9352-20KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2020025407 01124/2020 10:46 AM
OFF REC BK: 20856 PG: RECORDING: $78.00
DocType:GOV-899
$78.00
ORDINANCE NO. 9352-20
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A PORTION OF A 5 FOOT -WIDE
UTILITY EASEMENT, ABUTTING THE SOUTH LINE OF
LOTS 1, 2, AND THE WEST 34 FEET OF LOT 3 AS SHOWN
ON THE PLAT FOR SUNNYDALE SUBDIVISION AS
RECORDED IN PLAT BOOK 31, PAGE 12, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, AND A
PORTION OF A 10 FOOT ALLEY, ABUTING THE NORTH
LINE OF LOTS 2, 6, 7, 8, AND THE WEST 40 FEET OF LOT
9, AS SHOWN ON THE PLAT FOR SUNSET POINT
SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 56,
OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner in fee title of real property described and depicted in Exhibits
"A" and "B" attached hereto, has requested that the City vacate said platted easement and
said platted alley; and
WHEREAS, as a condition to the vacations, the City will require that the owner grant
a new Utility Easement in place of the vacated Utility Easement; and
WHEREAS, the City Council of the City of Clearwater, Florida finds that said
easement and alley are 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; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
The easement and alley described as follows:
See Exhibit "A" and Exhibit "B"
Ord. No. 9352-20
are 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. The property owner will grant to the City of Clearwater, Florida, a 10 foot -wide
Utility Easement over, under, across, and through the real property described
in Exhibit "C", (attached hereto and incorporated herein) as deemed
acceptable to the City of Clearwater, for installation and maintenance of all
utilities therein by the City of Clearwater.
2. All public and private utilities shall be relocated without interrupting service by
Edgewater Valor Capital, LLC at its own expense and to the approval and
acceptance of the utility owners and with all out of service utilities removed prior
to completion of the project.
3. The Property Owner shall grant an individual easement to Knology of Central
Florida (doing business as WOW!), as may be requested by said provider and
the location and terms of which are acceptable to the respective utility
provider. Duke Energy Florida, Inc. (doing business as "Duke Energy"), Bright
House Networks, LLC, Verizon Florida, Inc. and Frontier Communications have
all submitted Letters of No Objection in response to the City's vacation process
stakeholder review.
4. This vacation ordinance shall be rendered null and void and the vacations not
effective if any of the preceding conditions are not met, or, if for any reason
whatsoever, the Project is abandoned, terminated, or otherwise not
constructed.
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
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
. READING AND ADOPTED
effect immediately upon adoption.
DEC 1 9 2019
Q0_171(a.As not .3-0,:)-0
_qpA,4eiNcrt;ckos
George N. Cretekos
Mayor
Ord. No. 9352-20
Approved as to form: Attest:
