8040-09
ORDINANCE NO. 8040-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 7372-05, AS
AMENDED BY ORDINANCE NO. 7947-08, WHICH
VACATED A PORTION OF THE EASTERLY ONE-HALF OF
THE 70-FOOT RIGHT-OF-WAY OF GULFVIEW
BOULEVARD, (A.K.A. SOUTH GULFVIEW BOULEVARD
PER FIELD), SUBJECT TO SPECIAL CONDITIONS;
EXTENDING THE REQUIRED DATE FOR
COMMENCEMENT OF VERTICAL CONSTRUCTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in Ordinance No. 7372-05, the City of Clearwater vacated the right-of-
way depicted in Exhibit A attached hereto, subject to certain conditions; and
WHEREAS, Ordinance No. 7372-05 was amended by Ordinance No. 7947-08 to
extend the date for vertical construction to March 3, 2010; and
WHEREAS, because of changes to the design of the project, the property being
vacated is amended to add a small additional portion of right-of-way; and
WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the
"Developer," the City Council finds that it is deemed to be in the best interest of the City
and the general public to amend the conditions of the vacation to match the development
schedule provided in the First Amended and Restated Development Agreement dated
December 30, 2008; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The parcels of land more fullv described in Exhibit A attached hereto
1\ parcel of land being a part of Gulf Vie'N Boulevard, as depicted on the plat of Columbb
Subdivision, according to the pl3t thereof, as recorded in Plat Book 23, Page 60, of the
Public Records of Pine lias County, Florida, and being a part of said Gulf Vie'.'.' Boulevard,
as depicted on the plat of Lloyd 'Nhite Skinner Subdivision, according to plat thereof, as
recorded in Plat Book 13, Pages 12 and 13, of the Public Records of the Public Records
of Pinell3s County, Florida, all lying in the east % of Section 7, Tovmship 29 South, Range
15 east, Pinellas County, Florida, and more fully described in the legal description Exhibit
"A" attached hereto;
Together'l.'ith a parcol of land being a part of Gulf View Boulevard, as depicted on the
pl3t of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23,
Page 60, of the Public Records of Pinellas County, Florida, lying in the east % of
Ordinance No. 8040-09
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SeGtiGA r East, Tewnrhip 29 SGuth, Range 15
and the west 29 Seuth, Range 15 East, Pinellas Gounty, Florida, SIAGI FnGFe fully desr.Fibed in the legal
" hereto, are hereby vacated, subject to the following
def,GFiption Exhibit
attarhed conditions:
1) The project described within the Development Agreement between the City of
Clearwater and K & P Clearwater Estate, LLC, adopted by Resolution 04-39
as amended by the First Amended and Restated Development Agreement
between the City of Clearwater and K & P Clearwater_ Estate, LLC, dated
December 30, 2008 and adopted by Resolution 08-14 ("Development
Agreement") shall commence vertical construction no later than Marsh--3-,
2019February 11, 2012.
2) All public and private utilities shall be relocated by K & P Clearwater Estate,
LLC at its own 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.
3) 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.
4) Payment of the Developer's pro rata share of the Beach Walk Construction as
identified in the Development Agreement.
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 19,
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
OF To
A'
Pamela K. Akin ?? ?? Cynt ' Goudeau
? City lerk
City Attorney CIA
Ordinance No. 8040-09
SKETCH of DESMIPTTQN
SHEEP 1 OF 2 SHEETS
PARCEL G
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF
COLUMBIA SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60,
OF THE PUBIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID GULF VIEW
BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE
15 FAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW:
BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION:
THENCE S.05'32'30'W. ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
90.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05'32'30"W.. A DISTANCE OF
60.00 FEET TO THE NORTHWEST CORNER OF LOT 48. OF AFORESAID LLOYD-WHITE-SKINNER
SUBDIVISION; THENCE S.O5'34'081V., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW
BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE S.OS'31'21'W. ALONG SAID EAST RIGHT-OF-WAY OF
GULF VIEW BOULEVARD, A DISTANCE OF 160.05 FEET; THENCE N.8V27'30"W., A DISTANCE OF 34.98
FEET; THENCE N.OS'32'30'E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF
471.39 FEET; THENCE N.48'31'37E., A DISTANCE OF 21.57 FEET; THENCE N.90'00'00'E., A DISTANCE
OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST
RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34,00
FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.28711'29-W.;
THENCE S.05'32'30'W. ALONG SAID EAST RIGHT--OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
0.88 FEET; THENCE N.90'00'OO'W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE
OF 3.82 FEET TO THE POINT OF BEGINNING.
