9167-18KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2018293854 09/12/2018 03:50 PM
OFF REC BK: 20203 PG: 1614-1617
DocType:GOV RECORDING: $35.50
ORDINANCE NO. 9167-18
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A PORTION OF GULFVIEW
BOULEVARD RIGHT-OF-WAY LYING IN THE
SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 29 SOUTH,
RANGE 15 EAST, PINELLAS COUNTY, FLORIDA
SUBJECT TO SPECIAL CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Gulfview Lodging, LLP ("Developer" or "Owner") and the City of
Clearwater ("City") entered into that certain Hotel Density Reserve Development
Agreement dated July 28, 2017 ("Development Agreement") and in accordance therewith,
a proposed number of density units were granted to Developer contingent upon the
proposed vacation of 2,195.09 square feet of South Gulfview Boulevard right-of-way
("Right-of-way") within the Beach Walk District; and
WHEREAS, on October 17, 2017 the City of Clearwater Community Development
Board ("CDB") reviewed and approved the Developer's application for Flexible
Development and the Development Agreement subject to various conditions including the
vacation of the Right-of-way; and
WHEREAS, the City subsequently issued related Development Order — Case
FLD2017-07012 dated February 8, 2018, wherein it is contemplated that the Clearwater
City Council would need to approve a right-of-way vacation ordinance, vacating said
Right-of-way; and
WHEREAS, the CDB's approval was subsequently appealed through the legal
process by a third -party and as of the date of this ordinance, remains pending (the
"Litigation"); and
WHEREAS, pursuant to the Clearwater Community Development Code ("CDC"),
Section 4-502(B), the filing of the appeal stays the CDB approval pending final
determination of the case; and
WHEREAS, condition 1, (below) of the vacation of the Right-of-way as
contemplated hereunder shall be stayed at any and all times of pending appeal or legal
action, despite, and not impacting, the effective date of this ordinance; and
[RE15-1313-080/221196/2] RE15-1313-080/221196/2 1
Ord. No. 9167-18
WHEREAS, the Owner in fee title of real property abutting the Right-of-way
described and depicted in Exhibit "A" attached hereto, has now formally requested that
the City vacate said Right-of-way; and
WHEREAS, the City Council of the City of Clearwater, Florida finds that said right-
of-way is not necessary for municipal use and it is deemed to be in the best interest of the
City and the general public that the same be vacated; and
WHEREAS, should the final legal determination of the Litigation or any other issue
whatsoever cause the termination or abandonment of the project which is subject of the
Development Agreement and Development Order (the "Project"), the vacation of the
Right-of-way shall not become effective; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
A right-of-way described as follows:
See Exhibit "A"
is hereby vacated, closed and released, and the City of Clearwater releases all of its
right, title and interest thereto, contingent upon, and subject to, the following conditions
precedent:
1. Vertical construction of the Project shall commence within two (2) years of the
effective date of this ordinance (the "Commencement Period"); provided
however, the Commencement Period shall be tolled for each day that either the
Development Order, the Development Agreement, or this Ordinance is subject to
litigation (including any appeal periods), any petitions for writ of certiorari
(including any appeal periods), administrative challenges (including any appeal
periods), or local challenges (including any appeal periods).
2. All public and private utilities shall be relocated without interrupting service by
Gulfview Lodging, LLP at its own expense and to the approval and acceptance of
the utility owners and with all out of service utilities removed prior to the
completion of the project.
3. This vacation ordinance shall be rendered null and void and the vacation of the
Right-of-way not effective if any of the preceding conditions are not met, or, if for
any reason whatsoever, including the outcome of the Litigation, the Project is
abandoned, terminated or otherwise not constructed.
[RE15-1313-080/221196/2] RE15-1313-080/221196/2 2
Ord. No. 9167-18
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
AUG 1 4 2018
PASSED ON SECOND AND FINAL
READING AND ADOPTED
SEP, 0.6 7018
Ct20rtilAC t\e t0s
George N. Cretekos
Mayor
Approved as to form: Attest:
Laura Lipowski Mahony
Assistant City Attorney
Rosemarie Call
City Clerk
[RE15-1313-080/221196/2] RE15-1313-080/221196/2
3
Ord. No. 9167-18
SECTION 7 TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA
SKETCH OF LEGAL NOTA SURVEY
LEGAL DESCRIPTION: PROPOSED RIGHT --OF- WAY VACATION
THE EAST 1/2 OF GULFVIEW BOULEVARD LYING ADJACENT
TO LOT 71, LLOYD--WHITE-SKINNER SUBDIVISION, ACCORDING
TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK
13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF
P NETLLAS COUNTY, FLORIDA.
0
I 7
!%C
LEGEND
4 = Point of Commencement
P126 Point of Pe fining
PRM Nonevent Reference Mcrumert
FCM - Found Concrete Monument (No Number)
PI - Dota Per Description
OEEEO 06tn
,FI — Fe+d nota
P0.(0 Pace (a)
O.fY = Officio; Record Doak
P.R. Piot Dook
R/W x Right—of—way
PLS. — Profeafficnel Lond Surve).or
Centerline
FOP - Found Open Pipe (No Cup)
FJT - Fence T(e
flR - Found Iron Rod
FPP — Found Pinch Pipe
5.LR. - Set Iron & Cop 1/2' LS 14626
LOr 70
N764g3z„W
1j000
,r
LO7- 77
1 10.84'
N 83'5C' 7” W
GRAPHIC SCALE
1"=50'
0 50 100
SURtFY 15 SUBJECT TO A II TLE SEARCH FOR EASEMENTS, RICHES —Of —WAY AND
0THER MATTERS OF RECORD. BASIS OF BEARINGS ARE ASSUMED AND
REFERENCED TO THE NOR TN RIGHT OF WAY OF 5th STREET, BEARING 9 815017'
W. NO U'4DERGROLIND LOCATE° UNLESS SHOWN HEREON.
wr
1
rte. �..,.i...
LOT 120
100, 77'
1.Or 117
LCir 11Ei
.• 1frl r,
GMY Na. 4626
CER141)60 AS A SKETETI OF166CAI;
UNLESS Ii BEARS 686 SIGNORE ;AND T4E ORIGINAL RNSEU
SEAL OF ,A1FLORIOA UJ(6S£D :: IWYCR A }t PES T4IS Q
DRAMMNB: 4SYtETCH, PLAT OR 5 ,FORA7E1)4ia1 AIth1[6L .' 0
PURPOW 6NLY AND §-1414T,,,4,7
'�• � &C 1406'
406 SO. AHCTUR SAVE STE 1
GUY D. HALE
JOS NUMbET : 2016231 DATE: 2/23/2018 (727) 734-4266 G/-i`svrvoyora groaOL cum
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