8041-09
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KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200906423603/13/2009 at 01:02 PM
OFF REC BK: 16522 PG: 809-811
DocType:GOV RECORDING: $27.00
ORDINANCE NO. 8041-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 7371-05 AS
AMENDED BY ORDINANCE NO. 7598-06 AND
ORDINANCE NO. 7948-08, WHICH VACATED A PORTION
OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE,
(AK.A FIRST STREET PER FIELD), SUBJECT TO
SPECIAL CONDITIONS TO AMEND THE SPECIAL
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, in Ordinance No. 7371-05, the City of Clearwater vacated the right-of-
way depicted in Exhibit A attached hereto, subject to certain conditions; and
WHEREAS, Ordinance No. 7371-05 was amended by Ordinance No. 7598-06 to
extend the date for commencement of vertical construction to March 3, 2008, and
subsequently amended by Ordinance No. 7948-08 to extend the date for vertical
construction to March 3, 2010; 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. That Section 1 of Ordinance No. 7371-05 is hereby amended to read
as follows:
The following:
Vacate a portion of the 60-foot right-of-way of First Avenue, (AK.A First Street per
field), the plat of L1oyd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public records of Pinellas County, Florida), more particularly
described as: From the southwest corner of Lot 55, L1oyd-White-Skinner
Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of
Pinellas County, Florida, run thence N05032'30"E along the easterly right of way
line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the
Point of Beginning, said point also being the northwest corner of Lot 48 of said
L1oyd-White-Skinner Subdivision, thence N05032'30"E 60.00 feet to the southwest
corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S84027'30"E along the
northerly right of way line of First Avenue, L1oyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05032'30"W along a line 18 feet west of and
parallel with the westerly right of way line of Coronado Avenue as shown on the
Ordinance No. 8041-09
plat of L1oyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84027'30"W along said southerly
right of way line a distance of 192.00 feet to the Point of Beginning, subject to the
following conditions:
1) The project described within the Development Agreement between the
City of Clearwater and K and P Clearwater Estate, LLC adopted by
Resolution 04-39 and as thereafter amended by Resolution 08-14, (the
"Development Agreement") shall commence vertical construction by no
later than February 11. 2012 March 3, 2010.
2) All public and private utilities shall be relocated the Developer 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) This vacation shall become effective only after the Developer grants the
60-foot right of way for Relocated First Street to the City as provided in
the Development Agreement.
4) Payment by the Developer of the cost of construction of the relocated
First Street or the posting of security sufficient to guarantee construction
of the relocated First Street as provided 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, 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
March 5, 2009
,~ ?(.~
Frank V. Hibbard
Mayor
M~Z as to fonn
amela K. Akin
City Attorney
.!1l Cynt
IT City
2
Ordinance No. 8041-09
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EXHIBIT "A"
SCALE 1"=100'
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COLUMBIA SUB. 1 A
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Vacation Requested
By Applicant
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City of Clearwater, Florida
Public Works Administration/Engineering
110;:04 K and P Clearwater Estate, LLC V~~~O::02
Drawn By Sheet
S.K. 2012
Check<</ By Vacate Part Of First Street S..-Twn-Rng
$.0. OB-29S-1SE
GRID'. ardln,net
278A 7371-CS