8363-12ORDINANCE NO. 8363-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THAT CERTAIN PORTION OF THE
17' ALLEY LYING SOUTH OF LOT 7, AND THE WEST
41.34' OF LOT 6, BLOCK B; AND VACATING THAT
CERTAIN PORTION OF 28' ALLEY LYING WEST OF LOTS
21, 22, AND 23 OF BLOCK B, BOTH PROPERTIES BEING
DESCRIBED IN THE PLAT TITLED "J.R. DAVEY, ET. AL.
RESUBDIVISION" LOCATED IN PLAT BOOK 1 PAGE 87 OF
THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY,
FL, OF WHICH PINELLAS COUNTY WAS FORMERLY A
PART; SUBJECT TO CERTAIN CONDITIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida, finds it necessary to vacate the rights-
of-way described herein and depicted in Exhibit "A" and Exhibit "B," attached hereto,
subject to conditions as further described below; and
WHEREAS, the City of Clearwater (the City), Florida Power Corporation d/b/a
Progress Energy, Inc. (Progress Energy), Knology Broadband of Florida, Inc. (Knology),
Bright House Nefinrorks (Bright House) and Verizon Florida, LLC (Verizon) each have
utili#ies lying within the area described in Exhibit "A;" and
WHEREAS, the City desires Pinellas County (the County), owner of real property
adjacent to the rights-of-way described in Exhibits "A" and "B," attached hereto, to grant an
easement over a portion of its property for use as a public right-of-way under the
jurisdiction of the City of Clearwater and for the installation, maintenance and use of public
and private utilities within said easement; and
WHEREAS, the City, Progress Energy and Knology each have underground utility
infrastructure within the area described in Exhibit "B" and desire an easement over the
described area for the continued use, maintenance, repair and replacement of said
infrastructure; and
WHEREAS, the County is the owner of the southern half of the certain property
depicted in Exhibit "A," attached hereto, and the City requests that County transfer that
portion of the property to the City, whereby the City shall own fee title to that portion of
the property; and
WHEREAS, the City Council finds that said rights-of-way described herein and
depicted in Exhibits "A" and "B," attached hereto, are not necessary for use as public
rights-of-way, thus should be vacated, as these actions are in the best interest of the City
and the general public; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The followinc KEN BURKE, CLERK OF COUR'i
N�Si# 2012 Od204 0� �01�2 at 09:19 AM fL
� 17754 PG: 1270-1275
OFF REC BK:
p�Type:GOV RECORDING: 552.50 �dinance No. 8363-12
ORDINANCE NO. 8363-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THAT CERTAIN PORTION OF THE
17' ALLEY LYING SOUTH OF . LOT 7, AND THE WEST
41.34' OF LOT 6, BLOCK B; AND VACATING THAT
CERTAIN PORTION OF 28' ALLEY LYING WEST OF LOTS
21, 22, AND 23 OF BLOCK B, BOTH PROPERTIES BEING
DESCRIBED IN THE PLAT TITLED "J.R. DAVEY, ET. AL.
RESUBDIVISION" LOCATED IN PLAT BOOK 1 PAGE 87 OF
THE PUBUC RECORDS OF HILLSBOROUGH COUNTY,
FL, OF WHICH PINELLAS COUNTY WAS FORMERLY A
PART; SUBJECT TO CERTAIN CONDITIONS; PROVIDtNG
AN EFFECTiVE DATE.
WHEREAS, the City of Clearwater, Florida, finds it necessary to vacate the rights-
of-way described herein and depicted in Exhibit "A" and Exhibit °B," attached hereto,
subject to conditions as further described below; and
WHEREAS, the City of Clearwater (the City), Florida Power Corporation d/b/a
Progress Energy, Inc. (Progress Energy), Knology Broadband of Florida, Inc. (Knology},
Bright House Nefinrorks (Bright House) and Verizon Florida, LLC (Verizon) each have
utilities lying within the area described in Exhibit "A;" and
WHEREAS, the City desires Pinellas County (the County), owner of real property
adjacent to the rights-of-way described in Exhibits "A" and uB," attached hereto, to grant an
easement over a portion of its property for use as a public right-of-way under the
jurisdiction of the City of Clearwater and for the installation, maintenance and use of public
and private utilities within said easement; and
WHEREAS, the City, Progress Energy and Knology each have underground utility
infrastructure within the area described in Exhibit "B" and desire an easement over the
described area for the continued use, maintenance, repair and replacement of said
infrastructure; and
WHEREAS, the
depicted in Exhibit "A,"
portion of the property
the property; and
County is the owner of the southem ha� of the certain property
attached hereto, and the City requests that County transfer that
to the City, whereby the City shall own fee title to that portion of
WHEREAS, the City Council finds that said rights-of-way described herein and
depicted in Exhibits "A" and "B," attached hereto, are not necessary for use as public
rights-of-way, thus should be vacated, as these actions are in the best interest of the City
and the general public; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
Ordinance No. 8363-12
THOSE CERTAIN PORTIONS OF THE 17' ALLEY LYING SOUTH OF LOT 7, AND THE
WEST 41.34' OF LOT 6, BLOCK B, AND THE 28' ALLEY LYING WEST OF LOTS 21,
22, AND 23 OF BLOCK B, BOTH PROPERTIES BEING DESCRIBED IN THE PLAT
TITLED "JOHN R. DAVEY, ET. AL. RESUBDIVISION" LOCATED IN PLAT BOOK 1,
PAGE 87 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FL OF WHICH
PINELLAS COUNTY WAS FORMALLY A PART
are hereby vacated, and the Cit�r of Clearwater releases all of its right, title and interest
thereto, contingent upon the following conditions:
The City retains a utility easement for the continued use, maintenance, repair, and
replacement of existing utility infrastructure by the City of Clearwater, and Progress
Energy and Knology, respectively, shall retain a utility easement, over the following
described property also depicted in Exhibit "B," consistent with any vested rights
of occupation in existence at the Effective Date of this ordinance, including any
rights vested under any valid franchise agreement betweer� each party and the
City:
THAT CERTAIN PORTION OF 28' ALLEY LYING WEST OF LOTS 21, 22, AND 23 OF
BLOCK B, PROPERTIES DESCRIBED IN THE PLAT TITLED "JOHN R. DAVEY, ET.