Laura Lipowski Mahony
Assistant City Attorney
Rosemarie Call
City Clerk
Ord. No. 9352-20
60' 30'
0 60'
I
I
I
I
SCALE: 1" = 60'
I
I
P
cr
Q I
M
LEGEND
BNDY =
COR =
OR =
PB =
PG =
POB =
POC =
R/W =
SR =
US =
BOUNDARY
CORNER
OFFICIAL RECORDS BOOK
PLAT BOOK
PAGE
POINT OF BEGINNING
POINT OF COMMENCEMENT
RIGHT-OF-WAY
STATE ROAD
UNITED STATES
SECTION 3, TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 4741-01
SUNNYDALE
UNE TABLE
LINE
BEARING
DISTANCE
L1
NO5'57'29"E
10.07'
L2
S89'25'26"E
30.25'
L3
N06'08'47"E
5.02'
L4
500'35'29"W
5.00'
DR
SUNNYDALE S
PLAT BOOK 31,
1
PROPOSED 5' UTIUTY
EASEMENT VACATION
S 89'25'26"E 337.06'
VE
OF LOT
U B D IV IS IO N
PAGE 12
2
LOT 3
I
I
L2
-L1
N 89'25-26"W 337.54'
3
e_
2
POC
NORTHWEST CORNER
OF LOT 2, SUNSET
POINT SUBDIVISION
4
0' ALLEY PER PLAT
SUNSE
3
5
I SUNSET
NOT A SURVEY
6
T P O IN
PLAT
BOOK 4, PAGE
7
T SUB
BOOK 4, PAGE
POINT
56
8
DI VI S
56
WEST 40'
OF LOT 9
9
ION
ROAD
SHEET 1 OF 2
ITEM
DATE
BY
QC
REVISE SKETCH
08-13-19
SKETCH & DESCRIPTION
07-08-19
DHR
SMW
DHP
DHR
H:\JN\4741\DWG\47415D UTILITY.DWG
EXHIBIT "A"
PROPOSED VACATION OF A
PORTION OF A 5' UTIUTY
EASEMENT
POLARIS ASSOCIATES INC
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
DESCRIPTION
SECTION 3, TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 4741-01
THAT PORTION OF THE 5 FOOT UTILITY EASEMENT AS SHOWN ON THE PLAT FOR SUNNYDALE SUBDIVISION AS
RECORDED IN PLAT BOOK 31, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ABUTTING THE
SOUTH LINE OF LOTS 1, 2, AND THE WEST 34 FEET OF LOT 3 OF SAID SUBDIVISION BEING FURTHER DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 2, SUNSET POINT SUBDIVISION; THENCE N.05'57'29"E., 10.07 FEET;
THENCE S.8925'26"E., 30.25 FEET TO THE POINT OF BEGINNING; THENCE N.06'08'47"E., 5.02 FEET TO THE NORTH
LINE OF A 5 FOOT UTILITY EASEMENT AS SHOWN ON THE PLAT OF SUNNYDALE SUBDIVISION AS RECORDED IN PLAT
BOOK 31, PAGE 12 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID NORTH
EASEMENT LINE, 5.89'25'26"E., 337.06 FEET; THENCE LEAVING SAID LINE, S00'35'29"W., 5.00 FEET TO THE SOUTH
LINE OF SAID 5 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTH UNE, N.8925'26"W., 337.54 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1,686 SQUARE FEET OR 0.039 ACRES, MORE OR LESS
NOTES_
1. BEARINGS ARE BASED ON THE SURVEY CENTERLINE OF STATE ROAD 595, BEING ASSUMED AS N 05'56'39"E.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE -USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING
HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED
TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS
OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO
EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPP IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORID'TATUTES
NOT A SURVEY
di a.
DAN H. RIZZUTO f�•
PROFESSIONAL L SURVEYOR
LS 5227, STATE OF FLORIDA
SHEET 2 OF 2
ITEM
DATE
BY
QC
REVISE SKETCH
08-13-19
DHR
DHR
SKETCH & DESCRIPTION
07-08-19
SMW
DHR
H: \JN\4741\DWG\4741SD UTILITY.DWG
EXHIBIT "A"
PROPOSED VACATION OF A
PORTION OF A 5' U11UTY
EASEMENT
POLARIS ASSOCIATES INC
