SIDEWALK WAIVER GRANTED (287)
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TO: Mr. Tony Shce make.r, City Mgr.
FROM: M. J. Paroby, Asst. City Mgrtlflfl'
COPIES:
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Interdepertment Correspondence Sheet
SUBJECT: Request for Waiver of Sidewalk Installation - Ben C. Collier, 2666 U. S.19 No.
Countryside Pia = .c
DATE: July 15, 1977
Recommendation
Sign the attached Sidewalk Installation Waiver Agreement.
Background
See attached Memo to File
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CI\Y OF CLEARWATER
Interdepertment Correspondence Sheet
TO: Mr. Mike Paroby, Asst. City Manager
FROM: Keith Crawford, Director of Traffic Engineering
COPIES: Ed Blanton, Building Director
SUBJE,CT: Sidewalk Waiver - Countryside Plaza
DATE: July 1, 1977
Frank Kelley, who is supervising the construction of Countryside Plaza,
has requested that a sidewalk waiver be granted along the rear of the
property abutting Enterprise Drive. We have checked this on the site
and found that the location of the ditch along Enterprise Drive makes
it virtually impossible to place the sidewalk. This apparently was the
basis for not requiring a sidewalk when K-Mart was built just north of
this property. It is our feeling that this meets the conditions estab-
lished in the ordinance for granting of a waiver.
The forms are being processed through the parent company out of state
and will be returned to the city in the near future. In the meantime,
several stores are ready to open in this development and it is my recom-
mendation that C.O.s be issued to those stores which are ready with the
knowledge that we can ultimately withhold C.O.s on other stores until
the waiver is processed.
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TO:
FROM:
COPIES:
I
c.Jv OF CLEARWATER
Interdepertment Correspondence Sheet
Mike Paroby - Assistant City Manager
Jack Baltzer For E. Blanton - Building Director
SUBJECT: Request For Sidewalk Waiver - 2666 U. S. Highway 19 North
Countryside Plaza
DATE:
July 11, 1977
The subject request meets with the distance, hazard, and
school route criteria for granting such a waiver.
Additionally, the topography is such that the installation
of a sidewalk could only be accomplished at considerable
expense.
Accordingly, it is recommended that the waiver be granted.
;6JaCk Baltzer For E. B1anton/fo
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TO: FILE
D. R.4574 PAGE1267
CITY OF CLEARWATER
Interdepartment Correspondence Sheet
FROM: Anthony L. Shoemaker, City Mgr.
COPIES: Mr. Ben C. Collier, 2666 U. S. Highway 19 No., Countryside Plaza
Mr. Ed. Blanton, Building Director
~: Mr. Robert G. Whitehead, City Clerk
RAft: Memo Order - Waiver of Sidewalk Installation:
Mr. Ben C. Collier, 2666 U. S. Hwy.19 North, Countryside Plaza
Date: July 15,1977
In response to a request from Mr. Collier for a waiver of City requirement
for installation of a ,sidewalk at the above described 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 no sidewalks 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 school.
3. The absence of such a sidewalk would not present a pedestrian hazard.
4. Physical characteristics of the land makes it impractical to construct
a sidewalk.
In my judgment, the above findings meet the conditions prescribed in
Ordinance #1624, Section 1, paragraph (4) (a), and therefore a
waiver on installation of a sidewalk at this time is granted.
EXHIBIT A
SEE PLANS IN FILE
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u. R. 4~74 PAGE1263
THIS AGREEMENT, made and entered into this 30th day of
A. D. 1977 , by and between the CITY OF CLEARWATER, FLORIDA-;
corporation, hereinafter referred to as "City"; and Ben C. ,Collier
hereinafter 'referred to as "Owner";
June
a municipal
WITNESSETH: ~. ~
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WHEREAS, the Owner owns the following' described real propert~it~ e!in.
the CiBfc'?~ ~water, Pinellas County,__Florida, to wit: . W ~ ~~~
40 Rec , .;2. 0 0 ~ ~'.l::-J ~. ~
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42 Sur (See Exhibit B attached hereto) ~ ~ :;
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W;HEREAS, Section 7 -6 of the Code of Ordinances 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, conunercial, industrial or other purposes, shall have sidewalks
constructed by the Owner on, across or adjacent thereto; and
WHEREAS, the affected property owner has appealed requesting a temporary
waiver of the side-~.,ralk installation requirement; and
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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
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WHEREAS; the owner of the property described herein understands that the" '~~ ~
wahrer granted herein is only temporary in character and that this agreement must~ ~ > E
provide a reasonable period of time for the waiver to be effective; I~ ~ ~ ~
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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 tbe Owner a tempora.#;. ~ 2
waiver of the sidewalk installation requirement imposed by Section 7 -6 of the Code ~ 8. ::,
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of Ordinances of the City of Clearwater. ~
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:
,.2.. The temporary waiver granted shall conunence on June 30, 1977,
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 ~I!l!.