AL. RESUBDIVISION" LOCATED IN PLAT BOOK 1, PAGE 87 OF THE PUBLIC
RECORDS OF HILLSBOROUGH COUNTY, FL, OF WHICH PINELLAS COUNTY WAS
FORMALLY A PART;
2. The County shall grant to the City a non-exclusive easement (the New Easement)
over adjacent property currently owned by the County and depicted in Exhibit "C"
for use as a public right-of-way to be maintained by the City, and the New
Easement will also be used for the installation, use, maintenance, repair and
replacement of utility infrastructure by the City, Progress Energy, Knology, Bright
House, and Verizon. The New Easement is subject to acceptance by the
Clearwater City Council at a duly constituted City Council meeting and shall be
recorded as O�cial Record with the Pinellas County Clerk of the Circuit Court;
3. All private and public utility infrastructure, as may be necessary will be relocated
from the area described in Exhibit "A" to the New Easement at no cost to the
private utility providers. With respect to Progress Energy's distribution line within
the area described in Exhibit "A," the City may relocate the line to the New
Easement or may construct improvements in the current location of the line,
providing for continued functionalit�r of the line. If the City chooses to leave the line
in its current location, the City shall grant an easement to Progress Energy
allowing for Progress Energy's continued use, maintenance, repair and
replacement of the line which shall not interfere with any City improvements to be
constructed within the described area;
4. The City shall request, and the County shall convey to the City, via quitclaim deed,
all right, title and interest to the following described property also depicted in
Exhibit °A," attached hereto:
THE SOUTHERN HALF OF THAT CERTAIN PORTION OF THE 17' ALLEY LYING
SOUTH OF LOT 7, AND THE WEST 41.34' OF LOT 6, BLOCK B, PROPERTIES
DESCRIBED IN THE PLAT TITLED "J.R. DAVEY, ET. AL. RESUBDIVISION" LOCATED
Ordinance No. 8363-12
IN PLAT BOOK 1 PAGE 87 OF THE PUBLIC RECORDS OF HILLSBOROUGH
COUNTY, FL, OF WHICH PtNELLAS COUNTY WAS FORMALLY A PART
Section 2. In exchange for the County's performance of all conditions as set forth
herein, the City shall modify the parking lots adjacent to the property described herein for
the purpose of providing the County a number of parking spaces equal to the aggregate
number of parking spaces that existed prior to the adoption of this ordinance. Said
mod�cations to the parking lots shall be subject to approval by Pinellas County, owner of
said lots, and such approval shall not be unreasonably withheld.
Section 3. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 4. This ordinance shall take effect immediately upon adoption.
Assistant City Attorney
PASSED ON FiRST READING
September 20, 2012
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 4, 2012
— �eAr�� �tt�t,�t �o!
George N. Cretekos
Mayor
Attest: yG�`�F THf C/��
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C q,�Q'Q- /� ��, � 6
Rosemarie Call v- j/ C
City Clerk ��_ � �
Ordinance No. 8363-12
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Legal Description:
Clevetand Street
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Et. Al. Resubdivision
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Book 1, Page 87
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17' Alley Way Vacation described as follows:
The portion of the 17' alley lying South of
Lot 7, and the west 4134' of Lot 6, Block B,
properties described in the plat titled
"J.R. DAVEY,ET. AL. RESUBDIVISION" located
in Plat Book 1, Page 87 of the Public Records of
Hillsborough County, FL, of which Pinellas County
was formerly a part.
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Legal Description:
28' Alley Vacation described as follows:
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The 28' alley lying West of Lots 21, 22 and 23 of Block B, properties described in the plat titled
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Hillsborough County, FL, of which Pinellas County was formerly a part.
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Legal Description:
12' Right-of-Way Easement described as follows:
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The North 12' of Lot 8 of Block B, a property described in the plat titled "JOHN R. DAVEY, ET. AL.
RESUBDMSION" located in Plat Book 1, Page 87 of the Public Records of Hillsborough County, FL,
of which Pinellas County was formerly a part.
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