SIDEWALK AGREEMENT AND WAIVER LETTER (3)
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77098581
AGREEMENT
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a. ~. 4064 PAGE 846
THIS AGREEMENT, rnad.e and entered into this ~rd day of June
A.D. 19 77 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corpor,ation, hereinafter referred to as "Cityll; and. LawrenceE. Lohkamp (a single man)
, hereinafter 'referred to as IIOwnerl!;
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
the CitH'I <r:~s~ater, Pinellas County, Florida, to wit:. .. l-:e::\1"I';
40 Rec /() 0-0 1954 Byram f'iHCU./.'.i (;1: ,:t ... ,\
41::1 Lot 45 ~__.9J'f"/....u....A".....
42 Sur Sunset Highlands Unit IC;t.r,:(~: (lflCUrr COURT
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W~R " Section 7-6 of the Code of Ordinances of the City requires that all
land th~t abuts a public right-of-way, which is to have new construction on it, either
for residential, commercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, across or adjacent thereto; and
JUN 23
~. 37 rM t1'l
WHEREAS, the affected property owner has appealed requesting a temporary
waiver of the side~...,alk installation requirement; and
WHEREAS, the City Manager pursuant to Section 7-6 (4) (a) has found the
iollowing conditions exist, as set out in his findings attached hereto as Exhibit A,
such as warrant the granting of a. temporary waiver; and
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.0 E ;;!WHEREAS, the owner of the property described herein understands that the
~ ~ ~'hter granted herein is only tem.porary in character and that this agreement must
~ ..o~ovide a reasonable period of time for the waiver to be effective;
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~ Z~ 0.; ~: NOW, THEREFORE, in consideration of the foregoing premises and other
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~ ~ ~~od a.nd valuable consideration between the parties, receipt of which is hereby
~ ~ ~~knowledged, the parties hereto covenant and agree as follows:
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~ ~ 6 ~i 1. The City in light of the facts found a.s set forth in Exhibit A attached
": ~ ~ arreto and made a pa.rt herein as if fully rewritten, grants to the Owner a temporary
~ 0 ..qwaiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code
gs c.:> of Ordinances of the City of Clearwater.
~ z.. The temporary waiver granted shall commence on . C1A.-.A.1l/ '::;;1" Itf') 7
a~ run until the condition or reason for granting the waiver as ~-;.;- in Exhibit A
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1,.. ~ ~~removed or otherwise changed.
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:z:;j ~ r:... 3. The Owner understands and agrees that the waiver granted herein is
~ ~ gijnporary in character and that it does not excuse the Owner or successors in
t; E ~erest from. the sidewalk requirements imposed by Section 7 -6 of the Code of
~O Cl.G;:-dinances of Clearwater. The Owner further agrees that should the condition
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qt out in Exhibit A which presently exists on the property and which was sufficient
i& warrant granting the waiver be corrected during the period of this waiver, then
tHe Owner will im.mediately co:nply with the requirements of Secti.on 7 - 6 as 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 rnnn;ng 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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O. B. 4564 PAGE 847
6. All notices pu.rsuant to this agreement shall be furnished to the
respective pa.rties at the following addresses, until receipt of written instructions
notifying the other party of a different address: ",
CITY:
City Manager
PO B 0:x:4 748
Clearwater, Florida 33518
OWNER: Lawrence E. Lohkamp
12841 Wild Acres Road
Largo, Fla. 33540
133-1'5.t~
.IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
CoUntersigned:
~~~
Mayor-Commissi' er ......
By
WITNESSES:
o ~,,~o,~~(taJ~
ASc;,~{f; . /J;U,v?o/
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cO;, 9tl;:?//
As to owne~~
CITY
'~C!~~EALJ
(SEAL)
OWNER
STATE OF FLORIDA )
COUNTY OF PINEL,LAS )
I HEREBY CERTIFY, that on this .;> 1:.. day of 'r.:J~" ,19 7:7 ,
beiorem~ p~r_sonally appeared ~~L~~''-' :Y,...~A'~Z:.A l('6-i~'/~41
and~~ ~y4J7~~ , respe lvely Clty Mana/ger, Clty Attorlley, Clty ,
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 a.nd deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, tlle day and year last above written. ,.'''' .
