SIDEWALK WAIVER AGREEMENT AND CANCELLATION
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75035628
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Pt__!... 4271 PAGE1967
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CITY OF CLEARWATER
CANCELLATION AND DISCHARGE OF AGREEMENT
THA~ ~~~~E~~~ ~~Nt~~ TI1FoSt~ P~~~E~iS' April , A.D. 19 71,
WilliamO. Payned/b/a Woodbrook Homes, and Beatrice W. Payne. his wife,
owner of the following described real property, si'tuate, lying
and being in the City of Clearwater, Pinellas County, Florida,
to wit:
Southerly 801 of Lot #1, BrookhillTerrace
A/KIA 1596 Eunice Lane
did enter into an agreement with the City of Clearwater, Florida,
8H-munl-elpalco-rp{)pation, providing for the futurelnstallation
and construction of sidewalks by the owner; on, across or .
adjacent to said described real property, and
WHEREAS, said agreement was recorded on the 19th day of
IApril ,A.D. 1971 , in Official Record Book No. 3524,
page 429 , 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 17th day of March
A.D. 19 75, 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
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Approved as tOe form and correctness:
By
Countersigned:
~~
City Attorney
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I ----- Cit1fleI'k
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me the undersigned, personally appeared Gabriel Carazes,
Picot B. Floyd, R.G. WHitehead and Herbert M. Brown
the Mayor-Commissioner, City Manager, City Clerk and City Attorney,
respectively, of the City of Clearwater, Florid~ 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.
WITNESS my hand
A.D. 19 75
and official seal this 24th day of March
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My Commission Expires:
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My Commission Expires Sept, 29, 1977
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This instrument was prepared by:
HERBERT M. E:rrOWN, City Attorney
City of C]earwat~~r, P. O. Box 4748
Clearwater, FlGric.n 3:r518
~ETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW ATEIL..ffft" /h,' ,'3~ /8'
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
I
JITY
OF
CLEARWATER
V City Clerk
Finance Director
I nterdepa rtment Correspondence Sheet
Keith Crawford, Director of Traffic Engineering
Mike Paroby, Max Battle, and Mrs. Josephone Doherty
Sidewalk Waiver for 1596 Eunice Lane
March 14, 1975
Mrs. Josephone Doherty has paid for construction of a sidewalk on
Belleair Road at Eunice Lane in accordance with the terms of a
sidewalk agreement. This necessitates action by various city
departments as follows:
FINANCE: Attached is Mrs. Doherty's check. Please process as
we recently discussed so that the Sidewalk Fund (CIP 1901) may be
reimbursed in the amount of $542.75.
CITY CLERK: Please indicate in your records that this transaction
is completed and that the property owner is no longer obligated
for sidewalk construction. Also, make arrangements to remove the
sidewalk agreement from the records at the Court House. This
agreement was dated April 10, 1971, and is recorded in a.R. 3524,
Page 429. The property is described as the Southerly 80' of
Lot 111, Brookhill Terrace.
If you have any questions please call on us for clarification.
KC:la
Att.
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be-A) ~
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A G It
l'II1S ^C:)~EE1'IENT, made and cnl'C'red into lId~;
by ..nd he t\J('cn LI1l' ClTY OF
referreo Lo ~r; "City"; ..no
hereinafter rcferred to..s "O....ncl-ll;
WITNESSETI1:
! ;:IttlEREAS, the O.mer O\.,IOS the. follm.'ing der.cribed real properi:y Situated., in the.
j: fity~ C1e.:ln.'atcr,~r~nel1Ll;' County, FfVlot"idai: . c/ L; A.' Ill'/b~'
Eli:! 1 <> "" 0'0 ( c7'tJ-/f' .~(;
~cr""'5 Il\ 0 I :. / , .' '
Ijul:':: '" /j kl//. j,s'16 EutVl e..e. t-.?liV' F .
. l$ ~is Agreement is for the Belleair Bo:ulevard ri.ght. 'of way only.
and ..
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CfJIIERE^S, Ordinance No. 1219 of the' City requires tbat all land that abuts a public
right of \,'ay, uhic.h i~ to have 11C\'] construction on it, either for residcnti.1l,
COJn.'11.erc inl, indus trial or other purposes, shall have sidcHalb; cons truc ted by the
Ol-lner on, across or adjacent: thereto; and .
\mEREAS, the O,.,IOer is c-i."ccting ccrtainncH constl'uction on snid property and
has reguC>Dted the City nt this time. not to require the iuu11ediClte i.nstallntion and
construc lion of side\.]alks in connec tion there\.Ji th; and,
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~ ~,. WI1EREAS, the O.mer has agreed that if in the future the City, in its sole dis-:'
$!; cretion, determines that it is advisable and necc>ss<1l.")' to have sue11 :d,clcHnlks
<:) ~ :-< ~nstalled, that th~ O..:ner \.Jill, l.!pon notification by the City, have siclc'\Valks-
~t~"p~ ~l1lmedi<ltely installed at his e):pense, and if he should fail 1:0 do so, then the City
f:: 6 0 ~ay have suicI install.:lt5.on made and impose a li0n against the described real property
(, '
",- '~or the cost thereof;
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,: _ N01']) Tl1Enr:FO}~I,~, in coi'iddcrntion of tlle foregoing
:?~ ~aluablc consi<kration be1:ucen the parties, recc;ipt of
:,~ f!:11e parties hereto covenant ilnd agree as fo1J.o\-1s:'
E-: (3. a
.C(~ t:.y-4 ' Q)
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.cQ p.; ~ of
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E~ ~ is on
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prcmiRes And other good and
\lhich is hcteby ackno\!ledged,
f. The
side,.wl ks
the above
City \-Ji11 not at this time requiTe the installation Dncl construction
as part of the erection of the building ~lJ)d improvements by the O;,mcr
desct-ib~d real property.
