SIDEWALK WAIVER GRANTED (107)
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80073"81 A G R E E MEN TJ tf~ }6;!{).
THIS AGREEMENT. m.a.de and entered into this 8 day of A//~ JL
A.D. 19 %t:' , by and between the CITY OF CLEARW'ATER, FLORIDA, a municipal
oorporation. hereinafter referred to as "City"; and V. jvl. .,. III VE..5 r#ENT co.
::r: J;i. Jl1 A rc II E TT€ hereinafter 'referred to as "Owner";
WITNESSETH:
O,R, 5 020 P~GE 666
WHEREAS, the Owner owns the follOwing described real property situated in
the City of Clearwater, Pinellas COWlty, Flori,da, to wit: . rile ..5dvr/lEIf'LY.St;J, a?
[:"T of" 1.07 I ",,,,.I 4/1 or lo-f- ).~ 61ocK' ~ /1/'- rON /"-1/f.c; "CCOJ-01:J
(J rhto //41 rAere o-r J-e,cd,de/ /n /k1"1 ~odL 0 /~t<J ~9' d.T
7.1 I' /v ~ //C-" ~t' c d /-;/~ If? /' ~n ~ #~ 3 Ct'v/? ;' 1/., FL 0 / -) dC/i.
and' /' ./
J J-/7 FW,/A/c;, A-I/E. - CLEAXJW~ T&'/e ;L.A.
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~REAS, Section 7-6 of the Code of OrrHT'I~T'Ices of the City requires that all
Th.ndthat abuts a public right-oi-way, which is to have new construction on it, either
for residential, cOmnlercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, acros s or adjacent -thereto; and
WHEREAS, the affected property owner has appealed requesting a temporary
wai ver 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, as set out in his findings attached hereto as Exhibit A,
such as warrant the granting of a temporary waiver; and
WHEREAS, the ovmer of the property described herein understands that the
waiver granted herein is only tem.porary in character and that this agreem.ent 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 theparties, receipt of whid:i,is hereby
acknowledged, the parties hereto covenant and agree as follows:
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ro :t 'd4 00 1. The City in light of the facts found as set forth in Exhibit A attached
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~ >,~ ~ereto and made a part herem as if fcl.ly rewntten, grants to the Owner a temporary
~ G 0 ~ivet' of the sidewalk installation requirement imposed by Section 7 -6 of the Code
~ Z p.; ~f Ordinance s of the City of Clearwater.
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~ ;g ~. .: 2. The temporary waiver granted shall commence on L/- - .:2 7-g 0
E ~ ~~nd rcn until the condition or reason for granting the waiver as set out in Exhibit A
E < ~ ~s removed or otherwise changed.
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.~:E >, . 3. The Owner understands and agrees that the waiver gra:nted herein is
.~ ~ g texnporary in character and that it does not excuse the Owner or successors in
E-t :il:terest from. the sidewalk requirements iInposed by Section 7-6 of the Code of
~r~;TI::ITlCe8 ()f Clearwater. The OwD.er.further agrees that should the condition
~et out in Exhibit A which presently exists on the property and which was sufficient
'.. 00'0 warra:1tgranting the waiver be corrected during the perioci oftb.is waiver, then
o ~ ~ jhe Owner will iIn:mediately comply with the require.tt1ents oi Section 7-641.5 it
~ tl ~ ~elates to sidewalk installation. '
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f- ~ . ~ 4. Ii the Owner or his heirs, personal representatives. successors or
~. tl ~ ~sai~. .hall fail to have sidewalks installed for the described real property iD
~a.ccorda.ncewith City specifications and standards within ninety (90) days from. tbe
;Jnotification by the City, tilen the City may have ~e sidewalks installed and as sea l!J
t5and iInpoae a. lien 'against the d~.cribed real property for the cost of the work.
