SIDEWALK WAIVER GRANTED (262)
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77029904
AGREEMENT
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THIS AGREEMENT, made and entered into this ~ day of 4 ea.
A. D. 19,71 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City"; and JAMES c. JOHNSON and CAROLYN C.
JOHNSON, his wife , hereinafter 'referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
40 ~~t;l of Clear::e:" ::;:~a:e C::::'v;sl:::~a~~~ ::: as recorded ~ r.~~ ,~
41 St in Plat Book 32, Pages 68 and 69 of Public Records ;: f',.
42 Sur of pinellas County, Florida ... ~ ~~:~~
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~HEREAS, Section 7-6 of the Code of Ordinances of the City requires tha.t ci4~ ~
land that abuts a public right-of-way, which is to have new construction on it, ~her
for residential, commercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, acros s or adjacent thereto; and
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WHEREAS, the affected property owner has appealed requesting a temporary
waiver of ~he sidewalk 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 and agree as follows:
1. The City in light of the facts found as set 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 waiver granted shall commence on FEB 8 1977
and run until the condition or reason for granting the waiver as set out in Exhibit A
is removed or otherwise changed.
3. The Owner understands and agrees 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 further 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
thedOwne:r will irnrnediately comply with the requirements of Section 7- 6 a.s it
relates to sidewalk installation.
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.
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-
sequentlyexecuted, and this agreement shall be binding on all parties, the heirs,
personal representatives, successors or assign~ted bY:, t\
ent waS 'Pt'e~ Attorney RETURN TOI' ..
This instt'urn P.1:S'1'lN, Clty 4748 CITY CLERK
OM-AS A,. v - P. O. BoX
.'1'11. ... f Clearwater, '1 33518 P. O. BOX 4748
Clty ~le~nvJ1i~r, Flonc a CIY,\ }i',N.\ Ty,:T;, 1'" I' O-;'007'OOl()1
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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 diffe~ent address:
CIT Y :
City Manager
PO Box 4748
Clearwater, Florida 33518
OWNER:
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
correctness:
C1TY1/LEARWATER, tL~RIDA
BY1~!~~~
Attes' ~..
CoUntersigned:
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Ma yor - C ornmis sio
WITNESSES:
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As to City
CITY
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(SEAL)
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OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, day of .::;-~
before me personally appeared ~ Y r;-
and ~ ~ ' respectively it Manager, City At orney, 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
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
<:!ll!Y affixed thereto, and the said Agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwa:t-er iIithe County of
Pinellas and State of Florida, the
day and year last above written.,;,,,,..,,
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My Commission Expires:
Notary Public, State of Florida at large
My Commission Expire. Sept. 29, 1977
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Before me personally appeared JAMES C. JOHNSON and CAROLYN C.JOHNSON
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they executed
the same for the purposes therein expressed.
WITNESS my hand and official seal this
19 77
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7th
da y of Febru ary
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ry Public
My Comn).is sion Expires:
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February 16, 1977
MEMORANDUM TO FILE
FROM:
Picot B.
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Floyd, Clty Manager\\,'
COPIES TO:
Mr. & Mrs. James C. Johnson, 287 Bayside Drive
Mr. Ed Blanton, Building Director
Mr. Robert G. Whitehead, City Clerk
SUBJECT:
Memorandum Order - Waiver of Sidewalk Installation
Mr. and Mrs. James C. Johnson, Lot 7, Bayside
Subdivision No.4, Clearwater, as recorded in Plat
Book 32, pages 68 and 69 of Public Records of
Pinellas County.
In response to a request from Mr. and Mrs. Johnson 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:
1. 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; and
3. The absence of such sidewalk would not present a pedestrian hazard,
since this property is at the end of a cuI de sac.
In my judgment, the above findings meet the conditions prescribed in Ordinance
,#1624, Section 1, Paragraph (4) (a), and therefore temporary waiver on tn-
stallation of the sidewalk at this time is granted.
EXHIBIT A.
TO:
FROM:
COPIES:
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Clly OF CLEARWATER
Interdepartment Correspondence Sheet
Mike Paroby - Asst. City Manager
E. Blanton - Building Director~.
SUBJECT: Sidewalk Waiver Request - 285 Bayside Drive, Clearwater Beach
DATE: February 8, 1977
The subject property is located near the end of one of the older
fingers at Clearwater Beach. An investigation by departmental
personnel reveals that the closest walks are well in excess of
2DD-feet. The area is not considered as part of a route leading
to a school and, with its location on a dead-end street, the
lack of a sidewalk would not create a pedestrian hazard.
In view of the above, it is recommended that the subject waiver
be granted.
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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C'T Y 0 F C LEA R W ATE R
Interdep.rtment Correspondence Sheet
Mr. Mike Paroby~ Asst. City Manager
Keith Crawford~ Director of Traffic Engineering
Ed Blanton
Sidewalk Waiver Lot 7, Bayside Subdivision
February 11,1977
I reviewed the request for sidewalk waiver at this location,
also known as 287 Bayside Drive~ and found the following:
1. There is no physical condition which would prevent
construction of the sidewalk.
2. This would be the only sidewalk for the entire length
of Bayside Drive.
3. It is not part of a school walk route.
4. In view of the fact that this property is located in
the cul-de-sac at the end of the street, it is not felt that
a pedestrian hazard would be created by awarding the waiver.
In view of the above~ it appears to me that it would be proper
to issue a waiver as requested.
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I JITY OF CLEARWATER
Interdepertment Correspondence Sheet
TO: Mr. Picot B. Floyd, City Manager, Through the City Attorney
FROM:
M. J. Paroby, Asst. City Mgr. I
ar?
COPIES:
SUBJECT: Request for Waiver of Sidewalk Installation - James C. Johnson, 287 Bayside DrivE
DATE:
February 16, 1977
Recornrnendation
Sign the attached Waiver of Installation of Sidewalk.
See attached memo to File.
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