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SIDEWALK WAIVER GRANTED (117) '" I 77190297 AGREEMENT I [['t.4632 P^Gf 237 "..' " ,-.. ~..'-~ . THIS.AGREEMENT, made and entered into this ~ day of c:?~ A. D. 19~, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City"; andGeneral T~lephone Company of Florida hereinafter 'referred to .as "Ownerll; WITNESSETH: . WHEREAS ,the Ov:ner owns the follo~g descr~be~ re~~rE~~~erty situated in the Clty of Clearwater, Pinellas County, Florlda, to Wlt: ;?':~LA:i co. FLORIDA .t.l,~~~ SEE EXHIBIT "B" CLERK CIRCUIT COURT DEe 9 3 22 PH ~7l and" W~REAS, Section 7 -6 of the Code of Ordinances 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, commercial, industrial or other purposes, shall have sidewalks constructed by the Owner on, across or adjacent thereto; and WHEREAS, the affected property owner has appealed requesting a temporary waiver of the side~.J'a1k installation requirement; and 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, such as warrant the granting of a temporary waiver; and WHEREAS, the owner of the property described herein understands that the 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; 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 a.nd agree as follows: 1. The City in light of the facts found as set forth in Ex..lUbit A attached hereto and made a part herein as if fully rewritten, grants to the Owner a temporary waiver of the sidewalk installation requirement imposed by Section i -6 of the Code of Ordinances of the City of Clearwater. 2.-- The temporary waiver granted shall conunence on and run until the condition or reason for granting the waiver as is reII'l~oved or otherwise changed. October 2, 1977 set out in Exhibit A 3. The Owner understands and ag::rees that the waiver granted herein is temporary 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 Ordinances of Clearwater. The Owner.v.lrther agrees that should the condition set out in Exhibit A which presently exists on the property and which was sufficient to warrant granting the waiver be corrected during the period of this waiver, then the Owner will inunediately comply with the requirem.ents of Section 7 - 6 as it relates to sidewalk installation. 4. If the Owner or his heirs, personal representatives, succes sors or assigns shall faU 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 ma.y have the Sidewalks installed and assess and impose a lien a.gainst 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 conveyance sub- sequently executed, and this agreement shall be binding on all parties, the heirs, personal representatives, successors or assigns. RETURN TO: ~..... ~ ~. f d n 1 L( 7y Y , r\ .07-030-{l)((6) ~ '?1~ (tY_1_ --, ~., t. ' I I ~f:-R. 4632 PACE 238 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: General Telephone Company of Florida P. 0 Box 110 Tampa, Florida 33601 'IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. C oUnte r signed: ~~~~ ~::Commis si::;'nffJ · "/- Ap orrectness: WITNESSES: CITY ;1;), ~/t. ~,P 'J;; " (l""t.- GENERAL TELEPHONE COMPANY OF FLORIDA As t~i~;'-" f)~iJ7 (SEAL) r~~~;dl~~sT-;- (SEAL) Att . Vice P rill and Legality STATE OF FLORIDA ) COUNTY OF PINELLAS ) Bv: u_liitl-'------ __mm__ l.egal Cept. G'2 etal 1 elephone Co of Fla. OWNER I HEREBY CERTIFY, that on this 8th day of December , 1977 before me personally appeared Anthonv L. . Sho~maker. Thomas A." Bustin. R. G. Whi tehead and Gabriel Cazares , 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 known to be the individuals and officers described in and who executed the foregoing Agreement and severally _ackI1owledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said mumcipal corporation is duly affixed thereto, and the said Agreement is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, tlle day and year last above written. J!