HERMAN BAILEY JR
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RESOLUTION
No. 80 - 74
A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S
OFFICE TO BRING AN ACTION FOR REMOVAL OF AN
ENCROACHMENT WITHIN CITY'S DRAINAGE EASEMENT.
WHEREAS, the former owner of real property located at 1453 South
Evergreen Avenue constructed a swimming pool and deck area within a
drainage and utility eaSenlent without first obtaining permis sion from the
City of Clearwater; and
WHEREAS, the present owner of said real property rebuilt the
swiInIning pool and deck area, despite repeated written and verbal warnings
by City not to rebuild, without obtaining the requisite building permits from
the City; and
WHE.REAS, the City Engineer has determined, after careful review, that
the City requires full use of its drainage easement to reduce flooding hazards;
and
WHE.REAS, the City desires Cle imInediate removal of the encroachm.ents
for the public health and safety reasons of preventing or minilnizing fioodi..""lg
of the immediate neighborhood;
NOW, THE.REFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWA TEE.., FLORIDA,
IN SESSION DULY AND REGULA.RL Y ASSEM:BLED, AS
FOLLOWS:
1. That the City Attorney' {.; Office be and it is hereby authorized
to bring an action against Hermann Bailey, Jr. for the inunediate removal
of a continuing trespass on the City's drainage easement in order to reduce
fiooding hazards.
2. That this Resolution shall become e.f:fective i.m..m.ediately upon
its pas sage.
PASSED A.l'iD .WOPTED this 17th
day of July, A. D. 1980.
Attest:
/./ Charles F. LeCher
}.oia yo r - Corr...mis s ioner
/./ Lucille William.
City Clerk
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The City Commission
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FROM:
A. L. Shoemaker, City Manager
COPIES:
SlJBJECT :
Swimming Pool - Encroachment into City Drainage Easement
DATE:
July 8, 1980
Enclosed are copies of the material previously handed out to the City Commission
regarding the encroachment into the City easement by a private swimming pool.
Pursuant to your request, I am again providing this material to you. This
item will be considered at the meeting of July 17, 1980.
Attachments
Copies to:
Commission
Press
City Attorney
City Clerk
Date JUL 9 1980
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TO:
The City Commission
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Hanager. /~/l, ,t1 {, -. 'LJ/ .
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FROH:
A. L, Shoemaker, City
COPIES:
SUBJECT:
Swimming Pool - Encroachment into City Drainage and Easement
DATE:
June 25'J 1980
Enclosed are copies of the materials which you requested regarding the
encroachment into City Drainage and Easement.
Copies to:
Commissi.on
Press
City Attorney
~~t: >>K~2 6 1980
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1438 Hillcrest Aven~e
ClearNater, ?lorida
April 7, 1980
~I. Max Battle, Director Public Works
City of Clearwater
?ublic Works Department
p, O. E~x 4748
Clearwater, Florida 33518
Dear Mr. Battle:
I want to take this opportunity to tha~~ you for your visit with
us on March 24, 1980, where we discussed ~'e drainage and sewer problems
faced by the residents of Evergreen, Bellevue and Hillcrest. The session
was well received.
Please find attached a copy of a report on the March 24th meeting
that I intend to distribute to all petitioners of the original petition
delivered to Mr. Shoemaker. I am requesting that you review the report
for accuracy of my interpretation of that March 24th meeting. I certainly
would not want to be a party to inaccuracy or ambiguity taken out of
context.
Following the receipt of your reply, if favorable, I will forward
that report to all concerned.
Thank you for your interest in this matter.
Sincerely,
~~~.a~
Gerald M. Anderson
Attachment
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TO;
FROM:
ALL ?ETITIONERS
. JERRY .r...NDERSON
On March
. and city
original
Many questions were put before Mr. Battle in regard to our flooding and sewer back u?
problem in the area bounded by Evergreen, Bellevue and Hillcrest. Mr. Battle responde~
to every question forthrightly.
