SIDEWALK WAIVER GRANTED (298)
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AGREEMENT
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O.R. ~ 792 PAGE
622
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WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
the City of Clearwater, Pinellas Cotm.ty, Florida, to wit: - , .,
"'{-IE WC='5T (oS. \"3 F-r. or-rl-\t WeST ONE-HAL~ of hoT
,0 -F A I H, D u tv C A ~ R ~ sue. S> f \J l S' 'OM A 5 R EC. o~ ~ E 0 I N P 1...1'- T
6C)D~ 5. PI4-~E 2 G. (,/r PCJ(31.IC l~l>LO(2...().s OF' PiN.6Ll...~S LuU"rrr
FlO\'-lP~. SEc.-Ti "J... '- -r~P. :Let S- tc.C2::ct=( (S't= .
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l 5" 0 I S G C2.ES{Wvo_f.) AVE,
~REAS, Section 7-6 of the Code of OrfR"~""ces of the City requires that all
Thnd that abuts a public right-of-way, which is to have new construction on it, either
for residential, cOmInercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, acros s or adjacent,thereto; and
. WHEREAS, the affected property owner has appealed requesting a temporary
ri ver ,?f the side-..raJ.k installation requirement; and
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~ ~'~ WHEREAS, the City Manager pursuant to Section 7-6 (4) (a) has found the
?>~ ~!followi:ng conditions exist, as set out in his findings attached hereto as Exhibit A,
a 0 ~)such as warrant the granting of a temporary waiver; and '
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8 ~f~:1 WHEREAS, the owner of the property described herein understands that the
.. rg ~ ~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;
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~~.; NOW, THEREFORE, in consideration of the foregoing premises and other
~ S;' Q good and valuable consideration between the parties, receipt of which is hereby
~~i5 acknowledged, the parties hereto covenant and agree as follows:
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~I 1. The City in light of the facts found as set forth in Exhibit A attached
~hereto andtnade a part herein as i! fully rewritten, grants to the Owner a temporary
~waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
o ~ ~ j of Ordinance s of the City of Clearwater.
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~ d 0 ~ 2.. The temporary waiver granted shall commence on D€c- 41' (178
::> ~ ~ ~and rcl until the condition or reason for granting the waiver a.s set out in Exhibit A
t;j ~ d ~s removed or otherwise changed.
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~ 3. The Owner unc:lerstands and agrees that the waiver gra.nted herein is
&emporary in character and that it does not excuse the Owner or successors in
mterest from the sidewalk requirements Unposed by Section 7-6 of the Code of
Orn;""~""ce8 of Clearwater. The OwDer.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 perioci of this waiver, then
the Owner will inunediatelycomply with the requirements of Section 7-6 as it
relates to sidewalk insta.ll.a.tion..
4. U the Owner or his heirs, personal representatives, successors or
a.ssigns sb.al.l fail to have sidewalks installed for the described real property in
accordance with City .pecifica~ons and standards within niDety (90) days from the
notification by the City, then the City may have tbe sidewalks installed and as sea s
and i.Inpose a lien against the d~scribed real property for the cost of the work.
sequently executed, and this agreement shall be' binding on all parties,
01 Cas tJr~ina.l representatives, sUCcessors or a"ssigns:
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I D.H. ~ 792 PAGE 623
6. All notices j?Ursuant to this agreem.ent shall be furnished to the
respective parties at the following addresses, .'\!I1til receipt of written instructions
notifying the other party of a different address: ".
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
Wi LL I lifl/l 'E, Bc=ClL
IS-o ( S. tt.te..eENWOOO Ave,
CL6.tl{LWAT~(L( Ft.-A. ~:3 rtl,
'IN WITNESS WHEREOF, the parties hereto have caused these presents
to be exeented the day and year last above written.
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CITY.I[. ..K '.C~.'.".'""""".".",'..R...........<w.........A........,..... '~..' ..:IDA .... ."
By "'. . Vt~)
C~1:y'M '. 'ger '.. . .
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Mayor-Co
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Attest:- ;:.;';
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...Il!A-", , ~ ~
City Clerk.
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CITY
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If/~ ;;:: J&r.4:... (SEAL)
As to City
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, As to Owner
(SEAL)
OWNER '
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this lSthda.yof December , 1978
L . b~for.elme personally appeared Anth'ony L. Shoemaker, Thomas A. Bustin,
uCllle. Wl.lla1IlS t. 1 C'ty M C. Att C'
ano... r'h<Jr19i F I9Cp~r ' respeclvey 1 anager, lty orney, lty
Clerk and Mayor-Ccnnmissioner of the City of Clearwater, a municipal corporatiOl
existing tmder 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 e%ecution thereof to be their free act and deed as such officers
the%'eunto duly authorized; and that the official seal of said municipal corporation i,
duly affixed thereto, and the said Agreem.ent is the act and deed of said corporatio:
WITNESS my signature and official seal at Clearwater, in~~"C~t;y .of
Pinellas and State of Florida, ~e day and year 1 at above wri~~~J:',J,~:,'. ."
