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7613-06 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 200617373905/10/2006 at 09:19 AM OFF REC BK: 15108 PG: 14-21 DocType:GOV RECORDING: $69.50 ORDINANCE NO. 7613-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, BEING A PART OF THE EXISTING RIGHT-OF-WAY OF OSCEOLA AVENUE AND A PORTION OF AN ALLEY LYING NORTH OF LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR; THREE DRAINAGE AND UTILITY EASEMENTS AND ONE INGRESS/EGRESS EASEMENT; SUBJECT TO APPLICANT FULFILLING ALL OBLIGATIONS AND REQUIREMENTS DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE AND CONDITIONAL RECISION. WHEREAS, Triangle S.A. Land, LLC, Georgia Street Properties, LLC, Harrison Village Properties, LLC, and Island View Properties, LLC, (collectively "Applicant") owners of real property located in the City of Clearwater, have requested that the City vacate a portion of Osceola Avenue the right-of-way as legally described and depicted in Exhibit A ("Parcel Three") attached hereto; and WHEREAS, in consideration of the City vacating Parcel Three, Applicant agrees to simultaneously convey to the City of Clearwater unencumbered insured title in and to Parcel Two as legally described and depicted in Exhibit B attached hereto; and WHEREAS, the Clearwater City Council finds that said right-of-way as described in Exhibit A is not necessary for municipal use as same shall be replaced by lands described in Exhibit B, Council shall dedicate as replacement Osceola Avenue right-of- way upon conveyance by Applicant; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of Section 9, Township 29 South, Range 15 East, Pinellas County, Florida being a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots 2 and 3, Block 2, of Jones Subdivision of Nicholson's Addition to Clearwater harbor as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, being more particularly described as follows: Commence at the northeast corner of Lot 1 of A. B. Jennie Cates Subdivision, also being the intersection of the southerly right-of-way line of Georgia Street and the Westerly right-of-way line of North Fort Harrison Avenue, thence along the southerly right-of-way line of Georgia Street S 880 49' 45" W, 212.46 feet to the POINT OF BEGINNING; thence along the easterly right"of"wayline of Osceola Avenue, (formerly knoWn as Virginia Place), S 00019':25" E, ItffUfU4 1'0. CITY CLERK 112 S. OSCEOLA AVE CLEARWATER, FL 33756 Ordinance No. 7613-06 ORDINANCE NO. 7613-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, BEING A PART OF THE EXISTING RIGHT-OF-WAY OF OSCEOLA AVENUE AND A PORTION OF AN ALLEY LYING NORTH OF LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR; THREE DRAINAGE AND UTILITY EASEMENTS AND ONE INGRESS/EGRESS EASEMENT; SUBJECT TO APPLICANT FULFILLING ALL OBLIGATIONS AND REQUIREMENTS DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE AND CONDITIONAL RECISION. WHEREAS, Triangle S.A. Land, LLC, Georgia Street Properties, LLC, Harrison Village Properties, LLC, and Island View Properties, LLC, (collectively "Applicant") owners of real property located in the City of Clearwater, have requested that the City vacate a portion of Osceola Avenue the right-of-way as legally described and depicted in Exhibit A ("Parcel Three") attached hereto; and WHEREAS, in consideration of the City vacating Parcel Three, Applicant agrees to simultaneously convey to the City of Clearwater unencumbered insured title in and to Parcel Two as legally described and depicted in Exhibit B attached hereto; and WHEREAS, the Clearwater City Council finds that said right-of-way as described in Exhibit A is not necessary for municipal use as same shall be replaced by lands described in Exhibit B, Council shall dedicate as replacement Osceola Avenue right-of- way upon conveyance by Applicant; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of Section 9, Township 29 South, Range 15 East, Pinellas County, Florida being a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots 2 and 3, Block 2, of Jones Subdivision of Nicholson's Addition to Clearwater harbor as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, being more particularly described as follows: Commence at the northeast corner of Lot 1 of A. B. Jennie Cates Subdivision, also being the intersection of the southerly right-of-way line of Georgia Street and the Westerly right-of-way line of North Fort Harrison Avenue, thence along the southerly right-of-way line of Georgia Street S 880 49' 45" W, 212.46 feet to the POINT OF BEGINNING; thence along the easterly right-of-way line of Osceola Avenue, (formerly known as Virginia Place), S 00019' 25" E, Ordinance No. 7613-06 333.32 feet; thence N 890 49' 02" E, 49.23 feet; thence along the westerly boundary of a vacated alley per O. R. Book 7546, Page 607, S 010 01' 42" E, 12.50 feet; thence S 89053' 10" W, 66.67 feet to a non-tangent curve concave northwesterly, having a radius of 45.00 feet; thence southwesterly along said curve and said easterly right-of-way line of Osceola Avenue, 15.74 feet through a central angle of 200 02' 38" (chord bearing S 490 19' 36" W, 15.66 feet); thence S 000 04' 22" E, 12.90 feet; thence S 790 39' 30" W, 80.02 feet; thence S 000 47' 26" E, 12.31 feet; thence N 89044' 18" W, 55.03 feet to a point lying on the westerly right-of-way line of Osceola Avenue; thence along said westerly right-of-way line of said Osceola Avenue by the following three courses: 1 - N 000 50' 40" E, 59.79 feet; 2 - thence N 890 58' 45" E, 121.94 feet; 3 - thence N 000 21' 07" W, 334.58 feet to a point on the southerly right-of-way line of Georgia Street; thence along the southerly right-of-way line of said Georgia Street N 880 40' 45" E, 40.02 feet to the point of beginning; and Vacate the drainage and utility easement retained over the full width of a vacated alley (said vacation recorded in O. R. Book 7270, Pages 1731 and 1732 of the Official Records of Pinellas County, Florida) described as the 10-foot north-south alley lying West of Lots 1-3, inclusive, and East of Lots 4-7, inclusive, A. B. and Jennie Cates Subdivision, according to the map or plat thereof, as recorded in Plat Book 1, Page 64 of the Public Records of Pinellas County, Florida; and Vacate the drainage and utility easement retained over the full width of a vacated alley portion (said vacation recorded in O. R. Book 7546, Pages 607 and 608 of the Official Records of Pinellas County, Florida) described as that portion of the East-West alley lying north of and adjacent to the original boundary of Lot B, Bergens Replat, according to the plat or map thereof as recorded in Plat Book 26, Page 41 of the Public Records of Pinellas County, together with that portion of the East-West alley lying North of and adjacent to the easterly 1/3 of Lot 3, Block 2, Jones Subdivision of Nicholson's Addition to Clearwater Harbor, as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, less and except the West 25 feet thereof; and Vacate the drainage and utility easement retained over the full width of a vacated alley (said vacation recorded in O. R. Book 7519, Page 329 and 330 of the Official Records of Pinellas County, Florida) described as the 15-foot North/South alley lying along the West 15 feet of Lots A & B, Bergens Replat as recorded in Plat Book 26, Page 41 of the Public Records of Pinellas County, Florida; and Vacate the Ingress/Egress easement (recorded in O. R. Book 7540, Pages 275 - 278), described as a parcel of land located in Section 9, Township 29 South, Range 