7804-07
ORDINANCE NO. 7804-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE 6780-01, AS
AMENDED BY ORDINANCE 7351-04, AND AS AMENDED
BY ORDINANCE 7401-05, AND AS AMENDED BY
ORDINANCE 7600-06, WHICH VACATED THE EAST 35
FEET OF THE 70 FOOT RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, BOUNDED ON THE NORTH BY THE
WESTERLY EXTENSION OF A LINE PARALLEL TO AND
20 FEET NORTH OF THE NORTHERLY LOT LINE OF
LOTS 57 AND 104 OF LLOYD-WHITE-SKINNER
SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE
12 OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA AND BOUNDED ON THE SOUTH BY THE
WESTERLY EXTENSION OF THE SOUTH LOT LINE OF
LOT 59, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION,
(AKA THE SOUTH LOT LINE OF THE BEACH PLACE
MOTEL CONDO, PLAT BOOK 65, PAGE 13, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA),
SUBJECT TO SPECIAL CONDITIONS; AMENDING THE
SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, in Ordinance No. 6780-01, the 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 have not been met; and
WHEREAS, in Ordinance 7351-04, the conditions described in Ordinance 6780-01
were amended; and
WHEREAS, in Ordinance 7401-05, the conditions described in Ordinance 6780-01
were amended; and
WHEREAS, in Ordinance 7600-06, the conditions described in Ordinance 6780-
01 were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, are requesting
amendments to the special conditions; 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:
RETURN TO: CITY CLERK
"2 S. OSCEOLA AVE
CLEARWATER. FL 33756
Ordinance No. 7804-07
Section 1. That Section 1. of Ordinance 6780-01, vacating the East 35 feet
of the 70 foot right-of-way of Gulf View Boulevard, bounded by the north by the westerly
extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104
of L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, page 12 of the Public
Records of Pinellas County, Florida and bounded on the south by the westerly extension
of the south lot line of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot
line of The Beach Place Motel Condo, Plat Book Book 65, Page 13, of the Public Records
of Pine lias County, Florida), subject to special conditions, as amended by Ordinance
7351-04, and as amended by Ordinance 7401-05, is hereby amended to read as follows:
Section 1. The following: East 35 feet of the 70 foot right-of-way of
Gulf View Boulevard, bounded on the north by the westerly extension
of a line parallel to and 20 feet north of the northerly lot line of Lots 57
and 104 of L1oyd-White-Skinner Subdivision, as recorded in Plat Book
13, page 12 of the Public Records of Pinellas County, Florida and
bounded on the south by the westerly extension of the south lot line
of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot
line of The Beach Place Motel Condo, Plat Book 65, Page 13, of the
Public Records of Pinellas County, Florida), closed and released and
the City of Clearwater releases all of its right, title and interest thereto,
contingent upon the following conditions:
1. 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 certificate of satisfaction of this condition
that shall be executed 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. For purposes of this ordinance,
commencement of construction shall mean Developer
obtaining a foundation permit from the City of Clearwater
and commencement of construction of the foundation in
accordance with said permit. The date for commencement of
construction may be extended for unavoidable delay as
provided in the Development Agreement.
2. The public vehicular and pedestrian use of the subject right-
of-way shall be maintained until such time as a suitable paved
roadway is constructed to the west of the subject right-of-way
to accommodate two lanes of two way traffic capacity.
3. Easements shall be dedicated to provide adequate access to
all relocated utilities.
Ordinance No. 7804-07
4. All public and private utilities shall be relocated by Beachwalk
Resort, LLC to the approval and acceptance of the utility
owners with all out of service utilities removed prior to
completion of said project.
5. A 10 foot public access easement shall be dedicated to
provide pedestrian access from Coronado Drive to the ne\\'
alignment of Gulf Vie'.'\' Boulevard, and
~e. 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
April 4, 2007
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 19, 2007
Approved as to form:
1l
Pamela K. Akin
City Attorney
Attest:
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Cynt . Goudeau -----=-tf
City Clerk
Ordinance No. 7804-07