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ITEM 8 Clearwater City Commission Agenda Cover Memorandmn Work session Item #: Yw2- Final Agenda Item # Meeting Date: 10/18/01 SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the alleys and easements as described in Exhibit "A" of the proposed ordinance and pass Ordinance No. 6839-01 on first reading subject to the applicant providing an easement over all existing and proposed utilities and the applicant assuming the cost of relocation of public and private utilities, (V2001-17 Church of Scientology Religious Trust), 1&1 and that the appropriate officials be authorized to execute same. SUMMARY: . The applicant proposes to vacate all alleys and easements on the subject property and proposes to redevelop the property with a parking garage, an auditorium and emergency power building for the Church of Scientology's training center currently under construction . Verizon Media Ventures, Inc. and Time Warner have no objections to the vacation request. . Florida Power Corporation has no objections if the applicant either dedicates a distribution easement or pays for the relocation of their facilities. . Verizon of Florida has no objections to vacation of a portion of the alley extending west from East A venue to a point 297 feet west, otherwise either easements or payment for the cost of relocation will be required. · Pinellas County General Services, owner of Lot 1, Block 12, Magnolia Park, objects to the request unless the County receives title to the north one-half of the alley and all of the three foot easement lying along the west property line. · The City of Clearwater has sanitary sewer, water and stormwater utilities in the areas to be vacated. · Pubic Works Administration has no objections to the vacation request subject to the applicant providing an easement over all existing facilities and assuming the cost of relocation of all public and private utilities. Reviewed by: Originating Dept: Costs N/A Legal Info Srvc N/A Public Works , Total ~ur- Administration " r^ Public Works "1'ltt Steve Doherty Budget N/A User Dept. Funding Source: Purchasing N/A DCM/ACM ~ N/A Current FY CI Risk Mgmt N/A Other Attachments OP Ord. No. 6839-01 Other Subm itted by: ~..... ~~ Location Map City Manager M Appropriation Code: ....r ... ~ Printed on recycled paper VACATION 2001-17 Church of Scientology Religious Trust ORDINANCE NO. 6839-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 15-FOOT ALLEY LOCATED ADJACENT TO THE EAST PROPERTY LINES OF LOTS 6 THROUGH 10, OF COURT SQUARE SUBDIVISION; THE 15-FOOT ALLEY LYING ADJACENT TO THE NORTH PROPERTY LINES OF LOTS 11 THROUGH 14, OF SAID COURT SQUARE SUBDIVISION; THE 15-FOOT ALLEY LYING ADJACENT TO THE NORTH PROPERTY LINES OF LOTS 9 THROUGH 16, BLOCK 12, OF SAID COURT SQUARE SUBDIVISION; VACATING THE 3-FOOT UTILITY EASEMENT LOCATED ADJACENT TO THE WEST PROPERTY LINE OF LOT 1, BLOCK 12, OF MAGNOLIA PARK SUBDIVISION, INCLUDING THAT PORTION OF THE UTILITY EASEMENT WHICH EXTENDS SOUTH TO THE NORTHWEST CORNER OF LOT 16, BLOCK 12, OF SAID COURT SQUARE SUBDIVISION; AND VACATING THE TRIANGULAR RIGHT-OF-WAY EASEMENT LOCATED AT THE NORTHWEST CORNER OF LOT 16, BLOCK 12, OF SAID COURT SQUARE SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Church of Scientology Religious Trust, owner of real property adjoining the alleys described herein, has requested that the City vacate the alleys, utility easement and right-of-way easement depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said alleys, utility easement and right- of-way are not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: see Exhibit "A" Legal Description, attached hereto is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. 