9430-20KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2020371241 12/10/2020 11:00 AM
OFF REC BK: 21292 PG: 1979-1982
DocType:GOV RECORDING: $35.50
ORDINANCE NO. 9430-20
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A 20 FOOT DRAINAGE AND UTILITY
EASEMENT AND 15 FOOT DRAINAGE AND UTILITY
EASEMENT DESCRIBED AS THE NORTH 20' AND SOUTH
15' 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 5858, PAGE 1539 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 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
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 drainage and utility
easements; and
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Ord. No. 9430-20
WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and
utility easements 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 drainage and utility easements described as follows:
See Exhibit "A" (represented as Exhibit "C-2" in the Contract)
are 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 drainage
and utility easements, 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
Nov 19 2020
PASSED ON SECOND AND FINAL 0C 0 3 2020
READING AND ADOPTED
,794A04.40/
Frank Hibbard
Mayor
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Ord. No. 9430-20
Approved as to form: Attest:
Laurrj2aCaL
a Lipowski Mahony
Senior Assistant City Attorn
L: Li i afL L'
Rosemarie Call
City Clerk
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Ord. No. 9430-20
EXHIBIT A
POINT OF
COMMENCEMENT
NE corner of Gulf to Bay
Gardens
Gulf to Bay
Gardens
Plat Book 50,
Page 60
N7$
POINT OF
BEGINNING
S 89° 57'24"E 200.00'
S 89° 57'24"E 100.00' j
North 20'
N 00°20' 15"W 300.00'
S 00°20' 15"E 300.00'
1
N89°57'24"W 100.00'
South 15'
This is not a survey
Legal Description
Drainage and Utility Easements described as follows:
The North 20' and South 15' 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
300.00' to the Point of Beginning.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Jim Benwell
CHECKED BY
Tom Mahony
Exhibit C2
Vacation of 20' & 15' Drainage and Utility
Easements, O.R. 5858 PG. 1539
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DATE DRAWN 12/12/2019
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