9429-20KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2020371240 12/10/2020 11:00 AM
OFF REC BK: 21292 PG: 1975-1978
DocType:GOV RECORDING: $35.50
ORDINANCE NO. 9429-20
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A 30 FOOT RIGHT-OF-WAY
EASEMENT DESCRIBED AS THE SOUTH 280' OF THE
EAST 30' OF THE FOLLOWING DESCRIBED TRACT:
COMMENCE AT THE NE CORNER OF GULF TO BAY
GARDENS AS RECORDED IN PLAT BOOK 50, PAGE 60,
PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA; RUN
THENCE S 89° 57' 24" E, A DISTANCE OF 200.00' TO THE
POINT OF BEGINNING; THENCE S 89° 57' 24" E, A
DISTANCE OF 100.00', THENCE S 00° 20' 15" E, A
DISTANCE OF 300.00', THENCE N 89° 57' 24" W, A
DISTANCE OF 100.00', THENCE N 00° 20' 15" W, A
DISTANCE OF 300' TO THE POINT OF BEGINNING, AS
RECORDED IN O.R. BOOK 5870, PAGE 761 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater ("City") and Creative Contractors, Inc. (Creative") entered
into that certain Contract for Exchange of Real Property dated January 21, 2020 and that certain
First Amendment to Contract for Exchange of Real Property dated April 20, 2020, (collectively the
"Contract", a copy of which is on file and available in the City of Clearwater Official Records and
Legislative Department) which provides for the subject vacation; and
WHEREAS, the Contract also provides for two (2) additional full vacations and one (1) partial
vacation, (all four (4) vacations collectively referred to as the "Vacations") which will be considered
by Council of even date herewith; and
WHEREAS, the Contract also provides that in its deed to Creative, the City will reserve five
(5) new easements to fulfill the needs of the City created as a result of the Vacations (the
"Reservations"); and
WHEREAS, the Vacations and Reservations are conditioned upon the closing of the
Contract and the related conveyances of real property as provided for therein; and
[GM 19-1313-133/261736/1 ] GM 19-1313-133/261695/1
Ord. No. 9429-20
WHEREAS, the City, owner in fee title of real property described and depicted in Exhibit "A",
attached hereto, and incorporated herein, finds it appropriate to vacate said right-of-way easement;
and
WHEREAS, the City Council of the City of Clearwater, Florida finds that said right-of-way
easement 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; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
The right-of-way easement described as follows:
See Exhibit "A" (represented as Exhibit "C-1" in the Contract)
is hereby vacated, closed and released, subject to the City of Clearwater's fee interest in
the underlying land, which is expressly reserved and unaffected by this vacation. Further,
the City of Clearwater releases all of its right, title, and interest to the right-of-way
easement, contingent upon, and subject to, the following conditions precedent:
1. This vacation ordinance shall be rendered null and void and the vacation not
effective if for any reason the closing on the Contract and the exchange of real
property as provided for therein do not occur.
2. This vacation ordinance shall be null and void and the vacation not effective if
for any reason the City does not reserve the new easements as provided for in
the Contract.
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
PASSED ON SECOND AND FINAL
READING AND ADOPTED
[GM 19-1313-133/261736/1 ]
NOV 19 2020
DEC 0 3 2020
Frank Hibbard
Mayor
GM 19-1313-133/261695/1
Ord. No. 9429-20
Approved as to form:
1
Laura Lipowski Mahony
Senior Assistant City Attorney
Attest:
Rosemarie CaII
City Clerk
[GM 19-1313-133/261736/1 ] GM 19-1313-133/261695/1
Ord. No. 9429-20
EXHIBIT A
POINT OF
COMMENCEMENT
NE corner of Gulf to Bay
Gardens
Gulf to Bay
Gardens
Plat Book 50,
Page 60
N7'$ I
POINT OF
BEGINNING
S 89°57'24"E 200.00'
This is not a survey
S 89° 57'24"E 100.00'
East 30'
N 00°20' 15" W 300.00'
N89°57'24"W 100.00'
Legal Description
A 30' Right -of -Way Easement described as follows:
The South 280' of the East 30' of the following described tract:
S 00°20' 15"E 300.00'
1
Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County
Florida; run thence S 89° 57' 24" E, a distance of 200.00' to the Point of Beginning; thence S 89° 57' 24" E, a distance of 100.00';
thence S 00° 20' 15" E, a distance of 300.00'; thence N 89° 57' 24" W, a distance of 100.00'; thence N 00° 20' 15" W, a distance of
300.00' to the Point of Beginning.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Jim Benwell
CHECKED BY
Tom Mahony
Exhibit C1
Vacation of 30' Right -of -Way Easement
O.R. 5870 PG. 761
DWG. NO.
Lg1_2019-19
SEC-TWNSP-RNG 17
DATE DRAWN
SHEET
1 OF 1
— 29S — 16E
12/13/2019