Loading...
5266-920 0, ORDINANCE NO. 5266-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PORTIONS OF FIFTH AVENUE SOUTH AND CHAUTAUQUA AVENUE (FORMERLY MAIN STREET), LYING WITHIN SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, SUBJECT TO CERTAIN WATER AND SEWER EASEMENTS RETAINED BY THE CITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been requested by Dimmitt Chevrolet, Inc., Larry Dimmitt Cadillac, Inc. and Richard R. Dimmitt (the Dimmitts), owners of certain real property located in the City of Clearwater, that the City vacate the rights-of- way described herein; and WHEREAS, the City Commission finds that said right-of-ways are not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The portions of the right-of-way of Fifth Avenue South and Chautauqua Avenue (formerly Main Street) as shown on the plats of Chautauqua Unit No. 1, Section A, and Chautauqua Unit No. 3, Section A, subdivisions (recorded at Plat Book 9, Pages 52 and 146, respectively, of the Official Records of Pinellas County, Florida), as more particularly described in Exhibits A and B attached hereto will be vacated, closed and released, and the City of Clearwater will quitclaim and release all of its right, title and interest thereto, contingent upon the following conditions in accordance with Paragraph 8 of the agreement between the City and the Dimmitts dated June 10, 1992, regarding the subject vacation and the paving and realignment of Third Avenue South (the "Agreement": (a) Dimmitt executing the legal documents as set forth in Paragraphs 2 and 3 of the Agreement and delivering said documents in escrow as provided in Paragraph 7 of the Agreement; (b) Pinellas County's vacation of Fourth Avenue South and acceptance of the proposed realignment of Third Avenue South; and (c) The Third Avenue South road improvements and realignment between U. S. 19 and Chautauqua Avenue being constructed, completed and accepted by the City of Clearwater and the appropriate regulatory agencies which have issued construction permits. Section 2. The City of Clearwater reserves a 20-foot sanitary sewer easement and a 15-foot water easement over the property, each centered over existing sanitary sewer and water lines, respectively. Section 3. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following compliance with the contingencies set forth in Section 1 above. The recording by the City Clerk of this ordinance shall be conclusive evidence of the full satisfaction of all of the contingencies set forth in Section 1 above. 5,4? - -7 a ' : ?a '?` <'r >y?+Y S 6, r '???fi• }'Ja ..... -,. .? H:• fr n ' ,`y.y[?1`,'y'Tt •? .?s"Ak+}'1. ?.+?{?YR ???. '+?t. •;? '•-+••' ?.ttlly?• n•gtf>"i"^J 1. q „:-'' a`wik•+' a; stir}],,??`••?,>?4 ` •':..:,;?......, `. 5..•., g`?1; ? ! '?"; ` t r % ..- .. - ... ...• 4 . , _ . .f . ?G ? -•?,}l: ?t?4r>f +;•. i ?`.. i ? ; r?: : ?? 6 2. '#r ?r ? ? . . , • F' F5 j' Section 4. This ordinance shall take effect immediately upon adoption, f; PASSED ON FIRST READING September 3, 1992 l PASSED ON SECOND AND FINAL READING AND ADOPTED Saptember 17. 1992 • _ , _ f'r, r ;f Approved as to form and and correctness: M. A. Gal raft r. City Attorney T? . S• =fs f 1 1 a Garvey Mayor-Commissioner Attest: Cyn i a E. Goii eau Cit Clerk ti I 1 1 f k r i i r{ • •F E' rr r 1„ V /Q?GT?r ,did ule US 4116HWAV /4 p/M?tf1T r G1D/GG'IC VACAret? ?J ?! ? ! Rte. 6oJ 7, fY. Zo33 v' Af41N it , to V) tip, /Z or-gm gn I ?• cy)? ?q era > +r b LECE110 !