CONTAINS 17.096 * SQUARE FEET (0.3925 ACRES), MORE OR LESS.
PARCEL H
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD. AS DEPICTED ON THE PLAT OF
COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60,
OF THE PUBLIC RECORDS OF PINELAS COUNTY, FLORIDA, LYING IN THE EAST 1/2 OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST 1/2 OF SECTION S. TOWNSHIP 29 SOUTH,
RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDIVISION.
ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGES 12 AND 13, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.90'DO'00"E., ALONG THE NORTH BOUNDARY
OF SAID LOT 44. A DISTANCE OF 3.82 FEET: THENCE N.05'32'30'E. ALONG THE EASTERLY RIGHT OF
WAY OF AFORESAID GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF CURVE; THENCE
NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO
THE RIGHT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND
A CHORD BEARING OF N.28'11'29E. TO THE POINT OF BEGINNING; THENCE N9(700'OO V., A DISTANCE
OF 29.08 FEET TO A POINT OF NON-TANGENT CURVE: THENCE NORTHEASTERLY ALONG A CURVE TO
THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET
AND A CHORD BEARING OF N.63'52'46'E.; THENCE S.89'54'00'E., A DISTANCE OF 79.18 FEET TO A
POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00
FEET, AN ARC OF 61.30 FEET. A CHORD OF 55.47 FEET AND A CHORD BEARING S.45'59'54"E. TO A
POINT OF NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF
AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN
ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING N77 55'43'W.; THENCE
N.89'54'00'W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
145.71 FEET TO A POINT OF CURVE: THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY OF
AFORESAID GULF VIEW BOULEVARD BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN
ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD BEARING OF S.70-27'47"W. TO THE
POINT OF BEGINNING.
CONTAINS 6,256 SQUARE FEET (0.1438 ACRES), MORE OR LESS.
NOTES:
1. NO INSTRUMENTS OF RMORD REFLECTING EASEMENTS, RIGHT OF WAY AO/OR
LEGEND OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN.
2. THIS SKETCH DOES NOT REFLECT OR DETERMINE OWNERSHIP.
PL.S PRDFEWOWL IMO SMVEMR 3. USE OF THIS SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR WILL BE THE
LB UCEHSEn BIfSYM RE-USERS SOLE RISK WITHOUT LIABILITY TO THE SURVEYOR.
P
O PLAT IIFOWTION
II WOMOM
PO or OL 4. THE SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT
POB mImmi
PONT OF ?CN1MG MID IS SUBJECT TO EASEMENTS, NIGHTS-OF-WAY AND SIMILAR MATTERS OF TITLE.
5. MERIDIAN BASED ON THE NORTH BOUNDARY OF LOT 44 AS BEARING N90'D0'O0-E (P).
PREPARED FOR: III
lnm Related L3roup I I DATE: 1/19/09
DRAWING PARCEL-G & H Project No. 8021
Chocked By JAC Field Book
Drawn By JAC Paces
SUNCOAST LAND SURVEYING, Inc.
111 FOREST LAKES BOULEVARD
OLDSMAR. FLA. 34677
v 9DJNDARY - TOPOCRAPI#C - CM&IR1lCIM S7AKEOIfT
LB 4513 PRONE (813) 854-1342 FAX: (913) 855-8990
SURVEYM'S CERTIFICATE:
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