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7306-04 ORDINANCE NO, 7306-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE PORTION OF THE 60-FOOT RIGHT-OF-WAY OF JASMINE WAY, FORMERLY KNOWN AS EWING AVENUE, THAT LIES BETWEEN BLOCK 28 AND BLOCK 33 OF MAGNOLIA PARK SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Craig J. Murtha, E Joynn, Inc., and Robert Resnik, 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 Council 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The portion of the 60-foot right-of-way of Jasmine Way, formerly known as Ewing Avenue, that lies between Block 28 and Block 33 of Magnolia Park Subdivision, as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida, subject to the vacation becoming effective only upon transfer of ownership of the property adjacent to said right-of-way portion from the current property owners, Craig J. Murtha, E Jolyn, Inc., and Robert Resnick to GWI Investments or its assignee and also subject to the condition that the vacation shall become null and of no effect if all certificates of occupancy are not obtained for the development known as Jasmine Way Townhomes within 24 months from the date of second reading of this ordinance. 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 June 17. 2004 Ordinance No. 7306-04 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ,~}) ~ Assistant City Attorney July 15, 2004 /1:- Brian J. AUng~ Mayor --- Attest: -. ,-"-" - ._---.-. - ./~', -- /- - - - ---..- _.: . '- ..' 2 Ordinance No. 7306-04 EXHIBIT "A" Scale I "= 100' NORTH I I DRUID ROAD WEST 6 I I I I I I I , 4 I I I I I I I I 35 I HA~BOR 1-65 1 2 2 11 10 9 2 3 33 AKS Vac tion Reque/ted By pplicant 6 8 3 24 23 JASMINE WA Y <: 60' 1 0 - ~ 36 a:: a:: 2 38 34 ~ 11 10 9 1 2 .... a:: ~ 3 71 ~ I I 6 8 ;:) I 69 67 0 4 I CI) -------____1 MAGNOLIA DRIVE City of Clearwater, Florida Public Works Administration/Engineering ate City of Clearwater Vacation Request 05/11/04 GWIINVESTME'NTS awn y S.K. Jasmine Way Right-ai-Way located adjacent to the South lot line of Lots 5-8, Block 28 MAGNOLIA PARK ec e y S.D. TI 295B 7306-04