8350-12ORDINANCE NO. 8350-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A PORTION OF A 20-FOOT
DRAINAGE AND UTILITY EASEMENT LYING ON A
PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 29
SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA,
AND BEING A PORTION OF LOT 9, BRENTWOOD
ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28
OF THE PUBLIC RECORDS OF SAID PINELLAS
COUNTY, FLORIDA, SUBJECT TO CONDITIONS;
PROVIDING AN EFFECTIVE DATE.
voz��
� A��W
� cm,n��
.� N
O�N�m
���GC)
A.iooZr
n�rn��
�
°��vo�o
oc��aT
z' N�n
��N°vc
.vW' o�o a �
o w
�
�
�
WHEREAS, Cay 1475, LLC, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and,
WHEREAS, the City Council finds that said easement 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 following:
A parcel of land lying Section 2, Township 29 South, Range 15 East, Pinellas County
Florida, and being a portion of Lot 9, Brentwood Estates, as recorded in Plat book 59,
Page 28 of the public records of said Pinellas County, Florida, said parcel being more
particularly described as follows:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
THENCE ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE
SOUTHWEST 1/4, S 00°07'42" E, 50.00 FEET; THENCE PARALLEL TO THE EAST-
WEST CENTER LINE OF SAID SECTION 2, N 89°29'42" W, 50.00 FEET TO A POINT
ON THE WEST RIGHT OF WAY LINE OF HIGHLAND AVENUE; THENCE ALONG
SAID WEST RIGHT OF WAY LINE, S 00°10'33" E, 250.00 FEET; THENCE
DEPARTING SAID WEST RIGHT OF WAY LINE, N 89°29'42" W, 160.41 FEET TO A
POINT LYING 10.00 FEET EAST OF THE EAST LINE OF LOTS 8& 9 OF SAID
BRENTWOOD ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG A LINE
10.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID LOTS 8& 9
OF SAID BRENTWOOD ESTATES, N 00°08'30" E, 32.58 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED AREA; THENCE DEPARTING SAID LINE
LYING 10.00 FEET EAST OF THE EAST LINE OF SAID LOTS 8& 9, N 57°04'58" W,
23.79 FEET TO A POINT LYING 10.00 FEET WEST OF THE EAST LINE OF LOT 9
OF SAID BRENTWOOD ESTATES; THENCE ALONG A LINE 10.00 FEET WEST OF
AND PARALLEL WITH THE EAST LINE OF SAID LOT 9, N 00°08'30" E, 26.67 FEET;
THENCE ALONG A LINE BEING 10.00 FEET SOUTH OF AND PARALLEL WITH THE
NORTH LINE OF SAID LOT 9, N 89°24'23" W, 41.94 FEET; THENCE DEPARTING
Ordinance No.8350 -12
SAID LINE, N 57°04'S8" W, 37.40 FEET TO A POINT BEING 10.00 FEET NORTH QF
THE NORTH LINE OF SAID LOT 9; THENCE ALONG A LINE BEING 10.00 FEET
NORTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 9, S 89°24'23" E,
93.39 FEET; THENCE ALONG A LINE BEING 10.00 FEET EASTERLY OF THE EAST
LINE OF LOTS 8& 9 OF BRENTWOOD ESTATES AND ITS NORTHERLY
PROJECTION THEREOF, S 00°08'30" W, 59.39 FEET TO THE POINT OF
BEGINNING, SAID PARCEL CONTAINING 2213.9 S.F., MORE OR LESS,
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude, as
described above, to the owner of the servient estate thereto subject to the following
conditions:
1. Applicant shall deed to the City of Clearwater a new 20-foot drainage and utility
easement, acceptable to the City at the City's sole discretion; and
2. Applicant shall relocate the existing sanitary sewer line to the new easement at the
applicant's sole cost and in accordance with the City's specifications and
standards; and
3. The applicant shall reimburse the Clearwater Gas System for all costs incurred by
relocating the existing gas line; and
4. This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met within one (1) year of the date of adoption of this ordinance.
