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8339-12ORDINANCE NO. 8339-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING ORDINANCE NO. 7650-06, WHICH VACATED, WITH CONDITIONS, THE FIVE-FOOT UTILITY EASEMENT LYING ALONG THE SOUTH PROPERTY LINE OF LOT 1 AND THE WEST 22.71 FEET OF LOT 2, SUNNYDALE SUBDIVISION AND VACATED THE TEN- FOOT ALLEY LYING ADJACENT TO THE NORTH PROPERTY LINES OF LOTS 2, 6, 7 AND THE WEST FIFTEEN FEET OF LOT 8, SUNSET POINT REPLAT, BECAUSE CONDITIONS WERE NOT MET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Ordinance No. 7650-06 effective July 20, 2006, which vacated a utility easement and alley depicted in Exhibit A attached hereto at the request of Robel Bayview, L.L.C; and, WHEREAS, Ordinance 7650-06 expressly states that if certain conditions are not satisfied, then the ordinance will be null and void in all respects as though never adopted; and, WHEREAS, conditions required by Ordinance 7650-06 have not been satisfied and the time period allotted for the satisfaction of said conditions has expired; thus, it is necessary to rescind Ordinance No. 7650-12; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Ordinance No. 7650-06 vacated the following: A 5-foot utility easement lying along the south property line of Lot 1 and the west 22.71 feet of Lot 2, Sunnydale Subdivsion as recorded in Plat Book 3, Page 12 of the Official Records of Pinellas County, Florida and vacate the 10-foot alley lying adjacent to the north property lines of Lot 2, 6, 7 and the west 15 feet of Lot 8, Sunset Point Replat as recorded in Plat Book 4, Page 56, Official Records of Pinellas County, Florida, subject to the following conditions. Deeding to the City of Clearwater a new 15-foot utility easement over the west 15 feet of Lot 8 of said Sunset Point Replat, relocate, at the applicant's sole cost, the existing sanitary sewer line within six (6) months of the date of adoption of the vacation and submit to the City Engineer proof that all other existing utilities lying within the easement and alley portions to be vacated have been relocated to the satisfaction of the owners of said utilities and at the sole expense of said applicant. If this condition is not met within one (1) year of the date of approval of this ordinance, this ordinance will thereafter be null and void in all respects as though never adopted. KEIV BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA lNST# 2012274788 07f25/20l2 at 04:09 PM OFF REC BK: 17660 PG: 551553 Ordinance No. 8339-12 DocType:GOV RECORDING: $27.00 Section 2. The vacation applicant, Robel Bayview, L.L.C., did not satisfy the conditions required by ordinance 7650-06. Section 4. Ordinance 7650-06 is hereby rescinded and shall be of no further force and effect. Section 5. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Camilo A. Soto Assistant City Attorney June 20, 2012 July 19, 2012 -^ �?�Of�t n ����,�j f George N. Cretekos Mayor Attest: �'�' J,�-1��.CC� � ��c Rosemarie Call City Clerk • y � .� � i�/ M }�'�# `�:�. �. t' . � � 2 Ordinance No. 8339-12 o N City of Clearwater ���`; �'�]"ater W E Engineering Department � The 5-ft. utility easement lying along south property lines of Lot 1, and the U N s west 22.71 feet of Lot 2, Sunnydale and the 10-ft. alley adjacent to the North property lines of Lots 2,6 and 7 and the West 15 feet of Lot 8, Sunset Point Replat. New 15-ft. utility eastment described as the West 15' of lot 8 Sunset Point Replat. Ordinance 8339-12 Drawn sy: B,,J,R, Reviewed By: T,M, sca�e: 1" = 200 ft DWG. NO 2012-07 Grid # 251 A s- r- R 03-29s-15e �ate: 04/12/12