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
60' 30' 0 60'
SCALE: 1" = 60'
I I
141
I
N II
I I
QI
rn I POB
If) I NORTHWEST CORNER
OF LOT 2, SUNSET
Z I POINT SUBDIVISION
LEGEND
BNDY = BOUNDARY
COR = CORNER
OR = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R/W = RIGHT-OF-WAY
SR = STATE ROAD
US = UNITED STATES
SECTION 3, TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 4741-01
SUNNYDALE
UNE TABLE
LINE
BEARING
LENGTH
L1
N 05'57'29-E
10.07'
L2
S 00'41'12"E
10.03'
L3
N 89'23'46"W
6.33'
DRIVE
SUNNYDALE S
PLAT BOOK 31,
1
5' UTILITY EASEMENT
(TO BE VACATED)
S 89'25'26"E 369.48'
10' ALLEY
UBD IV IS IO N
PAGE 12
2
3
PER PLAT BOOK 4, PAGE 56 1 L2
-L1N 89'25'26"W 364.07'
-L3 PROPOSED 10' ALLEY VACATION PER PLAT BOOK 4, PAGE 56
2
I I
SUNI
SUNSE
3
4 5
NOT A SURVEY
SET
6
WEST 40'
OF LOT 9
9
T POINT SUBD I VI SIO N
PLAT BOOK 4, PAGE 56
POINT R O A
SHEET 1 OF 2
ITEM
DATE
BY
QC
REVISE SKETCH
08-13-19
DHR
DHP
SKETCH & DESCRIPTION
06-08-17
RED
DHR
H: \JN\4741 \DWG\4741 SD ALLEY.DWG
EXHIBIT "B"
PROPOSED VACATION OF A
PORTION OF A 10' ALLEY
poLaRN3 ASSOCIATES INC
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
SECTION 3, TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA
DESCRIPTION PROJECT NUMBER 4741-01
THAT PORTION OF THE 10 FOOT ALLEY AS SHOWN ON THE PLAT FOR SUNSET POINT SUBDIVISION AS RECORDED IN
PLAT BOOK 4, PAGE 56, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ABUTTING THE NORTH LINE OF
LOTS 2, 6, 7, 8 AND THE WEST 40 FEET OF LOT 9 OF SAID SUBDIVISION BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 2, SUNSET POINT SUBDIVISION AT THE SOUTHWEST CORNER OF SAID
ALLEY AND THE EAST RIGHT-OF-WAY LINE OF EDGEWATER DRIVE (STATE ROAD 595); THENCE ALONG THE WEST
LINE OF SAID ALLEY, N.05'57'29"E., 10.07 FEET; THENCE S.89'25'26"E., 369.48 ALONG THE NORTH LINE OF SAID
ALLEY, TO THE EAST LINE OF THE WEST 35.69 FEET OF LOT 3, SUNNYDALE SUBDIVISION AS RECORDED IN PLAT
BOOK 31, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID LINE,
S.00'41'12"E., 10.03 FEET TO THE SOUTH LINE OF SAID ALLEY AT THE EAST LINE OF THE WEST 40 FEET OF LOT 9,
SUNSET POINT SUBDIVISION; THENCE ALONG THE NORTH LINE OF SAID ALLEY, N.89'25'26"W., 364.07 FEET TO THE
EAST RIGHT-OF-WAY LINE OF EDGEWATER DRIVE (STATE ROAD 595); THENCE N.89'23'46"W., 6.33 FEET TO THE
POINT OF BEGINNING.
CONTAINING 3,709 SQUARE FEET OR 0.085 ACRES, MORE OR LESS
NOTES
1. BEARINGS ARE BASED ON THE SURVEY CENTERLINE OF STATE ROAD 595, BEING ASSUMED AS N 05'56'39"E.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE -USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING
HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED
TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS
OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO
EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORITATUTES
NOT A SURVEY
DAN H. RIZZUTO
PROFESSIONAL L SURVEYOR
LS 5227, STATE •F FLORIDA
SHEET 2 OF 2
ITEM
DATE
BY
QC
REVISE SKETCH
08-13-19
DHR
DHR
SKETCH & DESCRIPTION
06-08-17
RED
DHR
H:\JN\4741\DWG\4741 SD ALLEY.DWG
EXHIBIT
PROPOSED VACATION OF A
PORTION OF A 10' ALLEY
