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17-27RESOLUTION NO. 17- 27 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING THAT THE PINELLAS COUNTY LEGISLATIVE DELEGATION INITIATE LEGISLATION BY SPECIAL ACT FOR CONSIDERATION BY THE 2018 FLORIDA LEGISLATURE, TO PROVIDE FOR THE USE AND DEVELOPMENT OF SPECIFIED CITY -OWNED LANDS, THE REMOVAL OF CERTAIN RESTRICTIONS ON THE USE OF THE LANDS, AS IMPOSED BY CHAPTER 11050, LAWS OF FLORIDA (1925), AND SPECIFYING THAT THE ACT DOES NOT MODIFY OR SUPERSEDE THE CITY'S CHARTER RELATING TO WATERFRONT PROPERTY OWNED BY THE CITY; PROVIDING FOR THE TRANSMISSION OF THIS RESOLUTION TO THE MEMBERS OF THE PINELLAS COUNTY LEGISLATIVE DELEGATION AND TO OTHER PERSONS AS DESIGNATED BY THE CITY COUNCIL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater adopted Resolution 17 -13 on March 16, 2017, affirming the approval of Imagine Clearwater, A Community Vision for the Downtown Clearwater Waterfront, directing city staff to incorporate the plan into the Clearwater Downtown Redevelopment Plan, and to proceed with its implementation; and WHEREAS, chapter 11050, Laws of Florida (1925) contains certain restrictions on a portion of the property which will be subject to the Imagine Clearwater redevelopment plan; and WHEREAS, the City Council now wishes to initiate legislation (attached hereto and incorporated herein as Exhibit "A ") to release the restrictions, so that the Imagine Clearwater plan may be implemented in its entirety; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater requests that the members of the Pinellas County Legislative Delegation initiate legislation by Special Act during the 2018 session of the Florida Legislature for the purposes of: providing for the use and development of specified city -owned lands; removing certain restrictions on the use of said lands, which were imposed by Chapter 11050, Laws of Florida (1925), as amended by 2007 -312 and 2010 -250, Laws of Florida; and specifying that the act does not modify or supersede the City's Charter relating to waterfront property owned by the City. Resolution No. 17- 27 Section 2. The City Clerk is directed to provide copies of this resolution to the members of the Pinellas County Legislation Delegation and to other appropriate government officials as is directed by the City Council. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this I S day of , 2017. 'q€ q( Cr At 1:0) George N. Cretekos Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Rosemarie Call City Clerk [GM17- 9216- 057/206911/1] 2 Resolution No. 17 -27 Section 1. Section 1 of Chapter 11050, Laws of Florida is amended to read as follows: Section 1. That in order to secure, encourage and promote the erection and maintenance of said free bridge and causeway by the County of Pinellas across Clearwater Bay, in the City of Clearwater, and County of Pinellas, a strip of the submerged land belonging to the State of Florida, five hundred feet in width, lying and being on the north side of the following line, to wit: Commencing at a point 601.65 feet west from the intersection of the center line of Cleveland Street and Osceola Avenue, according to the map of the City of Clearwater, Florida, as of May 0, 1925; thence west 149.5 feet; thence following the arc of an eight degree curve to the right 312.5 feet; thence north 65 degrees and no minutes west 994.6 feet to the point of a curve thence follow the arc of a one degree curve to the right 1400 feet; thence north 51 degrees no minutes west 4240.6 feet to the point of a curve; thence follow the arc of a 5 degree and 30 minute curve to the left 808.49 feet; thence south 84 degrees and 32 minutes west 1538.6 feet to high tide on Sand Key, said land being in Township 28 South Range 15 East; And also a strip of land seven hundred feet in width Lying and being on the south side of said line, be and the same is hereby granted unto the County of Pinellas for the purpose of erecting, building and maintaining said free bridge and causeway. The said county is hereby authorized to enter upon said lands to excavate, dredge, fill or otherwise improve the same in such manner as may be necessary for the purpose of building and maintaining said bridge and causeway; provided that all dredging for said causeway shall be made and done on and from the said land on the south side of said line; and provided further, that this grant shall not affect the riparian rights of the property owners on the eastern and western termini of said strip of land; and provided further, that parties purchasing or otherwise acquiring the state owned land abutting said land on the north and on the south, shall have access to said bridge and causeway, and to this end shall have the right, under the direction and control of the governing body having jurisdiction of said land, to build the necessary streets, roads, bridges, fills and approaches upon and over said land; and the owners (present and future) of the land abutting said land on the north, the City of Clearwater or the County of Pinellas shall have the right to fill said land lying north of said line to be used for public parks and places of recreation only, the same to be maintained by the said city or county, or both. Provided that no camival3 or shows focus on the land lying north of said line shall be consistent with state policies for revitalization of waterfront areas, protecting environmental and cultural resources, and providing public access; and provided further that should said property cvcr cease to shall be used for public parks and places of recreation only, . _ and this act shall not modify or supersede any provision of the Charter of the City of Clearwater concerning the requirement of a referendum for the use of waterfront property owned by the City of Clearwater.