SIDEWALK WAIVER GRANTED (331)
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78155372
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AGREEMENT
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TEIS AGREEMENT, made and entered into this 12 day of September
A. D. 1978 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City"; and Joseph F., Varde and Alice M. Varde (his
wife) , hereinafter 'referred to as "Owner";
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, WITNESSETH:
WHEREAS, the Owner owns the following described real~rop~rff!~it+~ted in
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the City of Clearwater, Pinellas County, Florida, to wit: . ,\.. ,:-",-{:,:; " ~'
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01 Cash(~ Cl.ERr. C!RCUIT G::'\JRT
40 Rec 13.00 Lots 348,349,350 and 351
Del Oro Groves OCT Z 12 54 PH '70
41 St 3323 San Pedro Street I' . ·
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W:HEREAS, Section 7 -6 of the Code of Ordinances of the City requires that a.ll
land that abuts a public right-of-way, which is to have new construction onit, either
for residential, commercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, acros s or adjacent thereto; and
WEEREAS,the affected property owner has appealed requesting a. temporary :>0
waiver of the side.~alk installa.tion requirement; and ;;, E ~
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WHEREAS, the o"\Vner of the property described herein understands that the+> V1 ~ ~
waiver granted herein is only temporary in character and that this agreement must~ ~ f$-3
provide a reasonable period of time for the waiver to be effective; & ~ ~ ;
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NOW, THEREFORE, in consideration of the foregoing premises and other :; ~ ~ 5
good and valuable consideration between the parties, receipt of which is hereby ~ ~ is
acknowledged, the parties hereto covenant and agree as follows: E-i
WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
following conditions exist, as set out in his findings attached hereto as Exhibit A,
such as warrant the granting of a temporary waiver; and
1. The City in light of the facts found asset forth in Exhibit A attached
hereto and made a part herein as if fully rewritten, grants to the Owner a temporary
waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
of Ordinances of the City of Clearwater.
2. The temporary waho.er granted shall com.m.ence on ~~ /1...-- /9 7 ~
and run until the condition or reason for granting the waiver as se'to;;'t-~ Exbibif A
is removed or otherwise changed.
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3. The Owner understands and agrees that the waiver granted herein is .. CXl'
temporary in character and that it does not excuse the Owner or successors in 0 ~ ;! j
interest from the sidewalk requirements imposed by Section 7 -6 of the Code of ;::J; ,'=.,
Ordinances of Clearwater. The Owner,further agrees that should the condition ~: g [&"
set out in Exhibit A which presently exists on the property and which was suifici~f 05:;;
to warrant granting the waiver be corrected duri.."'1g the perioci. oithis wai".rer, thelt u a.; f$
the Owner will im.m.ediately comply with the requirelnents of Section 7 - 6 as it ~
relates to sidewalk installation. ~
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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) days from the
notification by the City, then the City may have the sidewalks installed and assess
and impose a lien against the described real property for the cost of the work.
c:; 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.
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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: Mr. & Mrs.. Joseph Yarde
2510 Oak Trail S.
Apt. 104
Clearwater, Fla. 33516
'IN vVITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
CoUntersigned:
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Mayor-Commissioner
By
Attest. !'!;' ... ", I
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CIT~\'\
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(SEA L)
(SEAL)
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLJ\.s )
I HEREBY CERTIFY, that on this 12th day of, September , ,19 78
before rne,tlirsonally appeared Anthony L. Shoemaker, Thomas A. Bustln,
LUCJ.lle Wl~ lams " t' 1 C. M ' C' A ' 'C'
and., C'hrirl P!': F _' LpC'hpr , respec lve y lty, anager, lty ,ttorney, lty
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
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 is
duly affixed thereto, and the said Agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater iii the County of
Pinellas and State of Florida, tIle day and yea last abov:e written.
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My Commis sion, Exoires:
Notary Puhlic, State of FlOrida at 1.~'(:'
M.y Commission Expires Aug. -:'~, 1'13.1
Bonded Bv American Fire &. Casualty CUr:lpan'l
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STATE OF FLORIDA )
COUNTY OF PlN''ELIAS )
Befo~~~i&yapp~aredO',.d7/Jud aJC~ );?j~4
to rile well known ~nd known to me to b~/~J individuals described in and who
executed the foregoing agreement and a:~knowledged befor'e me that they executed
the same ,for the pul'posestherein expressed. .
r) WIT, NESS my hand and official seal this //~ day Of.! zr-, " -4,
19 10 . ' /~
My Commission EXpires:
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September 14, 1978
a,R; (l7 56 PAGE 52'0
MEMO TO FILE
FROM:
Anthony L. Shoemaker, City Manager () >-t--IJ
Mr. &, Mrs. Josepb F. Yarde, 3323 San pedro~)
Mr. Ed. Blanton, Building Director
Mr. Keith Crawford, Traffic Engineer ~
Mrs. Lucille Williams, City Clerk~
Copies to:
SUBJECT: MEMO ORDER: Waiver of Sidewalk Installation -
Mr. & Mrs. Joseph F. Yarde, Lots 348, 349, 350
and 351 Del Oro Groves
In response to a request from Mr. & Mrs. Joseph F. Yarde for a waiver
of requirement 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.
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 I, paragraph (4) (a), and therefore a waiver
of installation of a sidewalk at this time is granted.
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ciTY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Mr. Anthony L. Shoemaker, City Manager
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M. J. Paroby, Asst. City Mgr. r,'l(:1
FROM:
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation - Mr. & Mrs. Joseph F. Yarde
3323 San Pedro Street
DATE: September 14, 1978
,Rec ommendation
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:
FROM:
COPIES:
SUBJECT:
DATE:
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Sidewalk Waiver at 3323 San Pedro Street
September 14, 1978
cl T Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
We have checked this location in the field and found that this is
an interior lot on a long block which has no sidewalks on either
side of the street. The location does not involve a school route
and we do not foresee any particular pedestrian safety problem
created as a result of waiving the sidewalk.
It is our recommendation that this sidewalk be waived on the basis
of meeting the criteria in the ordinance.
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