2. The City nwy at any time in tl)e future notify the O;.mer, his heirs, personal
representatives, successors or assir.n~ that the City in its sole dif;crction has
.determined th~t it is advisable and necess~ry to have sidewalks installed in
connection ",ith said ~lescribcd rC<1l yrDperty.
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3. The. O.,mer or his heirs, personal reprcscntativc>s, successors or assigns
sha11'..t his e):pense "lithin ninety (90) d<!ys from the 'notification by the City have
sidc\-.'alks installed for said described real property in acconlance \-lith CHy
. sp.ecifications and, standard:; as established.
4. If the o-..mcr or his heirs, personal represen ta tives, successors or C1ssigns
shall fail to ,h<1\'e' side\'.'3l1~s installed fo!." the describC'.d real property in accordance
\-Jith City specific.1tioils and stanc!;n-ds \'lithin ninety (90) d.1Ys from the notification
by the City, then the City nay ll<lve the sidc;:alks in:;tnlled .:md .:Jssess and impose a
l!'~llaea_~ns~ t1.)e_descr~bcJJ X~~lJ2Lopctt.yfol." the cost of _thcvork.
5. This aGreement is to'Le reg<lrdcd ..s a COVel1<lnt running \-lith the land,
regardless of \-..hethel." it is specific<lll)' J;~entioncd ill :-In)' .deeds' or conveyances
suT)scqucnt1.y e;.:c.'cl.Itcd, and thi~; agrec;.;ent sh.11.1 be bindin0 on .:111. p<lrtics, their
heirs, pcr~;on31 rc:prc!;cnl:atives, :;uccc:ssCJrs or a!;:;ign:-:.
6. All notices pursu;1nt to tbis <J~re('ll;ent shall be fl.lrnir.;hcd to the rc':;pccti\'c
parti('~ at tIle fo11.owin~ addresses, until receipt of writtcn instructions notifying
the other p<lrty of a different addrc:ss:
Ci.ty: o.
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tlr. Herretl n. Stierheim
City 1l.11l;1!'.('r.
1'. O. Box /171.8
ClcnrwalcrJ Florioa 33518
,RECORDER'S Mt.: ' ':
Legibilitr of Writing, Typing
or. Printmg unsatisfactory in
this document ,when received.l-
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C.R. 3524 PAGE 430
IN \HT1~ESS \mEl~EOF, the p:1r.ti.cs hereto lwvc caused thef,e presents to be
executed the day nntl ye.:lt' l:Ist nbovc Hrittcn.
l~itnesses :
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AP,prOV"~, to form &: c, orrec, tncss:
Ctft~ ' . ~
City Attorney
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As to, CT.,tner
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STATE OF FLORIDA )
COUNTY OF P INELLAS )
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I HEREBY CE1~TIFY, that on this /6.d-day of _ ~ ~_, A.D. 197-L,
before me personDlly nppeared }Jerrett R. St:i.crlwim, Jl;;]~oim) R.G.l{bitehei1c
and n. .Everett llouge:n, respectively City Man~gc.r) City Attorney, City Clerk and Hayor-
Commissioner of the City of Clcor\vater) a munid,pal cm:-porat:i.on existing under the
1"'....s of the State of Florida, to me l<11o\1n to be the individuals and officers described
in and ",ho executed the foregoing AgreCil)ent and severally [lcknO\.Jlc.dgc~l the execution
thereof to be thcdr free act and deed as SUC]l c)fficcn; tJ)('.[eunto duly.aut!,1orized; and
that the offici31 seal of said municipal corporation is dulY'!lffi.xcd thereto; and the
said <:IgrecJ.:lcmt is the act 'and deed of said corporntion.
WITNESS my signature and official seal at: Clean:.'ater in the County of Pi.nell as
an.d State of Florida, the day find year last above \vritt.:cn.
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Notary Pubhc, :>tate of Ffontla at '':I'"
My Commisrion .Expires Od. 22, 1974
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COUNTY OF PINELLAS)
Befor6 me personally appearcd
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to mc \"e11 l~no\oln anu l<noHn to 1:1e to b0. the i.ndiviciu~:1~ c1L'~;cribed in and ",110 eXcct1tcd
thc foregoing a~J'('cment .:Jnd c1ckno\'11edged before mc tlla t they cxccu ted the SDlIIC for
the purposcs therein expresscd.
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WITNESS lilY h.:Jnd .::md offic.ial seal this' /I!) ~
d:lY
A.D. 197/
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My Commission ,Expires July 18, 1973
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