~ C~. Nota Pub~:,:~."" __ ",'. . . :.~ ,.':' ;....\ ^, "::.J i.....' ,_ - ..... .:::." My Commission Expires: Notary Public, State of Florida at Large M'/ (omm!s:iOll Expires Sept. 29, 1981 .. ; r.nr,JprJ Rv A"'pri,.....n Fir'" R. ~::Il"..:..ll'\i Cnmnan-w This instrument W:l.S prepayed by: TH?MAS A. BUSTIN, City Attorney CIty of Clearwater, P, O. Box 474i Clearwater, Florida 3351S -2- '-;1 t ' ~'" " , ~~.'::',: i:/ ~.:,~ ' ~'" ,. ' 819StI .\trl.T "1' ;";1 ~' .... 0"[..1 .:3;, Vj;).:,~':'"=n~ 01' f> Xoa '0 'i . }IU:irIJ X.J.t) .CO~ N~!U3Af ."-... oI! I I ~o.'t. 4632 PACE 239 STATE OF FLORIDA COUNTY OF HILLSBOROUGH I HEREBY CERTIFY, that on this u day of QJ 1977, before me personally appeared E. E. Wilson and Victor Leavengood respectively Vice President and Secretary of General Telephone Company of Florida, a corporation 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 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 corporation is duly affixed thereto, and the said Agreement is the act and deed of said corporation. WITNESS my signature and official seal at Tampa in the County of Hillsborough and State of Florida, the day and year last above written. :,".' i ,~" r~ ;, QQ.~ ( {J. {]t@.Q~ Notary Public ~Yf ,q,oIIlfl1iss.!.on Expi,res;. . 'I' ,'l. .,,:io~ I.~" ':'-', ~ . r,.,." , i ~, .;. > ;, '"( T (. /~. ,'. "". ,I" ""', I)... \ . i')' ',,} ::.; U .~. 01 c,s~ 40 R~;c I 6 o~ ;II 41 St 42 SUi ~______ 43 I rl\ 1ti1!'.a.:~~;:'::'''' . /L(}'i:> TOl 0- '101 , ~ .' I I ro~.. 4632 FAGE 240 EXHIBIT "B" Legal Description That part of the Southeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range 16 East, Pine11as County, Florida, and being more particularly described as follows: Commencing at the center of said Section 5, Township 29 South, Range 16 East, run N. 00018'16" E., along the North-South centerline of said Section 5, 305.15 feet to the centerline of County Road No. 50, being also State Road No. 588; thence along said centerline N. 89027' 55" W., 201.84 feet; thence N. 00017'05" E., 50.00 feet to the North Right-of-Way line of said County Road No. 50 for a Point of Beginning; thence from said Point of Beginning along said North Right-of-Way line N. 89027' 55" W., 514.19 feet; thence N. 00032'05" E., 200.00 feet; thence S. 89027'55" E., 456.84 feet; thence S. 31032'16" E., 107.10 feet; thence S. 00017'05" W., 109.25 feet to the Point of Beginning. Containing 2.300 acres more or less. ~ ... .' ."! I I [6:"1. 4632 PACE 241. November lO, 1977 ::~: TO FILE Anthony L. Shoemake~, City Manager~ Copies to: General Telephone Company, P. O. Box 110, Tampa, Florida 3360p Mr. Ed. Blanton, Building Director Mr. Keith Crawford, Traffic Engineer Mr. Robert G. Whitehead, City Clerk SUBJECT: MEMO ORDER - WAIVER OF SIDEWALK INSTALLATION General Telephone Company - property described in Exhibit B to the Waiver Application. In response to a request from General Telephone Conp any for a waiver of City requirement for installation of a sidewalk at the above-described property in conjunction with new construction as required by City Ordinance, I have examined this property and the following are my findings: l. There are no sidewalks existing within 200 feet of the subject property; 2. A sidewalk on this property would not form a part of a route leading to a school; 3. The absence of such sidewalk would not present a pedestrian hazard; 4. There is a severe physical impediment to construction of a sidewalk in this area. In my judgment, the above findings meet the conditions prescribed in Ordinance l624, Section l, paragraph (4) (a), and therefore a waiver on installation of the sidewalk at this time is granted. EXHIBIT A.