8776-15KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2015349385 12/03/2015 at 08:33 AM
OFF REC BK: 19006 PG: 665 -667
DocType:GOV RECORDING: $27.00
ORDINANCE NO. 8776 -15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING PUBLIC RIGHT -OF -WAY DESCRIBED AS THAT
CERTAIN RIGHT -OF -WAY ADJACENT TO THE NORTH
BOUNDARY OF LOTS 1 — 5, AND THE SOUTH BOUNDARY OF
LOTS 6 — 10, BLOCK 5, JONES' SUBDIVISION OF
NICHOLSON'S ADDITION TO CLEARWATER HARBOR,
ACCORDING TO THE MAP OR PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1, PAGE 13, OF THE PUBLIC
RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF
WHICH PINELLAS COUNTY WAS FORMERLY A PART;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, 200 Garden, LLC, 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:
That certain right -of -way adjacent to the north boundary of Lots 1 — 5, and the south boundary
of Lots 6 — 10, Block 5, Jones' Subdivision of Nicholson's Addition to Clearwater Harbor,
according to the map or plat thereof, as recorded in Plat Book 1, Page 13, of the Public Records
of Hillsborough County, Florida of which Pinellas County was formerly a part 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, under, across and through the
described property for the installation and maintenance of any and all utilities
therein by the City of Clearwater; and
2. The City of Clearwater hereby retains a public access easement over the
described property for use by the general public for the purpose of pedestrian
access; and
3. All property owners of real property abutting the right -of -way vacated hereby shall
individually grant easements to Duke Energy Florida, Inc. (doing business as
"Duke Energy ") and Verizon Florida, Inc., 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 ninety (90) calendar days from the
adoption of this ordinance.
Ordinance No. 8776 -15
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.
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
PASSED ON FIRST READING
NOV 0 5 2015
PASSED ON SECOND AND FINAL
READING AND ADOPTED
NOV 1 8 2015
- G`e r \( tVrAt tA1s
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Ordinance No. 8776 -15
NT.s EXHIBIT
This is not a survey
c
0
Lot 10
0
Z
Lot 1
95 A 95
Jones Street
60' R/W
Jones' Subdivision of
Nicholson's Addition to
Clearwater Harbor
Plat Book 1,
Page 13
Lot9 Lot8
r
Lot 7
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Lot 6
Block 5
Lot 2 Lot 3
R/W Easement
O.R. 4712, Page 510
Legal Description:
An Alley Vacation described as follows:
Lot 4
Drew Street
65' R/W
An alley located North of Lots 1, 2, 3, 4, and 5, and South of Lots 6, 7, 8, 9,
and 10, Block 5, 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.
L
Lot 5
N
-0 o
0
0
Z
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
L. MOODY
CHECKED BY
T. MAHONY
ALLEY VACATION — BLOCK 5
JONES' SUBDIVION OF NICHOLSON'S
ADDITION TO CLEARWATER HARBOR
DWG. NO
Lg1_2015 -17
SECT - TWNSP -RNG
DATE DRAWN
9
SHEET
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9 /11 /2015