7401-05
ORDINANCE NO. 7401-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE 6780-01, AS
AMENDED BY ORDINANCE 7351-04, 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, in Ordinance No. 6780-01, the 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 have not been met; and
WHEREAS, in Ordinance 7351-04, the conditions described in Ordinance 6780-01
were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, have requested
amendments to the special conditions; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
general public that the same be vacated subject to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That Section 1. of Ordinance 6780-01, vacating the East 35 feet
of the 70 foot right-of-way of Gulf View Boulevard, bounded by 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 Pinellas County, Florida and bounded on the south by the westerly extension
of the south lot line of Lot 59, of said L1oyd-White-Skinner Subdiyision (AKA the south lot
line of The Beach Place Motel Condo, Plat Book Book 65, Page 13, of the Public Records
Ordinance No. 7401-05
of Pinellas County, Florida), subject to special conditions, as amended by Ordinance
7351-04, is hereby amended to read as follows:
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 Pinellas 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. Developer shall commence construction of the Proiect as
described in the Second Amended and Restated
Development Aqreement 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 recordinq of such certificate shall conclusively
confirm that this condition has been timely satisfied. +He
project described 'Nithin the Development I\greement
betvveen the City of Clearv/ater and Be3chw31k Resort, LLC
shall commence vertical construction within one years of the
eff-ective date of this ordinance. For purposes of this
ordinance. commencement of construction shall mean
Developer obtaininq 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 ye3r time period may be
extended for unavoidable delay as provided in the
Development Agreement.
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 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 to the approval and acceptance of the utility
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Ordinance No. 7401-05
owners with all out of service utilities removed prior to
completion of said project.
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
February 3. 2005
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 17, 2005
~j/~
V. Hibbard
Mayor
Approved as to form:
Attest:
a I<r-
Pamela K. Akin
City Attorney
,..."
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Ordinance No. 7401-05