24, a meeting was held at my residence" between neighborhood petitioners
representatives, MR. MAX BATTLE Eng Mgr and his assistant. Only 5 of the
15 petitioners were present.
The following is a summary of that meeting:
SEWER BACK UP
".
:ity Engineers recognize the sewer.problem exists in our area. A major main line sewer
up-grading project is about to begin up stream in the Druid Street section. Completion
3f this project, to which our sewers ultimately empty into, should-help ease our
problem.
Mr. Battle indicated that from an engineering approach, sewer improvements in most ca~=s
must be made ahead of the problem area iei main lines are up-graaed first in order to
handle the branch lines that empty. into it efficiently.
FLOODING
Drainage
Mr. Battle made a visual inspection of our area following the meeting. He gave assurar.=es
that hls department would take immediate action to rearrange the arainage profile if city
resources. could adaquately handl.e the job. In other words, when h is department complet:s
drafting a plan which will determine the scope and magnitude of the project bounded
by Evergreen, Bellevue and Hillcrest, work will begin before August, 1980 IF CITY Ow~~
EQUIPMENT CAN HANDLE THE JOB adequately.
If the project calls for equipment and labor beyond what .the city presently has availa:le,
~hen the plan must be budg~ted, monies assigned to the project and finally let out for
contract. Therefor, as the old adage. goes, ~~ The'y,"heel That squeeks, Gets The Grease."
When the city commission labors over the next budget session come this August, 5 perso~s
from our neighborhood will not convince them that our drainage and sewer problems are
accute.- A more representative in number may convince the commission to budge~ and allc=ate
more money for sewer and drainage projects and in particular, for our immediate area, ~~en
the city co'mmission holds budget hearings, all petitioners to the January 24, 1980 pet:tion
to City Manager A. L.. Shoemaker will be notified.
CONCLUSION
on March 31, 1980, it was noted that city Engineers spent an entire day in our neighbc~hood
gathering data relative to the drainage problem.. That's a step in the right direction.
TO:
FROM:
COPIES:
SUBJECT:
DATE:
I
CIITY OF CLEARWATER
Interdepartment Correspondenc: Sheet
Thomas A, Bustinf City Attorney
Max G. Battle, Director of Public Works
City Manager, Asst. City Manager/Operations, Building Inspe~tor
Encroachment Into City Drainage & Utility Easement
March 24, 1980
The owner of the home at 1453 South Evergreen Avenue has
blatantly ignored all cOITul1unications from the City of
Clearwater ~nd illegally rebuilt the swimming pool which
was originally constructed without a permit,
Attached are copies of previouS communications concerning
this,together with a petition from abutting home owners
concerning the drainage problem. At least two homes were
flooded in May and September, 1979.
It is imperative that the pool be removed from the
easement forthwith as work on this drain problem can be
underway in approximately two to three weeks.
Therefore~ it is urgently requested that whatever action
is necessary be taken to have the pool removed. It seems
incomprehensftlle that the pool is not only still in the
easement but has been completely rebuilt without permits
and after formal notice was given not to proceed with
~epairs but to remove.
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MAR 14 ~~-W OF CLEARWATER
1"lord,porlmeRt Co"espond,nco S.oer
Pre pored FOnll
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l...fax Battle
FM)M:
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City Manager -
ROUTE TO:
Initial a
Forward
TO:
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COPIES: .
Attach"ed le'tterand p'eti.tion
SUBJECT:
DATE:
February 15, 1980
INVESTIGATE AND RE.PORT
I ) SEE ME
DRAFT REPLY FOR MY SIGNATUU
PREPARE JOINT REpORT
( ) FOR LEGAL PREPARATION
( ) FOR CLEARANCE
NEED APPROVAL OF --~-~--- ---------------
HANDLE TO COMPLETION
) CLEAR WITH ALL A.CE~C1ES CO~CERN:D,
x wlthlD. 2 weeKS 01 a.Dove
) EXPECT REPLY ________ _______ ._.______:;at.e.
(" MAY I COMMENT ON THIS?
