7369-05
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Being Re-Recorded du~ to missing Exhibit A
KEN BURKE, CLERK OF C RT
PINELLAS COUNTY FLO DA
INST# 2005064020021 12005 at 10:17 AM
OFF REC BK: 14128 : 2610-2611
DocType:GOV RE RDING: $18.50
ORDINANCE NO. 7369-05
AN ORDINANCE OF THE CITY OF CLEARWAT~;--T
FLORIDA, VACATING, THE 50-FOOT STREET
RIGHT-OF-WAY OF BEACH DRIVE FROM SAN
MARCO STREET NORTH TO BA YMONT STREET;
SUBJECT TO SPECIAL CONDITIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Hunter Hotel Company and Mandalay Investments, LLC,
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, 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 50-foot street right-of-way of Beach Drive (F.K.A. Gulf Boulevard) from
San Marco Street (F.K.A. Mangrove Street) north to Baymont Street is
hereby vacated, subject to the following conditions:
1) Developer shall "commence construction" of the first Phase of the Project
described in the Development Agreement between the City of Clearwater
and CBR Development I, LLC and CBR Development II, LLC within two
years of the effective date of this ordinance. Upon satisfaction of this
condition, Developer shall prepare and submit to the City a certificate of
satisfaction of this condition that shall be executed by the City and returned
to Developer, who shall record the certificate in the Public Records of
Pinellas County, Florida. The recording of such certificate shall conclusively
confirm that this.condition has been timely satisfied.
2) All public and private utilities shall be relocated at the Developer's expense
and to the approval and acceptance of the utility owners with all out of
service utilities removed prior to the completion of the Project. Upon
satisfaction of this condition, Developer shall cause a certificate to be
executed by the Project engineer and recorded in the Public Records of
Pinellas County, Florida. The recording of such certificate shall conclusively
confirm that this condition has been timely satisfied.
3) This vacation ordinance shall be rendered null and of no effect if any of the
preceding conditions are not met on or before the applicable deadline.
RETURN TO: CITY CLERr<
112 S. OSCEOLA AVE
CLEARWATER. FL 337S6
ORDINANCE NO. 7369-05
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4) Capitalized or italicized terms used in this Ordinance that are not defined
shall have the meanings given to such terms in the Development
Agreement.
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
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
January 20, 2005
February 3, 2005
-t--.~ r ~
'-rra'nk v. Hibbard '
Mayor
Attest:
I hereby certify Ihal,lhis is a. true aud
correcl copy of the onglnal as It appears
in the files of the City of Clearwater.
Witness my han.j ano official seal of
the . ~ of ,Clear e. oS
. ay?f ,20_
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2
Ordinance No. 7369-05
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EXHIBIT "A"
SCALE 1"=100'
Vacation Requested
By Applicant
in
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City of Clearwater, Florida
Public Works Administration/Engineering
Dale City of Clearwater Vacation DWG. NO
11/10/04 JMC VAC 200S-01
Drawn By Sheet
S.K. Vacate Beach Drive from 2 of 2
Checked B See- Twn-Rn
S.D. Baymount Street To 08-29S-15E
GRID # San Marco Street. Ordinance
267 A 7369-05