9432-20KEN BURKE, CLERKOF COURT NTY, FL
AND COMPTROLLER11:00 COUNTY,
INST# 20203T1243121101201292 PG: �-1�
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OFF REC BK RECORDING: $27.00
ORDINANCE NO. 9432-20
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A 20 FOOT DRAINAGE AND UTILITY
EASEMENT DESCRIBED AS THE NORTH 20' OF THE EAST
200' OF THE WEST 730' OF SW 1/4 OF THE NE % OF
SECTION 17, TOWNSHIP 29 S, RANGE 16 E, AS
RECORDED IN O.R. BOOK 5950, PAGE 1028 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
easement; and
WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and
utility 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:
[GM19-1313-133/261753/1] Ord. No. 9432-20
The drainage and utility described as follows:
See Exhibit "A" (represented as Exhibit "C-4" 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 drainage and utility
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.
NOV 19 2020
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL DE 0 3 2020
READING AND ADOPTED
Approved as to form:
L4/
Laura Lipowski Mahony
Senior Assistant City Attorney
[GM 19-1313-133/261753/1 ]
/7V0/A-17/
Frank Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
Ord. No. 9432-20
EXHIBIT A
NW Corner of the
SW ofthe NE
Sec 17 -29S -16E
NTS
Gulf to Bay
Gardens
Plat Book 50,
Page 60
This is not a survey
West 730'
Zg
Q • v
Gulf to Bay
Gardens
Plat Book 50,
Page 60
Legal Description
A Drainage and Utility Easement described as follows:
East 200' q
//////////
North 20'-J
ri
The North 20' of the East 200' of the West 730' of the SW 4 of the NE 4 of Section 17,
Township 29 South, Range 16 East
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit C4
Vacation of 20' Drainage and Utility Easement
O.R. 5950 PG. 1028
DWG. NO.
Lgl_2019-19
SHEET
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SEC-TWNSP-RNG 17 — 29 5 — 16 E
DATE DRAWN 12/13/2019