FOR YOUR INFORMATION
FOR YOUR FILES
) ESTIMATE COST
FOR NECESSARY ACTION
FOR YOUR SIGNATURE
FOR IMMEDIATE ACTION
) RETURN
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I SUBMIT YOUR RECOMMENDATIONS OR COMI.4ENTS IN WRITING . \f :\\ \ Cl
I PREPARE ROUGH SKETCH . x . \\'l:l \\.J \ \,'
REMARKS:. : . '. '. '. . \JJ. ~~~
Attached letter and petition from Gerald Anderson re ~ng /\~\
the. Stevenson Creek. I think we should meet Wl.th?ecera1 .. r \
citizens. - .. . '. .-
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January 4, 19-n-
Mr. Gerald M. Anderson
1438 Hillcrest Avenue
.- Clesr..-ater ,- FL 33516
Dear Hr. Anderson:
Thank yon very ~uch for the copy of your letter which .as sent to the
City on 50vember 7, 1979.
Bec.ause of the serioos drainage prob1e..r:s wich b.:ive developed recentlt
';inthe City of Cleart'ater, we have h8d to set priorities re;arding the
expend.iture of drainage DOnies. Of course, the first priority is to
assist those neighborhoods wbere act1:a1 flooding of hOt:es took place.
Our records do r..otindicate that such ...as the case in tbe area bounlied
by nillcrest:, Evergreen and Bellevue. In order to e.x;.e:iite corrective
action in your neighborhood, it would assist us greatly if we could
receive a petition from the residents affected.
The Sio-!T'"i!:liT'!g peol vhich vas conztructed illegally on a City e.a...e:::l~t
is defi~ite1y in the .ay of any remedial action re&a~ding drai~age.
Several ~ntbs ago, the present o.~er of the property requested a
build inS pen:dt to put the s..-1t:I:rl.ng pool back iDto opera.ti'On. The
requested penrlt .as denied. Relief in the form of a variance is oot
available to the ~~er and the City viII not vacate the draiuage ease-
.::meIlt. Io vacate tbeeaseoent .ould mean that it is not necessary for
dra~age purposes. To ans.~r your specific questions:
1. The ~ing pool does not violate any City Ordinance, but is
ccnstructedillegally on property not available for such pttr~ose.
2. A co~st~~tion ?S4~t was not s~cured for tbe s~g pool.
3. A c:ot:!struct!on penrlt ...es !lot issued for the pool.
4. The peal ..as never inspected.
~ To relter~te$ tbe City does have plans to correct tbe crainage problem
in your neighborbood, but this proble::1 is not considered to be cr:e of
an ~ergen~y nature. It would assist us greatly if you would ask the
persons who are being affe~tcd to petition tbe City for relief. Any
~~tition can be sent to me and I ~ll see that it is procecsed ~-pedi-
tiously.
Sincerely,
A. L. ShOeJ:.aker
City Y..anager
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/..J:-,~!..,iJ ,-O,-lJ::.D~ J 1 / GO oJ:u.)J
Mr. A.L. Shoemgker, City Manager
City Of Clearwater
Post Office 4748
Clearwater, Florida, 33518
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January 24. 19~~n
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Dear Mr. Shoemaker, \Y..;J XJJ'/ ,
Thank yoU for your 1nterest and forthr1ght response to the 1nqu1ry n ~ \
the flood1ng problem of Stevenson Creek bo~~ded by B1llcrest. EVergreen}. ~'.t.' ·
and Bellevue. ' 1)1 \y ~
We. the unders1gned. were 'effected by the heaVY rains of 1979. AlthoU~.~~ \~'
the aftermath waS not catastroph1C. that threat vary well rema1ns 1n \ ,i~
the future. The e xper1 ence the ne 1 gh borhOod endured 1n 1979 1 nd 1 co. te s ,\ (j'J
that we are on the threshOld of d1saster if ra1nfall not ~uch greater Lr
in mag.n1tude should subsequently occur. A trop1cal storm would. w1thou~~
quest1on. ln~~date and play haVOC 1n our area. \ \
I
While we apprec1ate your overall problem concerning priorities and fundic; ,
city projects. it is equally 1mportant for the city to understand our
pos1t1on to seek a equitable solut1on to an on going problem.