15 East, being more particularly described as: Commence at the northeast corner of Lot B of Bergens Replat, as recorded in Plat Book 26, Page 41 of the Public Records of Pinellas County, Florida; thence South (S 000 22' 10" E Platted Bearing), along the westerly right-of-way line of North Fort Harrison Avenue (a 55 foot right-of-way), a distance of 7.10 feet to the POINT OF BEGINNING; thence continue South 24.00 feet; thence leaving said right-of-way N 89049' 47" W, a distance of 134.65 feet; thence N 400 53' 26" W, a distance of 41.25 feet to the Southerly line of an alley; thence north, a distance of 12.47 feet to the northerly line of said alley; thence S 890 58' 02" E along said northerly line a distance of 6.00 feet; thence leaving said line S 530 2 Ordinance No. 7613-06 55' 58" E, a distance of 33.40 feet; thence S 890 49' 47" E. a distance of 128.65 feet, to the POINT OF BEGINNING, subject to the following conditions: The vacation of the above-described portion of Osceola Avenue shall not become effective unless and until: 1) Unencumbered title in and to the new 50-foot right-of-way of Osceola Avenue described as "Parcel Two", attached, is conveyed to the City of Clearwater by General Warranty Deed, with title therein insured for not less than $400,000 by a nationally recognized underwriter of Title Insurance authorized to conduct business in the State of Florida. 2) Prior to conveyance, and subject to City of Clearwater inspection and approval, said Applicant shall adequately improve Parcel Two at Applicant's expense, to a level that will permit access over the full length of said Parcel Two by emergency vehicles. 3) Prior to conveyance, Applicant shall also relocate all existing utilities lying with the portion of Osceola Avenue herein vacated (Parcel Three) to Parcel Two to the satisfaction of the owners of said utilities and at the sole expense of said Applicant. 4) Within two (2) years of the date of adoption of this ordinance, the said Applicant shall have improved Parcel Two in accordance with all City of Clearwater construction standards and shall within thirty (30) days of the date of adoption of this ordinance provide to the City of Clearwater a performance bond in an amount of not less than one million dollars ($1,000,000.00), said bond to be used for payment of construction costs related to the City of Clearwater making the final improvements to Parcel Two should said Applicant not have Parcel Two improvements completed within the two-year period specified herein. Section 2. Within two (2) years of the date of adoption of this ordinance and prior to issuance of the certificate of occupancy said Applicant shall have completed all improvements to Parcel Two in accordance with all City of Clearwater construction standards or the City of Clearwater at its sole option may then utilize the performance bond to fund final right-of-way improvements to Parcel Two. Section 3. This ordinance shall take effect upon conveyance of Parcel Two to the City of Clearwater as described in Section 1 hereof. Section 4. If all conditions precedent to this Ordinance becoming effective are not met within one hundred and eighty (180) days following adoption, this Ordinance shall thereafter be null and void in all respects as though never adopted, and the City Clerk shall thereafter record a Notice of Rescission to that effect in the public records of Pinellas County, Florida. Section 5. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. PASSED ON FIRST READING April 20. 2006 3 Ordinance No. 7613-06 PASSED ON SECOND AND FINAL READING AND ADOPTED " May 4, 2006 -.:/~ .<<.