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PHILLIPS, Me FARLAND, GOULD to KORONES, p, A,
ATTORNEYS AT LAW
311 S, MISSOURI AVENUE
CLEARWATER, FLORIDA
LLOYD M, PHILLIPS
DONALD 0, MCFARLAND
NORRIS S, GOULD
N, DAVID KORONES
WILLIAM W. WILHELM
EDWIN F, BLANTON
JOHN S, WAGSTAFF
33516
TELEPHONE 442~6191
AREA CODE 813
March 2, 1972
City Commission,
City of Clearwater
Attention: Mr. Merritt R. Stierheim, City Mgr.
RE: Vacation of portion of Franklin Circle
Gentlemen:
This is to advise you on behalf of the owners of Lots 1, 11, 12 and
13, Block M, Hibiscus Gardens Subdivision, that we agree to the
following situations:
1. City will vacate that portion of Franklin Circle under discussion.
2. Owners of the aforesaid lots will complete the improvements in-
volved in the development of a parking area to the rear of their
business properties, including that vacated portion of Franklin
Circle and Lots 3, 4 and 5, Block K.
3. OWners will, upon completion of the aforesaid improvements and
the completion of their construction of building improvements, which
is to proceed as rapidly as possible and in conjunction with the
aforesaid parking area, arrange for the removal of parking under
their control on the Missouri Avenue portions of their property.
4. At such time as such parking is removed according to this letter,
the owners will execute a conveyance of that portion of the existing
Missouri Avenue right of way in front of their lots up to a width of
5 feet, except for that portion involved with the pylon of Bouchard
Insurance Company's building corner, at which point the conveyed
right of way will approximate 4 feet.
I trust this meets those questions raised in our earlier discussions.
However, in the event there should be additional matters to be dis-
cussed, I am sure you will find us most cooperative.
Very truly yours,
McF/em
PHILLIPS,MCFA~D,GOULD &
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P'MELLAS, -
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72073954
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O.R, 3810 P,~GE 325
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RESOLUTION
No. 72 .. 33
WHEREAS, it has been requested by Roger Bouchard, Marvin
Williams and Lloyd Phillips, the owners of certain real property in Hibiscus
Gardens Subdivision, in the City of Clearwater, Florida, that the City of
Clearwater, Florida, vacate a certain portion. of dedicated right of way known
as Franklin Circle SW; and
WHEREAS, said right of way is not necessary nor required and it
is deemed to be to the best interest and advantage of the City and the general
public that the same be vacated;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the following:
That portion of Franklin Circle S. W. lying between Block
"K" on the East and Block "M" on the West of Hibiscus Gardens
Subdivision as recorded in Plat Book 14, pages 55 through 59,
of the Public Records of Pinellas County, Florida, the Northern
and Southern limits of said vacation described as follows:
The Northern line--Start at the most Northerly corner of Lot
4, Block "M" of said Hibiscus Gardens and run Southeasterly
along the Northeasterly line of said Lot 4, 30. 70 feet to the
P. O. B.; thence, run S 460 31'381~. E, 36.80 feet to a Point of
Curve; thence along a curve to the left having a radius of
60 feet, arc length 107.47 feet, chord bearing S 85005'53"
E, chord length 97.67 feet to a point on the Westerly line of
Lot 4, Block "K" of said Subdivision a~dthe Point of Ending;
said Point being S 56026'33" W, 35.89 feet from the most
Northerly corner of said Lot 4, Block "K'I; AND
The Southern line-..Start at the Southwest corner of Lot 7,
Block '1M" of said Subdivision and run along the Southerly line
of said Lot 8, 60.63 feet to the P. O. B.; thence along a curve
to the right having a radius of 401. 67 feet, arc length 173. 86
feet, chord bearing S 85012'10" E, chord length 172.50 feet to
a Point of Reverse Curve; thence along a curve to the left
having a radius of 410.97 feet, arc length 60.53 feet, chord
bearing S 77000'21" E, chord length 60.48 feet to the Point
of Ending; said point being 14. 14 feet Easterly of the Southwest
corner and along the Southerly line of Lot 8, Block "K" of
said Subdivision.
It being the intent of this description to retain a 60 foot right
of way for Santa Rose (previously platted Court Street) and retain
60 feet of right of way for that portion of Franklin Circle along
the Southerly boundary of Block "Y" of said Hibiscus Gardens.
be and the same is hereby vacated, closed and released, and the City of
Clearwater hereby quit claims and releases all of its right, title and interest
thereto to the persons, firms or corporations entitled thereto by law.