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My Commission Expires:
Na!ary ?ubk State oj florida at Large
My (ilmm~,~jc) [xpire:; Aug. 28, 19&2
DOt':_!2'~ ~'i A':h.ri "d', r~le'& Cas:..;;;;:'.... ComDanY
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Q,R. 4792 PAGE 6 2 ~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before m.e perscma.lly appeared Wi L Ll *^-L E.... ~ G-C- K-.....
to m.e well known ~d known to' m.e to be the individuals described in and who
executed the foregoing agreem.ent and acknowledged before m.e that they executed
the SaIne for the purposes therein expressed.
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WITNESS m.y ha.nd and official seal this '4=tf:l-
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My Commis:;:.:.!1 fJ:iJ;re;; f.kt. 11. 19&\
nor-clod F.y l,rn3ric.:m ri!e &. C'::':':L,;:,lly C~m~."11
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Notary Public
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December 11, 1978
.. Q.R. !i 792 PAGE 6 2 ~)
MEMO TO FILE
Anthony L. Shoemaker, City Manager~
FROM:
Copies to:
Mr. William E. Beck, 1501 South Greenwood Avenue
Mr. Ed. Blanton, Building Director
Mr. Keith Crawford, Traffic Director
Mrs. Lucille Williams, City Clerk
SUBJECT:
MEMO ORDER - WANER OF SIDEWALK INSTALLTION
Mr. Wi~liam E. Beck~ W 105. 13 ft. of the W i of Lot 1
of A. H. Duncan Resubdivision, Plat Book 5~ Pg.JJ26
In response to a request from William E. Beck for a waiver of require-
ment for installation of 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 sidewalks within 200 feet of the property.
2. Although a sidewalk can be installed at this time and a sidewalk
is needed~ the City has plans which involve the installation of
sewer and curb and gutter along this area. This'::C'onstruction VI) uld
result in damage or removal of the sidewalk if it is installed at this
time.
3. The sidewalk should be installed by the property owner when the
street and sewer work is completed.
Therefore, a waiver of installation of a sidewalk at this time is granted.
Exhibit A
FROM:
I I
CITY OF CLEARWATER
Interdepartment Correspondence Sheet
Anthony L. Shoemaker. City Manager - Through the City Attorney
M. J. Paroby, Asst. City Mgr.l~R9' /
TO: Mr.
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation - William E. Beck, 1501 So.
Greenwood Avenue
DATE:
December 11, 1978
Recommendation
That a stipulation be ~de in the waiver a~ree!llent, or attached
thereto, that the property owner ~ill install the sidewalk upon
notification by the City Engineering Department that the street
and sewer work has been completed.
Sign the waiver of installation of sidewalk and initial the
attached Memo Order.
Background
See the attached Memo to File.
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO: Mr. Mike Paroby, Asst. City Manager
FROM: Keith Crawford, Director of Traffic Engineering
COPIES: Ed Blanton
SUBJECT: Sidewalk Waiver - Greenwood Avenue and Woodlawn Street
DATE: December 8, 1978
The property at the southeast corner of Greenwood Avenue and
Woodlawn Street was recently developed. Sidewalks were installed
on Greenwood Avenue in accordance with the code requirements. A
sidewalk can be installed on Woodlawn Street at the present time;
however, the City has plans which involve the installation of
sewers and curb and gutter along this area which undoubtedly will
result in the damage or removal of the sidewalk if it is installed.
Although this does not come under the provisions of the code, it
is mY belief that there is a financial benefit to the City to grant
the waiver until such time as the street and sewer work is completed
and require the property owner to install the sidewalk at that time.
In view of this, we are requesting that the waiver be granted with
the above stipulations.
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December 11. 1978
,
MEMO TO FILE
FROM: Anthony L. Shoemaker. City Manager
.
Copies to: Mr. V(!lliam E. Beck, 1501 South Greenwood Avenue
Mr. Ed. Blanton, Building Director
Mr. Keith Crawford, Traffic Director
Mrs. Lucille Williams, City Clerk
SUBJECT: MEMO ORDER - WANER OF SIDEWALK INSTALLTION
Mr. William E. Beck, W 105. 13 ft. of the W i of Lot 1
of A. H. Duncan Resubdivision, Plat Book 5. Pg. #26
In response to a request from William E. Beck for a waiver of require-
ment for installation of 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 sidewalks within 200 feet of the property.
2. Although a sidewalk can be installed at this time and a sidewalk
is needed, the City has plans which involve the installation of
sewer and curb and gutter along this area. This construction VI) uld
result in damage or removal of the sidewalk if it is installed at this
time.
3. The sidewalk should be iristalled by the property owner when the
street and sewer work is completed. .
Therefore, a waiver of installation of a sidewalk at this tilne is granted.