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8221-10ORDINANCE NO. 8221-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CONDITIONALLY VACATING A RIGHT-OF-WAY EASEMENT PORTION DESCRIBED AS THE EAST 10 FEET OF THE WEST 20 FEET OF LOTS 4 THROUGH 7 INCLUSIVE AND THE EAST 10 FEET OF THE WEST 20 FEET OF THE NORTH 20.7 FEET OF LOT 8, ALL IN F.A. KENNEDY'S FAIR LANE ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, SP Country Club Homes, 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 right-of-way easement described as the following: the east 10 feet of the west 20 feet of Lots 4 through 7, inclusive, and the east 10 feet of the west 20 feet of the north 20.7 feet of Lot 8, all in F.A. Kennedy's Fair Lane Addition, according to the map or plat thereof, as recorded in Plat Book 11, Page 16 of the Public Records of Pinellas County, Florida is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, subject to the following condition: The project known as Country Club Townhomes shall be completed on or before October 7, 2012, upon completion of the construction, which shall be evidenced by the issuance of a temporary or permanent certificate of occupancy; otherwise, this vacation shall be rendered null and void, and the City of Clearwater shall retain all right, title, and interest to the subject right-of-way. 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. KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2010288749 10!121 0`10 321418 PM OFF REC BK: 17057 PG: 21 DOCType:GOV RECORDING: S Ordinance No.8221 -10 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED September 22, 2010 Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk oF Ordinance No.8221 -10 Camilo A. Soto Assistant City Attorney