9203-18KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2018342823 10/24/2018 04:31 PM
OFF REC BK: 20310 PG: 1707-1714
DocType:GOV RECORDING: $69.50
ORDINANCE NO. 9203-18
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE 3547-84, WHICH
VACATED THE WEST FOUR FEET OF GARDEN AVENUE
RIGHT-OF-WAY ABUTTING COURT SQUARE
SUBDIVISION, PINELLAS COUNTY, FLORIDA, AS
RECORDED IN OFFICIAL RECORDS BOOK 5760, PAGE
1207 OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, TO CORRECT THE LEGAL DESCRIPTION;
PROVIDING THAT THE ORDINANCE WAS INTENDED TO
VACATE THE WEST FOUR FEET OF GARDEN AVENUE
RIGHT-OF-WAY ABUTTING ONLY LOTS 35 THROUGH 39
OF COURT SQUARE SUBDIVISION, AS RECORDED IN
PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, AS MORE PARTICULARLY
REFLECTED ON THE SKETCH DEPICTED AT OFFICIAL
RECORDS BOOK 5760, PAGE 1208; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 1984, it was requested by John W. Wilson, owner of certain real
property in Court Square Subdivision, in the City of Clearwater, Florida, that the City of
Clearwater, Florida, vacate a certain portion of right-of-way; and
WHEREAS, after proper public notice and public hearing thereon, the City
Commission found that said portion of right-of-way was not necessary nor required for
municipal use and it was deemed to be to the best interest and advantage of the City and
the general public that the same be vacated by adoption of Ordinance 3547-84 on May 3,
1984 (attached hereto and incorporated herein as Exhibit "A"); and
WHEREAS, a recent review of title documentation involving the subject area
revealed an inconsistency as between the legal description and the depiction by sketch;
and
WHEREAS, the City Council of the City of Clearwater, Florida now wishes to clarify
that the intent of Ordinance 3547-84 was to vacate the four feet abutting lots 35 through
39 only as depicted in the sketch at O.R. Book 5760, Page 1208, in the Public Records of
Pinellas County, Florida, (attached hereto and incorporated herein as Exhibit "B") and
[RE15-1313-080/223842/1] 1
Ord. No. 9203-18
that no portion of the Garden Avenue right-of-way south of the southerly boundary of Lot
35 was vacated by Ordinance 3547-84; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That the following:
The West 4.0 feet of 100.0 feet right-of-way for Garden Avenue running from the north lot
line of Lot 39 to the southerly lot line of Lot 35, abutting Court Square Subdivision,
according to the map or plat thereof as recorded in Plat Book 5, Page 53 of the Public
Records of Pinellas County, Florida (attached hereto and incorporated herein as Exhibit
be and the same is hereby vacated, closed and released, and the City of Clearwater
hereby quit claims and releases all of its right, title and interest thereto, subject to any
fee title interest which the City of Clearwater may hold, to the persons, firms or
corporations entitled thereto by law.
Section 2. This ordinance amends and revises Ordinance 3547-84 to correct the
legal description in Section 1, to reflect the intention to vacate only that portion of the four -
foot right-of-way of Garden Avenue abutting Lots 35 through 39 as reflected in Exhibit
"B" and "C".
Section 3. Notice of the proposed enactment of this ordinance has been properly
advertised in a newspaper of general circulation in accordance with Section 166.041,
Florida Statutes.
Section 4. The City Clerk shall record this ordinance in the Public Records of
Pinellas County, Florida, following adoption.
Section 5. This ordinance shall take effect immediately upon adoption and will be
effective, nunc pro tunc to May 3, 1984.
[RE15-1313-080/224939/1] 2
Ord. No. 9203-18
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
[RE15-1313-080/224939/1] 3
OCT 0 4 2018
OCT 1 8 2018
.--ctedorI(\Cr CViAS
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Ord. No. 9203-18
a r T
cm
>C AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
c, k VACATING THE WEST FOUR FEET OF GARDEN AVENUE
RIGHT-OF-WAY ABUTTING COURT SQUARE SUBDIVISION,
iPINELLAS COUNTY, FLORIDA; PROVIDING FOR PROPER
NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS ORDINANCE.
