7947-08
4
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200811190204/24/2008 at 09:42 AM
OFF REC BK: 16229 PG: 1974-1977
DocType:GOV RECORDING: $35.50
ORDINANCE NO. 7947-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 7372-05, WHICH
VACATED A PORTION OF THE EASTERLY ONE-HALF OF
THE 70-FOOT RIGHT-OF-WAY OF GULFVIEW
BOULEVARD, (A.K.A. SOUTH GULFVIEW BOULEVARD
PER FIELD), SUBJECT TO SPECIAL CONDITIONS;
EXTENDING THE REQUIRED DATE FOR
COMMENCEMENT OF VERTICAL CONSTRUCTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in Ordinance No. 7372-05, the City of Clearwater vacated the right-of-
way depicted in Exhibit A attached hereto, subject to certain conditions; and
WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the
"Developer," the City Council finds that it is deemed to be in the best interest of the City
and the general public to amend the conditions of the vacation; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
A parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia
Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the
Public Records of Pine lias County, Florida, and being a part of said Gulf View Boulevard,
as depicted on the plat of L1oyd-White-Skinner Subdivision, according to plat thereof, as
recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County,
Florida, all lying in the east % of Section 7, Township 29 South, Range 15 east, Pinellas
County, Florida, and more fully described in the legal description Exhibit "A" attached
hereto;
Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the
plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23,
Page 60, of the Public Records of Pinellas County, Florida, lying in the east ~ of
Section 7, Township 29 South, Range 15 East, and the west % of Section 8, Township
29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal
description Exhibit "B" attached hereto, are hereby vacated, subject to the following
conditions:
1) The project described within the Development Agreement between the City of
Clearwater and K & P Clearwater Estate, LLC ("Development Agreement")
shall commence vertical construction no later than March 3, 2010.
2) Developer shall demolish and remove existing structures on the project site by
October 31,2008.
3) All public and private utilities shall be relocated by K & P Clearwater Estate,
Ordinance No. 7947-08
LLC at its own expense and to the approval and acceptance of the utility
owners with all out of service utilities removed prior to the completion of the
project.
4) The public vehicular and pedestrian use of the subject right of way shall be
maintained until such time as a suitable paved roadway is constructed to the
west of the subject right of way to accommodate two lanes of two way traffic
capacity.
5) Payment of the Developer's pro rata share of the Beach Walk Construction as
identified in the Development Agreement.
6) This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
April 3, 2008
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 17, 2008
-::f~ t/. ~
~k V. Hibbard
Mayor
Approved as to form: Attest:
JUjfi <~
Pamela K. Akin
City Attorney
2 Ordinance No. 7947-08
EXHIBIT "A"
ORDINANCE 7947-08
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS
DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING A PART
OF SAID GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-
WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST % OF
SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW:
BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-
WHITE-SKINNER SUBDIVISION: THENCE S.05032'30"W. ALONG THE EAST
RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET
TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05032'30"W., A
DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF
AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE
S.05032'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF
VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID
EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF
160.45 FEET; THENCE N.84027'30"W., A DISTANCE OF 34.98 FEET; THENCE
N.05032'30"E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD,
A DISTANCE OF 456.33 FEET; THENCE S.41028'18"E., A DISTANCE OF 16.55
FEET; THENCE S.05029'40"W., A DISTANCE OF 0.58 FEET; THENCE
S.84030'20"E., A DISTANCE OF 6.00 FEET; THENCE N.05029'40"E., A
DISTANCE OF 18.97 FEET; THENCE CONTINUE N.05029'40"E., A DISTANCE
OF 1.03 FEET; THENCE N.41 000'13"W., A DISTANCE OF 17.95 FEET;
THENCE N.48031 '37"E., A DISTANCE OF 14.15 FEET; THENCE N;90000'00"E.,
A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE;
THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF
GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A
RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET
AND A CHORD BEARING OF S.28011 '29"W.; THENCE S.05032'30"W. ALONG
SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
0.88 FEET; THENCE N.90000'00"W., ALONG THE NORTH BOUNDARY OF
AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF
BEGINNING.
CONTAINING 16687.11 SQUARE FEET OR 0.38 ACRES, MORE OR LESS.
EXHIBIT "B"
ORDINANCE 7947-08
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS
DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN THE EAST ~
OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST ~
OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-
WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA; THENCE N.90000'OO''E., ALONG THE
NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE
N.05032'30"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID
GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF A
CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-
WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A
RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A
CHORD BEARING OF N.28011 '29"E. TO THE POINT OF BEGINNING; THENCE
N90000'00''W., A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT
CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF
98.97 FEET AND A CHORD BEARING OF N.63052'46"E.; THENCE
S.89054'OO"E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE
SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD
BEARING S.45059'54'E. TO A POINT OF NON-TANGENT CURVE; THENCE
WESTERLY ALONG THE SOUTHERLY RIGHT-OF=-WAY OF AFORESAID
GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS
OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A
CHORD BEARING N7r55'43"W.; THENCE N.8954'OO'W. ALONG SAID
SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF
145.71 FEET TO A POINT OF CURVE; THENCE WESTERLL Y ALONG SAID
SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD
BEING A CURVE TO THE CURVE TO THE LEFT HAVING A RADIUS OF 34.00
FEET, AN ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD
BEARING OF S.70027'47'W.TO THE POINT OF BEGINNING.
CONTAINING 6256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS.