7599-06
ORDINANCE NO. 7599-06
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2006073890 0212712006 at 05:07 PM
OFF REC BK: 14956 PG: 2377-2379
DocType:NOTlCE RECORDING: $27.00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 6779-01, AS AMENDED BY
ORDINANCE 7350-04 AND AS AMENDED BY ORDINANCE
7400-05, VACATING THE 60 FOOT RIGHT-OF-WAY OF
THIRD STREET, (AKA THIRD AVENUE), BOUNDED ON THE
EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF
CORONADO DRIVE AND BOUNDED ON THE WEST BY THE
EASTERLY RIGHT-OF-WAY LINE OF SOUTH GULFVIEW
BOULEVARD: SUBJECT TO SPECIAL CONDITIONS;
AMENDING THE SPECIAL CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in Ordinance No. 6779-01, the City Council granted the vacation
requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached hereto,
subject to special conditions which conditions have not been met; and
WHEREAS, in Ordinance 7350-04, the conditions described in Ordinance 6779-01
were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, requested amendments
to the conditions, which were adopted by Ordinance 7400-05, which conditions have not been
met; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
general public that the same be vacated subject to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Section 1. of Ordinance 6779-01, vacating the 60 foot right of way of
Third Street (AKA Third Avenue), bounded by the East by the Westerly Right of Way line of
Coronado Drive and bounded on the West by the Easterly Right of Way line of South Gultview
Boulevard; subject to special conditions, as amended by Ordinance 7350-04, and as
amended by Ordinance 7400-05, is hereby amended to read as follows:
Section 1. The following: 60 foot right-of-way of Third Street, (AKA Third
Avenue), bounded on the east by the westerly right-of-way line of
Coronado Drive and bounded on the west by the easterly right-of-way
line of Gulf View Boulevard, closed and released and the City of
Clearwater releases all of its right, title and interest thereto, contingent
upon the following conditions:
Developer shall commence construction of the Project as
described in the Second Amended and Restated Development
Agreement between the City of Clearwater and Beachwalk
Resort, LLC by December 31, 2006. Upon satisfaction of this
condition, Developer shall prepare and submit to the City a
CLERK certificate of satisfaction of this condition that shall be executed
RETURN TO: CITY
112 S. OSCEOLA AVE
CLEARWATER, FL 33756
1.
Ordinance No. 7599-06
by the City and returned to the Developer, who shall record the
certificate in the Public Records of Pinellas County, Florida. The
recording of such certificate shall conclusively confirm that this
condition has been timely satisfied. The date for commencement
of construction may be extended for unavoidable delay as
provided in the Development Agreement.
2. Easements shall be dedicated to provide adequate access to all
relocated utilities.
3. All public and private utilities shall be relocated by Clearwater
Seashell Resort, L.C. at its own expense and to the approval and
acceptance of the utility owners with all out of service utilities
removed prior to completion of said project.
4. A 1 Q-foot public access easement shall be dedicated to provide
pedestrian access from Coronado Drive to the new alignment of
Gulf View Boulevard.
5. This vacation ordinance shall be rendered null and void if any of
the preceding conditions are not met.
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
February 2, 2006
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Eebruary 16, 2006
4-~.1IAJ,..e / ~
Praflk V. Hibbard '
Mayor
Approved as to form:
l1rJ
Pamela K. Akin
City Attorney
Attest:
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Ordinance No. 7599-06
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