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O.R.3810 page325
RETURN TO:
CITY CLERK
P. O. BOX 4743
CLEAR WATER, FLA. 33518
Reso.#72-33
72073954
T1,i,.-, instrUp.1P!lt \'.';l~ prepared by:
HE:I:l:~I~F~rr ~. . :-~' '." -'-. ;,~:::..; ~-\~torney
C~:y Gf C' .. i', ' . l~~, Dux "*748
Clearwater, i:-iorida 33;')l?
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2. That the City Clerk is hereby directed to record this Resolution
in the Public Records of Pinellas County, Fl<r ida.
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PASSED AND ADOPTED this 20th day of
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O.R.3810 page326
ResO.#72-33
3-20-72
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VBRBATIM
City Commission Meeting March 20, 1982 - ITEM #4
City Manager: The next item Mr. Mayor is the continued matter requesting vacation
of a portion of Franklin Circle. I'm very pleased to report that
Mr. McFarland has indicated that the vacation may be subject to the
full 5' dedication of Right-of-Way, irrespective of pylons and also
that when the parking facilities are constructed the parking will
be removed by the owners on Missouri. We would recommend to you
that you authorize the subject vacation subject to those
restrictions and Right-of-Way dedications.
Wachtler: So move.
City Attorney: It must be done by a Resolution 72-33. That Resolution 72-33 be
passed and adopted to be official and on the records.
Wachtler: So move.
Williams: Second.
Mayor: Motion made and seconded, Resolution 72-33 be passed and adopted
and proper officials be authorized to execute same.
I'd be happy to vote on that Mr. Mayor but I donlt seem to have
copies of anything as to what 11m giving away as vacation of City
property. I wish I knew.
City Attorney: Hand this to him.
Mayor, just a question. Are the ladies of the Y fully appraised
of whatls being done and are they satisfied?
City Manager:
Yes sir, I talked to Margeret Mitchner (?), and Mr. Keith Crawford
went to visit her personally.
How about the other neighbors around there, are they appraised of
it?
City Manager:
The City Attorney is preparing an ordinance providing for a Public
Hearing. Max, are there any other property owners around there
that will be affected? Besides the Women's Club, I mean, the YWCA.
Battle:
None that are immediately contiguous.
City Manager:
I don't really think that will be a problem.
(several talking at once)
City Manager:
They really stand to benefit. She thought the availability of
parking if they left the gates open, when they have an affair at
night, they've got nice parking right across the street.
What about that other street that goes east and west to the south
of there?
We can go look it over.
Mayor:
Alright - those in favor of the motion signify by saying Aye.
ALL:
Aye.
Mayor:
Those opposed?
NONE.
Mayor:
Motion carries.
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C I T Y
OF
CLEARWATER
POST OFFICE BOX 4748
CLEARWATER. FLORIDA 33518
April 5. 1914
CITY MANAGER
Mr. DoaaW o. McFarlaa4
Phillips, Me!' arlUld, Ciould II Korones
311 So. Wiaaour\ Ave.
Clea.rwater. Florida 33516
1,)"1' MI'. w.cFarlaACi:
la a..leUsr dateci Mal'cll J, 1971, you. reque.ted tlaat tile City
vacate a porti_ ei. Fraaklla Cird. for u.ae by YQQ.r firm. This
request was Brpteel .., .. City Commis.ioo - March 10. 197Z,
with the .aeretaD'" tha&,..... firm wO\lld ..emove parkin. from
th. Mi.eouri Avenue po.dOll of your property aDd cOQvey fiTe
le.' of yOU' property f. Mt.sOU'i i.Teaue rilllt-of-...,.
Ple.ee take appJ.'opriate actioa to remcwe parki. from the
Mi..eu.riAveau.e ript-of..way, and ex.cute a cODveyane. of
Uti. property to tae CitY'.
SiDeerely,
Michael J. Paroby
A.eistant City Mana.al'
For OperatiOll.
cc . Traffic Eap...er
City Clerk"""
City .....y
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TO:
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COPIES:
SUaJECT:
DATE:
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CITY OF CLEARWATER
'. .' Int rdepartment Correspondence Sheet
MI'. H. J. P.I'Q"",;,,:~,,~,,1!Ol~ Kana.el'
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R. G. Whlteh..d.,Clrty~l.~k
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Vacation.Fr.rocl1nCi~,1.., and Parkins Removal. Hi..oul'i Ave.
April.... 197-.
I believe'th.t th.'.~'~l;'t... will ,ive YQutbe intQra&-
tion YOUele.iN. ....f... "J have attaohed. h8"tO . .0PY
of a let. ~.I'. 4ate4j-~"".",".". ..',J2,~..,l.91.,:2,. fro. Donald "c. F...land.
Also. the" are. P~~.."'p'i;~~..,,. ot.' ,'.. portion of the minute. of
Karch a. 1972...d"D*h Ill. 19,72.