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
60' 30' 0 60'
SCALE: 1" = 60'
LEGEND
BNDY =
COR =
OR =
PB =
PG =
POB -
POC =
R/W =
SR =
US =
BOUNDARY
CORNER
OFFICIAL RECORDS BOOK
PLAT BOOK
PAGE
POINT OF BEGINNING
POINT OF COMMENCEMENT
RIGHT-OF-WAY
STATE ROAD
UNITED STATES
' SUNNYDALE
LII I
CO I
> I
(t
CC
SECTION 3, TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 4741-01
D
UNE TABLE
LINE
BEARING
DISTANCE
L1
$8924'24"E
51.30'
U
S00'35'29"W
6.31'
L3
$8925'26'E
1.69'
L4
S00 41'12'W
3.69'
L5
N8924'24"W
43.00'
L6
N87'41'491W
10.00'
SUNNYDALE S
PLAT BOOK 31,
1
5' UTILITY EASEMENT
UBD IVISIO N
PAGE 12
2
LOT 3
1
3
•—L2
I
I
I
1
I 1
;SUNSET
NOT A SURVEY
4
2
3
N-10. ALLEY PER PLAT
5
POC
SOUTHEAST CORNER
OF LOT 5, SUNSET
POINT SUBDIVISION
J
6
SUNS
SUBD
PLAT
BOOK 4, PAGE
7
ET PO
I VI SI
BOOK 4, PAGE
56
8
INT
ON
56
co
co
N
0 0
In
O
0_
0
a_
L
WEST 40'
OF LOT 9
►�
tri
N
9
3—
4
P01
135.99'
S 8212'27"E
NT
S 87'41.49"E
ROAD
SHEET 1 OF 2
ITEM
DATE
BY
QC
REVISE SKETCH
08-13-19
DHR
DHP
SKETCH & DESCRIPTION
07-08-19
SMW
DHR
H:\JN\4741\DWG\4741SD $ANI EASE.DWG
EXHIBIT "C"
PROPOSED 10' U11UTY
EASEMENT
POLARIS ASSOCIATES INC
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD, SUITE D
CLEARWATER, FLORIDA 33765
(727) 461-6113
SECTION 3, TOWNSHIP 29S, RANGE 15E
CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA
DESCRIPTION PROJECT NUMBER 4741-01
THAT PORTION OF SUNNYDALE SUBDIVISION AS RECORDED IN PLAT BOOK 31, PAGE 12, AND SUNSET POINT
SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 56, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 5, SUNSET POINT SUBDIVISION; THENCE ALONG THE NORTH
RIGHT-OF-WAY LINE OF SUNSET POINT ROAD, S.82'12'27"E., 135.99 FEET; THENCE S.87'41'49"E., 31.71 FEET TO
THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH RIGHT-OFOWAY UNE, N.00'41'12"E., 264.83 FEET; THENCE
S.89'24'24"E., 51.30 FEET; THENCE S00'35'29"W., 6.31 FEET; THENCE S89'25'26"E., 1.69 FEET; THENCE
S.00'41'12"W., 3.69 FEET; THENCE N.89'24'24"W., 43.00 FEET; THENCE S.00'41'12"W., 255.13 FEET TO THE
AFORESAID NORTH RIGHT-OF-WAY LINE OF SUNSET POINT ROAD; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE,
N.87'41'49"W., 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,069 SQUARE FEET OR 0.070 ACRES, MORE OR LESS
NOTES_
1. BEARINGS ARE BASED ON THE SURVEY CENTERUNE OF STATE ROAD 595, BEING ASSUMED AS N 05'56'39°E.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE -USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING
HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED
TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS
OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO
EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORID TUTES.
NOT A SURVEY
6N[i
DAN H. RIZZUTO
PROFESSIONAL LAN !'VEYOR
LS 5227, STATE OF LORIDA
SHEET 2 OF 2
ITEM
DATE
BY
QC
REVISE SKETCH
08-13-19
DHR
DHR
SKETCH & DESCRIPTION
07-08-19
SMW
DHR
H:\JN\4741\DWG\4741 SD
SANI EASE.DWG
EXHIBIT "C"
PROPOSED 10' U11UTY
EASEMENT
POLARIS ASSOCIATES INC
PROFESSIONAL SURVEYING LB 6113
2165 SUNNYDALE BOULEVARD. SUITE D
CLEARWATE R, FLORIDA 33765
(727) 461-6113