- 11 DENOTES 110111: k S DEIIOIE5 SOU 111 till y? E DEUOIES EAST 13111? XXI 4Cr1101ES DEGREE Fy qq u XX' DENOTES MITIUIES WIT: BEADUlGS VT XX" UENDIES SECOIIOS WITH BEARINGS r.0.0. DENOTES PONT OF BEGk1N111G •c. DEIIOTES AC:ES v re r.0.c. DENUIES rOI1T OF COMMElICEMEIIT -11 DEIIOIES OniGi FFICIAL I ECORD • 00. DENOTES DEED BOOK 7 11O1ES r 0 The +I.Fch +he.n hereon I. Far Inlermollonal purposes onl .rlorm.i M the FLU. rrs d l l J I • r p r ev ep c t oho h net Inl•nJ. 2.) 16e 0-11ch eha.n hereon .e9 prep.r.J .Ilheul Me keneill or. • $M* o?rlr.tl end L ..yeti I. any onJ d •u er".nl, reolrie- ,e. Z4LIOQP' Ilone or 0n1 olhrr m.ll.rs or record, Th. 60.01-11 eh..n h.r..n or• ?o.ad OR the West Kee as Seelig" Q . /G•/2'?!" 1 ' ` ?r.!? uALd+s 11,2E.b •e ?.In SOO.OU'S 4"W- ) The sfolth and 1.901 Jurrlpll.n she.n hereon rnoel Rho min4nvm 4 A • GX 9Z ? . Florida Board of I'roleesbn. leehntcol rlon J.r Js os eel lerlh Irr L• 4,7G9r _` :, rani Svrre)ere 14 C,.p,., 211W1•G. FlopId¦ Adminlrlroll. Colo, ' ' GAA?E punu.nl 1. Section 417.02, FI.IIJ¦ Sldulos. ' 6 lg•,5L/;?3 0y SNORE S.) See 6he.1 2 01 2 for lowel J.scrlpllon. FJK/V&- &I Mein Sir.er is .too en..n •+ Ch..le.puo 4unus. NOT A SURVEY PIErANEir FOn1 DIMMITT MANAGEMENT CORPORA'T'ION ! .r,?+zNw•wjrMW AJrr/KYA r77r - rTIOAC 1 1.oas u.e. llry. to i1.rh THIRD AVENUE SOUTH Cloo.wdtor, (lorldo ]+02J ZP Phw,• (013) 191-1441 PLAII: SKETCH OF FIFTH AVENUE SOUTH SCAM DATE; DAAVAI BY: C Y/O. C. PC. i TO. JOU NO.; I SCC. IM'. RCE. I 511CC1 110.1 /" • /AP• d?1t?4L Ai4IC ? Y / A/.( I Za7/• GPZ• O[h7 Y2 ' ZA - 14 / nr Z EXHIBIT A SaGG _9a r3K. •_.' ,ir ? ,?:•. .?• '1fY.f '??.4f 1'??r?-Rr..gsr?"'',?3'n:•?...Si r l.,r?` 5??? rr: ';. .:?'? ay LEGAL DESCRIPTION: FIFTH AVENUE SOUTH A tract of land lying within Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southwest corner of said Section 32, thence along the West line of said Section 32, N 00°00'58" E, for 1,162.84 feet; thence leaving said line, S 89°58' 25" E, for 100.00 feet to the intersection of the East right-of-way line of U. S. Highway 19, as it now exists and the North line of a Florida Power Corporation right-of-way, as recorded in Deed Book 1516, Page 581, of the public records of Pinellas County, Florida; thence along said North line, N 89°58'25" E, for 558.48 feet to the Southwest corner of City of Clearwater property, as recorded in Official Record Book 5495, Page 1208, the same corner being the Southeast corner of a vacated right-of-way (Main Street right-of-way) as recorded in Official Record Book 6037, Page 2033, both recorded in the public records of Pinellas County, Florida; thence along the East line of said vacated right-of- way, the same being the West line of said City of Clearwater property, N 00°01`50" W, for 100.00 feet to the POINT OF BEGINNING, said point also being the Northwest corner of said City of Clearwater property; thence continue along the East line of said vacated right-of-way, N 00°01'50" W, for 60.00 feet to the Southwest corner of Block 35, as shown on the Plat of Unit No. 3-Sec. A- t? Chautauqua "on the lake," as recorded in Plat Book 9, Page 146, of the public records of Pinellas County, Florida; thence along the South line of said Block 35, the same being the North right-of-way line of Fifth Avenue South, as shown on said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," S 89°58'25" E, for 798.40 feet to the West right-of-way line of Lake Shore Drive, as shown on