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
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Camilo A. Soto
Assistant City Attorney
July 19, 2012
Auqust 2, 2012
— �� ��� � �r L���OS
George N. Cretekos
Mayor
Attest:
,� iLdk �'K. Ct.� cc
Rosemarie Call
City Clerk
�-,
THf /�i��
_ v/ L
��'o�
%
Ordinance No.8350 -12
s£rnoN v2, Tuwwsr�rn 2� suvr�, n,aNC� �s �asr
pnv�uas cuvwrv, �LUnroa
t£GAL DESCRiI'T10N:
THE DESCRIPTION HEREIN DESCRIBED IS FOR THE PURPOSE OF VACATING EXISTING UTILITY
EASEMENTS WITHIN THE FOLLOWING DESCRIBED AREA:
A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
PINELLAS COUNTY, FLORIDA, AND BEING A PORTlON OF LOT 9, BRENTWOOD ESTATES, AS
RECORDED IN PLAT BOOK 59, PAGE 28 OF THE PUBLIC RECORDS OF SAID PINELLAS
COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 2, TOWNSHIP 29 SOUTN, RANGE 15 EAST, THENCE ALONG THE
EAST LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4, S 00'07'42" E„ 50.00
FEET; THENCE PARALLEL TO THE EAST—WEST CENTER LINE OF SAID SECTION 2, N
89'29'42" W, 50.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF HIGHLAND
AVENUE; THENCE ALONG SAID WEST RIGHT OF WAY LINE, S 00'10'33" E, 250.00 FEET;
THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, N 89'29'42" W, 160.41 FEET TO A
POINT LYING 10.00 FEET EAST OF THE EAST LINE OF LOTS 8& 9 OF SAID BRENTWOOD
ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA; THENCE ALONG A LINE 10.00 FEET EAST OF AND PARALLEL
WITH THE EAST LINE OF SAID LOTS 8& 9 OF SAlD BRENTWOOD ESTATES, N 00'OS'30" E,
32.58 FEET TO THE PDINT OF BEGINNING OF THE HEREIN DESCRIBED AREA; THENCE
DEPARTING SAID LINE LYING 10.00 FEET EAST OF THE EAST LINE OF SAID LOTS 8& 9,
N 57'04'S8" W, 23.79 FEET TO A POINT LYING 10.00 FEET WEST OF THE EAST LINE OF
LOT 9 OF SAID BRENTWOOD ESTATES; THENCE ALONG A LINE 10.00 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF SAID LOT 9, N 00'08'30" E, 26.67 FEET,• THENCE
ALONG A LINE BEING 10.00 FEET SOUTH OF AND PARALLEL WITH THE NORTN LINE OF
SAID LOT 9, N 89'24'23" W, 41.94 FEET; THENCE DEPARTING SAID LINE, N 57'04'S8" W,
37.40 FEET TO A POINT BEING 10.00 FEEf NORTH OF THE NORTH LINE OF SAID LOT 9;
THENCE ALONG A LINE BEING 10.00 FEET NORTH OF AND PARALLEL WITH THE NORTH
LINE OF SAID LOT 9> S 89'24'23° E, 93.39 FEE(; THENCE ALONG A LINE BEING 10.00
FEET EASTERLY OF THE EAST LINE OF LOTS 8& 9 OF BRENTWOOD ESTATES AND ITS
NORTHERLY PROJECTION THEREOF, S 00'08'30" W, 59.39 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 2213.9 S.F., MORE OR LESS.
SCALE: 1 "=40'
DRAWN BY: ABT
DWG. No.1101-100-04B
PROJ. No.1101-100-04
£AS£M£NT VACATION
SUNSET &� HIGHLAND
EXHIBIT "A"
PAGE 1 OF 2
LEGAL/SKEfCH ONLY
—THIS IS NOT A BOUNDARY SURVEY—
£�' T R£M f S(/ A Yf YiN G c� F� 1![ il ? 1 D. 41l ✓ C.
LBNO. 7415
29340 RH�IN PUC£
WESLEY CHAPE4 iiOR�DA 33545
' PH. (813) 973-209?
