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9455-21KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2021241669 07/23/2021 08:42 AM OFF REC BK: 21639 PG: 1173-1178 DocType:GOV RECORDING: $52.50 ORDINANCE NO. 9455-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A SIXTY FOOT RIGHT OF WAY EASEMENT AS RECORDED IN O.R. BOOK 3875, PAGE 36, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit "A" attached hereto, has requested that the City vacate said right of way easement; and WHEREAS, as a condition to the vacation, the City will require that the owner grant a new drainage and utility easement in place of the vacated 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" is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. The property owner will grant to the City of Clearwater, Florida, a Drainage and Utility Easement over, under, across, and through the real property described in Exhibit "B", (attached hereto and incorporated herein) as deemed acceptable to the City of Clearwater, for installation and maintenance of all utilities therein by the City of Clearwater. Ord. No. 9455-21 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 JUN 1 7 2021 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: YI L(t� Laura Lipowski Mahony Senior Assistant City Attorney JUL 1 5 2021 Frank Hibbard Mayor Attest: Rosemarie Call City Clerk Ord. No. 9455-21 EXHIBIT A �t) r v N MOM POC SW COR, SEC 20 L1 O N O LgJ N w'^ W • 1"' z w z STEAK 'N SHAKE, INC OR 9842, PG 1005 SECTION 20, TOWNSHIP 29S, RANGE 16E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 4552-01 BAY ARISTOCRAT VILLAGE MOBILE HOME PARK S89'26'50"E 885.03' 60' EASEMENT/RIGHT-OF-WAY OR 3875, PG 36 OR 3856, PG 824 POB N897650W 885.03' CLEARWATER CAY HOLDINGS LLC OR 17648, PG 1748 SOUTH LINE SEC 20 NORTH LINE, SEC 29 NOT A SURVEY 0 50 100 SCALE : 1 "=100' LE GE ND BAY ARISTOCRAT VILLAGE MOBILE HOME PARK S89'26'50"E 885.03' Z 60' EASEMENT/RIGHT-OF-WAY 1 J OR 3875, PG 36 J U OR 3856, PG 824 E N89'26'50"W 885.03' W CLEARWATER CAY HOLDINGS LLC OR 17648, PG 1748 COR = CORNER CPB = CONDOMINIUM PLAT BOOK OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG(S) = PAGE(S) POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT-OF-WAY SR = STATE ROAD I- Q 02� <0N Z 0 m8d Z U N < w Q 0 LINE TABLE LINE BEARING LENGTH L1 S89'19'48"E 100.01' L2 N01'26'21 "E 60.01' L3 S01'26'21 "W 60.01' MATCH LINE SHEET 1 OF 2 ITEM DATE BY QC REVISE SKETCH 10-17-16 DHR DHP SKETCH & DESCRIPTION 10-03-16 JT DHR H: \JN\4552\DWG\4552501 VAC.DWG CLEARWATER CAY EASEMENT VACATION O.R 3875, PAGE 36 POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113 SECTION 20, TOWNSHIP 29S, RANGE 16E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 4552-01 DESCRIPTION A PARCEL OF LAND IN SECTION 20, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SECTION 20, 5.89'19'48"E., 100.01 FEET, TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE ALONG SAID EAST RIGHT OF WAY LINE, N.01'26'21"E., 1070.55 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE, N.0126'21"E., 60.01 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE, S.89'26'50"E., 885.03 FEET; THENCE S.01'26'21"W., 60.01 FEET; THENCE N.89'26'50"W., 885.03 FEET TO THE POINT OF BEGINNING. CONTAINING 1.219 ACRES, MORE OR LESS. NOTES 1. BEARINGS ARE BASED ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19, SAID LINE BEING ASSUMED AS