said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," also being a point of intersection with a non-tangent curve concave to the Northeast; thence along said West right-of-way line, Southerly along the arc of said curve with a radial bearing N 70°33'19" E, and having a radius of 240.00 feet a central angle of 16°12'51", an arc length of 67,92 feet and a chord bearing S 27°33'07" E, for 67.69 feet to the point of intersection with a non-tangent line, the same being the North line of said City of Clearwater property; thence along said North line, also being the South right-of-way line of Fifth Avenue South, N 89958125" W, for 629.68 feet to the POINT Of' BEGINNING. Sheet 2 of 2 Exhibit A 5-2?d -9.2 J Coa,vea of s?J ill aF sec. a2 -rn-16. rS Y-wesr Glue or IkIV4 or Sed..3r•tr!•IG, se ?ye Z?o z?.r? Jul.-?/,? Jodrl/1 am'?z'If•e uNe aK P//gyp AV-4"U4 aaurll C11A(JrAf1Qf1A lbCTy I sea' rklonmea 414 Wde UA:!-'. _ ? I ! aec..s JL ? J/ JO t! lC tf I JL 309 JI'Oa•G?Jd7:?rar'd?$? ? f ? ! ? ? Ape 41 /Yr 3z 034 ACAW6t j } Peopoico 04W FOU,-r'// Av&. Savr/1 VdcAreo -/IJ ,0 9, eoa7,f0. zona ? dLaGLf MAW Jr e,,,,4,jrAa4V.1A t} 'VIV 7•11e ZAJf,5- v///r vu r ? pO, r7r fti. MG N07 Mlormelbnd Pur osn sn1 rleleh sheers Noreen Is for 1 ? ISO all It n?1 Inrendsd If deplel a eertsl P1rlaT me? In the deli. !,} The alalch shorn Noreen -or Nreperad nheul Ihs %tmoill sI e nflo •?tifesr end Is rut,frel Is env end el e.remenff, rtshfc- lions or enf elhtr millers of record. 7.) lho ?o.rlnp shown horesn are l.eeed In lho Wool One of feellon 39-1111,14 81 heir 100.00'511'W. 4.1 the o$ele% end li fol dslulNllon shorn Notion moole As minimum 14eNnfrel s11en400 es ul frrlh 1r 1111 flsrlda Doefd of Pfololrbnal Lend furvnaarsa M Che?Ior 21mi-6. flerlde AI lnhlfell.. Cods, /wrusn) le kllrn 472.02, fforldo fldulos. S,} Sse stool 2 el 2 hr level descrljllen. 6.1 Mein Slnel Is else ?na.n n Cheuleowuo Monwt• LEGEND 11 4E1101E1; N011711 S bifl0it I SOUT11 E OENOIEll fAS1 W OEf101ES WEST XX• DEIIOTES OEGACE XX• DVIOIE5 NiINIES Willi OEAnlfl03 r XX" OENOIES SECONDS Willi OEA1111103 P.O.I. OEIIOIEII r0ss11 or QCGRINPIO .e. OENOIES ACRES h IWC. O[IIOTES 111011TT r WAT i.ICrrCEME1II C) A. OEN0IEll OffIC1AL AECOnO NOT A Bl1nVEY 1 PREPARLO IOn: DIMMITT MANAGEMENT CORPORATION A-AwmftWrsrftWv -.Tome I" ft%-, PII OXCI: •71943 U,S. Il.f. 1S Ilerlh HIND AVENUE SOUTH Claprwgtw. llorldn 31113 PEAII: SKETCH OF A PORTION OF I AM Phnne (a13) TAI-141! MAIN ST. R/W SCALEr 0AILr uf1Am1 W71 CKU 7Y OC, fU. I'G. .lOll rrO1 'a[C. 11n1'. RGC, s11ELT IIO.t /' • /00' G///?9S RAlC jW, Al/A I t09 i •OeaL•Lri? 3t • lp • !G / of Z voog? E,X11IB :f1' 13 Sa?o ? -!7A ARL LEGAL DESCRIPTION: PORTION OF MAIN STREET A tract of land lying within Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Northwest corner of the Southwest 1/4 of said Section 32; thence along the best line of said Southwest 114, S 00°00;58" W, for 860.50 feet; thence leaving said West line S 89°34'50" E, for 100.00 feet to the intersection of the East right-of-way line of U. S. Highway 19, as it now exists and the South right- of-way line of Third Avenue South, as shown on the Plat of Unit No. 1-Sec. A- Chautauqua "on the lake," as recorded in Plat Book 9, Page 52, of the public records of Pinellas County, Florida; thence along said line, S 89°57'07" E for 537.05 feet to the POINT OF BEGINNING; thence S 89°57'07" E, for 29.76 feet; thence N 00°05'47" W, for 21.26 feet; thence S 89°52'11" E, for 29.73 feet to the