SIDEWALK WAIVER GRANTED (288)
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THIS AGREEMENT. m.ade and entered into this / t ~ day o~..--,~!-€A/
A.D. 19 7? ,by and between the CITY OF CLEARWATER, FLORIDA. a municipal
oorporation, hereinafter referred to as "City": and .) () HAl 5 H~-z. L I/Va
, hereina.fter'referred to as "Owner"; .
C.R. 4 7 8 ~ PAGE
32
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WITNESSETH:
:c' i I--~. WHEREAS, the Owner owns the follciwiJ::1g' described real property situated m
';1 ~t!J!:City of Clearwater, Finella. County, Florida. to wit: .
:~1-"-~ ~ SeE A rT",~~D J,.c~,q,- 1>G"JC/l./-PrlotJ "SGJ~V~)'
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~REAS, Section 7-6 of the Code of Orn;'n:tnces of the City reqtrl.res that all
land that abuts a public right-of-way, which is to have new construction on it, either
for residential, cOIDmercial, 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 tem.porary
wai ....er of the side-..raJ.k installation requirement; and
. .
WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
following conditions exist, a.s set out in his findings attached hereto as Exhibit A,
such as warrant the granting of a temporary waiver; and
>. ~ WHEREAS, the O'WI1er of the property described herein understands that the
.. ~ 00 waiver granted herein is only temporary in character and that this agreement must
E 8 t! 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
~ U ~ ~good and valuable consideration between the parties, receipt of which is hereby
w Z~ ~ 'i:loacknowledged, the parties hereto covenant and agree as follows:
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~ ~ ~ ~ 1. The City in light of the facts f01md as set forth in Exhibit A attached
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~ . ~ ~ hereto and made a part herein as if fully rewritten, grants to the Owne.r a tem.porary
~ ~ 5~waiver of the sidewalk,installation requirement imposed by Section 7 -6 of the Code
.S ~ ~ 6 of Orciinances of the City of Clearwater. ~
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-;~ u 2. The temporary waiver granted shall commence on _P.--c/, 4-., -L...2.... 7 ~.
;nd rcn until the condition or rea.son for granting the waiver as set out in Exhibit A
~s removed or otherwise changed.
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... ~ ~ ~ 3. The Owner understands and agrees that the waiver granted herein b3
:z; a s ~temporary in character and that it does not excuse the Owner or successors in
~ ~ a:l ~terest fr01:Il the sidewalk requirements Unposed by Section 7 -6 of the Code of
ti t: 0 ~Orn;"':I"'ces of Clearwater. The Owner.further agrees that should the condition
ac; U a.: ~set out in Exhibit A which presently ensts on the property and which was sufficient
~to w-arra=lt granting the waiver be corrected during the perioci of this waiver. then
~tbe OwDer will iIru:nediately comply with the requirements of Section 7-6309 it
o relates to sidewalk insta.l.la.tiou.
4. U the Owner or his heirs. personal representatives, successors or
asdgus shall fail tobave sidewalks installed for the described rea.l property iD
a.ccordance with City spedficaeons and standards within ninety (90) days from the
notification by the City. tOen the City may ha.ve~e sidewallcs installed and as ses s
and iInpose a lien a.gainst the d~scribed real property for the cost of the work.
5. This agreement is to be regarded a.s a covenant T"""'''';'''g with the land
regardless of whether it is specUically mentioned in any deeds or conveyance sub-
sequently executed. and this agreement sh~U be binding on all parties. the heirs.
personal representatives, succes sors or a.ssigns:
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O.R. ~ 7 8 4 P~GE
33
6. All notices pursua.I'..t to this agreement shall be furnished to the
respective parties a.t the following addresses, -until re~eipt of written instructions
notifyi:ng the ather party of a diHerent address:' ..
CITY:
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
JDHN S HEI-J-INu.
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-IN WITNESS WHEREOF, the parties hereto have caused these presents
to be exeCuted the day and year last a.bove written.
coUntersi~ ~
Mayor-Co . ssioner
CITY OF CLEARWATER, FLORIDA
By %L~, ..
4cPt~>ei~Yc<:?Aan~g~r .