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5. This agreement is to be regarded 3.5 a covenant r,,'!'\'!'\;ngwith the land
rega.rdles!I of wbether it is specifica.lly mentioned in any deeds or conveyance sub -
sequently executed, and this agreement sh~ll be binding on all parties, the heirs,
P~fr:;~g~resenta.tives, successors or assigns: ';'~',j;:;}sD).
be !2?_C>...o P\Hfi.lAS ;.'.:.:.: LiH~~[~,
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CLE,Rf. CIRCUIT COUI\'
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n.R. 5020 PAGE 667
6. All notices pursuant to this agr~ement shall be furnished to the
respective parties at the following addresses, .until receipt of written instructions
notifying the other party of a different address:' " .
OWNER:
.J:11. I,/\J VE~r jl1[/lJ'TJ
TA/'1e..s ,.,c /'1/1 7t'1I E 'I TE
3/0/ C vs "Te/e ' Ave-
/'11 L LA/.. WI.!> .
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-IN WITNESS WHEREOF, the parties hereto have caused these presents
to be exeCuted the day and year last above written.
CITY:
City Manager
PO Box 4748
Clearwater, Florida. 33518
4~
By
Mayor-Co
correctness:
Attest:
l-. ~'>.-I..J~~~
City Clerk' ,. .
WITNESSES:
aChl}{JAlL c/ GumOJJ1/~
~~, &M/JM
24J I L,t. r
MA4I t J%o'H!~
As to Owner
CITY
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>< ,AI1,JA/veXfA1-t/'lI;.'" (SEAL)
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OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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I HEREBY CERTIFY, that on this OL cia. yo! '\ ..' , 19 ~
befot~ me personally appearedAnt./lql'Jyct::Shoemaker~ ThomasA'-oIiBustii':J:'.Ludllp. Willi.::lmc:;
and arles F. LeCher . respectively City Manager, City Attorney, City
Clerk and Mayor-Ccm::unissioner of the City of Clearwater, a municipal corporatiC]
existing under the laws of the State of Florida, to m.e known to be the individuals
and officers described in and who executed the foregoing Agreement and severally
acia10wledged the execution thereof to be their free act and deed as such officers
thereunto duly authorized; and that the official seal of said m.unicipal corporation i
duly affixed thereto, and the said Agreement is the act and deed of said. corporatio:
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WITNESS my signature and o fficia.l seal at Clearwater inct~~d~ty of
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Pinellas and State of Florida, ~e day and year last above writfe=...' 00'
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ry Public,; , :.. .
My Commission Expires:
Notary Public S"l,~ d f1ori~il at t~rl1r
My Commis.jod '="";I".S Oct ':1 ":,,>:,
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~roN.II.IV O,R. 5 0 2 0 PAGE 668
STATE OF . '\)
COUNTY OFYB._ ~S)
Cff/lw.4v"f~e-
Before m.e perscma.lly appeared
to me well known ~d known to' me to be
executed the foregoing agreem.ent and a owledged before
the same for the purposes therein expressed.
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() WITNESS :t;ly hand and official seal this j.J/::!' cia. y of O~
tJO .
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~ry Public ;gy
My Commission EXpires:
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O.R. 5 0 20 PAGE
669
April 27, 1980
FROM :
Anthony L. Shoemaker, City Manage
MEMO TO :FILE
COPIES TO:
J.M. Investments; James F. Matchette
Max Battle, Director of Public Works
Roy Ayres, Building Inspection Director
Lucille Williams, City Clerk
SUBJECT:
MEMO ORDER--Waiver of Sidewalk Installation
J.M. Investments; James F. Matchette
The S50 feet ,of Lot 1, and all of Lot 2,
MILTON PARK
1217 Ewing Avenue
In response to a request from Mr. James ,F. Matchette (J.M. Investments)
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,
and this is the last lot to be developed in this area;
2) A sidewalk on this property, at this time, would not form a
part of a route leading to a school; and
3) The absence of such a sidewalk would not present a pedestrian
hazard.
In my judgement, the above findings meet the conditions prescribed in
Ordinance 1624, Section 1, Paragraph (4)(a) and therefore a waiver of
installation of a sidewalk at this time is granted.
"Exhibit A"
SEE PLANS IN FILE