East right-of-way line of Main Street, as shown on the Plat of said Unit No. i- Sec. A-Chautauqua "on the lake," said point being S 00°09'44" E, 5.03 feet from the Northwest corner of Block 36 of the said Plat of Unit No. 1-Sec. A-Chautauqua "on the lake;" thence along the East right-of-way line of said Main Street, the same being the West line of said Black 36, S 00°09'44" E, for 259.39 feet to the South right-of-way line of Fourth Avenue South, as shown on the Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," as recorded in Plat Book 9, Page 146, of the public records of Pinellas.County, Florida; thence along the South right-of-way line of said Fourth Avenue South, the same being the North line of Block 35 of said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake" and the westerly extension thereof, N 89°46'42" W, for 60.06 feet to the East line of a vacated right-of-way (a portion of Main Street right-of-way) as recorded in Official Record Book 6037, Page 2033, of the public records of Pinellas County, Florida; thence along the East line of said vacated right-of-way and the West right-of-way line of Main Street of said Plat of Unit No. 1-Sec. A-Chautauqua "on the lake" N 00001,50 W, for 237.99 feet to the POINT OF BEGINNING. ,,., Sheet.2 of 2 Exhibit B 51;W - la ti PCnn.,'i??,G AC r, r 1 o q. a.7? U; I TUTAL R8,So Ida" r 77 1 NST 4 92--280087 SF'T 25v 1992 4 : 32PM PINELL.AS COUNTY FLA. OF1=, REC , SK 8041 PC 65 ORDINANCE NO. 5266-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PORTIONS OF FIFTH AVENUE SOUTH AND CHAUTAUQUA AVENUE (FORMERLY MAIN STREET), LYING WITHIN SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, SUBJECT TO CERTAIN WATER AND SEWER EASEMENTS RETAINED BY THE CITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, it Aas been requested by Dimmitt Chevrolet, Inc., Larry Dimmitt Cadillac,- Inc. and Richard R. Dimmitt (the Dimmitts), owners of certain real property located in the City of Clearwater, that the City vacate the rights-of- way described herein; and WHEREAS, the City Commission finds that said right-of-ways are not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The portions of the right-of-way of Fifth Avenue South and Chautauqua Avenue (formerly Main Street) as shown on the plats of Chautauqua Unit No. 1, Section A, and Chautauqua Unit No. 3, Section A, subdivisions (recorded at Plat Book 9, Pages 52 and 146, respectively, of the Official Records of Pinellas County, Florida), as more particularly described in Exhibits A and B attached hereto will be vacated, closed and released, and the City of Clearwater will quitclaim and release all of its right, title and interest thereto, contingent upon the following conditions in accordance with Paragraph 8 of the agreement between the City and the Dimmitts dated June 10, 1992, regarding the subject vacation and the paving and realignment of Third Avenue South (the "Agreement": (a) Dimmitt executing the legal documents as set forth in Paragraphs 2 and 3 of the Agreement and delivering said documents in escrow as provided in Paragraph 7 of the Agreement; rrr ~ co 'T (b) Pinellas County's vacation of Fourth Avenue South and acceptance of the proposed realignment of Third Avenue South;.and r°- w C? `' (c) The Third Avenue South road improvements and realignment between __jU. S. 19 and Chautauqua Avenue being cons,ructed, completed and accepted by the City of Clearwater and, the appropriate regulatory agencies which have issued u ?c construction permits. co Section 2. The City of Clearwater reserves a 20-foot sanitary sewer ° cc easement and a 15-foot water easement over the property, each centered over ? existing sanitary sewer and water lines, respectively. Section 33. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following compliance with the contingencies set forth in Section 1 above. The recording by the City Clerk of this ordinance shall be conclusive evidence of the full satisfaction of all of the contingencies set forth in Section I above. RECO)jl, Vi-F'.11- "Ell f.'(Y 7iM S?(?/i " %a i ro" N* i f x Y PINELLAS COUNTY F .A.: ?? A? OFF,,PEC .'BK 8041 PG 66 `T, ?"' Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Se2tember 3, 1992 PASSED ON SECOND AND FINAL READING AND ADOPTED _-Spptr-ml?gr 17, 1992 f x S Approved as to form and and correctness: ,-?7 A M. A.- Galbraith, r, City Attorney This histruattcnt was ltrf pared by. Al. A. CnIlw ith, Jr, City tllturney City ctr Clearwater, P. U. Pnx •t;,:ti Clenrti ester, FL 34Gils• TIT Rita Garvey Mayor-Commissioner ' Y Attest: Cyn i a E . Golf eau Cit Clerk a r! 17 r- 'J . 1 1 ber0iy ct4tify that tlds, Is-ft tnte'Rrid curn:ct le(j)y of tike on wtYtl'as,fl ,;, apixtam lit Owlik s of to City .0 ; , t.:traiwutur. titi'ittc?s m}'.?tund t,?t! '. offh-l y'6W of dim City I Cleau?v itee. y er4 u ty Cfe:l? s.? r 1 •' f 0 W 3 n s?•?rs'ra•? vimmlrr cAv/UAC v VACA rg D AIAd ( OR, &037, fM Z033 41, A64 /IL/ 6 r c o' 1,3 PINELLAS COUNTY FLA. OFF . REC 9 BK 8041 PB 67 ' NOnmmn TL LEG[IID ? -^ fl DufOTES IIOt1Tll k S 00101ES SOU111 u1 F. 011I1OIEs EAST ---- W xx• P£I0T£S WEST 0E110TES DEGREE N rf " ES SIECOIDSWWITIIDOEAR146S I >E? L Yy xx P.O.a. IOI OC OENOlEf mull or PiclutiIIG Q. tGr? y-y is .c. P.O.C. DE ll ACIEf PEIotE S POII1 OF C0N/4£ICCI.ICIT IlW MUMS Or WAY I 0.111. ICIAL AECORD DEMOTES OFF 00. DEIOIES DEEP BOOK 14 Q ' 1 1.w41" V? .? j ? ?? 3V7•i? a V t ? h IOlES ? I) lh• 11,•Ich .h..n h.r..n I. Lr lnf •r m•Ibnd ?urp.u+ .n!y lh l l/ • • l. . •nl L Pei I.l.hl.l I• ?.?Icl • 1yr..1 1.rl.rm+f in 2.) It,. .?+leh .he- 1.10..4 -H I..r.r* rllh. yl Ih. 4.n•fll 01, • IIII bolfacp ../ L ..bYj.tl 1• •n/ •nf .1 ••..m.nl+, rulft.- .[?• z4Q 00' • 11044 .r 0.1 1114., m•11•n •1 r...11. 1•) it.. L.wi.p 1h..n h+.... 41. fn./ .• (h. Wul 01n9 .t Ji+cN.h Q /6'Gt'?/ 1 ,(•4JLJnLr? 1 32.2e.IG •. %1111 500'OU'5E"W. .1 /•ferlph.e 114..4 14.1..4 ...It Ih. rl lnlm•m 1114 .nl 1 ) 1h 1, 4 \ A • 679.. Z 9` 9 1 . 1 . Ld.nle.l 11.41••/. .1 ..1 I.rlh ?f) Ih. II+r H• O.•1i •1 Fr•l.ul.nr FI•rll• Alminlllr.P.• C.d.. In Ch•pl.r 711111•G o i S - ' ?a?J? G C C. I• SZy;fj'd7'? 5!/oCt , lo m ur L.n fldyl n. ' yuny.nl Is f.c11.n 417.02. 116,190 3.) i.. 11-1 2 of 2 I.r 1.101 J.1crl/ll.n. LTLS/Va 1.1 u.fn Sfn.f h •lu •r.rh of Ch.rt.viv. A..nv.. NOT A SURVEY PPLPARLU fort: DIMMITT MANAGEMENT conponAT)ON i A'" f-#--CrA~ AvJLA%7wll7t ^%t rnuriCl: 74945 U.S. I./ 1-1 t1•.th THIRD AVENUE SOUTH El..r,..l... tl•r1d0 34623 Zm Ph1n6 (613) 191-.1441 PLA11: I SKETCH OF FIFTH AVENUE SOUTH - SCALD DA 11: DRA"I BTt /' •!O¢` J?/2/41, A14lC CKP I Y/0 C. ?f 111. I.C. JUB tiD; SEC. 1'45.1 (ICE, lJ?r4 ZOO9•ccxz•OAO 34 . SA • rG SICC1 1M. / o.' z EXIIII31T A i1 . SaG ? -9a *s. .. ... .•to. , _ •. ?.. .. ?i• •' i+ .'1?