�: co
+WHEREAS, it has been requested by John W. 'Wilson, owner of
certain real property in Court Square Subdivision, in the City
of Clearwater, Florida, that the City of Clearwater, Florida,
vacate a certain portion of right-of-way; and
WHEREAS, after proper public notice and public hearing thereon,
the City Commission finds that said portion of right-of-way is not
necessary nor required for municipal use and it is deemed to be to
the best interest and advantage of the City and the general public
that the same be vacated;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITYGOp CLEARWATER, FLORIDA:
Section 1. That the following:
+ ,2
•
EXHIBIT "A"
84100410
ORDINANCE NO. 3547-84
c. t.5760 ?Pi 1207
The West 4.0 feet of 100.0 feet right-of-way for Garden
Avenue running from Franklin Street!South to Court Street,
abutting Court Square Subdivision,"according to the map
or plat thereof as recorded in Plat Book5, page 53 of
the Public Records of Pinellas County': Florida,
be and the same is hereby vacated, closed andzelesed, and the
,City of Clearwater hereby quit claims and releases all of its right,
Mtitle and interest thereto to the persons, firms or corporations
' 4 .4entitied thereto by law.
o ' Section 2. That the City Clerk is hereby directed4o,� ecord
vl /
F*d Q this ordinance in the Public Records of Pinellas County,.Florida.
Win:+
Section 3. Notice of the proposed enactment of this ordinance
u has been properly advertised in a newspaper of general circulation
in accordance with Section 166.041, Florida Statutes.
Section 4. This ordinance shall become effective immediately
upon its passage.
PASSED ON FIRST READING Aril 19. 19R4
PASSED ON SECOND AND FINAL
READING AND ADOPTED MRv 3. 1984
Attest:
/s/ Lucille Williams
. qoi1D1'l:Sity Clerk
1
/s/ Kathleen F. Kelly 'r �
Mayor -Commissioner L��:t7iUliul�s� i,tj Clerk. do
,. h&tiry ear;u Th;t:R sii:a true and
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HARRISON
EXHIBIT "A"
�.I.57G0 Po 1208
FRANKLIN
40
41
4
0
0
CI 44
ST..
Voce//On Of.Righl Of Wog
Suggested ByC!/y
(P, vnNin To Court)
Wool/on Of Right OfWYoy Reguei/e3 ,
By .top/icon/ ddto/ns Lel 35
COURT ST.
N
THIS IS NOT A
SURVEY
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HARRISON
FRANKLIN
40
41
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44
0
0
ST..
Vacation O/.Right O/ Way
Sac/testa By City
(prontiin To Court)
S,la.all
1,4
Vocation O/ Right O/ Way Repues/ed , k(y
doe/icon/ ddioins Lot 35 ((�/
COURT ST.
N
- THIS IS NOT A
1 I I
Vat. 12 _02
L
SURVEY
2-10-5= 3S.!c.
FRANKLIN STREET
(50'R.O.W PER PLA1)
SOUTH RIW LINE
I+- West 4.0'
39
38
QN7:6
zW
a
I o
36 0
NORTH LOT UNE
50'
50'
NORTH RAN LINE
•
SOUTH LOT UNE
HAVEN STREET (PLAT)
(50' RIW PER PLAT)
45
O.R. 4867-1478 -
DEDICATED AS RAN
DATE: 6/7/1979
O.R. 4667-1479
DEDICATED AS RIW
C. DATE: 6!711979
34
CITY ORDINANCE 9129-15
O.R. 20070.2537
VACATED RIW DATE: 5117116
(A PORTION OF LOT 34)
100' COURT STREET (PLAT, FIELD)
(100' R/W PER PLAT)
r —46— —1 r —1
Legal Description
The West 4.0 feet of the 100.0 foot right-of-way of Garden Avenue, running from the North lot line of Lot 39 to
the South lot line of Lot 35, abutting Court Square Subdivision, according to the map or plat thereof as
recorded in Plat Book 5, Page 53, of the Public Records of Pinellas County, Florida.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Lee Cheek
CHECKED BY
TLM
Exhibit "C"
Amended Vacation of the West 4' of
a Portion of S Garden Avenue
DWG. NO.
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SEC-TWNSP-RNG 16 -
DATE DRAWN
SHEET
OF 1
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9/14/18