9436-21KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2021081155 03/12/2021 09:20 AM
OFF REC BK: 21431 PG: 1714-1719
DocType:GOV RECORDING: $52.50
ORDINANCE NO. 9436-21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CORRECTING ORDINANCE NO. 9431-20; CORRECTING A
SCRIVNER'S ERROR IN THE QUARTER SECTION CALL OF
THE LEGAL DESCRIPTION IN THE TITLE BLOCK ONLY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 9431-20, vacating portions of a 15 -foot drainage
and utility easement and a 10 -foot utility easement, as described therein, was
adopted by the City Council on December 3, 2020 (attached hereto and incorporated
herein as Exhibit "A"); and
WHEREAS, a scrivener's error was made in the title block of the ordinance
setting forth a quarter section call as the "NW' rather than the "NE", and it is
necessary to correct said scrivener's error; and
WHEREAS, proper public notice of the corrected title has been provided by
readvertisement prior to the hearing of this ordinance by City Council; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The title block attached hereto as Exhibit "B" will be deemed to
replace the title block of Ordinance 9431-20 as adopted by City Council on December 3,
2020.
Section 2. This ordinance shall take effect immediately upon adoption.
FEB 1 8 2021
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Laura Mahony
Senior Assistant City Attorney
MAR 0 1 2021
rank V. Hibbard
Mayor
Attest:
of ,,,, ,", -fl
eek\ 1
Rosemarie Call
City Clerk
Ordinance No. 9436-21
I#: 2020371242 BK: 21292 PG: 1983, 12/10/2020 at 11:00 AM, RECORDING 4 PAGES
$35.50 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY
DEPUTY CLERK: c1k102973
EXHIBIT A TO ORD# 9436-21
V\
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA\ VACATING PORTIONS OF A 15 FOOT
DRAINAGEAND ,UTILITY EASEMENT AND A 10 FOOT
DRAINAGE ANDUTILITY 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 1/4 OF THE -NE 1/4 OF SECTION 17, TOWNSHIP
29 S, RANGE 16 E; LESS THEOUTH 330', AS RECORDED
IN O.R. BOOK 4082, PAGE 117 OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
ORDINANCE NO. 9431-20
WHEREAS, the City of Clearwater ("City;) and Creative Contractors, Inc. (Creative") entered
into that certain Contract for Exchange of Real,Propeitydated 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,vacationnd
WHEREAS, the Contract also provides for three\() ditional 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 h Creative, the reserve five
(5) new easements to fulfill the needs of the City created asp 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 R',
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
PINELLAS COUNTY FL OFF. REC. BK 21292 PG 1984
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
� EARWATER, FLORIDA:
Section 1. The following:
(----
The drainage and utility easements described as follows:
See Exhibit\" (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,\whichzis\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 forein=do not occur.
2. This vacation ordinance shall be null,land void and the vacation not effective if
for any reason the City doe�� resrve.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 tely upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
\ NOV 1 9 2020
DEC 320
(7/ 1)
v
nk Hibbard
Mayor
[GM19-1313-133/26174511] GM19-1313-133/261700/1
Ord. No. 9431-20
PINELLAS COUNTY FL OFF. REC. BK 21292 PG 1985
proved as to form:
/
LauraLipowski Mahony
Senior Assistant City;Attorney
Attest:
Rosemarie CaII
City Clerk
[GM19-1313-133/261745/1] GM19-1313-133/261700/1
Ord. No. 9431-20
PINELLAS COUNTY FL OFF. REC. BK 21292 PG 1986
EXHIBIT A
C
West 730'
—NW Corner of the
SW4oftheNE4
Sec 17 -29S -16E7
West 545'
Gulf to Bay
Gardens
Plat Book 50,
Page 60
v
Legal Descr ption =-
A 15' Drainage and Utility easement de cribed
The East 15' of the West 545' of the SW of they
NE i of Section 17, Township 29 S, Range 16 E, 7
less the South 285'.
as follows:
AND
A 10' Drainage and Utility easement described
as follows: \�
The East 10' of the West 730' of the SW i of the
NE of Section 17, Township 29 S, Range 16 E,
less the South 330'.
This is not a survey
GULF TO BAY BOULEVARD
South line of the SW a of (Bight..lo-way varus)
the NE 4 Sec 17 -29S -16E
East 10'i
�-Eost 15'
South
285'
grit
W�
iouth
330'
NTS
/\\ ) 1
North Right—of—Way Line
-f /7
//
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
LgI_2019-19
��N.
—
1(/OF 1
SEC-TWNSP-RNG 17 — 29 5 — 16 E
DATE DRAWN 12/13/2019
EXHIBIT B
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 Y4 OF THE NE 1/4
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 1/4 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.