Loading...
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 ~ -J 103 ~ OJ - 0::: a 57 Requested Vacation Of Right-of- ay 104 230 ~ .::) o (I) TH I R 0 THE BEACH PLACE MOTEL CONDO 65-13 STREET 0 a <( 2 300 0 0::: 105 0 u CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ",,~ ~~ ~~~....... CITY OF CLEARWATER, FLORIDA ,:~~) PUBlJC WORKS ADMINISTRATION ~rER /!l ENGINEERING "", ~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