• , as LEGAL DESCRIPTION; FIFTH AVENUE SOUTH i PINELLAS COUNTY FLA... OFF, REC . BK 8041 PG 68 A tract of land lying wit;iin Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southwest corner of said Section 32, thence along the West line of said Section 32, N 00°00'58" E, for 1,162.84 feet; thence leaving said line, S 89°58'25" E, for 100.00 feet to the intersection of the East right-of-way line ! of U. S. Highway 19, as it now exists and the North line of a Florida Power Corporation right--of-way, as recorded in Deed Book 1516, Page 581, of the public records of Pinellas County, Florida; thence along said North line, N 89°58'25" E, for 558.48 feet to the Southwest corner of City of Clearwater property, as recorded in Official Record Book 5495, Page 1208, the same corner being the Southeast corner of a vacated right-of-way (Main Street right-of-way) as recorded in official Record Book 6037, Page 2033, both recorded in the public records of Pinellas County, Florida; thence along the East line of said vacated right-of- way, the same being the West line of said City of Clearwater property, N 00°01'50" 14, for 100.00 feet to the POINT OF BEGINNING, said point also being the Northwest corner of said City of Clearwater property; thence continue along the East line of said vacated right-of-way, N 00°01'50" W, for 60.00 feet to the Southwest corner of Block 35, as shown on the Plat of Unit No. 3-Sec. A- Chautauqua "on the lake," as recorded in Plat Book 9, Page 146, of the public ' records of Pinellas County, Florida; thence along the South line of said Block 35, the same being the North right-of-way line of Fifth Avenue South, as shown .on said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," S 89°58'25" E, for 798.40 feet to the West right-of-way line of take Shore Drive, as shown on said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," also being a point of intersection with a non-tangent curve concave to the Northeast; thence along said West right-of-way line, Southerly along the arc of said curve with a radial bearing N 70°33'19" E, and having a radius of 240.00 feet a central angle of 16°12'51", an arc length of 67.92 feet and a chord bearing.S 27°33'07" E, for 67.69 feet to the point of intersection with a non-tangent line, the same being the North line of said City of Clearwater property; thence along said North line, also being the South right-of-way line of Fifth Avenue South, N 89°58'25" W, for 829.68 'feet to the POINT OE' BEGINNING. Sheet 2 of 2 Exhibit A ?r , HOT A SUnVEr PRtF•Ai1f0 faR: DIMMITT MANAGEMENT - -- - CORPOnAT10N xrw SMAWA MPVW A020COA 77x7, &.V-- P11QAC1: •200 U.S. Hoy. 19 North THIRD AVENUE SOUTH Clio.=al.r, I1¦i1da 34633 Phone (b13) 191-1441 PLAN: SKETCH OF A PORTION OF MAIN ST. R/W SCAEEI DAtE= 01iAYrti OYt CKD 1;/O.C. U. F'G. !Ut) itA.1 '1+ sic. lhl•. HGL, IIEEf f10.1 /'• /00 GI/1I9L ,C,f1G .7W _ NI+f rP94.OOr•Cl•KlJz r6 ' ._/ °'_.Z EKI1113I IT 13 1 5"a?? -1A ''.• < 'S+f,i• . J\t :.. .'/'••,k,'?:'i??s ?f+ ..'s}.?r _.:?.,l lf?i ?j?•b1.4?fJ`C ?(.Y` f1i? 4,11 k? :Y"`'.?4 •??S'?'.A"?,??q_yv1????:?? AMI, PINELLAS COUNTY FLA. '. OC= P= 4 8EC a B . K 8041 F£r 6 ? COCAWR Aw 151W W 6W Jea. JL-1,3.16, r-Ivesr lam OF SiJV1 Or5CC . 3r•leS•IG, `? 5&75 7or 4 277G .1rr1'sz'/('Ge auaea VnI1fW JO r p1 y7 gf/ue Jour/r Tina;°U Av 0MUrAUr'UA (lA/E fa rn nN' say' P'co'K ev it/w '4a rMe 1-11ed' Asp s Pa Ll IL ,vra r .SEG. A I'DoG ?1 1 fa sr !i d+ ` .!o rl +? PB, iI, A! 5? J69.1 ` .sd7 ?70T G ' /A9. = LAO N I lie 0 :,e I z - ? Q.54.!? q? I 0 COUAMI AV,-, uroLlof W/ oJaD 4W 49 le. 61997, A;. zoaa dGOe'-f: --1:5 MAW Or cog,`?