EMoA: dexOrxtremrs�rwying.com
T'RJiiS51JNAt5VRVfY►NGANDMAPMNGS£RVICfS /
S�CTIDN v2, TOWNSI-!ii' 29 SOVTI-t,1tANG� ts £AST pppVT c}F COM/N£NC£M£NT
� P1N£LLAS CC�VNTY, �LORiDA _ . _ , _ , , _ . _ .N�., �ORNER OF THE �
rq N. W. 1 %�0�. l� 1 � . _ ' _ ' _
•. SEC. 2-29-15 •
E.-W. CENTERLINE OF SECTION 2 r�
�
r���,�
! ; �
! i �
i . o
i �
PLATTED 10' DRAINAGE & UTILITY EASEMENT I I � 3
� � �►' ° z
1•�' D. &U _EASEMENT PER O. R. 1807, PAGE 236 ( i ,�Z, ¢ o
10.0' �9 L10 � • � 3 w
— — � Q� z
N. ORNER OF LOT 9�) p p -'
-----�—�--- L8 '_'_'_'_'—'—•,yr ,Z = W
OT j 0 RNER OF � � I I�'' ��
\ � I j
\'\ J , ( * o
'� I ' �
LOT� �.\ � �6 P.O.B. I
'� I I . �z
BR�NTWAOD �STAT£S � � N I 3
P B Lc�T �v� � w �
N.E. CORNER OF LOT � L I Q •�
i �1�.�
I �a — — L4 _._.��
� � ' � � • V— -
. � , �
PLATTED 10' DR,4INAGE & UTILITY EASEMENT ��I �
i
I � � LINE BEARING DISTANCE
ao i o L1 S 00'07'42" E 50.00'
o� i W L2 N 89'29'42" W 50.00'
� �� L3 S 00' 10'33° E 250.00'
�� � F- L4 N 89'29'42° W 160.41'
� W L5 N 00'08'30" E 32.58'
zi � L6 N 57'04'58" W 23.79'
-' � L7 N 00'08'30" E 26.67'
�i L8 N 89'24'23" W 41.94'
� L9 N 57'04'S8" W 37.40'
Sl/RV£YDR'S Nc�T£S: �p L10 S 89'24'23" E 93.39'
1) THIS IS NOT A BOUNDARY SURVEY. THIS IS A LEGAL AND SKETCH L11 S 00'08'30" W 59.39'
ONLY.
2) BEARINGS REFERENCED TO THE SOUTH LINE OF SUNSET POINT ROAD L�G�ND
AS BEING S 89'29'42" E, PER DEED. ALL CALLS ON THIS LEGAL BASED PG. = PAGE
UPON FIELD BOUNDARY SURVEY PREPARED BY THIS FIRM IN 2011. P.B. = PLAT BOOK
P.O.C. = POINT OF COMMENCEMENT
3) THIS SURVEY NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL P.O.B. = POINT OF BEGINNING
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. D.R. = OFFICIAL RECORD BOOK
F.P.C. = FLORIDA POWER CORP.
Date Signed: D&U - DRAINAGE & UTILITY
Alex B. Thompson Jr., P.L.S.
Stote of Florida No. 5318
Registered Land Surveyor and Mapper
SCALE: 1 "=40'
DRAWN BY: ABT �A.S�M�NT VACATION
�wc. No.>>o�—�oo—o4e SUNSET & HIGHLAND
PROJ. No.1 101-100-04
PAGE 2 OF 2
LEGAL/SKETCH ONLY
-THIS IS NOT A BOUNOARY SURVEY-
£XT R�M� S(/R V� Yl 'N G O P l� Z c 7 R 1 D. 4.1 NC.
LBhb 7425
29340 RHQDIN PLACE
N£SLEY CHAPE4 FLA4�DA 335�5
PH. (813) 973-2092
EMai7: o/exOe.rbeme-sun�eying.com
PRJFf55tJNAL SVRVfYMG AND MAPPING SER VICfS