~/ Fra1lk V. Hibbard .. Mayor Attest: 4 Ordinance No. 7613-06 EXHIBIT SECTION 9 TOWNSHIP 29 S, RANGE 15E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3324-02 GEORGIA SlREET 8 9 60 30 0 ~ ~ 1- SCALE: 1"=60' .,... IV A. 8. !4 JE~~~~:E ~ATES Sv8DI'y'ISION P8 1, PG 6..".. ------- PARCEL FOUR . . I I ------ A PART OF SECnON 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST -0 I A PART OF SECnON 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST N89'S8' 4S 121.94' Naa-4O' 4S"E 40.02' ~ ~ ~ z "A" ~ S88'40' 4S"W 212.46' W :J ~ < i (/) o i!: ~ z LOT 7 - LOT 1 - - LOT 6 ....~ <!:~ - - I ~I - - ll:l&J- I,u\l')~ A.B. k JENNIE C TES Q;~ - LOT 2 SUBDIVISION )..c . ~ P.B. 1 PG. 6 I~~~ ~ LOT 5 Cl;:) - - - - LOT 3 LOT 4 ~ ~ w ...o)~ 0 z l!s~~~~ 3: 0 I- ~""~0ll&J ....J I:::: <!:\I')"llt) ....J W lu - W U ~ ~~!!:hl u 0::: ll:....:t 0::: <( "(!s!ll:~~ <( ll.. g~!ltll: ll.. "(I? N89'49'gfE 49.23 ORAl 'AGE AND UnLlTY EASEMENT 'ACATED ALLEY PER O.R. OOK 7546, PGS. 607-608 --YACATEO 10' ALLEY ~~ g PARCEL lHREE LOT A z !3 N89'44'18"W 55.03' LEGEND BNDY = BOUNDARY COR = CORNER OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT-OF-WAY SR = STATE ROAD US = UNITED STATES ~~S GRESS EASEMENT PER - O..B 7540 PGS. 275-278 ---- ORAl IftGE AND UnLlTY EASEMENT VACATED ALLEY PER M O. BOOK 7519 PGS. J19-J21 I \J LOT B APORnON I I LOTS 2 Ii: J I BLOCK 2 1-1 JONES SUBIlI\IISION OF NICHOlSON'S AOOITlON TO I ClEARWATER HARBOR P.B. 1 I PG.l J HLLS BOROUGH COUNTY I LOT 1 BLOCK 2 NOT A SURVEY DATE SKETCH & DESCRIPTION 08/05/05 REVISED 08/18/05 H: \IN\3324 \DWG\3324P3S &D.DWG I I I ~ BE RGE NS RE PLA T P.B. 26 PG. 41 PARCEL 3 EXlSllNG OSCEOLA AVENUE LOT A SHEET 1 OF 2 POLARIS ASSOCIATES INC, PROFESSIONAL SURVEYING LB 611J 2915 S.R. 590, SUITE 17 CLEARWA TER, FLORIDA JJ759 (727) 669 0522 DESCRIPTION PARCEL THREE EXISTING OSCEOLA AVENUE A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING THE EXISTING RIGHT-OF-WAY OF OSCEOLA AVENUE AND A PORTION OF AN ALLEY LYING NORTH OF LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1, PAGE 13 OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, ALSO BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET S.88'40'45"W., 212.46 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF OSCEOLA AVENUE, S.0019'25"E., 333.32 FEET; THENCE N.89'49'02"E., 49.23 FEET; THENCE ALONG THE WESTERLY BOUNDARY OF A VACATED ALLEY PER O.R. BOOK 7546, PAGE 607, S.01'01'42"E., 12.50 FEET; THENCE S.89'53'10"W., 66.67 FEET TO A NON- TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY LINE OF OSCEOLA AVENUE, 15.74 FEET THROUGH A CENTRAL ANGLE OF 20'02'38" (CHORD BEARING S.49'19'36"W. 15.66 FEET); THENCE S.00'04'22"E., 12.90 FEET; THENCE S.79'39'30"W., 80.02 FEET; THENCE S.00'47'26"E., 12.31 FEET; THENCE N.89'44'18"W., 55.03 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID OSCEOLA AVENUE BY THE FOLLOWING THREE COURSES: 1 - N.00'50'40"E., 59.79 FEET; 2 - THENCE N.89'58'45"E., 121.94 FEET; 3 - THENCE N.00'21'07"W., 334.58 FEET; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID GEORGIA STREET, N.88'40'45"E., 40.02 FEET TO THE POINT OF BEGINNING. CONTAINING 0.478 ACRES, MORE OR LESS. CURVE TABLE CURVE I RADIUS I LENGTH I DELTA I CHORD BEARING I CHORD C1 I 45.00 I 15.74 I 20'02'38" I S49'19'36"W I 15.66 LINE TABLE LINE BEARING L1 S01'01'42"E L2 SOO'04'22"E L3 SOO'47'26"E DISTANCE 12.50' 12.90' 12.31' NOTES 1. BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF OSCEOLA AVENUE, BEING ASSUMED AS SOO'16'19"E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CE RTIFICATION I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. NOT A SURVEY JOHN O. DIE HL PROFE S S 10NAL S URVE YOR LS 4053, STATE OF FLORIDA SHEET 2 OF 2 SKETCH & DESCRIPTION DATE 08/05/05 PARCEL 3 EXISTING OSCEOlA AVENUE ,POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2915 S.R. 590. SUITE 17 CLEARWA TER. FLORIDA 33759 (727) 669-0522 H: \IN\3324\DWG\3324P3S&D.DWG EXHIBIT "B" SECTION 9 TOWNSHIP 29 S. RANGE 15E PINELLAS COUNTY. FLORIDA PROJECT NUMBER 3324-02 GEORGIA SlREET N88'40'~~ SO.01 8 9 ,n 'v A. B. &. JENNIE CATES SUaOr.1SION PB 1. PG 64 11 PARCEL FOUR A PART OF SECnON 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST ~ART OF SECtON 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST LOT 7 "-_.