9907-26Docusign Envelope ID: BDFA397B-3640-8E21-82FF-1152571F11B8
ORDINANCE NO. 9907-26
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING CITY RIGHT-OF-WAY MORE PARTICULARLY
DESCRIBED AS THE SOUTHERN PORTION OF GARDEN
AVENUE ABUTTING LOTS 6-11, TOGETHER WITH THAT
PORTION OF THE ABUTTING VACATED 15 FOOT ALLEY
LYING BETWEEN LOTS 10 AND 11 OF THE COURT SQUARE
SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 53 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
PROVIDING CONDITIONS; PROVIDING SEVERANCE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Church of Scientology Flag Service Organization Incorporated (the
"Applicant") has submitted an application to vacate certain right-of-way interests, which are
held by the City of Clearwater (the "City"); and
WHEREAS, the Applicant is proposing a development project as defined in planning
case FLS2026-04022 (the "Development"), and the City Council finds that the public interest
is served in facilitating this Development by vacating this right-of-way; and
WHEREAS, the City Council finds that, if the Development is constructed as proposed
by the Applicant, then the City's interests in the right-of-way, as more particularly described
herein and shown in Exhibit A, are no longer 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 and
abandoned; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The portion of right-of-way is more particularly described in the attached
sketch, which is incorporated herein as Exhibit A (the "Right -of -Way").
See Exhibit "A"
The Right -of -Way will be hereby vacated, closed, and abandoned, and the City of
Clearwater hereby renounces, relinquishes, and disclaims all rights, title, and interest thereto
upon the occurrence of the conditions in Section 2.
Section 2. This vacation will be subject to the occurrence of the following conditions
precedent:
1
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2026172571 06/26/2026 03:50 PM
OFF REC BK: 23607 PG: 1842-1845
DocType:GOV RECORDING: $35.50
Ordinance No. 9907-26
Docusign Envelope ID: BDFA397B-3640-8E21-82FF-1152571 F11 B8
1. The Applicant shall obtain a Certificate of Occupancy for the primary
structure of the Development within six (6) years of the execution of this
Ordinance.
2. The Applicant shall execute and return to the City within thirty(30)calendar
days of request, any new easements as necessary to accommodate new
or existing public utilities as appropriate.
3. The Applicant will be responsible for the reasonable relocation of utilities
within the Right-of-Way upon the request of and at no expense to the City.
4. The Applicant will comply with the requirements of City Code § 30.095(4).
Section 3. The City may continue full use of the Right-of-Way, including the collection
of parking revenue, until such time as the City issues a right-of-way permit as needed for
the construction of the Development. The City shall not issue or be required to issue the
right-of-way permit until the City has issued building permits authorizing construction
supporting the Development.
Section 4. The City Clerk shall record this Ordinance in the Public Records of Pinellas
County, Florida, following adoption.
Section 5. This Ordinance shall be severable should any section, paragraph or
provision hereof be declared by the courts to be unconstitutional or invalid, and such holdings
shall not affect the remaining validity of this Ordinance as a whole or any part thereof.
Section 6. This Ordinance shall take effect immediately upon adoption and shall
remain in effect unless the conditions described herein are not satisfied.
PASSED ON FIRST READING June 4, 2026
PASSED ON SECOND AND FINAL
READING AND ADOPTED June 18, 2026
Lned by:
lac, br
fir.,....
32;j— n
Bruce Rector
Mayor
2
Ordinance No. 9907-26
Docusign Envelope ID: BDFA397B-3640-8E21-82FF-1152571 F11 B8
Approved as to form: Attest: as
SignedbY; QocuSignedby;
C,V
+ r � E
N�P YY1 Cl/F(G
5255A257BEOF413._. '
Owen Kohler Rosemarie Call
Interim City Attorney City Clerk
3
Ordinance No. 9907-26
Docusign Envelope ID: BDFA397B-3640-8E21-82FF-1152571 F11 B8
Franklin Street
(60' R/W)
Lot 40 Lot 39 Lot 6 Lot 1
C7
a
9 0 9
n
Lot 41 0 Lot 38 Lot 7 Lot 2
i
Lot 42 Q Lot 37 Lot 8 Lot 3
CD
a' LD N. T.S.