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Attest:
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CityCle~k
WITNESSES:
CITY
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(SEA L)
'As to City
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As to ~er
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(SEAL)
OWNER -
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this ~ day Of/(J;;,~Jnv ,19 71"
~efo~eme personally appeared JeffErv,,!; Rutlerr'Tnom:1s A RlIsTinT.ll;;llp
W4JJ.1ams r.n:1rl es P T pr.hpr , res~Cti:~~ly City Manager, City Attorney, City
Clerk and Mayor-Commissioner of the City of Clearwa.ter, a municipal corporatiOl
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
ad::nowledged the execution thereof to be their free act and deed as such officers
thereunto duly a.uthorized; and that the official 8 eal of said municipal corpora.tion i
duly affixed thereto, and the said Agreement is the act and deed of said corporatio:
WITNESS my signature and official Ileal at Clearwater intl:leCounty of
Pinellas and State of Florida, ~e day and year 1 t abovewritte:p..
n'~.cHf Pu!f(ll, !dt..! '~J-j 11l."!~lI lH I~I ~_1I
i>1\'1 Cllmmis'.iun bp:r('s},'J,-;. 7.8. nl2
D;JnJuj ll;' Ah,..;;:c:.r. fir\.; t.. C".,uCllt'l Cor.'p;:;tl'l
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My Commission Expires:
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STATE OF FLORIDA )
COUNTY OF PlNELLAS )
Before me personally appeared . '.J~HtJ jHeLt,IAl4"
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 execut'ed
the SaIne for the purposes therein expressed.
O.R-. ~ 7 8 ~ PMlE
3q
19
WITNESS my hand and official seal this
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day of ~j.()~
My Com.mis sion E~ires:
Notary Public, State of Florida at Large
N\~ Commission Expires Jan, 25. 1981 .
''(M,~''S,~~'
Notary Public
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35
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PLA~ OF SURVEY
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DESCR I PTI ON:
From the cent,er of S$ction 30, Township 28 South, Range 16 East;
thence S 00 degrees 12'15" S, 50.00 feet along the centerline of
U.S. Highway 19;
thence N 89 degrees 5S'13"W, 896.89 feet alonq the south
right-of-way line of S.R. '580 to the east line of Dunedin
Industrial Park, a. recorded in Plat Book 64, Page 76, Records
.of Pinella. County, Florida;
thence 5 00 degree. 04'47" W, along said east line of said
subdivision, 710.00 feet to the point of beginning:
thence 5.89 degree. 55'13".,80.00 feet:
thence S 00 degree. 04'47.W, 420.00 f'.et;
thence N 89 degree. 55'13"W, 80.00 teet;
thence N 00 degre.. 04'4'''B, 420.00 teet to the point of
beginning, conta1nl.. lJ,IOO.OO square t.et or 0.771 acres.
Paul E. Hagler, P.E.
Civil Engineer
P. O. Box 4872
Clearwater, Fl. 33518
I. the undersigned Florida Professional Land Survey?r.
do hereby certify that the sketch hereon correctly
represents the parcel described above to the best of
my knowledge and bel ief. Signed and sealed this 10th
day of October. 1978.
~'~OfmionOI Land Sucvvyoc #27SJ
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November 28, 1978
MEMO TO FILE
O.R.4 7-8"~ PAGE
36
FROM:
~t.~
Jeffrey E; Butler, Acting c:ityMaliager
Copies to:
Mr. John Shelling# 2619-2639 Enterprise Street
Mr. Ed. B1anton# Building Director
Mr. Keith Crawford, Taffic Engineer./'
Mrs. Lucille Williams, City C1erk~
SUBJECT: MEMO ORDER: WAIVER OF Sidewalk Installation
Mr. John She lliing, 2619-7.639 Enterprice Street
In response to a request from Mr. John Shelling for a waiver of require-
ment for installation of a 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 no sidewalks within 200 feet of the property, and there is
a physical impediment to constIucting sidewalks 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 presc ribed in
Ordinance 1624, Section1, paragraph (4) (a) and therefore a waiver of
inl::ltallation of a sidewalk at this time is granted.
EXHIBIT A
TO:
FROM:
COPIES:
SUBJECT:
DATE:
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ctv OF CLEARWATER
Interdepartment Correspondence Sheet
Mr. Mike Paroby, Assistant City Manager
Keith Crawford, Director of Traffic Engineering
Ed Blanton
Sidewalk Waiver at 2619 Enterprise Drive
November 22, 1978
I have reviewed the sidewalk waiver request for the above location
and found that there is a question as to whether sidewalks can
physically be constructed. Further, there are no sidewalks within
200', this is not part of a school route, and is in an area where
it is not expected that any unusual pedestrian hazards will be
created by the absence of a sidewalk. In view of this, it appears~
that this property meets the criteria for the granting of a waiver.;