- - LOT 6 W ::>> ~ LOT 5 4( ~ ~ LOT 4 ~ ~ II) (/) ------'" 0 ___m_ F 0:::: => ~ 0 0 lL. Z ---l W C U 0:::: <{ - 10 0.... 8 z PARCEL THREE r-- I L LOT 1 BLOCK 2 19 "'----- I I I JONE S SUBDIIIlSION OF" 11 NICHOlSON'S ADDll10N TO ,- H~~B~W~~.R 1 I PG.13 HILLSBDROUGH COUNTY LOT 2 BLOCK 2 I L-e-- JONES SlREET REVISED 09/15/05 NOT A SURVEY DATE SKETCH & DESCRIPTION 08/05/05 REVISED 08/18/05 H: \IN\3324 \DWG\3324P2S &D.DWG PARCEL 2 PROPOSED OSCEOLA AVENUE LOT 1 LOT 2 ~ ~ LOT 3 "tel: :!So PLA T LINE --- w .... o;i!: z I-.~al-. o ~OI::\I)~ ~~O)~ ---l ~~\I)"'lt') W I::~ - U ~~~~~ 0::: 1l..~::;:!2~ <t: "'t:S"'t~Qli 0.... gll..e "'t w ::>> ~ 4( ~ (/) 0: ~ ~ t- 25 .. F 25 z 80 40 0 I I ~ SCALE: 1"=80' DRAINAGE AND UnLlTY EASEMENT VACAteD AUEY PER O.R. BOOK 7546, PGS. 607-608 INGRESS/EGRESS EASEMENT PER O.R.BOOK 7540 PGS. 275-278 LOT B BERGENS REPLA T P.B. 26 PG. 41 DRAINAGE AND Ul1UTY EA EMENT VACATED ALLEY PE D.R.BOOK 7519 PGS. 3 9-330 LOT A LE GE NO BNDY = BOUNDARY COR = CORNER OR = omCIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF" BEGINNING POC = POINT OF" COMMENCEMENT R/W = RIGHT-Of-WAY SR = STATE ROAD US = UNITED STATES SHEET 1 OF 2 POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 611 3 2915 S.R. 590, SUITE 17 CLEARWA TER, FLORIDA 33759 (727) 669-0522 DESCRIPTION PARCEL TWO PROPOSED OSCEOLA AVENUE A PORTION OF LOTS 1, 2, 3, 4, 5, 6 AND 7 OF A.B. & JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK 1 PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND THE VACATED ALLEYS PER O.R. BOOK 7270, PAGE 1731, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF THE DRAINAGE AND UTILITY EASEMENT RECORDED IN O.R. BOOK 7519, PAGE 329, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF THE INGRESS - EGRESS EASEMENT RECORDED IN O.R. BOOK 7540, PAGE 275, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF GOVERNMENT LOT 4 IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST AND A PORTION OF LOTS A AND B OF BERGENS REPLA T, AS RECORDED IN PLAT BOOK 26, PAGE 41 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF A VACATED ALLEY PER O.R. BOOK 7546, PAGE 607 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND A PORTION OF LOT 3 BLOCK 2 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1 PG. 13, PUBLIC RECORDS OF HILLSBOROUGH COUNTY OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, ALSO BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET S.88'40'45"W., 100.02 FEET TO THE POINT OF BEGINNING; THENCE S.00'16'19"E., 528.34 FEET, ALONG A LINE 100.00 FEET WEST OF AND PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF JONES STREET, S.89'59'22"W., 50.00 FEET; THENCE N.00'16'19"W., 527.20 FEET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET, N.88'40'45"E., 50.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.606 ACRES, MORE OR LESS. NOTES 1. BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF OSCEOLA AVENUE, BEING ASSUMED AS SOO'16'19"E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL. HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CE RTIFICATION I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. SKETCH & DESCRIPTION DATE 08/05/05 PARCEL 2 PROPOSED OSCEOlA AVENUE JOHN O. DIE HL PROFE S S IONAL S URVE YOR LS 4053, STATE OF FLORIDA SHEET 2 OF 2 ,POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 611J 2915 S.R. 590, SUITE 17 CLEARWA TER, FLORIDA JJ759 (727) 669-0522 RE VISE D 09/15/05 NOT A SURVEY H: \IN\3324\DWG\3324P2S&D.DWG