7351-04
ORDINANCE NO. 7351-04 :
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 6780-01, WHICH VACATED THE EAST
35 FEET OF THE 70 FOOT RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, BOUNDED ON THE NORTH BY THE WESTERLY
EXTENSION OF A LINE PARALLEL TO AND 20 FEET NORTH
OF THE NORTHERLY LOT LINE OF LOTS 57 AND 104 OF
LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN
PLAT BOOK 13, PAGE 12 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA AND BOUNDED ON THE SOUTH
BY THE WESTERLY EXTENSION OF THE SOUTH LOT LINE OF
LOT 59. OF SAID LLOYD-WHITE-SKINNER SUBDIVISION, (AKA
THE SOUTH LOT LINE OF THE BEACH PLACE MOTEL CONDO,
PLAT BOOK 65, PAGE 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY. FLORIDA), SUBJECT TO SPECIAL
CONDITIONS; AMENDING THE SPECIAL CONDITIONS~
PROVIDING AN EFFECTIVE DATE.
WHEREAS, AI-Nayem International, Inc., and Thavabalasingam, owner of real property
located in the City of Clearwater, Ra& requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, in Ordinance No. 6780-01. the Council qranted the vacation subiect to special
conditions which have not been met: and
WHEREAS, the current owners, Beachwalk Resort. LLC, have requested amendments to
the special conditions; and
WHEREAS, the City Council finds that said right-of-way is not necessary for municipal use
and it is deemed to be to the best interest of the City and the general public that the same be
vacated subiect to conditions as amended; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following: East 35 feet of the 70 foot right-of-way of Gulf View Boulevard,
bounded on the north by the westerly extension of a line parallel to and 20 feet north of the
northerly lot line of Lots 57 and 104 of L1oyd-White-Skinner Subdivision, as recorded in Plat Book
13, page 12 of the Public Records of Pine lias County. Florida and bounded on the south by the
westerly extension of the south lot line of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA
the south lot line of The Beach Place Motel Condo, Plat Book 65, Page 13, of the Public Records
of Pinellas County, Florida), closed and released and the City of Clearwater releases all of its
right, title and interest thereto, contingent upon the following conditions:
1. The project described within the Development Agreement between the City of
Clearwater and Beachwalk Resort. LLC Clo:u\\'3ter S03sholl Resort, L.C. shall
commence vertical construction bo completed within one tAFee years of the
effective date of this ordinance. The one tJ::H:ee..year time period may be extended
for unavoidable delav as provided in the Development Aareement suspendod
during m3tters boyond tho control of tho Cle::uv.'3tor Seashell Resort, L.C.,
including Iitig3tion.
Ordinance No. 7351-04
2. 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 GA-a
dodicatod stroot right of way to the west of the subject right-of-way to
accommodate two lanes of two way traffic capacity.
3. Easements shall be dedicated to provide adequate access to all relocated utilities.
4. All public and private utilities shall be relocated by Beachwalk Resort. LLC
Cle3rwater Se3shell Resort, L.C. to the approval and acceptance of the utility
owners with all out of service utilities removed prior to completion of said project.
6. Tho CloaN/ator Soasholl Resort, L.C. sh311 obtain approval from tho City
Commission of tho final design for tho South Gulf",iew/Bo3ch'.\'{llk projoct.
5. A 1 Q-foot public access easement shall be dedicated to provide pedestrian access
from Coronado Drive to the new alignment of Gulf View Boulevard, and
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
November 18, 2004
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 2, 2004
Approved as to form:
Attest:
11J-:
Pamela K. Akin
City Attorney
Ordinance No. 7351-04
EXHIBIT "A"
Scale 1" = 50'
This is not a survey
219 55
102
. 56
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a
57
Requested Vacation Of
Right-of- ay 104
230
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TH I R 0
THE
BEACH PLACE
MOTEL CONDO
65-13
STREET
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2
300 0
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105 0
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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~~ ~~~....... CITY OF CLEARWATER, FLORIDA
,:~~) PUBlJC WORKS ADMINISTRATION
~rER /!l ENGINEERING
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~N~ VACATION REQUEST VA~OO~-06
...-. IY AL NA YEM INTERNA TlONAL, INC. ....
so THAVABALASINGAM 2 OF 6
DA1I 1ECf-...........
03/08/2001 229 & 301 S. GULFVlEW BLVD. 7,8-295-15E
276A 300 CORONADO DRIVE 7~4