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Cltv OF CLEARWATER
J nterdepartment Correspondence Sheet
FROM:
TO: lvlr. R. G. Whitehead, City Clerk
COPIES:
SUBJECT:
DATE:
M. J. Paroby, Asst. City MM.
WI.'? if
Request for Transcription of Minutes
April 3, 1974
On March 20, 19$2 the City Commission addressed a request
(Item 4) for vacation of portion of Franklin Circle (McFarland,
et al.) The request was approved (Resolution 72-33). However,
there apparently was a commitment made to vacate a 5-foot
dedication of right-of-way on Missouri Avenue which is npw
used for back-out parking.
Please give me a transcription of this item so that I can
determine a proper course of action.
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PHILLIPS, Me FARLAND, GOULD ~ ICORONES, P. A,
A1TORNEYS AT LAW
311 S. MISSOURI AVENUE
CLEARWATER, FLORIDA
,LLOYD M. PHILLIPS
DONALD O. McFARLAND
NORRIS '). COULD
N. DAVID KORONES
WILLIAM W. WILHELM
EDWIN F, BLANTON
JOHN S. WAGSTAFF
33518
TELEPHONE 442~6191
AREA CODE 813
March 2, 1972
City Commission,
City of Clearwater
Attention: Mr. Merritt R. Stierheim, City Mgr.
" RE: Vacation of portion of Franklin Circle
Gentlemen:
This is to advise you on behalf of the owners of Lots 1, 11, 12 and
13, Block M, Hibiscus Gardens Subdivision, that we agree to the
following situations:
1. City will vacate that portion of Franklin Circle under discussion.
2. Owners of the aforesaid lots will complete the improvements in-
volved in the development of a parking area to the rear of their
business properties, including that vacated portion of Franklin
Circle and Lots 3, 4 and 5, Block K.
3. Owners will, upon completion of the aforesaid improvements and
the completion of their construction of .building improvements, which
is to proceed as rapidly as possible and in conjunction with the
aforesaid parking area, arrange for the removal of parking under
their control on the Missouri Avenue portions of their property.
4. At such time as such parking is removed according to this letter,
the owners will execute a conveyance of that portion of the existing
Missouri Avenue right of way in front of their lots up to a width of
5 feet, except for that portion involved with the pylon of Bouchard
Insurance Company's building corner, at which point the conveyed
right of way will approximate 4 feet.
I trust this meets those questions raised in our earlier discussions.
However, in the event there should be additional matters to be dis-
cussed, I am sure you will find us most cooperative.
Very truly yours,
McF/em
PHILLIPS,McFA~D,GOULD & KORONES, P.A.
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ambulance service and future proposals. He said the 3 services
operating at the present time duplicate communication equipment,
vehicle equipment and many other services and none of them are able
to be financially sound. He thought there was 3 methods of supplying
ambulance service: one - by private firms, two - private firm but
subsidized by gover~~ent and third - total government operation. He
strongly recommended that action be taken to provide unified ambulance
service. After lengthly discussion Commissioner Williams moved that
the proposal by Dr. Copenhaver be referred to the City Manager for
study. Motion was seconded by Commissioner \.Jachtler and carried
unanimously.
ITEH #6 - Sidewalk Program. The City Manager explained this Has
for sidewalks on an annual basis and presented a proposed priority list.
Corr~issioner Wachtler moved that the sidewalk program be approved as
presented by the City :1anager. Motion was seconded by Commissioner
Hall and carried unanimously,
ITEM #7 - Request for Purchase of Additional Rescue Truck. The
City Manager explained this request was for authorization for the City
to advertise for an additional rescue vehjcle to be assigned to Station
No. 4 until Station No. 5 is completed through funds from the bond
issue. Commissioner Williams moved that the authorization be approved.
Motion was seconded by Commissioner ~~achtler and carried unanimously.
ITEM #8 - Resolutions - Application for Federal Funds for Police
Microfilm and Closed Circuit Television Equipment. Resolutions were
presented as follows: #72-21 for closed circuit television equipment
and #72-22 for micro-film processing of all records within the Police
Dept. Commissioner Carwisemoved that Resolutions #72-21 and #72-22
be passed and adopted and the appropriate officials be authorized to
execute them. Motion was seconded by Commissioner wachtler and carried
unanimoUSly.
ITEM #9 - Resolution - Maintenance Agreement, Traffic Signals
Resolution #72-23 was presented for maintenance by the City of signals
at SR 60 at Haines Rd., SR"590 at Old Coachman Rd. and SR 55 at SR 590.
Commissioner Carwise moved that Resolution #72-23 be passed and adopted
and the appropriate officials be authorized to execute it. Motion
was seconded by Commissioner williams and carried unanimoUSly.
