8383-13ORDINANCE NO. 8383-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THAT CERTAIN 40-FOOT PLATTED
RIGHT-OF-WAY, ABUTTING AND LYING EAST OF LOTS 4,
5, 6, 14, 15, 16, 17 AND 18, DEDICATED AND DESCRIBED
IN THE PLAT TITLED "ELYSIUM — PHASE 1" AS
RECORDED IN PLAT BOOK 93, PAGES 41-46, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, SUBJECT
TO CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Rhonda B. Harms; Karsten Jacoby; Thomas G. and Karen L. Hackett;;
Phyllis D. Perron; Kerry B. Meyer; Laura D. Irion; Kevin E. Dunbar; and Mark A. and
Deeann Kerrutt owners of real property located in the City of Clearwater (the "City"}, havE
collectively requested that the City vacate the right-of-way depicted in Exhibit "A" attached
hereto and by this reference made a part hereof; 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 following:
That certain 40-foot platted right-of-way, abutting and lying East of Lots 4, 5, 6, 14, 15, 16,
17 and 18, dedicated and described in the plat titled "Elysium — Phase 1" as recorded in
Plat Book 93, Pages 41-46, of the public records of Pinellas County, Florida, being mor�
particularly described in Exhibit "A," attached hereto and incorporated by reference
hereof, is hereby vacated, closed and released, and the City releases all of its right, title
and interest thereto, contingent upon the following conditions:
The City hereby retains a drainage and utility easement over the described
property for the installation and maintenance of any and all utilities thereon
by the City of Clearwater, Bright House and/or Knology consistent with any
vested rights of occupation in existence on the Effective Date of this
ordinance, including any rights vested under any valid franchise agreement
befinreen each private utility and the City; and
2. All property owners abutting the west boundary of the right-of-way vacated
hereby shall individually grant Progress Energy distribution easements, the
location and terms of which are acceptable to Progress Energy.
Collectively, Progress Energy's easement rights shall encompass the
property described herein. This vacation ordinance shall be null and void if
this condition is not met within forty-five (45) calendar days from the
adoption of this ordinance.
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OFF REC BK: 17978 PG: 2171-2173 Ordinance No. 8383-13
DocType:GOV RECORDING: $27.00
Section 2. The City Clerk shall record this ordinance in the public records ofi
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
Assistant City Attorney
.� , �
April 18, 2013
� PAh,C�1C�l�i�S
�
George N. Cretokos
Mayor
Attest:
Ordinance No. 8383-1:3
s�oie > " _ �oo'
This is not o su�vey
Lot 15
Lot 14
Lot 13
ELYSIUM- PHASE 1
Plat Book 93, Page 45
Lot 6
Lot 4
Legal Description
/
Lot 5
\
EXHIBIT "A"
33/11
UNION STREET
A Right-of-Way vacation described as follows:
NORTH
The 40' platted right-of-way, abutting and lying East of Lots 4, 5, 6,
14, 15, 16, 17 and 18, dedicated and described in the plat titled
"Elysium - Phase 1" as recorded in Plat Book 93, Pages 41-46,
Pinellas County Public Records, Florida.