9431-20KEN BURKE, CLERK OF COURT IYOUNFL
AND COMPTROLLER PINELLAS C0 N
INST# 2020371242 12/1012020
AM
OFF REC BK: 21292 PG: 1983-1986
DocType:GOV RECORDING: 335.50
ORDINANCE NO. 9431-20
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING PORTIONS OF A 15 FOOT
DRAINAGE AND UTILITY EASEMENT AND A 10 FOOT
DRAINAGE AND UTILITY EASEMENT DESCRIBED AS THE
EAST 15' OF THE WEST 545' OF THE SW' OF THE NW
' OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E, LESS
THE SOUTH 285' AND THE EAST 10' OF THE WEST 730'
OF THE SW' OF THE NE'/ OF SECTION 17, TOWNSHIP
29 S, RANGE 16 E, LESS THE SOUTH 330', AS RECORDED
IN O.R. BOOK 4082, PAGE 117 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 three (3) additional full vacations, (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 portions of the
drainage and utility easements; and
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,
[GM19-1313-133/261745/1] GM19-1313-133/261700/1
Ord. No. 9431-20
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-3" 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.
NOV 19 2020
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL DEC 0 3 2020
READING AND ADOPTED
nk Hibbard
Mayor
[GM19-1313-133/261745/1] GM19-1313-133/261700/1
Ord. No. 9431-20
Approved as to form: Attest:
Laura Lipowski Mahony
Senior Assistant City Attorney
Rosemarie CaII
City Clerk
[GM19-1313-133/261745/1 ] GM19-1313-133/261700/1
Ord. No. 9431-20
EXHIBIT A
NW Corner of the Jo
SW4ofthe NE4
Sec 17 -29S -16E
West 730'
West 545'
Gulf to Bay
Gardens
Plat Book 50,
Page 60
Legal Description —�
A 15' Drainage and Utility easement described
as follows:
The East 15' of the West 545' of the SW of the
NE of Section 17, Township 29 S, Range 16 E,
less the South 285'.
AND
A 10' Drainage and Utility easement described
as follows:
The East 10' of the West 730' of the SW a of the
NE i of Section 17, Township 29 S, Range 16 E,
less the South 330'.
This is not a survey
South line of the SW 1 of
GULF TO BAY BOULEVARD
(Right-oI way varies)
East 10'-o--
East 15'
South
285'
South
330'
North Right—of—Way Line
the NE 4 Sec 17 -29S -16E
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Jim Benwell
CHECKED BY
Tom Mahony
Exhibit C3
Vacation of 15' & 10' Drainage and Utility
Easements, A Portion of O.R. 4082 PG. 117
DWG. NO.
LgI_2019-19
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DATE DRAWN 12/13/2019