-0o >
Lot 43Lot 36 0 Lot 9 Lot 4
r
Court Square Subdivision
P.B. 5 P.G. 53
Lot 44 Lot 35 Lot 10 Lot 5
(Vacated Alley) O.R. 11746 P.G.595
*44% Haven Street(VAC)
O.R.20070 P.G.2537
Proposed Right of Lot 11 t Lot 12 t Lot 13 t Lot 14
Lot 34 Way Vacation
Court Street
(100' RM)
Legal Description
Legal Description:
A proposed Right-of-Way Vacation more particularly described as follows:
All of the right-of-way of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15 foot
alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public
Records of Pinellas County. Containing 0.65 Acres ±
This is not a survey
CITY OF CLEARWATER ONO.NO. SHEET
DEPARTMENT OF PUBLIC WORKS- L91_2024-15 1 OF 1
ENGINEERING Exhibit A SECT-TWNSP-RNG 16 - 29S - 15E
DRAWN BY CHECKED BY
NF TM DATE DRAWN 11/27/2024
Docusign Envelope ID: BDFA397B-3640-8E21-82FF-1152571FI1B8
ORDINANCE NO. 9907-26
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2026178676 07/02/2026 03:30 PM
OFF REC BK: 23615 PG: 1433-1436
DocType:GOV RECORDING: $35.50
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING CITY RIGHT-OF-WAY MORE PARTICULARLY
DESCRIBED AS THE SOUTHERN PORTION OF GARDEN
AVENUE ABUTTING LOTS 6-11, TOGETHER WITH THAT
PORTION OF THE ABUTTING VACATED 15 FOOT ALLEY
LYING BETWEEN LOTS 10 AND 11 OF THE COURT SQUARE
SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 53 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
PROVIDING CONDITIONS; PROVIDING SEVERANCE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Church of Scientology Flag Service Organization Incorporated (the
"Applicant") has submitted an application to vacate certain right-of-way interests, which are
held by the City of Clearwater (the "City"); and
WHEREAS, the Applicant is proposing a development project as defined in planning
case FLS2026-04022 (the "Development"), and the City Council finds that the public interest
is served in facilitating this Development by vacating this right-of-way; and
WHEREAS, the City Council finds that, if the Development is constructed as proposed
by the Applicant, then the City's interests in the right-of-way, as more particularly described
herein and shown in Exhibit A, are no longer 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 and
abandoned; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The portion of right-of-way is more particularly described in the attached
'sketch, which is incorporated herein as Exhibit A (the "Right -of -Way").
See Exhibit "A"
The Right -of -Way will be hereby vacated, closed, and abandoned, and the City of
Clearwater hereby renounces, relinquishes, and disclaims all rights, title, and interest thereto
upon the occurrence of the conditions in Section 2.
Section 2. This vacation will be subject to the occurrence of the following conditions
precedent:
1
Ordinance No. 9907-26
Docusign Envelope ID: BDFA397B-3640-8E21-82FF-1152571F11B8
1. The Applicant shall obtain a Certificate of Occupancy for the primary
structure of the Development within six (6) years of the execution of this
Ordinance.
2. The Applicant shall execute and return to the City within thirty (30) calendar
days of request, any new easements as necessary to accommodate new
or existing public utilities as appropriate.
3. The Applicant will be responsible for the reasonable relocation of utilities
within the Right -of -Way upon the request of and at no expense to the City.
4. The Applicant will comply with the requirements of City Code § 30.095(4).
Section 3. The City may continue full use of the Right -of -Way, including the collection
of parking revenue, until such time as the City issues a right-of-way permit as needed for
the construction of the Development. The City shall not issue or be required to issue the
right-of-way permit until the City has issued building permits authorizing construction
supporting the Development.
Section 4. The City Clerk shall record this Ordinance in the Public Records of Pinellas
County, Florida, following adoption.
Section 5. This Ordinance shall be severable should any section, paragraph or
provision hereof be declared by the courts to be unconstitutional or invalid, and such holdings
shall not affect the remaining validity of this Ordinance as a whole or any part thereof.
Section 6. This Ordinance shall take effect immediately upon adoption and shall
remain in effect unless the conditions described herein are not satisfied.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
2
June 4, 2026
June 18, 2026
�U
Signed by:
v ,t, Or
D5Rro0aa22o71rD...
Bruce Rector
Mayor
Ordinance No. 9907-26
Docusign Envelope ID: BDFA397B-3640-8E21-82FF-1152571F11B8
Approved as to form:
Signed by:
LO1AitIA, %b(.�,u
5255A257BE0F413...
Owen Kohler
Interim City Attorney
3
Attest:
DocuSlgned by: /1
Rosemarie CaII
City Clerk
Ordinance No. 9907-26
Docusign Envelope ID: BDFA397B-3640-8E21-82FF-1152571F11B8
Lot 40
Lot 41
♦
Franklin Street
(60' RNV)
Lot 39
Lot 38
Lot 37
Lot 36
Lot 35
Haven Street (VAC)
O.R. 20070 P.G. 2537
Lot 34
Proposed Right of
Way Vacation
Court Street
(100' R/W)
Lot 6
Lot 7
Lot 8
Lot 1
Lot 2
Lot 9 Lot 4
1 1
Court Square Subdivision
P.B. 5 P.G. 53
Lot 10
Lot 5
(Vacated Alley) O.R. 11746 P.G. 595
Lot 11 1 Lot 12 Lot 13 I Lot 14
Legal Description
.11, WEND
N.T.S.
Legal Description:
A proposed Right -of -Way Vacation more particularly described as follows:
All of the right-of-way of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15 foot
alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public
Records of Pinellas County. Containing 0.65 Acres ±
This is not a survey
CITY OF CLEARWATER
DEPARTMENT OF PUBLIC WORKS -
ENGINEERING
DRAWN BY
NF
CHECKED BY
TM
Exhibit A
DWO. NO.
Lg1_2024-15
SECT-TWNSP-RNG 16
DATE DRAWN
SHEET
1 OF 1
29S - 15E
11 /27/2024