7350-04
ORDINANCE NO. 7350-04
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE 6779-01 VACATING
THE 60 FOOT RIGHT-OF-WAY OF THIRD STREET, (AKA
THIRD AVENUE), BOUNDED ON THE EAST BY THE
WESTERLY RIGHT-OF-WAY LINE OF CORONADO DRIVE
AND BOUNDED ON THE WEST BY THE EASTERLY
RIGHT-OF-WAY LINE OF SOUTH GULFVIEW
BOULEVARD: 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, has requested that the City vacate the right-of-
way depicted in Exhibit A attached hereto; and
WHEREAS, in Ordinance No. 6779-01. the City Council qranted the vacation
subiect to special conditions which conditions have not been met; and
WHEREAS. the current owners. Beachwalk Resort. LLC. have requested
amendments to the 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 amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following: 60 foot right-of-way of Third Street, (AKA Third Avenue),
bounded on the east by the westerly right-of-way line of Coronado Drive and bounded on
the west by the easterly right-of-way line of Gulf View Boulevard, 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 Cloal'\vator Seashell Rosort, L.C.
shall be commence vertical construction complotod within one tAfee years
of the effective date of this ordinance. The one tAfee-year time period may
be extended for unavoidable delav as provided in the Development
Aqreement susponded during m3tters beyond the control of the CI031"\N3ter
Seashell Rosort, L.C., including litig3tion.
2. Easements shall be dedicated to provide adequate access to all relocated
utilities.
Ordinance No., 7350-04
,.
3. All public and private utilities shall be relocated by Clearwater Seashell
Resort, L.C. at its own expense and to the approval and acceptance of the
utility owners with all out of service utilities removed prior to completion of
said project.
4. A 10-foot public access easement shall be dedicated to provide pedestrian
access from Coronado Drive to the new alignment of Gulf View Boulevard.
5. Tho Cl031"ovator Soasholl Resort, L.C. sh311 obt3in approval from tho City
Commission of tho final dosign for South Gulfvis'llBoachwalk proiect.
5. 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:
J1fJL
Pamela K. Akin
City Attorney
Attest:
Ordinance No. 7350-04
EXHIBIT "A"
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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~~::N~ VACATION REQUEST VA~OO~-05
OlEalm BY AL NA YEM INTERNATIONAL, INC. HEr
SD THAVABALASINGAM 2 OF 6
o3/~~i2001 229 & 301 S. GULFVlEW BLVD. 7~2~
276A 300 CORONADO DRIVE 7~4