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SIDEWALK WAIVER GRANTED (29) ':"':1,: ~ I , A. ~ R.E,E.~,~,~, ~,'pT ~lJ THIS AGREEMENT, made and entered into this X day of ".,.~ A. D. 198/ , by and oetween the CITY OF CLEARWATER, FLORIDA, a fuun cipal corporation, hereinafter referred to as "City"; and BJ:lR,IZ.'1 W.. y..' .::r141J~"" IJ. (;J..o~C--'J'l , hereinafter referred to as "Owner"; WITNESSETH: WHEREAS, the Owner owns the follQ'Wing described real property situated in the City of Clearwater, pinellas County, Florida, to wit: J... 0 T II J B 1.. I<- t:;.- J J;::. - D ~ v ,'. () t:rS"r14T c":$' /Ii J::)I> /TI~. AJ (2.,0 ,9' ::r~"Il.1)S' S"T ) .- I/f /!C(~ I'd- '-('d and 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 0/.\ Clearwater.~ ~1,1781 . 2. The temporary waiver granted shall commence on 16~.i---f-41?-t. and run until the condition or reason for granting the waiver s s~t 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 Exhibit 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 will 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 1s to be regarded as a 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. ) ." > . C c..: ':";,VhVi,,,.(:!. ~" t ~~ l ~"<' , ". \. ,,'" , I _ ,.,-,.f .' .K..t,h t., ,( ?'''i :,1 .. ;; - 1 - ~~O\3 oo-(~() 'c/3 .,''4,-- . I I 6. All notices pursuant to the agreement shall he fu~nished to . the respective parties at the following addresses ~ until rece1,.:pt of 'written instructions notifying the other party of a different add~essl - OWNER; "" fl..,. ,., ~. S JQ /Z.R..y I.,J . t;. /...6 tlt!1L. (,0 .80'( ;1'/';-.2. , CJ. t!;1fI /LlJjIQ""~) fL.. Ie, o,.::l j~S'J7 IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day- and year last above written. CITY: City Manager P. O. Box 4748 Clearwater, Flor~da 33518 Countersigned: ,> -' & correctness; At test t -----,' - : - - '- . ,J\?1A(,~~~~ .t:!":~l;tf~~/ City Clerk CITY .~. 7?~ V.' d ...~"j~. (SEAL) ~ ~~.~ ~~~f(~ALl ..... STATE OF FLORIDA ) COUNTY OF PINELLAS) s:~ I HEREBY CERTIFY, that on this ~day of June , 19~ Thomas A. Bustin, , respectively City before me personally appeared Anthony L. Shoemaker, Lucille Williams, and Charles F. Lecher Manager, City Attorney, City 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 De the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execu- tion thereof to De 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. WITNESS my signature and official Pine lIas and State of Florida, the day seal at Clearwate~_'--lft 'the - County of and year last aboye:.-w~it-ten.-- ' ~~_C< .7d~-r/:; .~.~ Notary PUD1:lc-.: - '- --:;- -" - My Commission Expires: Notary Public, State of Ronda at (artjt' My Commission Expires Oct. 31, 1983 Il9nd.d By Amori"'~ fi... ll,,,,,uaUy C9mpa~~ - ... _- 2.... . . I I STATE OF FLORIDA L COUNTY OF PINELLASl Before me personally appeared!!>1tR.R.,/ . kJ . .,.. '.:J"'''' N c:!'T . "'.tBLOY'~ to me well known and known to me to be the individuals. described in and who executed the foregJoing agreement and acknowledged before me that they executed the same for the purposes therein expressed, WITNESS my hand and official seal this' 19.8L. .Y day of- mJtl'/ ~ o ar. u ,-,-_ c ~ _ -:-' My Commission Expires; luotary Public, State of Florida at' Large Nlv Commiseiorl Expires April 28. 1984 Bonded thnl Maynard Bonding AlJfIr>r.V - 3 - I I May 21 ,1981 COPIES TO: Barry W. and Janet H. Glover Keith Crawford, Traffic Engineer Roy Ayres, Building Director Lucille Williams, City Clerk MEMO TO FILE FROM: Anthony L. Shoemaker, City Manag r MEMO ORDER - Waiver of Sidewalk Installation BarryW. and Janet H. Glover Lot 11, Block E, East Druid Estates Addition 2018 Jeffords Street In response to a request from BarryW. and Janet H. Glover for a waiver of requirement for installation of a sidewalk at the subject property in conjunction with new construction as required by the City of Clearwater Code, I have examined this property and the following are my findings: 1) 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; and 3) The absence of such a sidewalk would not present a pedestrian hazard. In my judgment, the above findings meet the conditions prescribed in the City of Clearwater Code of Ordinances, Section 133.09 (3)(1) and therefore a waiver of installation of a sidewalk at this time ijhllfaut~. '~ , ! ' "Exhibit A" , TO: FROM: COPIES: I I CITY OF CLEARWATER InterdaP~ment Correspondence Sheet Anthony L. Shoemaker, City Manager ~~ Elizabeth S. Haeseker, Assistant City ~ger (Not read by) SUBJECT: Request for Waiver of Sidewalk Jnstallation - 2018 Jeffords Street - BarryW. and Janet H. Glover DATE: May 21, 1981 Recommendation Sign the attached waiver of installation of sidewalk and initial the attached memo order. Background See the attached memo order.