I
To several original residents. the drainage problem haS been a source
of annoyance for years and the situation is getting progress1velY worse vlth
the proliferation of housing up strea~ from this area. To the best of
everyones h~owledge. no concerted effort on the part of the city waS ever
undertaken to permenentlY resolve the drainage difficulty.
We are collect1velY petitioning your ofnce to correct this fault at the
ear11est and hopefully before the seasonal rains of i980 arrive. It is
further requested that a commun1cation line be established between your
office ( or deSignated representative ) and this particular segment of
the community. The purpose would serve to aprise the undersigned of proJ,ct
detailS relative to the engineer1ng plan and the projected time frame
for its accomplishment.
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,ftermath was not catast-roph1l>. that threat very well reJll3.1ns 1n \.. ..;r '"
future. The exper1ence the n~ghborhood endured 1n 1979 ~dlcates ~~
we are on the threshold of d1sester 1f ra1nf~1 not mUc~ greater ~
.gn1 tude should subsequentlY occur. A trop1cal storm would. wl thOut~~
t10n. 1nundate and play havoc 1n our area. \
.e we apprec1ate your overall problem concern1ng pr1cr1t1eS and fund1ng
. projects. 1t 15 equallY 1mportant for the c1ty to understend our
,t10n to seek a equ1table solut10n to an on g01ng problem.
several or1g1nal res1dents. the dra1nage problem haS been a source
.nnoyance for years and the s1tuat10n 15 gett1ng progress1velY worse w1th
pro11ferat10n of hous1ng ~ stream from th1S area. To the best of
ryones knowledge. nO concerted effort on the part of the c1ty waS ever
ertaken to permenentlY resolve the dra1nage d1ff1culty.
are collect1vely pet1t10n1n~ your off1ce to correct th1s fault at the
,11est a~ hopefully before ihe seasonal r.1ns 0' 1980 arr1ve. It 15
ether requested that a commuh1cat10n 11ne be estab11Shed between your
f1ce ( or des1gnated representat1ve ) end th1S part1cular segment of
e commun1tY. The purpose would serve to apr1se the unders1gned of project
ta11s relat1ve to the eng1neer1ng plan and the projected t1me frame
r its accomplishment.
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Cl~~e~r~e~~o~~;'s~~R
'repored form
Detty Haeseker
ROUTE TO:
City Manager. L ,.....- ....- ..... ...... -.......1
Attached letter Irom Mr. Anderson 2.......-.......- ..-....~. ........1
Initial &
Forward
-
A:
IES:
3._______________________________~( .
IECT:
-E:;
12/20/79
INVESTIGATE AND REPORT
FOR LEGAL PREP ARA TION
...
HANDLE TO COMPLETION
CLEAR WITH ALL AGENCIES CONCERNED
EXpeCT REPLY --------------- .-----------
MAY I COMMENT ON THIS?
FOR YOUR INFORMATION
FOR YOUR FILES
FOR YOUR SIGNATURE.
(. RETURN
}OS ACCOMPLISHED.
1 SEE ME
) DRAFT REPLY FOR MY SIGNATURE
. (
PREPARE JOINT REpORT
FOR CLEARANCE
NEED APPROVAL OF -----------------------
ESTIMAT! COST
( ) FOR NECESSARY ACTION
( ) FOR IMMEDIATE ACTION
I 1 DRAFT LETTER FOR AGENDA
REPLY DIRECTLY TO CORRESpONDENT; SEND copy TO THIS OFFICE
CONTACT CORRESPONDENT; REPORT ACTION .TAKEN TO THIS OFFICE
1 SUBMIT YOUR RECOMMENOAT10NS OR COMMENTS IN WRITING
( I PREPARE ROUGH SKETCH
REMARKS:
Attached is a copy 01 a l~tter 01 Mr. Anderson's originalwhlch our
ollice coub! not find. Please )repare a response lor my slgnaturs
af.ter an tnvesttgatton of the matter. '!'hanks.