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My Commission Expires: - ~'ZA:- ~'of;pt;.L.O"'r",--",-
'::;~:~~Ii~, State 01 Florida at larg. Notary ubl~:i: :'~ C .:, ': ,:/ '; \--
IS;I:tn Expires Sept, 29 '977 ~.,.. . '
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Q. ~. 4564 PAGE 848
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally a.ppeared If}WfL~A/c-I:::.-. C, . L..olI;(;:::;/'1;:/
to m.e well known and known to me to be the individuals' described in and who
executed the foregoing agreement and acknowledged befor.e me that they exec-uted
the same for the purposes therein expressed.
WITNESS my hand and official seal this
19 77 .
3~ day of
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My Commission Enires:
Notary Public, State of Florida at'targ,
My Commission Expires Nov. 17, 1980
p'I'InriAd- Bv Amelic.an Fire &. Casualty ~ompan'f
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Notary Public
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. TO: FILE
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Q.R. 4564 PAGE 849
FROM: AnthonyL. Shoemaker, City Manager
COPIES:
Mr. Lawrence E. Lohkamp, 12841 Wild Acres Rd., Largo, Fla. 33540
Mr. Ed. Blanton, Building Director and Mr. R. G. Whitehead, City Clerk
Memo 0rder - Waiver of Sidewalk Installation - Mr. Lawrence E. Lohkamp,
Lot 45, Unit 1, Sunset & Highlands Unit 1, Clearwater, as recorded in Public
Records of Pinellas Cou:rt y..
SUBJECT:
DATE:
June l4, 1977
Inrespons'eto a requestfrom Mr,. Lohkamp for a wai'trer of City requirement
for installation of a sidewalk at the above described property, in conjunction with
new construction, as required by €ity ordinance, I have eX"lmined this property
at 1954 Byram Drive and the following are myfinclings:
1. There are' no sidewa.lks 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
s chooI. '
3. The absence of such sidewalk wouldnot present a pedesttian hazard.
In my judgment, the above findings meet the conditions prescribed in Ordinance
#1624, ,Section l" paragraph (4) (a)" and therefore a waiver on installation of
the sidewalkatt~s time is granted.
EXHIBIT A
TO:
FROM:
COPIES:
SUIUECT:
DATE:
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Interdep.rtment Correspondence Sheet
Mr. Tony Shoemaker, through the City Attorney
M. J. Paroby, Asst. City Mgr.t~1
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Request for Waiver of Sidewalk Installation - Lawrence E. Lohkamp, 1954
Byram Drive
June 14, 1977
Recommendation
Sign the attached Sidewalk Installation Waiver Agreement.
Bac!5&!~~nd_
The request of Mr. Lawrence E. Lohkamp for waiver of sidewalk
installation at 1954 Byrom Drive conforms to the provisions of
ordinance #1624 Section 1 (4) (a) in that there are no sidewalks
existing within 200 feet of the subject property, and such side-
walk would not form a part of a route leading to a school, and
the absence of such sidewalk would not present a pedestrian
hazard.
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Cllv OF CLEARWATER
Interdepertment Correspondence Sheet
TO: Mr. Mike Paroby, Asst. City Manager
FROM: Keith Crawford, Director of Traffic Engineering
COPIES: Ed Blanton
SUBJECT: Sidewalk Waiver, 1954 B,yram Drive
DA TE: . June 14, 1977
We have reviewed the request for a waiver at 1954 B,yram Drive in the
field and have the following observations:
1. The terrain is such that the sidewalk could be constructed
without any particular difficulty.
2. There are no sidewa~ks within 200 feet.
3. This sidewalk would not be part of a school walk route.
4. Byram Drive is a very lightly used street and there are no
other sidewalks; therefore, it appears that it would be reasonable
to assume that no pedestrian hazard would be created by omitting the
sidewalk.
Considering all the above, it appears that this sidewalk is one for
which a waiver might be granted.
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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city OF CLEARWATER
Interdepartment Correspondence Sheet
M. J. Parobv - Assistant Citv Mana~er
E. B. Blanton - Building Directo~.
Request For SideHalk h1aiver - 1954 Byram Drive
June 7, 1977
A review of the subject request revealed that there are no
sidewalks in line within 200 feet; the location is not a
primary school route; the absence of a walk would not create
a pedestrian hazard.
Additionally, there is only one sidewalk agreement in effect
in the general area.
In view of these findings, it is recommended that the waiver
be granted.
I am attaching a drawing depicting the status of sidewalks
within the immediate area.
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Attachment
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