SIDEWALK WAIVER GRANTED (223)
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I A G R E E MEN T -:t 7-/11. 7, ~
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THIS AGREEMENT, made and entered into this ~ day of J-. -- --
A.D. 19 iq by and between the CITY OF CLEARWATER, FLORIDA, municipal
oorporatiorl', hereinafter referred to as "City"; and William O. Hickok
, hereinafter 'referred to as "Owner";
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W l-l.-.NESSETH:
C.R. ~ 90,6 PAGE 130 7
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WHEREAS, the Owner owns the following described real property situated in
o ~:c~'*:':~ of Clearwater, Pinellas County, Florida, to wit: . ! Irr-~
1 St Lots 10, 11 and 12 Block 256, CARLOUEL SUBDIVISION, : t. ~:i
42 Sur _---- according to the map or plat thereof as recorded in A ~ ~~~;;
3 1;:\ :n,o,,~ :}a~i~~~~a~O co:~;~ ~~~r~1.~d 62. Public ReC;d~ 1" I ~ ~ ~t::
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W~REAS, Section 7-6 of the Code of Orn;n~nces of the City requires ff?at all
land that abuts a public right-of-way, which is to have new construction on it, either
E ~ for residential, commercial, industrial or other purposes, shall have sidewalks
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~ 00' constructed by the Owner on, acros s or adJacent -thereto; and
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.... ci "'1 WHEREAS, the affected property owner has appealed requesting a temporary
,..; p.; :gl wai ver of the side-Jalk installation requirement; and
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;g ~ r.;. 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,
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~ ~ ",.. such as warrant the granting of a temporary waiver; and
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WHEREAS, the owner of the property described herein understands that the
waiver granted herein is only temporary in character and that this agreement m.ust
provide a reasonable period of time for the waiver to be effective;
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 in light 'of the facts found as set forth in Exhibit A attached
~ereto and made a part herein as if fully rewritten, grants to the Owner a temporary
co ":waiver of the sidewalk installation requirement Unposed by Section 7 -6 of the Code
<:5 2 ~:Jof Orcii:nances of the City of Clearwater.
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~ u g ~ 2. The temporary _.~rl'ra.Dted .hall commence on . . "1- '97 1
~ ~ 0 ~nd %'1:n until the condition or reason for granting the waiver as s out in Exhibit A
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~ u ~:s1s removed or 0 erwlse c ged.
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::s 3. The Owner understands and agrees that the waiver granted herein is
qemporary 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
OrrHn::tnces of Clearwater. The Qwner,fu,rther agrees that should the condition
set out in Exhibit A which presently exists on the property and which was sufficient
to warra::1t granting the waiver be corrected during the perioli of this waiver, then
the Owner will imm.ediately comply with the requirements of Section 7-6 as it
relates to sidewalk installa.tion.
4. If the Owner or his heirs, personal representatives, successors or
a.ssigns shall fail to have sidewalks insblled for the described real property iD
a.ccordance with City specifica.tions and standards within ninety (90) days from the
notification by the City, tilen the City may have ~e sidewalks installed and a.ssess
and iInpose a lien against the described real property for the cost of the work.
5. This agreement is to be regarded as a covenant Tnnn;ng with the land
regardless of whether it is specUlcally mentioned in any deeds or conveyance sub-
sequently executed, and this agreement shall be binding on all parties. the heirs,
per80nal representatives, succeS80rs or assigns. .
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6. All noti~es 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:
William O. Hickok
970 Bay Esplanade
Clearwater, Florida 33515
"IN WITNESS WHEREOF, the parties hereto have caused these presents
to be exeCuted the day and year last above written.
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CIT,1
(SEA L)
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(SEAL)
William O. Hickok
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREB Y CERTIFY, that on this '~ day of
vJ, '--..,IJ/lJ, before me persq~A" .Jlppeared ' ' ,
~ /f~d (lL,d2,A/ X( y,~/\/ . respe ively City Manager, City Attorney, Cit"}
Clerk and Mayor-Commissioner of the City of Clearwater, a m.unicipal corporat
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 severat
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 corporatiol
duly affixed thereto, and the said Agreement i.the act and deed of said corporat
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WITNESS my signature and official seal at Clearwater,jD,. ~h~'~Ccro:o.ty of
Pinellas and State of Florida, ~e day and year st ab ve w.rl;t:eri..:,. ",.
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My Commission Expires:
Notary Public, State of Florida at tar<;e
My Commission Expires Aug, 28, 1982
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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'O.R. ~ 906 PAGE 130 9
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Before me personally appeared trJ II Jj cL /L? (). H / e../( 0 )C
to me well known ~d known to' me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they executed
the sam.e for the purposes therein expressed.
WITNESS my hand and official seal this
19 7! ·
"I '1M day of
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My Cormnis sion EXpires:
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Notary Public
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,AUG 29 19790.R. ~ 906 PAGE 131 0
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CIlY (:LERK
August 22, 1979
MEMO TO FILE
Manage4
FROM: Ant hony L. Shoemaker~ City
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COPIES TO: Mr. William O. Hickok, 970 Bay Espl anade Avenue 33515
Max Bat tIe, Direct or of Publ ic Works
Roy Ayres, Buildi ng Direct or
Lucille Williams, City Clerk
SUBJECT: MEMO ORDER: Wai ver of Sidewalk Inst allat ion
Mr. William O. Hickok
Lot s 10, 11 and 12, Block 256, CARLOUEL SUBDIVISION
952 Bay Espl anade Avenue
In response to a request from Mr. William O. Hick ok for a wai ver
of requi rement for inst allat i on of a si dewalk at the subj ect
property in conjunction with new const ruction as requi red 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, and
thi s is the last lot to be developed in thi s area.
2. A sidewalk on thi s property, at thi s time, would not form
a part of a rout e leadi ng to a school.
3. The absence of such a si dewal k woul d not present a pedest ri an
hazard.
In my judgement, the above findi ngs meet the condi tions presc ri bed
in Ordi nance 1624, Sect ion I, Parag raph (4)(a) and theref ore a
wai ver of inst allat ion of a si dewal k, at thi s time,lsgrant ed.
''Exhi bi tAl'