SIDEWALK WAIVER GRANTED (49)
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790082'16 A G~ E i MEN T
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., THIS AGREEMENT, made and entered into this ')tn day of
A.D. 1979 , by and between the CITY OF CLEAR.WATER, FLORIDA,
oorporation, hereinafter referred to as "City"; and NORMAN..J... ENZOR
, hereinafter 'referred to as "Owner";
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O.R. q 802 PAGE 10 69
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a municipal
WHEREAS, the Owner owns the following described real property situated in
the City of Clearwater, Pinellas CO'CI1ty, Florida, to wit: .
01 Cash tl.1 Chg
40 Rf'C loB.O a
41 St
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42 Sur J"'~,('L7V(-[1();\I~;.~ "4'" C1.' I~
and' 43 lilt ___..,..." . C .............. i....tJ......L....... or r:;
LER" CIRCU!, I"rl'P"',
Tot 1.1.00 . oJ..,
~RE~ Section 7-6 of the Cqia If O~~ of the City requires that all
Thnd that abuts a public right-oi-way, which 1.S to lraW'Il~ construction on it, either
for residential, comxnercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, acros s or adjacent .thereto; and
Lot 11, Block F,
1673 Laura
KeystoneManor Subdivision
WHEREAS, the affected property owner has appealed requesting a temporary
wmi ver of the side-...raJk installation requirem.ent; and
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co WHEREAS, the City Manager pursuant to Section 7 -6 (4) (a) has found the
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o ~ ~6tlowing conditions exist, as set out in his findings attached hereto as Exhibit A,
; ;j ~~ch as warrant the granting of a tem.porary wai veri and '
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~ ~ ~ ~ WHEREAS, the owner of the property described herein understands that the
~ U ~+-ivergranted herein is only temporary in chara.cter and ~t this agreement must
trovide a reasonable period of time for the waiver to be effective;
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d NOW, THEREFORE, in consideration of the foregoing premises and other
good and valuable consideration between the parties, receipt of which is hereby
>, ac~owledged,the parties hereto covenant and agree as follows:
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..0 ..E ~ 1. The City in light of the facts found as set forth in Exhibit A attached
~ ~ ~~reto and made a part herein as .if fully rewritten, grants to the Owner a tem.porary
~E~ ~iver of the sidewalk installation requirement iInposed by Section 7 -6 of the Code
Z. 0 C:!i1 Orciinances of the City of Clearwater.
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S: f:;;.3 ~ 2. The temporary ~jergranted..hall commence on
~ ~ ~ ind %"CI1 until the con~tion or reason for granting the waiver
~ . ~ ~s removed or otherw1se changed.
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.5 <ri '86' 3. The Owner understands and agrees that the waiver granted herein is
:2 ~ p temporary in character and that it does not excuse the Owner or successors in
~ ~ U i;c.terest from the sidewalk requirements Unposed by Section 7-6 of the Code of
Ort'H'I"l2T1ces 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 warr:a::J.t granting the waiver be cor~ected during the perioci. of this waiver, then
the Owner Will iDunediatelycom.ply with the requirements of Section 7-6 as it
relates to side-walk instal.lation..
4. U the Owner or his beirs, persona.1 representatives. successors or
assigns sha.l1 fa.il to have sideowalks installed for the described real propertyiD
accord2LDce with City specifications and standards within ninety (90) days from the
notification by the City, tben the City may have ~e sidewalks iDstalled a.nd assess
and impose a. lienaga.inst the d~scribed real property for the cost of the work.