.1Y-1 /~~()/!L.JJ - 4-<ftP-'~ ju)
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t Po.i~oft Tille)
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Deee"'ber 20. 1979
.~.1r. Gerala lvi
1438 8'11 . AnderBoa
l crest A~oUe
Clea~ater ""'L
. J;' 33516
Dear A1 A
r, ~adersoQ:
l a.Ckno."~"le(jge re .
"loveO')ber 7 197cerpt of YOur letter "'b' L
· 9 reg a' <y le~ You 1
oUOdea by !filler..t :: log.tbe araioage Probl 'ro,~ '0 O1e aa'ea
. ~Vergreen aQa Bell ' ell'} In the area
eV1e,," E?o .J
'r a "'e"'ber a".
~ b Of n'1y staff Will
eeo -ae of tb eOotae, ~ou aft
e -tter. . er ao iO~'S'igatioo
Y truly Yours
.
:Y L. Shoema.ker
<!'lager
:y l-Iaeseker
istaot City o\fanager
,
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
r
I' Y OF ClEARWAT:R
Interdepartment Corre!pondence $~..et
Elizabeth S. Haeseker, Assistant City l~naber
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Max G. Battle, Pu~lic ~orks Director
Antbony L. Shoe~er, City Manager
E-~~.-
Easement - Lot 1, Block ~, Brookhill Unit 2 - Your memo dated
10/23/79
October 25, 1979
Your interpretation of my letter concerning subject
easereent ~s entirely correct. All of the pool that
1s in t~e easement sbou1d be removed.
It is noted that the pool has not been in operation
for t-.;tenty yearsj to the contrary, it \":as in such
bad st~te of repair that the new ow~er ~anted to
re~uild it to make it usable. The pool ~as constructed
without a building permit and definitely has outlived
its usefulness so this is the logical tL~. 70 RE~OVE IT.
~e have bad several draiaage complaints from residents
in this neighborhood requesting that the s~Ale be
constructed in the eas~m~nt in order to f~cilitate
,,'a ter :ruaaing in to several grate inlets, oue of ,.bich
specifically stated that the obsolete pool iotae
ease~~nt ~as blocking the tlov of water and caused
flooding 1n the area.
IV'
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~r_ _ y
OF
ClEARWAT:R
Interdeparlm~nt Corre!pondence S"eel
TO: Xax Battle, Director of Public Works
Elizabeth S. Haeseker, Assistant City Manager ~
FROM:
COPIES:
Anthony L. Shoemaker, City Manager
SUBJECT: Easement - Lot I, Block J, Brookhill Unit 2
DATE:
October 23, 1979
Max, I asked Bill Shephard to check with you to see if
my reading of your letter was correct, because it indicated
to me that you ~anted to have the pool removed so that the
entire easement ln question could be used for the drainage
basin.
Since I~ asked. Bill to talk to you, I've received a note
from the Manager asking me to check on this. He indicated
that it seemed a little harsh to have the pool removed.
Will you please write to either the Manager or me and let
us know why it is so necessary to have a pool, which has
been in operation for approximately 20 years removed at
this time.
---J.~rJ.81c';;.r"':=ter 2..-: ~l'~--ing
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Ctller ______
File __ . ~------------------
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, ~__ October 16, 1979. 'J}}'
l!r. pfwnrd J. Geo~heg<U1 ~ ~ \J
12J;l So. lli,,!lland Avenue --"------~-- ",,/
cl~arvater, 1'1orid3. 33516/' ~r~' --'-, .,
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Re:'..,:Easct1cnt _ ~t 1, g1. ~,Brookhill Unit II
~. I
Dear ~eogj:mgan: J
As stated pre-v1oUS1.y, t~!< \'Iorks Departr.~nV{~l1
have to oppose V:lC1ltiDg l"e!erencea-~et;;.en.t-.(}'l.'" any
port1.0D. ot it.
