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8689-15KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2015083317 03/26/2015 at 09:45 AM OFF REC BK: 18722 PG: 1396 -1398 DOCType:GOV RECORDING: $27.00 ORDINANCE NO. 8689 -15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT -OF -WAY DESCRIBED AS THE 20 -FOOT PLATTED RIGHT -OF -WAY, ABUTTING AND LYING WEST OF LOTS 5, 6, 9, 10 AND 13 OF BLOCK 6, "R.J. BOOTH SUBDIVISION" AS RECORDED IN PLAT BOOK 9, PAGE 22 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Academy, Inc., owner of real property adjoining the portion of right -of -way described herein and depicted in Exhibit "A" attached hereto, has requested that the City vacate said right -of -way; and WHEREAS, the City Council finds that said right -of -way is not necessary for use as public right -of -way, thus should be vacated, as these actions are in the best interest of the City and the general public; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 20 foot platted right -of -way, abutting and lying West of Lots 5, 6, 9, 10 and 13 of Block 6, "R.J. Booth Subdivision" as recorded in Plat Book 9, Page 22 of the Public Records of Pinellas County, Florida is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto contingent upon the following conditions: 1. The City hereby retains a utility easement over the described property for the installation and maintenance of any and all utilities thereon by the City of Clearwater; and 2. All property owners abutting the east boundary of the right -of -way vacated hereby shall individually grant easements to Duke Energy Florida, Inc. (doing business as "Duke Energy "), Bright House Networks, LLC, Verizon Florida, Inc. and Knology of Central Florida (doing business as WOW!), the location and terms of which are acceptable to the respective utility providers. 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. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Ordinance No.8689 -15 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING MAR 0 5 2015 PASSED ON SECOND AND FINAL READING AND ADOPTED MAR 1 9 2015 —40J r\crc\(P5 George N. Cretekos Mayor Approved as to form: Attest: Laura Lipowski Mahony Assistant City Attorney Rosemarie Call City Clerk Ordinance No.8689 -15 Scale — 1" = 50' EXHIBIT This is not a survey Legal Description: DREW STREET Right-of-Way Varies 3 2 RJ Booth Subdivision Plat Book 9, Page 22 6 9 10 13 BLOCK "6" GROVE STREET 50' Right-of-Way An 20' Right-of-Way Vacation described as follows: The 20 foot platted right-of-way, abutting and lying West of Lots 5, 6, 9, 10 and 13, "R.J. Booth Subdivision" as recorded in Plat Book 9, Page the Public records of Pinellas County, FL. 7 8 11 12 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAWN BY L Cheek aca BY T. Mahony A1! 02/10/2015 LEGAL SKETCH 20' Right—of—Way Vacation at Drew Street and Booth Avenue ma No. Lg1_2015-01 71112T 1 OF 1 SECT-1RIP-1110 15/29S/15E