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9633-22DocuSign Envelope ID: 695CF22B-DA3C-42C6-8D9D-5349E5D301E13 ORDINANCE NO. 9633-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE SOUTH 5 FEET OF THE 10 - FOOT -WIDE PLATTED UTILITY AND DRAINAGE EASEMENT, LOCATED ON LOT 50, COUNTRYSIDE TRACT 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 78, PAGES 57-58, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 5 FEET THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit "A" (attached hereto and incorporated herein), has requested that the City vacate said utility and drainage easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility and drainage 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: A utility and drainage easement described as follows: See Exhibit "A" KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 202231395410/2612022 03:51 PM OFF REC BK: 22245 PG: 802-804 DocType:GOV RECORDING: $27.00 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. Spectrum has no objections provided applicant bears the expense for relocation of any Spectrum facilities to maintain service to customers affected by the proposed vacation. Therefore, an easement for Spectrum is hereby reserved and retained in favor of Spectrum, consistent with Spectrum's conditional Letter of No Objection to this vacation, and any vested rights of occupation, use and access in existence at the Effective Date of this ordinance, including any rights vested under any valid franchise agreement between each party and the City or its use of City rights-of-way then in existence. Should the applicable reserved easement ever be determined to be legally insufficient for the matters reserved, Owner shall grant a recordable easement to the Spectrum. Said easement shall be recorded as Official Records with the Pinellas County Clerk of the Circuit Court. [RE15-1313-080/295332/1] Ord. 9633-22 DocuSign Envelope ID:695CF22B-DA3C-42C6-8D9D-5349E5D301 EB 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. October 6, 2022 PASSED ON FIRST READING PASSED ON SECOND AND FINAL October 20, 2022 READING AND ADOPTED DocuSigned by: e Frank Hibbard Mayor DS Approved as to form: Attest: DocuSigned by: DocuSigned by: ocu tNl.a6" F� Lau Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk [RE15-1313-080/295332/1] Ord. 9633-22 DocuSign Envelope ID:695CF22B-DA3C-42C6-8D9D-5349E5D301 EB N SKETCH OF DESCRIPTION 11 E S SCALE:1"=20' 5690 39'47"ff — — — — - - 5'UTILITY�DRAINAGE EASEIVEN_ - — — — — — — — — — — — — — — — - - o N690 39'47"W PARALLEL TO NORTH LINE LOT 50 C-) WEST LINE LOT 50 SURVEYOR'S CERTIFICATION: YffTC`T1 Of Dt5CR1fTl0N I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE F.0.C. AS OUTLINED I N CHAPTER 5J-17!051&5J-17.052 OF THE FLORIDA ADMINISTRATIVE CODE, SOUTHWESTPURSUANT TO SECTION 472.027.FLORIDA STATUTES,AND THAT THE ELECTRONIC SIGNATURE AND SEAL HEREON NIEETS PROCEDURES AS SET FORTH IN CHAPTER 5J-17.062.PURSUANT TO CORNER SECTI ON 472.025,FLO RJ DA STATUTES. 0 LOT 50 Digitally signed by LEGAL DESCRIPTION: Andrew A 5'UTILITY&DRAINAGE EASEMENT LOCATED IN LOT 50,COUNTRYSIDE TRACT 5,PLAT BOOK 78,PAGES 57 AND 58,PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,MORE PARTICULARLY DESCRIBED AS: Snyder Date: 2022.09.09 COMMENCING AT THE SOUTHWEST CORNER 01 SAID LOT 50,-HENCE 400'20'13"E,ALONG THE WEST LINE OF LOT 50,A DISTANCE OF 100.00 FEET,70-HE 10:11:42 POINT OF BEGINNING;THENCE CONTINUE N00'20'13"E,ALONG THE WEST LINE OF LOT 50,A DISTANCE OF 5.00 FEET;THENCE S89`39'471,ADISTANCE OF -04'00' 65.80 FEET;THENCE S11°26'51"IA/A DISTANCE OF 5.10 FEET;THENCE N89'39'471A/ALONG A LINE PARALUELTO THE NORTH LINE OF LOT 50,A DISTANCE OF SIGNED: DATE, 08.15.22 64.82 FEET TO THE POINT OF BEGINNING. ANDREW SNYDER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION No.5639(NOT VALID WITHOUT THE SAID LANDS LYING IN PINELLAS COUNTY,FLORIDA;CONTAINING 326 SQ.1 7(0,007 AC.)MORE OR LESS. SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDALICENSED SURVEYOR AND MAPPER SHOWN ABOVE) This sketch and Je5crirtior has been 155UCd by the fonowinq LEGEND: arotec 5urveyrn�j7 offi(fe; P.O.B.-POINT OF BEGINNING 700 West Hillsboro Boulevard,Suite 4-100 P.0.C.-POINT OF COMMENCEMENT P.B.-PLAT BOOK LA NVD rE(.iil Deerfield Beach, FL 33441 P.G -PAGE Office: (561)367-3587 S U R V Y I N G Fax: (561)465-3145 Proudly Serving Florida's Land Title&Real Estate Industries www.LandtecSurvey.com LB ft 8007 -.. mea.vurago &-tterf