Several drainage coppla~nts have DeGn received from
your client's neighbOrS requ~ting that a swale be
inst:llled in the en.set!!ent to facilitate stOn:1 water
gettiDg to the inletS. At least one of them stated
that the encroaching pool 1s contributing to the
p.robl~.
It is noted th~t d...-ainage hClS bccc~:e n:.ore and E:ore
crltica1 in the past severa.l years ~lth n.rens n09
flooding that have not had proolecs iD the past. This
is caused by goveral factors such as continued develope-
"ent, changes in ..eather patterns, etc. In dew of
this, the entire eage~cnt 19 required to protect tho
health, safety and welfare of the other resideats iD
this dr~inage uasin.
Very truly yours,
~n:t G. B~ttle
Director o! Public ~orks
~GB: j
cc: City l!an.a.ger
city Attorney
Asst. City ~a~ger/opera~iOng
.-
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( ..1 L'\\:4 OFFICES 1
COR-MIN, CEO~HECAN. EASLEY 8 CR..I\NESE. P. .
NEIL R- COVERT
"ENNETH E. EA5Lf.Y
EOWARDJ.GEOGHECAN
~R..Y P. COltM1N
^NTHONY P. C,,-^NE5E
R.ICH^R.D D. GREEN
121250. HICHl-^NO ^VEN~
CI.E.4.I.....:.'ATEP.. FLOR.IOA 335;6
(813) 441' 3705
October 5, 1979
Mr. Hax Battle
Public Works Director
Engineering Division
10 South ~lissouri Avenue
Clearwater, Florida 33516
RE': Easement, Lot 1; Block J, BROOKHILL UNIT II
Dear Mr. Battle:
Since you feel that vacating the above referenced easement is
not feasible, Mr. Herman Bailey would respectfully ask that
your office examine the possibility of reducing the size of the
easement. We understand that City policy is to preserve existing
easements, but we would ask that you consider certain factors in
your determination as to reduction.
First, the swimming pool has been on the property since the early
1960's and was apparently not a problem when the City put drainage
pipes in the ditch. We realize that if any future \.;Tork need be
done, such work might require added working space, but we would
point out that besides the space on Mr. Bailey's property, there
is also a 25 foot easement on the adjoining property on Hillcrest
A~enue (Plat Book 60, Page 14 shows the adjoining property on
Hillcrest Avenue). It would seem that this would provide adequate
working space.
'\.Je would again point out that the hardship to be suffered by Hr.
Bailey in removing the pool would seem to greatly outweigh the
benefit to the City. The City might, in the future, need to re-
place the drainage pipe but Mr. Bailey will definitely face a
substantial loss to the value of his property now if the pool must
be removed.
Again, the encroachment had gone unnoticed for almost 20 years until
Mr. Bailey himself innocently pointed it out to the City. Surely
if .the encroachment was of such a nature as to make repair work
impos . ~~I~~~ uld have been detected earlier.
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O:be:r _________________________
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GORMIN, GEOGHEGAN, EASLEY, GRANESE 2 BAUMAN, 1', A.
Mr. Max Battle
Public Works Director
October 5, 1979
PAGE Two
We hope that the City will take these factors into consideration
in coming to a fair solution to this problem. To subject a citizen
of the City of Clearwater to a great expense in removing a 20 year
old encroachment on an easement -.;.;hich would seemingly require very
little future repair work seems unfair. Couple this with the fact
that there seems to be adequate space for repair work despite the
encroachment, the remedy of forcing Mr. Bailey to remove the pool
becomes even more unfair. We, therefore, respectfully request that
your department investigate the possibility of reducing the size
of the easement on Mr. Bailey's property, or coming to some other
just solution to this problem.
Very truly yours,
<-
. ~__~_ ~,7
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L-~---'/C ~ C/::.{/./'
EDWARD J. GEOGHEGAN
EJG:jb
cc: Mr. Herman Bai ley,' Jr.
