9609-22DocuSign Envelope ID: 2CB27D6E-8C97-4969-B2D7-BBC115CEE7F9
ORDINANCE NO. 9609-22
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THAT CERTAIN PORTION OF A 28 -
FOOT -WIDE ALLEY RIGHT-OF-WAY LYING WEST OF
LOTS 20, 19, 18, 17 AND 16 OF BLOCK B, BEING
DESCRIBED IN THE PLAT TITLED "JOHN R. DAVEY, ET.
AL. RESUBDIVISION" LOCATED IN PLAT BOOK 1, PAGE 87
OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY,
FLORIDA, OF WHICH PINELLAS COUNTY, FLORIDA WAS
FORMERLY A PART; SUBJECT TO CERTAIN CONDITIONS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner in fee title of the real property described and depicted in
Exhibit "A", attached hereto and incorporated herein, (the "Property"), has requested that
the City vacate a 28 -foot -wide platted alley right-of-way lying therein, subject to conditions
as further described below; and
WHEREAS, the City of Clearwater ("City"), Duke Energy Florida, LLC, d/b/a Duke
Energy ("Duke"), including successors, and Frontier Communications, Inc. ("Frontier"),
each have utilities lying within the Property and each desires sufficient easements for
continued use, maintenance, repair, and replacement of said utilities infrastructure; and
WHEREAS, the City desires to reserve a pedestrian ingress and egress easement
over the Property in favor of the general public; and
WHEREAS, the City Council of the City of Clearwater, Florida ("City") finds that said
right-of-way described herein and depicted in Exhibit "A" is not necessary for use as public
right-of-way, other than as provided for below, 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 right-of-way described as follows:
See Exhibit "A"
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 202231395210126/2022 03:51 PM
OFF REC BK: 22245 PG: 795-798
DocType:GOV RECORDING: $35.50
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:
[RE22-1313-178/295010/1] 1
Ord. No. 9609-22
DocuSign Envelope ID:2CB27D6E-8C97-4969-B2D7-BBC115CEE7F9
1. The City hereby reserves and retains a Pedestrian Ingress and Egress Easement
over, across, and through the entire Property in favor of the general public.
2. The City hereby reserves and retains a non-exclusive Blanket Utility Easement in
favor of the City for the continued use, installation, maintenance, repair, and
replacement of any and all City utility infrastructure over, across, under and
through the entire Property and necessary ingress and egress related thereto.
3. Non-exclusive Public Utility Easements are hereby reserved and retained in favor
of Duke Energy and Frontier, respectively, consistent with each party'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 applicable reserved
easements ever be determined to be legally insufficient for the matters reserved,
Owner shall grant recordable easements to the City, Duke Energy, and Frontier,
respectively. Said easements shall be recorded as Official Records with the
Pinellas County Clerk of the Circuit Court as a pre-requisite to this vacation
becoming effective.
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:
Frank Hibbard
Mayor
DS
Approved as to form: Attest:
DocuSigned by: DocuSigned by:
tAW& � Lau
Laura Mahony Rosemarie Call
Senor Assistant City Attorney City Clerk
[RE22-1313-178/295010/11 2
Ord. No. 9609-22
DocuSign Envelope ID:2CB27D6E-8C97-4969-B2D7-BBC115CEE7F9
L - - I LL J
Alley 17-R/W — -
- - -F—T
Lot 8 I I Lot 23
Vacated Alley
Per OR Lot 9 Lot 22
17754-1270
N.T.S.
Lot 10 I I Lot 21
C ^ I Lot 20 I
a I Lot 11 --- _-- C
.�
in
a
Lot 12 Lot 19 I C
84
y I
y
Lot 13 Lot 18
_
. --- I li
ALot 14 Lot 17 I N
Lot 15 Lot 16
Pierce Street
40'RNV
This is not a survey
CITY OF CLEARWATER
DWG. SHEET
Exhibit A L91 2022-14 1 OF 2
ENGINEERING DEPARTMENT 28' platted Alley SECT-TWNSP-RNG 16 - 29S - 15E
DRAWN BY CHECKED BY
JAB TLM Right-Of-Way Vacation DATE DRAWN 06/15/2022
DocuSign Envelope ID:2CB27D6E-8C97-4969-B2D7-BBC115CEE7F9
Exhibit A
Legal description
28' Alley Vacation described as follows:
All of that certain 2 'wide alley lying west of Lots 20,19,1 ,17 and 16 of
Block B, parcels depicted in the plat title "John R. Davey, et al -
subdivision" in Plat Book 1, page 87 of the Public Records of
Hillsborough County, FI, of which Pinellas County was formerly a part.
I have prepared the above legal description this 24th day of April, 2022.
My Florida Licensed Professional Land Surveyor # is L06 .
R. Mark it f r
Page 2 of 2