temporary in character and that it does not excuse the Owner or successors in F;) .
interest from the sidewall: requirements imposed by Section 7 - 6 of the Code of ~
Ordinances of Clearwater. The Owner ' further agrees that should the condition ~." ,
set out in Exhibit A which presently exists on the property and which was sufficie4 O~ ~
to warrant granting the waive'r be corrected during the period of this waiver, then~ = to< a
the Owner will immediately comply with the requirements of Section 7 - 6 as it :'=' ~ ~ ~
relates to sidewalk installation. ~ .;. ~ .,
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4. If the Owner or his h.eirs, personal representatives, successors or ,~
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assigns shall fail to have sid,ewalks installed for the described real property in ~.
accordance with City specifications and standards within ninety (90) days from the 00
nOtiiication 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.
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5. This agreement is to be regarded as a covenant r1mning 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. tv
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u. ~. 4574PAGE1264
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 Manage-r
PO Box 4748
C1earwater~ Florida 33518
OWNER:
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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:
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Mayor-Commissl /'
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City C1er.k..,.i;:,}}i;>...,
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WIT~"'ESSES :
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As 0 City
CITY
(SEAL)
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OWNER
STATE OF FLORIDA )
COUNTY OF FlliELLAS )
I HEREB Y CER TIFY ~ that on this ) 1 da y of
_ "l?efpre me persona~eared . L
~"'"a.Ilcr ~~ ~ ~ respe tively City Mana.ger, City Attorne , City
Clerk and Mayor- ornnrissioner 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 co,rporation.
WITNESS my signature and official seal at: Clearwater in th.._.e.......'..,.....~....,........o.;:,..un... .ty. of
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Pinellas and State of Florida, tae day and year last above written~.:':.i~f:~~,
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My Commission Expires:
NotOrY PuMIC. $tote of Ftorlda at larp
My Com:mlHion Expiras Sept. 29, 1977
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IJ. ~. 4574 PAGE1265
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STATE OF FLORIDA )
COUNTY OF PINELLA3 )
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Before me~ers6nally appeared &'- c..G ( '(;,.
to me well known and known to me to be the individuals described in and who
executed the foregoiJig agreement and acknowledged before me that they executed
the same for the purposes the rein expressed.
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WITNESS my hand and official seal this
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il. ~. 4574 PAGE1266
EXHIBIT B
From the center of Section 30, Township 28 South, Range 16 East; thence S 00 degrees
12' 15" E, 50.00 feet along the centerline of U. S. Highway 1119;
thence N 89 degrees 55' 13" W, 896.89 feet along the south right-of-way line of S. R.
11580 to the east line of Dunedin Industrial Park, as recorded in Plat Book 64, Page 76,
Records of Pine lIas County Florida;
thence S 00 degrees 04' 47" W along said east line of said subdivision, 710.00 feet
to the point of beginning; __
thence S 89 degrees 55' 13" E, 140.82 feet;
thence S 00 degrees 04' 47" W, 0.25 feet;
thence S 89 degrees 55' 13" E, 167.73 feet;
thence N 00 degrees 04' 47" E, 0.25 feet;
thence S 89 degrees 55' 13" E, 545.18 feet to a point on curve on the westerly right-of-
way line of U. S. Highway 1119, a 200 foot right-of-way;
thence along said line by a curve to the left, radius 2964.93 feet, arc 407.11 feet,
chord S 15 degrees 01' 14" E, 406.79 feet;
thence N 89 degrees 55' 13" W, 163.22 feet;
thence S 00 degrees 04' 47" W, 187.26 feet;
thence N 89 degrees 55' 13" W, 7.70 feet;
thence S 00 degrees 04' 47" W, 10.00 feet;
thence N 89 degrees 55' 13" W, 568.78 feet;
thence N 00 degrees 04' 47" E, 135.00 feet;
thence N 89 degrees 55' 13" W, 220.00 feet to a point on thecrorementioned east line of
Dunedin Industrial Park;
thence N 00 degrees 04' 47" E, along said line, 455.00 feet to the point of beginning.
Containing 481,503.228 square feet, more or less, or 11.054 acres, more or less.