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CITY OF CLEARWATER
Interdepartmenl Correspondence Sh::t
TO:
Acting Field Supervisor
FROM:
A. V. Mahan
COPIES:
Max Battle
SUBJECT: Swimming Pool Encroachment - 1453 Evergreen Avenu (Herman Bailey,Jr
DATE: August 16, 1979
Please check 1453 Evergreen to see whether or not a
swirr~ing poOl, built by the owner (~rr. Herman Bailey, Jr.)
still encroaches into the City's drainage and utility
easement. Based on the results of your field inspection,
we will determine whether action by the City Attorney, as
originally requested, is still needed.
Thanks Ray!
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C I T Y
o F
CLEAR"\VATER
POST OFFI,CE 80:':: .7.1
C LEA R W ATE R. F LOR IDA 3 3 5 , =
October 9, 1978
OF F1CE of
CITY E"'G.",EER
1~. H~rman Bailey Jr.
1453 Evergreen
Clear~ater, Florida 33516
Dear Mr.' Bailey:
Please be .advised that, according to City records,
your swimming pool, which waS built without a permit,
encroaches into a city drainage and utility easement.
The City Of Clearwater will, under no circumstances,
permit major repairs to this pool Therefore, you are
advised to remove that portion of the pool that is
encroaching into the drainage easement.
The section of Stevenson Creek that you are abutting"
is very critical and will warrant future work to
ameliorate the upstream flooding. Your pool presents
a problem for acceSS of vehicles used to ~aintain
this creek.
Very truly yqurs,
~ !J. flttlt;:--
Max G. Battle
Public Works Director
MGB:rm:m
cc: City Manager. '
City Attorney
Building ,Inspector.
Return Receipt
"f qual Employmenl end Affirmotive Action f".,p!oycr"
- - I
TO:
FROM:
COPIES:
SUBJECT:
DATE:
-....
/
~
b' Y 0 F C lEA R W ATE R
I~deparfment Corrupondence Sheet
Thomas A. Bustin, City Attoruey
Max G. Battle, Public \forks Director
Building Inspe7t~on Department '
Encroachment into City Drainage and Utility Easement
Memo dated 12/26/78
March 15, 1979
Per your request, enclosed is copy of the memo
and copy of letter to Herman Bailey, Jr.
concerning encroachment.
Field inspection of the property indicates no
action has been taken by tbe owner of the property.
aso! March 15, 1979.
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Attached
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TBQ~ BOSTIW - city Attorney
MAx G. Battle - Director of public Works
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Sesa ,wlov
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Eerm.:u1 nalley, Jr.' - incr~c~ent ffito' City> .
Draina9. ~ utility E~e:cnt.
12/26/7'
In an october, " 1~7a letter ve advised Mr. HerJ:l..an
Bailey, Jr. of 1453 :Vergreen that hi. ~imming pool,
built without. permit, .encroached into the City
Prainag8 and utility easement. Hr. BAiley vaa ad-
vised by registered mail, return rece.1pt requested.
The! letter va.s receipted.,])y a Sharon hiley on October
10, 1978.
c= Dec"'''''~ 19th a follow tIp inspection va.. made of
the Bailey prope.rt:y. No action hAd. b&en tUe.n to
re:oove the portion of the pool encroaching .into the
eAsement a.. requested in our original October ,th
letter. On the face .o!the tact., it 1. evi6ent that
Hr. B4i.ley to this data has chosen to ignore our ra= I...
quart .
.
InaSMuch as the pool y~ originally bui1t without .
'permit, it i. appa.rent that legal AOtion will be
necesa44)" to restora th.,easament to the City. Please
t:.ak. appropriate aotion %0 effect removal ot th. 6;U-
c:roac~"t .into 1:h. City.drai.oaq. and utility easement.
We will Assist you .. yoa =ay re-qui.re.
Th&nk.s for your he1p.
