SIDEWALK WAIVER DENIED (7)
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Cl..lljARWATER. FLORIDA 331518
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CITY
CI!Y "AN~.IR
~c~.r 28, 1982
Mr. Galen O. Ballard, General
one Kapok Terrace
1315 McMullen-Booth Road
Clearwater, Florida 33519
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PO.T
O"'''IC II
.OX 4748
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R r c ! , V ED
JAN 0 6 1983
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CERTIFI~ MAIL-' ".,
~TURN RECJIPT REQUEST~
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uf l'tulIu.ad .1da.,-!lk par.lle~in8 McMullen-
Tel' "ac. COlldolll1nt~1l :
Reque.t tor exemption
~Qotb load - One Kapok
Dear Mr. Ballard:
In accordance with Sect;J.on 133 .1IV ~,r the Cod" of Ord1nances of the
City ofCl'.~ater, I have rev!.".d your r'q~.t fOf t~por8ry lide-
walk inatallation waiver. I
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The liarvard At'1II8, the develol'l1I""l. "1'1"0" tile :.treet from you, will
be1nstalUns lIidewalks upon j I" I!omplat 10n,: i Kapok Man(Jr, the
deV..l.Qpm~mt to the sou. th. put III' . bond tOl' :..i..~ Idewalks. The Sidewal.. k. S
are expected to be installed actin_ l hn.tbh ''I are Jecaul!le sidewalks
will be in. hUed within 200 hMl IIr yvur lltoperty, ~t Iran~a
sidewalk in8tallat10n waiver 1.. .eLlard.nee ~Jlth the ~f~enttoll.d
Code, Paraataph <e>. I i
cc; Jlbabeth S. Haeaeker, Aul..ll&lIl (.:ity Mauager
Roy J. Ayres, Duildin" U' ule tllr .
Keith Cl'.~ford, Traffic Itlllidnu,tJ.UI U1t'.~lor
Lucllle Willi..., City C!.rkvf
"KQUAL IlMPLOYMINT 4NO A"'.NMATIV, ACTION EMPLOYER"
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A G R E ENE N T
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THIS AGREEMENT, made and entered into this 17th day of November
A. D. 1982 , by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City"; and One Kapok Terrace, Ltd.
, hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property
situated in the City of Clearwater, Pine lIas County, Florida, to wit:
See Exhibit A, Legal Description
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and
Attached letter of explanation, dated November 9, 1982
WHEREAS, Sec. 133.09 of the Code of Ordinances of the City requires
that all land that abuts a public right-of-way, which is to have new con-
struction on it, either for residential, commercial, industrial or other
purposes, shall have sidewalks constructed by the Owner on, across or ad-
jacent thereto; and
WHEREAS, the affected property owner has appealed requesting a
temporary waiver of the sidewalk installation requirement; and
WHEREAS, the City Manager pursuant to Sec. 133.09 (e) (1) 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 im-
posed by Sec. 133.09 of the Code of Ordinances of the City of Clearwater.
2. The temporary waiver granted shall commence on
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 Sec. 133.09 of the
Code of Ordinances of Clearwater. The Owner further agrees that should
the condition set out in Exhib~t 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 the Owner wi.ll immediately comply with the
requirements of Sec. 133.09 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 in-
stalled and assess and impose a lien against the described property for the
cost of the work.
5. This agreement is to be regarded asa covenant running with the
land regardless of whether it is specifically mentioned in any deeds or
conveyance subsequently executed, and this agreement shall be binding on all
parties, the heirs, personal representatives, successors or assigns.
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6. All notices pursuant to the agreement shall be furnished to
the respective parties- at the following addresses1 until receipt ot:written
instructions notifying the other party of a different addressl
CITY:
City Manager
P. O. Box 4748
Clearwater, Florida 33518
OWNER ;
IN WITNESS WHEREOF, the'parties hereto have caused these present
to be executed the day and year las-t above written.
By
Countersigned:
May or-C ommiss'ioner
Approved as to form & correctnes-s:
Attest:
City Clerk
City Attorney
WITNESSES:
CITY
(SEAL)
As to City
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As 0 Owner
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this
before me personally appeared
day of
,19_
and
, respectively City
Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of
Clearwater, a municipal corporation e~isting under the laws of the State
of Florida, to me known to be the individuals and officers described in and
who executed the f'oregoing Agreement and severally acknowledged the execu-
tion thereof to be their f'ree act and deed as such off'icers thereunto duly
authorized; and that the officIal seal of said municipal corporation is
duly affi~ed thereto, and the said Agreement is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
Notary Public
My Commission Expires:
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STATE OF FLORIDA L
COUNTY OF PINELLASl
Before me personally appeared G4Le"';"; 0-.- (3~l.f:.A"lo
to me well known and knO\'ln to me to be the indiyldl.lals described in and
who executed the foregoing agreement and ackrlOwledged before Joe that
they executed the same for the purposes therein expressed,
WI'l'NESS my hand and official seal this,--~2-_day of'
19~.
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My Commission Expires:
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Notary Publ1c. Stote of Florida
My Commission Expires Nov. 17, \984
Bonded Thru Troy f~in - Insur:H1CC,' Inc.
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EXHIBIT "A"
LEGAL DESCRIPTION
Th<lt p<lrt of U1C North '1/2 or-'the SouthccJ.st J./4 of th(2
Nor~h~est 1/4 of ~ection 9, Township 29 so~~h, RcJ.nge 16
E<lst, PinellcJ.s County, Florida, lying South of the center
line of Alligator Creck, less the West 50.00 feet thereof
for ro~d right-of-wcJ.Y for State Road No. 503, and less
that part lying within the folloy/ing dcscrib~~d-tr-act~---
Begin at the SoutheLlst corner of the North 1/2 of thc South-
east 1/4 of the Northwest 1/4 of Section 9, Township 29
,South, Range 16 East, and run North 89022'36" \'7est, 150.00
feet; thence run North 0004' 00" East, 60.0, feet; thence run
North 66027' 06" \vest, 272.5.6 feet; thence run North 0004' 00"
East, 500.00 feet; thence run South 89019'49" EcJ.st, ~OO.OO
feeti thence run South 0004' 00" vlest, 665.97 feet to the
point-of-beginning, and less a tract lying in the North 1/2
of the Southeast 1/4-oI the Northwest 1/4 of Section 9,
Township 29 South, Range 16 East, Pinellas ~ounty, Florida,
more particularly described as follows: From the Southwest
corner of the North 1/2 of the Southeast 1/4 of the North-
west 1/'l of said Section 9, run South 89022136" East along
the South boundary of the North 1/2 of the Southeast 1/4 of the
Northwest 1/4 of said Section 9, 50.0 feet to the East Right-
of-Way Line of State Road No. 593 for a Point of Beginning;
thenct~ run I-Jorth 0005"04" East along said East Right-of-\'Jay -
Line, 340.00 feet; thence South 8905t1156".East, In4.00 feeti
thence North 0005'Otl" East, 88.00 feet; thence South B9054156"
East 118.00 feet; thence South 0005'OiJ" \']est, 63.30 feet;
thence South 43056150" East, 185.27 feet; thence South 510
50'00" East, 80.49 feet; thence North 38'-'10'00" East, 3iJ.OO
feet; thence South 51050'00" East, 126.52 feet; thence South
'38:'>10'00" He~t, 25.00 feeti thence South 51050'00" East,
63.00 feet; thence South 38010'00" ,Hest, 38.00 feet; thence
South 0037'201" West, 'l8.00 feet to the South boundcJ.ry of the
North 1/2 of the Southeast 1/4 of the North\-lest 1/4 of said
Section 9, thence North 89022'36" vlest along the South bound-
ary of the North 1/2 of the Southeast 1/4 of the Northwest
"1/4 of said Section 9, 625.00 fee-t to the Point of Beginning.
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