SIDEWALK AGREEMENT AND WAIVER DENIAL (2)
I
RE!"'':'i" ~~p
\ ',... "" :,i
I
D;:~f'
-,-.
[3
',~ .-..?
(J
November 30, 1978
FROM:
Anthony L. Shoemaker.
MEMO TO:
FILE
Copies to: Mr. & Mrs. John W. Cornell. 2035 Phillippe Parkway. Apart.H177
Safety Harbor. Florida 33572
Mr. Ed. Blanton. Building Director ~
Mrs. Lucille Williams. City Clerk~
Mr. Keith Crawford. Traffic Engineer
SUBJECT: MEMO ORDER: Waiver of Sidewalk Installation
Mr. & Mrs. John W. Cornell
Lot 11. Book 26. Page 79
Downing Subdivision
3137 Downing Street
Clearwater, Florida
In response to a request from Mr. & Mrs. Cornell for a waiver of Cityrequire-
ment for installation of a sidewalk at the above-described property in conjunc-
tion with new construction as required by City Ordinance, I have examined
this property and the following are my findings:
1. There are sidewalks existin~ within 200 feet of the subject property.
2. There are no physical impediments to construction of a sidewalk.
J
3. A sidewalk on this property would not form a part of a route leading
1
to a school.
4. The absence of such sidewalk would present a pedestrian hazard.
In my judgment. the above findings do not meet the conditions presc ribed
in Ordinance 1624 Section 1. paragraph (4) (a). and therefore a waiver
of installation of the sidewalk is denied.
EXHIBIT A.
'-XV
CJ 9 J
IV'
~
() 7 - 0 ~ G,-coCS/
'"
TO:
FROM:
COPIES:
I
city OF CLEARWATER
Interdepartment Correspondence Sheet
Mr. Mike Paroby, Asst. City Manager
Keith Crawford, Director of Traffic Engineering
Ed Blanton
SUBJECT: Sidewalk Waiver - 3130 Downing Street
DATE:
November 29, 1978
We have reviewed the request for a sidewalk waiver at the above
location and found that a sidewalk can be built, although it will
not connect to anything on the side of the street where the house
is being constructed. There is a sidewalk in front of the house
to the east of the property directly across the street and a
house is under construction to the west of that property. Therefore,
there are sidewalks within 200 feet. In view of this, it appears
that this does not meet the criteria established in the ordinance
for granting the waiver.
t<J;;;;
KC : 1 a
MR. & MRS. J. CORNELL
2035 PHILIPPE PARKWAY #IT
, SAFETY HARBOR. FL 33572 i
~~
/~~~
~ F~ 3-=1.J/6'
, .
7:~L/~ ~
/L~~~g---~~
L~.:1/3? ,tJ~~7~. /~ ;;e;,~".;2/
7e~~L:~~
r'f; 4-~~-L<L~~~-#
~~..-, ~A>-J~-~,/
A;j#-.4- .7~~h.Q
~ . A</~~~~
.4-~~~~-'"' 4d74
~J~~~
~~~~'..
fri~
/(/Ij :t/7r
/
.' I AGRE'EMENT POkJ:;J..()O ~L.
_ ~ > . I rt7-dU, 0 7;).. 7/~
THIS AGREEMENT. made and entered into this ';7;). d day of ';1/~
A.D. 19 7Y , by and between the CITY OF CLEA~WATER, FLORIDA, a municipal
oorporation, h, ereinafter referred to as "City"; an~...... /J) ;?~/.f2 Ve'14V,/I1~
. . , hereinafter 'referred as "Owner"; . ".
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
the City of Clearwater, Pinellas C01mty, Florida, to wit: .
UJv..~4. e.-..//L ;;/,#,,/1/ ~:u' .
,f'-~;.37 ))411/.#/41 ~ . ff h 79 d'~ ~ ~
(Ji..J!'J~~~:rFA/ ;:,,4,.. ~v/? -r F' . ~ q
and'
~REAS, Section 7-6 of the Code of Orni-n:;l-nces 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, cOIDInercial, 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-..1alk 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 Ordinance s of the City of Clearwater.
2.. The temporary wai ver granted shall commence on
and I"Cl 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
OrtHn:l-nces 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 warra=1t granting the waiver be corrected during the perioci of this waiver. then
the Owner will iDunediately comply with the requirements of Section 7-6 as it
relates to sidewalk insta.l.la.tion.
4. U the Owner or his heirs, personal representatives, successors or
a.ssigns shall faU to have sidewalks installed for the described real property iD
accordance with City specifications and standards within ninety (90) clays from the
notification by the City. then the City may have the sidewalks installed and a.s sea s
and impose a lien against the described real property for the cost of the work.
5. '!'his agreement is to be regarded a.s a covenant r"nn;-ng with the land
regardless of whether it is specifically mentioned in any deeds or conveyance sub-
sequently executed. and this agreement sh~ll be binding on all parties. the heirs.
personal representatives, successors or assigns.
- 1 -
. / .
0/ ~O? b. O~CE))
of
I
. I
. - '."
6. All notices pursuant to this agreem.ent 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: 2_ /7 A'//
. UJJ:. ~ /17. ~
tTi~s:r ~ . . ~ -#//,/7,7
. ~ ~rt:.. 5'z-r7~
-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
CITY OF CLEARWATER, FLORIDA
CoUntersigned:
By
City Manager
Mayor - C oIDIDis sioner
Attest:
Approved as J:o fonn & correctness:
City Clerk
City Attorney
WITNESSES:
CITY
'As to City
/~"",'7,
(~/ ~
A:
52;:1d?~
Uk- ~ (SEAL)
!7
71;t( -;)1 . (~,,~ (SEAL)
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this day of , 19
before me personally appeared
and ' respectively City Manager, City Attorney. Cit)
Clerk and Mayor-Com.missioner of the City of Clearwater, a m.unicipal corporat
existing \1I1der the laws of the State of Florida. to me known to be the individuals
and officers described in and who executed the foregoing Agreernent and severalJ
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 corporatiOt
duly affixed thereto. and the said Agreement is the act and deed of said corporat
WITNESS m.y signature and official seal at Clearwater in the Caanty of
Finellas and State of Florida, ~e day and year last above written.
My Commission Expires:
Notary Public
-2-
-
r
I
I
III oil i....
STATE OF FLORIDA )
COUNTY OF PINELLAS )
."
, . & I ,
Before =e perscmally appeared .... i!t- .~.;.. ~~.b AJAAut/'
to m.e well known ~d known to' :me to bfthe individuals described and who
executed the foregoing agreem.ent and acknowledged before m.e that they executed
the SaIne for the purposes therein expressed.
19
fITNESS =y hand and official seal this .;t;J -?:::!t day of ;:1~
~ . .
~/L~..r
Notary Public ?
~y'C9m;nission EXpires:
'0---- 'Notary' Pllb/H:, State of FI :d
_ . , M -Co --. .,... on a at large.
'I ,/DmIS./CII bDin!! M", lP 1918
, ~....a.ll By Am.'j~ fi~:" CaollAlIy c~
.~-