MGB/..V::=/jj
eOI
A. L. S~"'~.r, City !o'..anager J
M. J. paroby, Asst._ City MAnager
Ed Blanton, nireo1:.or Buildinq :t.n.sapection
Bob Karan, Ci t]" ltcfJ inecr iJJg Dept.
Attach. letter 10/9/71
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CITY
OF
CLEARWi\.TER
POST OFFIC~ BOX 4748
C LEA R W ATE R. F LOR IDA' 335 18'
October 9, 1978
OFFICE OF
CITY ENGINEER
Mr. Herman Bailey Jr.
1453 Evergreen
Clearwater, Florida 33516
Dear Mr. Bailey:
Please be 'advised that, according to City records,
your swimming pool, which was built without a permit,
encroaches into a city drainage and utility easement.
The City Of Clearwater will, under no circumstances,
permit major repairs to this pool Therefore, you are
advised to remove that portion of the pool that is
encroaching into the drainage easement.
The section of Stevenson Creek that you are abutting'
is very critical and will warrant future work to
ameliorate the upstream flooding. Your pool presents
a problem for access of vehicles used to maintain
this creek.
Very truly yours,
~JtJ.'~
Max G. Battle
Public Works Director
MGB:rm:m
cc: City Manager. '
City Attorney
Building Inspector.
Return Receipt
"Equal Employment and Affirmative Action Employer"
u~ l.-:::-' ~ ~ rg" ~~. u, u~ ~ ~ U t}- 'V ~ V lWJ lr"
LOi l,~ 6L.OC;l< J I OF 6ROOK0-L UN 1111, AS RE~~RDED 0 PLAT 600K 41, PAtE
OF THE PUBLIC RECORDS OF PINcLLAS COUNTY, FLORIDA
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FOR HERMAN SAllEY, JR.
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LEGEND
O,!T I&ON ".M orOUNO IJlON "1"
a 54 T COMe. ...0.... (".Nt a ''''0. CONe "0"". tNW
_#_.._F[HC!
CARL S. COURseN
LAND SURVEYING
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OATE. .?-/-7d
SCALE. 1" = ZOo
S13 S. Paul. 0"...
O",n.dtft. Florid. ~3$2a
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M~::1:~" etaTI'" T"C suave" "(.(0" ...S MEETIHe
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'(o;tln" .r.!';:'STER(O SUIlV('!OR CEIlT'FICAn NO 3129
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO: Rick Griesinger, Asst. City Attorney
FROM: Max G. Battle, Public Works Director
~EC~fYED
COPI ES:
SUBJECT:
Swimming Pool in easement at 1453 Evergreen
~Pt? 21 1980
~lty ATTORNEY
DATE:
April 21, 1980
In October, 1978, the pool in the easement was brought to
my attention that the owner of the residence at 1453
Evergreen wanted to rebuild the pool which encroaches
approximately sixteen (16') feet into the drainage easement.
I notified the owner by return receipt mail that the pool
should not be repaired and further that the encroaching portion
should be removed (letter dated 10/9/78). On 12/26/78, the
Attorney's office was requested to take action to remove the
pool. S~veralinsp~ctions and verbal requests were made
through the following months.
On October 5, 1979, Attorney Edward J. Geoghegan sent me
a letter concerning the pool after having at least one
telephone conversation. ( My answer was dated October 16, 1979.)
On October 23, 1979, I received an inquiry from Elizabeth S.
Haeseker concerning the pool; and answered it on October 25, 1979.
Upon receipt of a petition from abutting neighbors I attended a
meeting with the neighbors concerning flooding problems in the
area on March 24, 1980. At this time I was made aware of the
fact that two homes had actually flooded. This put the area in
a much higher priority for construction of corrective measures.
At the meeting I observed that owner had completely refurbished
the pool and sent the attorney a memo the same day requesting
legal action.
At this time we are prepared to construct the required swale
and additional inlet as soon as the pool is removed from the
easement. If the required swale, etc. is not constructed
before the June rains commence, at least two of the neighborhood
homes will be flooded.
Copies of memos, etc. in our file are attached together with
photographs of the pool and surrounding area.
llt(l