7232-03
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ORDINANCE NO. 7232-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE ALLEN AVENUE RIGHT-OF-
WAY FROM THE SOUTHERLY EXTENSION OF THE
WEST PROPERTY LINE OF LOT 15, BLOCK 4, ACKERS
SUBDIVISION TO THE EASTERLY RIGHT-OF-WAY LINE
OF MCMULLEN BOOTH ROAD, SUBJECT TO A
DRAINAGE AND UTILITY EASEMENT WHICH IS
RETAINED OVER THE FULL WIDTH THEREOF AND
VACATE THE THREE-FOOT DRAINAGE AND UTILITY
EASEMENT LYING ADJACENT TO THE REAR PROPERTY
LINES OF LOTS 4 THROUGH 15, BLOCK 4, ACKERS
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Hupp and Allen M. McMullen, Jr., owners of real property
located in the City of Clearwater, have requested that the City vacate the right-of-way
depicted in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
Portion of the 60-foot right-of-way o(Allen Avenue from the southerly extension of
the west property line of Lot 15, Block 4, Ackers Subdivision, as recorded in Plat
Book 30, Page 91, Official Records of Pinellas County, Florida to the easterly right-
of-way line of McMullen Booth Road, subject to a drainage and utility easement
which is retained over the full width thereof and vacate the three-foot drainage and
utility easement lying adjacent to the rear property lines of Lots 4 through 15, Block
4, Ackers Subdivision
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
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.
Ordinance No. 7232-03
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
December 4, 2003
February 19, 2004
Attest:
~~E fL.~
Cy 'a E. GOudeau .
City lerk
Ordinance No. 7232-03
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EXHIBIT "A"
Scale 1 "=1 00'
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CHARLES
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Re r 3' Utilit Easeme OfLots 4 Thru 15
nd Lots 8 Thru 11 ction Requested
By Appll ant 1
3 4 5 6 1 7
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3' Utiltiy
16 15 12 10
3000
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ALLEN AVE
2682
60'
R/W Vaction Requested
By Applicant
2652
City of Clearwater, Florida
Public Works Administration/Engineering
ale City of Clearwater
11/03/03 Vacation Request
rawn Y Allen Ave. Sl. Rioht-Of-Wav from
SK The West lot line at Lot 15, Block 4,
e~~ Y Ackers Sub. To the Westerly
Right-Ot-Way Ihltl McMullen
Booth Road
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7232-03