SIDEWALK WAIVER GRANTED (365)
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78126552
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AGREEMENT
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THIS AGREEMENT ,made and entered into this :7-. ( day
A.D. 197 g, , by and between the CITY OF CLEARWATER, FLORIDA, a
corporation, hereinafter referred to as "Cityll; and Perk A. ,White and
Suzanne White , hereinafter 'referred to as "Ownerll;
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WITNESSETH:
WHEREAS, the Owner own~ the following described real property situated in
the City of Clearwater, Pinellas County, Florida, to wit: .
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W;HEREAS, Section 7-6 of the Code of Ordinances of the City requires aatiJ. ~
land that abuts a public right-of-way, which is to have new construction on it, lihe~ ;..
for residential, commercial, industrial or other purposes, shall have sidewalks (")
constructed by the Owner on, across or adjacent thereto; and ~
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WHEREAS, the affected property owner has appealed requesting a tempora::!~:=2 ~
waiver of the side-Jalk installation requirement; and ';',: :J. ;:2
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WHEREAS, the City Manager pursuant to Section 7-6 (4) (a) has found the ';1 :;; C~l:;
following conditions exist, as set out in his findings attached hereto as Exhibit A, ~,:' ?:~ ~ 9
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such as warrant the granting of a temporary waiver; and
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WHEREAS, the owner of the property described herein understands that th~
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 consi.deration 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 ~j~
hereto and made a part herein as if fully rewritten, grants to the Owner a temporl~~ g
waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Cod .. ~"~:;
of Ordinances of the City of Clearwater. ~'Z [:,
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2.. The temporary waiver granted shall commence 0 0{ 8, I q 7 f '. ,E ~
and run until the condition or reason for granting the waiver se out in Exhibit " > ~~
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is removed or otherwise changed. ',io'-l~g-~t,.
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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
Ordinances of Clearwater. The Owner further agrees that should the condition
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set out in Exhibit A which presently exists on the property and which was sufficient ("1 P3 ,.
to warrant granting the waiver be corrected during the period of this waiver, then 4;;: [,:
the Owner will immediately comply with the requirements of Section 7-6 as it I~ ~ s:
relates to sidewalk installation. . ~ 9 ':
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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 assessl~ :=>
and impose a lien against the described real property for the cost of the work. ~ bj
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4. If the Owner or his heirs, personal representatives, successors or
5. This agreement is to be regarded as a covenant running 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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07- o?Jl- CO (8)
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OcR, !i 735 PAGE
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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
<pO~f~ !I:l iJ~me--
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'IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year last above written.
CoUntersigned: ~
~A':/
Mayor-Co ssioner
CITY OF CLEARWATE;R,C!:ORIDA
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By /Ii.! -bJ2-*'7r7
/t- f-r~ (City Man",:"~~ ;,"'C/
Attest: ,'i' ,
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Cityqlerk'
~roved as to form 8< cor,r,ectness:
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~SSES:
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As to City
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CITY
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As t 0 er
OWNER
STA TE OF FLORIDA )
COUNTY OF FlliELLAS )
*Acting
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**Chief Asst.
I HEREBY CERTIFY, that on this 31st day of July , 1978
. . before me personally appeared Michael J. Parob , Frank Kowalski Lucille
,Wllllams and Charles F. LeCher , respectivel City Manager, ity Attorney, City
Clerk and Mayor-Conunissioner 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 and deed of said corporation.
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WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, tae day and year last above written. <lit
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My Commission Expires:
Notary Public, State of Florida at large
My Commission Expires Sept. 29, i981
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Before me personally appeared P€J!K 1l.t<J#/rE 't/ S(/2-/JQA/~k.J#I'Tc
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me tb.a,.t"they executed
the same for the purposes therein expressed. .' .
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WITNESS my hand and. official seal this
19 71
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My Conunission EXpires:
NOTARV PU8UCSTATf OF FLORIDA AT,lA~
MY COMMISSI9N,El(PI~ JAN,16 1982
DV"C,& fo Iltl:l GEIl[lV II tIS IItJ9ilR....RIfIiRi
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Q~.w,~73 5 P'~i' 43~
July 26, 1978
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City Manager Ft
Copies to: Mr. & Mrs. Perk A. White, 2290 Lagoon Circle, Clearwater
Mr. Ed. Blanton, Building Director
Mr. Keith Crawford, Traffic Engineer ~
Mrs. Lucille Williams, City Clerk~
MEMO TO FILE
From: Anthony L. Shoemaker,
SUBJECT: :MEMO ORDER - WAIVER OF SIDEWALK INSTALLATION
Mr. & Mrs. Perk A. White, Lot 32
Clearwater Manor, 2200 South Lagoon Circle
In response to a request from Mr. & Mrs. Perk A. White for a waiver
of City 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 sidewalks existing within 200 feet of the subject property
but a ditch along the right-of-way is an impediment to construction
on the right=of-way.
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
on installation of a sidewalk at this time is granted.
EXHIBIT A
TO:
FROM:
COPIES:
SUBJECT:
DATE:
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~TY OF CLEARWATER
Interdep.rtment CO,rrespondence Sheet
Mr. Anthony L. Shtemaker, City Manager - Through the City At1ro rney
M. J. Paroby, Asst. City Mgr. ,~I'
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Request for Waiver of Sidewalk Installation - Mr. & Mrs. Perk A. White
2200 So. Lagoon Circle
July 26, 1978
Rec ommendation
Sign the attached waiver of Installation of Sidewalk, and initial the
Attached Memo Order.
Background _.~
Sign the attached Memo to File. /~y
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J.TY OF CLEARWATER
Interdepertment Correspondence Sheet
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FROM:
Mr. Mike Paroby, Asst. City Manager
Keith Crawford, Director of Traffic Engineering
Ed Blanton
TO:
COPIES:
SUBJECT:
Sidewalk Waiver - 2200 S. Lagoon Circle
July 26, 1978
DATE:
The requested waiver is for the sidewalk portion along Belcher Road.
The portions along S. Lagoon Circle (south side of property) and West
Manor Boulevard (East side of property) have already been constructed.
I have reviewed this location in the field and determined the following:
1. It appears that the property line along Belcher Road falls in a
shallow ditch, making installation of sidewalk on the right-of-way
impractical. However, the terrain is such that the sidewalk could
easily be built on the property.
2. Although there are sidewalks within 200 feet of this property,
there are no sidewalks along Belcher Road in this area. A series of
lots to the north are in the county and installation of sidewalks in
the near future is unlikely with the absence of school activity. The
lotto the south is in the City of Clearwater and a large drainage
ditch located just south of the lot would prevent continuity of side-
walks in that direction.
3. A sidewalk on this property would not form a part of a route
leading to a school.
4. Location of the ditch causes pedestrians to walk relatively close
to the edge of pavement and we would, therefore, conclude that a hazard
does exist. However, it is doubtful that a pedestrian would use the
sidewalk in. the event that it was constructed, since it would be neces-
sary to walk across the ditch to get onto or depart from the sidewalk
at any point other than the south end.
Considering the above facts, it appears that this may be an appropriate
place to grant a sidewalk waiver.
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