission Expires:
Notary Public, Shtc of Florida at Large
My (om::;:~c;;Jn Ezpirc$ O[!. 22, 1970
Bonded I:y Ar..arican fire & CaJ<.:..ffv Co.
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DR 3298 PAGf161
STATE OF FLORIDA )
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COUNTY OF PINE LLAS }
Before me personally appeared
_ Howard W. Bradford, Minister
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.
.
/?M
day of
~,
"":. . WITNESS my hand and official seal this
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.:);1.y-:d9nlihission Expires:
"No~arv"Puhlic. Stat~ of Florida at large
My Commission Expires Sept. 5, 1971
,Bondeu by Iri:lnsamerica Insurance eo..
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Notary pur . '~,'
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