SIDEWALK WAIVER APPLICATION - LETTER AND AGREEMENT
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WEEREAS, the Owner owns the follOwing described real property situated in
the City of ~l:t.rwater, P1.nellas COlmty. ' Florida, to ~t:. ., :}Hi1RlJ":'l
c7ft:d / Iltd/7t'LV~' ~~. ~cf:za. ,~/ rl"ELLAS'Co.FiORlrIA'
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~REAS, Section 7-6 of the Code of OrniT'l:~:nces 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, com:rnercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, across or adjacent ,thereto; aDd
WEEREAS, the affected property owner has appealed requesting a tem.porary
wai ver of the side-...aJk installation requirement; and
WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
following conditions enst, as set out in his findings attached hereto as Exhibit A,
~uch as warrant the granting of a temporary waiver; and
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~ WEEREAS, the owner of the property described herein understands that the
.. ~ ~ ~iver granted herein is only temporary in character and ~t this agreement must"
~ &a ~ ~rovide a reasonable period of time for the waiver to be effective;
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!5 ~.~ ~ NOW, THEREFORE, in consideration o'f the foregoing premises and other
ti t: 0 :tood and valuable consideration between the parties, receipt of which is hereby
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c.. ~cknowledged, the parties hereto covenant and agree as follows:
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~ 1. The City in light of the facts found as set forth in Exhibit A attached
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hereto and made a part herein as ~ fully rewritten, grants to the Owner a temporary
waiver of the sidewalk installation requirement Unposed by Section 7-6 of the Code
of Orcii.nances of the City of Clearwater.
>, 2. The temporary wai ver granted shall co:rn:cnence on
;:, e~' and rcl until the condition or reason for granting the waiver as
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T.l ~ ~ oo11.S removed or otherwise changed.
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~ ~ . ~l 3. The Owner understands and agrees that the waiver granted herein is
5. c.: c: ~/teraporary in character and that it does not excuse the Owner or successors in
~ f.S A: ~J interest from. the sidewalk requirem.ents iD:1posed by Section 7-6 of the Code of
~ t; .3 r;;:i Orr;;Tl::lT'lces of Clearwater. The Owner.further agrees that should the condition
:' gg ~ i set out in Exhibit A which presently exists on the property and which was sufficient
; ~ ~ ;: to warra=lt granting the waiver be corrected during the perioci of this waiver, then
C/] 6 ~' the Owner will immediately comply with the requirements oi Section 7-6 as it
j 1;: G relates to sidewalk insta.lla.tion..
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set out in Exhibit A
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) cb.ys from. the
notification by the City, then the City may have ~e sidewalks uUltalled a.nd as sea IS
and Unpose a lien agajnst the d~scribed real property for the cost of the work.
5. This agreement is to be regarded as a covenant r"u'ln;T'lg with the land
regardless of whether it is speciIicallymentioned in any deeds or conveyance sub-
sequently executed, and this agreement sh~ll be binding on all parties, the heirs,
personal representatives, successor3 or a3signs:
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Q,R. 4 781 PAGE 2007
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:
'IN WITNESS WHEREOF, the parties hereto have caus ed these pres ents
to be executed the day and year last ab ove written.
Co1intersign~d: ," " . fd"..
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Mayor-Commlssioner
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rrectness:
Attest:
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f7k ~ 'fN~4i.;.;..)
City Clerk'
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CITY
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OWNER .
( SEAL)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 27th day of November . 1978
\~~off1rn~Pffsonallyappeared Anthony L. Shoemaker, Thomas A. Bustin
e lams . 1 C. C. C'
an " Charles F. LeCher , respectlve y lty Manager, lty Attorney, lty
Clerk and Mayor-Con:unissioner of the City of Clearwater, a municipal corporatiOl
e:Qsting 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 i.
duly affixed thereto, and the said Agreement is the act and deed of saidcorporatio:
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My Commission Expires:
Notary Public. St,ltC 0/ Florida at large
Mv C(;,mmis~iD.l E)(r,ir~'C All'] ,p. 1r.:n1
B?;Jded DY AiT'oer:~':;,l hB 6. (:l~':'jlty C:r:l[hln)'
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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O.R. ~ 781 PAGE 2008
~s t;Ly hand and official seal this
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My Commission EXpires:
IDrAlf 'U_LtC STAl! OF FlQllDA AT LAIa
";VCOMl1.rsS'OH EXJtlltES NOV I 10"
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November 17~ 1978
FROM:
a,R. ~ ~~ 1 P~GE 2009
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Anthony L. Shoemaker, City ManagEj'r Ii
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Mr. & Mrs. William Lacy~ 1691 Owens Drive
Mr. Ed. Blanton~ Building Director
Mr. Keith Crawford, Traffic Enginee~
Mrs. Lucille Williams~ City Clerk,........-
MEMO TO FILE
Copies to:
SUBJECT: MEMO ORDER: Waiver of Sidewalk Installation
Mr. & Mrs. William Lacy~ 1691 Owens Drive
Lot l~ Orange Blossom Subdivision
In response to a request from Mr. & Mrs. William Lacy for a waiver
of requirement for installation of a sidewalk at the subject property in
conjunction with new construction as required by City Ordiance~ I
have examined this property and the following are my findings:
1. There are no sidewalks within 200 feet of the property~ and there is
a physical impediment resulting from a drainage ditch headwall
facility in this area.
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 prescribed in
Ordinance 1624~ Section l~ paragraph (4) (a), and therefore a waiver
of installation of a sidewalk at this time is granted.
EXHIBIT A
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C I~ Y 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
FROM:
Mr. Anthony L. Shoemaker. City Manager - Through the City Attorney
M. J. Paroby, Asst. City Mgr.urq .~
TO:
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation - William Lacy,
1691 ~Drive
DATE: November 17, 1978
Recommendation
Sign the attached waiver of installation of Sidewalk, and initial
the attached Memo Order.
Background
See the attached Memo to File.
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TO: Mr. Mike Paroby, Assistant City Manager
FROM: Keith Crawford, Director of Traffic Engineering
COPIES: Ed Blanton
SUBJECT: Sidewalk Waiver 1691 Owens Drive
DATE: November 15, 1978
C 'T Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
A waiver request has been filed for a lot located at 1691 Owens
Drive. This is at the southeast corner of the intersection of
Owens Drive and SR 590. Upon checking this location in the field
we found that there is a drainage facility under SR 590 at this
point which has headwalls very close to the edge of the pavement.
There is not sufficient room between the drainage facility and
the edge of pavement to install a sidewalk. On Owens Drive itself
there are no sidewalks. In view of the circumstances involved
~pears that the waiver should be granted for this property.
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