5. This agreement is to be regarded as a covenant T"'I"lTl;T1g with the land
regardless of whether it is specUically mentioned in any deeds or conveyance sub-
sequently executed, and this agreement sh~ll be binding on all parties, the heirs,
personal representatives, 6uccessors or assigns:
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I
O.R. 4 8 0 2 PAGE 1070
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. Norman L. Enzor
P. O. Box 2151
Clearwater, .F1orida
33517
.IN WITNESS WHEREOF, the parties hereto have caused these pres ents
to be executed the day and year last above written.
orrectness:
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CITY 16" <;:
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CITY
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A s to 0 ' er
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(SEAL)
OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREB Y CERTIFY, that on this
( U ~~.J'~e.J}:.! ~~.:; OD~l~upyeare
c:XC.tvC ancIr~x.:::J./~J Y~LV" respec ely City Ma ger, lty Attorney, City /
Clerk and Mayor-Commissioner of the City of Clearwater, a m.unicipal corpora.ti03
existing under the la.ws of the State of Florida, to m.e known to be the individuals
and officers described in and who executed the fOJ::egoing Agreement aI;dseverally
acknowledged the execution thereof to be their free act and deed as s'\J~'p. ofi~cers
thereunto duly authorized; and that the official seal of sOLid m.uniCi~'j'FbrpClration i.
dulya!fixed thereto, and the said Agreement is the act and deed9~i'~~id.corporatio:
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WITNESS my signature and official seal at Clearwate.r:~)%'~(;:.~~ of
Pinellas and State of Florida, tae day and year last abovw~n.., .' /. .....~
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My Commission Expires :,;. : ,....... -" rt.-/"
~fvtary Public State of FllJrida at large
-,v';i' Cr:mmission Expire; Aug. 28, 1982
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a.R. 4: 8 0 2 PAGE 1071
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before m.e perscmally appeared /l/O/Z./1 A Q "L. E ~""-
to m.e well known ~d known to me to be the individuals described in and who
executed the foregoing agreem.ent and acknowledged before m.e that they executed
the same for the purposes therein expressed.
WITNESS t;'-y ha.nd and official seal this
19 7~ .
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,~.d day of
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My Comm.is sion EXpires:
...... hbIk. State of Florida at large
Mr c-&ssioa Exvites Nov. 17, 1980
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'Notary Public
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I
O.R. ~ 8 0 2. P~GE 1072
January 9, 1979
MEMO TO FILE
FROM:
Anthony L. Shoemaker, City Manager I P"C"jI:;':fl
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Copies to:
Mr. Norman L. Enzor, P. O. Box 2l5l, Clearwater, FL 33517
Mr. Ed. Blanton, Building Director
Mr. Keith Crawford, Traffic Engineer
Mrs. Lucille Williams, City Clerk
SUBJECT: MEMO ORDER: WAIVER OF SIDEWALK INSTALLATION
Mr. Norman L. Enzor
Lot 11, Block F, Keystone Manor Subdivision,
1673 Laura St.
In response to a request from Mr. Norman L. Enzor for a waiver of re-
quirement for installation of a sidewalk at the subject property in conjunc-
tion with new construction as required by City Ordinance, I have exa:mined
this property and the following are my findings:
l. 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.
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 ~.ifA1;r_ted..~
Exhibit "A"
TO:
FROM:
COPIES:
SUBJECT:
DATE:
CI'V OF CLEARWATER
Interdepartment Correspondence Sheet
Mr. Anthony L. Shoemaker, City Manager - Through the City Attorney
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M.J. Paroby, Asst. City Mgr.,A).v1P
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Request for Waiver of Sidewalk Installation- Norman L. Enzor, l673
Lau ra St.
January 9, 1979
Recommendation
Sign the attached waiver of installation of Sidewalk, and initial
the attached Memo Order.
Background
See the attached Memo to File.
RT:,Cl:\Vttf
~. :\N iL~ 1979
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CIT"l CL);,......."
TO:
FROM:
COPIES:
SUBJECT:
DATE:
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CITY OF CLEARWATER
Interdep.rtment Correspondence Sheet
Mr. Mike Paroby, Assistant City Manager
Keith Crawford, Director of Traffic Engineering
Ed Blanton
Sidewalk Waiver at 1673 Laura Street
January 8, 1979
We have reviewed this location at the site and found that it is
the last lot being developed on a street which has no sidewalks
on either side. It appears to meet all the criteria established
in the ordinance for waiver and it is our recommendation that the
waiver be granted.