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. 1 Ordinance No. 6839-01 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ~"H~ym~ Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 6839-01 EXHIBIT "A" Leqal Description Areas proposed to be vacated: (1) 15-foot wide alley shown on plat of COURT SQUARE, located northerly of Lots 9 through 16, Block 12, COURT SQUARE, according to the plat thereof recorded in Plat Book 5, Page 53, Public Records of Pinellas County, Florida. (2) 15-foot wide alley shown on plat of COURT SQUARE, located northerly of Lots 11 through 14, COURT SQUARE, according to plat thereof recorded in Plat Book 5, Page 53, Public Records of Pinellas County, Florida. (3) 15-foot wide alley shown on plat of COURT SQUARE, located westerly of Lots 1 through 5 and easterly of Lots 6 through 10, COURT SQUARE, according to plat thereof recorded in Plat Book 5, Page 53, Public Records of Pinellas County, Florida. (4) Right-of-way easement in favor of City of Clearwater, granted in O.R. Book 5223, Page 1487, Public Records of Pinellas County, Florida, over the following property: From the Northwest corner of Lot 16, Block 12, Court Square, as recorded in Plat Book 5, Page 53, of the Public Records of Pinellas County, Florida, for a point of beginning; thence Easterly along the North line of said Lot 16, 12.0 feet to a point, said point being Point A for reference; thence return to the P.O.B.; thence Southwesterly along the West line of said Lot 16, 4.0 feet; thence Northeasterly to Point A. (5) 3-foot utility easement in favor of City of Clearwater, granted by resolution in O.R. Book 6663, Page 202, of the Public Records of Pine lias County, Florida, over property adjacent to Block 12, Magnolia Park Subdivision, which is more particularly described as follows: Begin at the Northwest corner of Lot 1, Block 12, Magnolia Park Subdivision as recorded in Plat Book 1, Page 70, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part; thence run Southwesterly along the West line of said Block 12, and its southerly extension to the Northwest corner of Lot 16, Block 12, Court Square Subdivision, as recorded in Plat Book 5, Page 53, of said Public Records; thence run Westerly along the westerly extension of the North line of said Lot 16, Block 12, Court Square Subdivision, to a point on a line 3.0 feet West of and parallel to the West line of said Lot 1, Block 12, Magnolia Park Subdivision; thence run Northeasterly along said line to the South right-of-way line of Franklin Street; thence run Easterly along said South right-of-way line to the Point of Beginning. z K w o I~ 7 8 0 0:::: 1 I 23 <( I - G ! . (f) FRANKLIN EXHIBIT "A" w > <( , 6 ~ 7 ~ '\ 8 f' 3 , 9 ['\. 4 1 0 ~ 5 ~~~'\ I . 'lI r--. F~ It) ..~ V) 1.&.10 ~ ~ .. I~ 7 ~ ~ - "- 1_ 5 ~ (/) - ~7 a. a ~ ~ 14 13 12 11 ~ :1:110 /16 15 1 i Easement Vacations I Requested By Applicant ~-- -- 9 -- -ii-3' -- STREET I~l 1 !f COURT 5~~ 7 8~-~ ::::g- 1 2 3 4 Z -- 5l~ W ~ . ~ -~ .......... n'\ " " " '\ " '\ " " '\ " " '\ " " ,'-\:"- " " " ~ '\..'\ ......... trRjW Es Int. I") Z 15 14 13 12 11 ;! 16 ~~ :BQ llJ AIRE I- 2 J- -- (f) 10 g<( - w ,'\ 1112 \ 14 \ COURT \ -I- I ~-~ Alleyway Vacations STREET Requested By Applicant -l- I 5 6 ~-- 4 ~~ -I- 5 ~ (JU 1 2 3 7 8 9 -I- Z 15 16 1718 W o 0:: <( o en 23 "i- 19 0 "" - 24' "i- 20 T-- 25 18 17 16 21 CITY or CLEARWATER, FlORIDA PUBUC WORKS ADMINISTRATION ENGINEERING ALlEYWA YS 8c EASEMENTS VA~-t7 VACAllON REQUEST MET CHURCH OF SCIENTOlOGY 2 Of a REUGlOUS TRUST ....... .. - D.KING CIE<MIl .. S.D. 15 DA,. 07/30/2001 ,",,- ~ SEC1'-Rl!iP-MG tl-2K-t5E """""'" Il8Je-Ot