N01'26'21"E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE -USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CERTIFICATION 1 HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. NOT A SURVEY ad„,_ DAN H. RIZ PROFESSIO r LAND SURVEYOR LS 5227, STATE OF FLORIDA SHEET 2 OF 2 ITEM DATE BY QC SKETCH & DESCRIP11ON 10-03-16 JT DHR H: \JN\4552\DWG \4552SD1 VAC.DWG CLEARWATER CAY EASEMENT VACATION O.R. 3875, PG 36 POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113 EXHIBIT B I0 In v STEAK 'N SHAKE, INC OR 9842, PG 1005 SECTION 20, TOWNSHIP 29S, RANGE 16E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 4552-01 BAY ARISTOCRAT VILLAGE MOBILE HOME PARK S89'26'50"E 885.03' N O 0 w N O cV O Z 1- cn w POC SW COR, SEC 20 L1 L7 u2k L5 POB 60' EASEMENT/RIGHT—OF—WAY OR 3875, PG 36 OR 3856, PG 824 N 8926'50"W 732.50' CLEARWATER CAY HOLDINGS LLC OR 17648, PG 1748 U J J Ma_ C 1-c0 N coctco 0) (O D SOUTH LINE SEC 20 NORTH LINE, SEC 29 NOT A SURVEY 0 50 100 SCALE: 1"=100' BAY ARISTOCRAT VILLAGE MOBILE HOME PARK S89'26'50"E 885.03' W N 8926'50"W 732.50' 0 J 1 Q L m 60' EASEMENT/RIGHT—OF—WAY OR 3875, PG 36 OR 3856, PG 824 CLEARWATER CAY HOLDINGS LLC OR 17648, PG 1748 LEGEND COR = CORNER CPB = CONDOMINIUM PLAT BOOK OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG(S) PAGE(S) POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT-OF-WAY SR = STATE ROAD SEC = SECTION J i Q 0Z,- I <0 JIn W Z 0 m O O_ 0=Oi Z 0 N < m 1 W Q U LINE TABLE LINE BEARING LENGTH L1 S8919'48"E 100.01' L2 N01'26'21 "E 30.00' L3 S01'26'21 "W 60.01' L4 N00'33' 10"E 5.00' L5 N89'26'50"W 70.00' L6 S 00'33'10"W 5.00' L7 N89'26'50"W 62.50' L8 N01'26'21 "E 30.00' L9 N89'26'50"W 20.03' MATCH LINE SHEET 1 OF 2 ITEM DATE BY QC REVISE DESCRIPT1ON 09-03-20 DHR DHP SKETCH & DESCRIPTION 06-05-20 SMW DHR H:\JN\4552\DWG\4552SD1 VACRE V2.DWG DRAINAGE & UTILITY EASEMENT POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113 SECTION 20, TOWNSHIP 29S, RANGE 16E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 4552-01 DESCRIPTION A PARCEL OF LAND IN SECTION 20, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SECTION 20, 5.8919'48"E., 100.01 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE ALONG SAID EAST RIGHT OF WAY LINE, N.01'26'21 "E., 1100.56 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE, N.01'26'21 "E., 30.00 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE, S.8926'50"E., 885.03 FEET; THENCE S.01'26'21"w., 60.01 FEET; THENCE N.89'26'50"W., 20.03 FEET; THENCE N.01'26'21"E., 30.00 FEET; THENCE N.8926'50"W., 732.50 FEET; THENCE N.00'33'10"E., 5.00 FEET; THENCE N.89'26'50"W., 70.00 FEET; THENCE S.00'33'10"W., 5.00 FEET; THENCE N.89'26'50"W., 62.50 FEET TO THE POINT OF BEGINNING. CONTAINING 0.615 ACRES, MORE OR LESS. NOTES 1. BEARINGS ARE BASED ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19, SAID LINE BEING ASSUMED AS N01'26'21 "E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE -USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. Digitally signed by Dan Rizzuto Date: 2021.03.26 10:28:40 -04'00' NOT A SURVEY DAN H. RIZZUTO PROFESSIONAL LAND SURVEYOR LS 5227, STATE OF FLORIDA SHEET 2 OF 2 ITEM DATE BY QC REVISE DESCRIPTION 09-03-20 DHR DHR SKETCH & DESCRIPTION 06-05-20 S MW DHR H: \JN \4552 \DWG \4552S D1 VACRE V2.DWG DRAINAGE & U11UTY EASEMENT POI..ARI►S ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727) 461-6113