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7598-06 \ .. ORDINANCE NO. 7598-06 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 200611839803/:31/2006 at 08:40 AM OFF REC BK: 15023 PG: 1518-1520 DocType:GOV RECORDING: $27.00 l AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7371-05, WHICH VACATED A PORTION OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE, (AK.A FIRST STREET PER FIELD), SUBJECT TO SPECIAL CONDITIONS TO AMEND THE SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7371-05, the City of Clearwater vacated the right-of- way depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the "Developer", the City Council finds that it is deemed to be in the best interest of the City and the general public to amend the conditions of the vacation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 1 of Ordinance No. 7371-05 is hereby amended to read as follows: The following: Vacate a portion of the 60-foot right-of-way of First Avenue, (AK.A First Street per field), the plat of L1oyd-White-Skinner Subdivision as recorded in Plat Book 13, Page 12 of the public records of Pinellas County, Florida), more particularly described as: From the southwest corner of Lot 55, L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of Pinellas County, Florida, run thence N05032'30"E along the easterly right of way line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the Point of Beginning, said point also being the northwest corner of Lot 48 of said Lloyd white skinner subdivision, thence N05032'30"E 60.00 feet to the southwest corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S8402T30"E along the northerly right of way line of First Avenue, L1oyd-White-Skinner Subdivision a distance of 192.00 feet; thence S05032'30"W along a line 18 feet west of and parallel with the westerly right of way line of Coronado Avenue as shown on the plat of L1oyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly right of way line of said First Avenue; thence N8402T30"W along said southerly right of way line a distance of 192.00 feet to the Point of Beginning, subject to the following conditions: 1) The project described within the Development Agreement between the City of Clearwater and K and P Clearwater Estate, LLC adopted by Resolution 04-39 and as thereafter amended, (the "Development RElWRtJ 10: CITY CLERK 112 S. OSCEOLA AVE CLEARWATEA,FL 33756 Ordinance No. 7598-06 Agreement") shall commence vertical construction by no later than March 3, 2008 . 2) All public and private utilities shall be relocated by the Developer at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project, 3) This vacation shall become effective only after the Developer grants the 60-foot right -of -way for Relocated First Street to the City as provided in the Development Agreement. 4) Payment by the Developer of the cost of construction of the Relocated First Street or the posting of security sufficient to guarantee construction of the Relocated First Street as provided in the Development Agreement. 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 March 2, 2006 PASSED ON SECOND AND FINAL READING AND ADOPTED March 16. 2006 ~.<,,;-: ~ -Pfank V. Hibbard / Mayor / >~ 2 Ordinance No. 7598-0' --- - - -- - - - -..... ---- ~ "-----Gt)-_ fE "- ~ - - -5<- - - - - CI) ----C~- ;t ~ - - -~ - - - - o " - - -" --- --- --- - -- ---- A 57.8' ~ ~ ~ ~ II 5 (!) ~ .';:) o CI) , l _ I - I , EXHIBIT "A" SCALE 1"=100' , I , GULFVIEW BL VD. ~ 70' COLUMBIA SUB. 1 23-60 , , I , , 44 ~5 ,'46 ,'47 I , , I , , , , , I I I , , , I , ,90 /91 , , / / , I I " / , I I , I 48 ~9 ,50 ' 51 / I I - -'- -/- - ~- 52 98 ~ " Cl') 53 ~ _ _99 --!--_--- / ------ --, , 100 54' ;------- , 55 , '---- I - -- / -J , 1----__-- , --- 102 56 --- , ---1--- I --- I I , ,93 ,92, I I , / , I , , / , ~ o Q ~ o Q: o o --- Q 10 FIRST Sr. 60' 1 2 4 ATe LUIVfBIA - - - - - SUB~6=",-~ _ _ --- City of Clearwater, Florida Public Works Administration/Engineering Date 11/18/04 Drawn By S.K. Checked By S.D. GRID # 276A DWG. NO K and P Clearwater Estate. LLC VAC 2004-02 Sheet 20'2 Vacate Part Of FirstStreet S;;:J:S~1~~g Ordinance 7371-05