ITEM #10 - Request for Vacation of Street, Maryland Subd. - Agnew
The City Manager explained this was for vacation of right of way for
streets that are non-existant (Pine & Hichigan) with portions already
vacated, and dedication of certain drainage and sanitary sewer easements.
Commissioner Williams moved that Resolution #72-24 be passed and adopted
and the appropriate officials be authorized to execute it. Motion was
seconded by Commissioner Carwise and carried unanimOUSly.
,I ITEM #11 - Continued - Request for Vacation of Right of Way,
(Portion of Franklin Cirlce (Phillips, et al). The City Manager
., presented a letter from the applicant agreeing to certain things pro-
\ vided the City will vacate a portion of Franklin Ave. The items were:
I develop a parking area to the rear of the present property including
. the vacated portion of Franklin St. and Lots 3,4,5, Blk K. Hibiscus
Gardens; arrange for removal of parking under their control on !1issouri
Ave. portions of their property as rapidly as possible and after such
parking is removed convey to the City 5 ft. of their property for
Missouri Ave. right of way except at one point where only 4 ft. would
be conveyed due to a building pylon. After discussion the City I1anager
recommended deferring this item for more information.
ITEM #12 - Request for Occupational License for Used TV Sales &
Service, 1421 S. Betty Lane (Reavis). The City Manager reported that
the Police Chief had investigated this and felt there was no reason
to deny it. Commissioner Hall moved that the request for occupation:ll
license be. granted. 110tion was seconded by Commissioner \-lachtler and
carried unanimOUSly.
5.
3-6-72
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H & S with SC(B) zoning on tract (A); and B zoning on tract (B) and
Fire District No. 1 classification be approved and the City Attorney
be instructed to include this in an ordinance to be brought back to
this Commission for approval as soon as possible with the agreement
stating the terms outlined waiving damages and setting the criteria
for the appraisal. Motion was seconded by Commissioner Williams
and carried unanimously.
c. Lots 23 and 26, Terra Alto Estates, with R-lD (single
family) zoning and Fire District No. 2 classification.
- Better Builders.
The City Manager explained that the applicant did not appear at
the Planning & Zoning Board hearing, therefore they recommended
denial without prejudice. Commissioner Wachtler moved that the
request be denied without prejudice. Motion was seconded by
Commissioner Williams and carried unanimously.
ITEM #4 - Continued - Request for Vacation of Portion of Franklin
Circle (McFarland, et al). The City Manager reported that Donald
~cFarland, attorney for the applicant, has indicated that the vacation
/may be subject to the full 5 ft. dedication of right of way for Missouri
,I Ave. and when the parking facilities on vacated Franklin Circle are
! ;1 constructed parking will be removed by the owner on Missouri Ave.
\( He recommended authorizing vacation. Commissioner Wachtler moved
that Resolution #72-33 be passed and adopted and the appropriate
officials be authorized to execute it. Motion was seconded by
Commissioner Williams and carried unanimously.
ITEM #5 - Acceptance of Plats - Woodvalley, Units #2 and #3
(LaMonte Shimberg Corp.) The City Manager presented the plats and
recommended approval. Commissioner Wachtler moved that the plats
be accepted and the proper officials be authorized to execute them.
Motion was seconded by Commissioner Williams and carried unanimously.
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ITEM #6 - Request for Dock Permit (Bie). The City Manager reCom-
mended that the request be referred to the Marine Advisory Committee.
Mrs. Olson, representing Mr. Bie, asked that the request be continued
until a... further date. Commissioner Williams moved that this item be
continued until April 17th on request of Mr. Bie. Motion was seconded
by Commissioner Wachtler and carried unanimously.
ITEM #7 - National Electric Code - 1971 Edition - Adopting.
Commissioner Hall moved that Ordinance #1370 be read and considered
by title only on the first reading by the unanimous consent of the
Commission. Motion was seconded by Commissioner Wachtler and carried
unanimously. The Ordinance was read by title only. Commissioner
Hall moved that Ordinance #1370 be passed on its first reading.
Motion was seconded by Commissioner Wachtler and carried unanimously.
Commissioner Hall moved that Ordinance #1370 be read and considered
on second and final reading by title only at this meeting of the
Commission. Motion was seconded by Commissioner Wachtler and carried
unanimously. The Ordinance was read by title only. Commissioner Hall
moved that Ordinance #1370 be passed on its second and final reading
and adopted and that the appropriate officials of the City be authorized
to execute it. Motion was seconded by Commissioner Wachtler. Upon the
vote being taken Commissioners Wachtler, Hall and Mayor Hougen voted
"aye". Commissioner Williams voted "no". Commissioner Carwise absent.
Motion carried.
7 .
3-20-72
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