7400-05
ORDINANCE NO. 7400-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 6779-01, AS AMENDED BY
ORDINANCE 7350-04, 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, in Ordinance No. 6779-01, the City Council granted the vacation
requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached hereto,
subject to special conditions which conditions have not been met; and
WHEREAS, in Ordinance 7350-04, the conditions described in Ordinance 6779-01
were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, have requested
amendments to the conditions; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
general pUQlic that the same be vacated subject to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORI DA:
Section 1. That Section 1. of Ordinance 6779-01, vacating the 60 foot right of way of
Third Street (AKA Third Avenue), bounded by 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, as amended by Ordinance 7350-04, is hereby
amended to read as follows:
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. Developer shall commence construction of the Proiect as
described in the Second Amended and Restated Development
Aareement between the City of Clearwater and Beachwalk
Resort. LLC by March 6. 2006. 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 the Developer. who shall record the
certificate in the Public Records of Pinellas County. Florida. The
Ordinance No. 7400-05
recordina of such certificate shall conclusively confirm that this
condition has been timelv satisfied. The project described within
the Development Agreement between the City of Clearwater and
Beachwalk Resort, LLC shall commence vertical construction
within one year of the effective date of this ordinance. For
purposes of this ordinance. commencement of construction
shall mean Developer obtainina a foundation permit from the
City of Clearwater and commencement of construction of the
foundation in accordance with said permit. The date for
commencement of construction one year time period may be
extended for unavoidable delay as provided in the Development
Agreement.
2. Easements shall be dedicated to provide adequate access to all
relocated utilities.
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. 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
February 1. 700')
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 17, 2005
~~e';:~
FTarif( V. Hibbard
Mayor
Approved as to form:
Attest:
tLlL ~
Pamela K. Akin
City Attorney
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Ordinance No.' 7400-05