(UrAa4vA • 'ov TN-e- eA) ` .? J/H1 r All a V JeC, A. NOTES LI the $$r1,h ,h..r hot.." h for Inlrrm.tl.nrl for leer, ent end 11 n.l ?,I.hd.4 10 i.?Irl ¦ e.nel 0 rto iMod In ,h. T.Id, 2.( lh. ai.18h eh.=n hHa•n =n ?,.lared IIh.ul the s,narll of ¦ Illl, alafrKl .n/ II ¦ul,lsl I. and and all ,ae.ha¦hl,, r„lil,- IIenI .r and -1hrr Me .to 01 e.f.rd. 3.1 T1.a Sru1. 1, eM=n son .re ha,¦d on the Wool 11ne Of $@Ilion !2.26.1{n lrlnff f00.00ww, 4.) The e3.1,F ,nd 181d d.1rt1?11¦n d..=n hiton We to M. minlmurn ledmlt¦I hei¦rdi n „I Ierlh by the ?farldr nevi of 1'I?I..,larf.l Lani Su.r.l.n In Chopin 211Dt•4 Mew Admtehlydlr, code, punu*fft Ir F,',lyn 472.02. ?I.rlda slrlul.,, 3.) fire ,heal 2 of 2 or 18101 d.,,rlrll.n. "I 11.1n $ties$ to ¦I,a ln¦..n as CAavlsrju, Avenue. LEGEND f1 OLIIOTES NOR711 3 08NasES SOU111' li DEflatES EASI • W DE110TES WEST xx• DENOTES DEGREE xx' OEtlaTES 1AIIIUIES wall nEAllIfIGs e xx- DENOTES sECallos w1711 DEAnw.' PEi101 ES rolNS or OEC1111I040 ,. DENIES ACRCS how DCii 1TES 11talllT orr w AY 14[NtEAeCNT ' a.n. DENOTES 07?ICIAL RELOIID 0..? PINEL LAS COUNTY FLA. OFF. REC. BK 8041 PG 70 LEGAL DESCRIPTION: PORTION OF MAIN STREET A tract of land lying within Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, ind being more particularly described as follows: Commence at the northwest corner of the Southwest 1/4 of said Section 32; thence along the West line of said Southwest 1/4, S 00°00;58" W, for 860.50 feet; thence leaving said West line S 89°34'50" E,"for 100.00 feet to the intersection of the East right-of-way line of U. S. Highway 19, as it now exists and the South right- of--way line of Third Avenue South, as shown on the Plat of Unit No. 1-Sec. A- Chautauqua "on the lake," as recorded in Plat Book 9, Page 52, of the public records of Pinellas County, Florida; thence along said line, S 89°57'07" E for 537.05 feet to the POINT OF BEGINNING; thence S 89°57'07" E, for 29.76 feet; thence N 00"05147-1 W, for 21.26 feet; thence S 89°52' 11" E, for 29.73 feet to the East right-of-way line of Main Street, as shown on the Plat of said Unit No. 1- Sec. A-Chautauqua "on the lake," said point being S 00°09'44" E, 5.03 feet from the Northwest corner of Block 36 of the said Plat of Unit No. 1-Sec. A-Chautauqua "on the lake;" thence along the East right-of-way line of said Main Street, the same being the West line of said Block 36, S 00°09'44" E, for 259.39 feet to the South right-of-way line of Fourth Avenue South, as shown on the Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," as recorded in Plat Book 9, Page 146, of the public records of Pinellas County, Florida; thence along the South right-of-way line of said Fourth Avenue South, the same being the North line of Block 35 of said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake" and the westerly extension thereof, N 89°46'42" 1•I, for 60.06 feet to the East line of a vacated right--of-way (a portion of Main Street right-of-way) as recorded in Official Record Book 6037, Page 2033, of the public records of Pinellas County, Florida; thence along the East line of said vacated right-of-way and the Nest right-of-way line of Main Street of said Plat of Unit No. 1-Sec. A-Chautauqua "on the lake" N 00°01'50" W, for 237.99 feet to the POINT OF BEGINNING. r •= Sheet 2 of 2 Exhibit B G- 1,2 INST ## 92-294813 OCT 9, 1992 10:41AM to AFFIDAVIT REGARDING ORDINANCE NO. 5266-92 OF THE CITY OF CLEARWATER, FLORIDA PINE STATE OF FLORIDA OFF. REC.HK58055NTPGF1430 COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Cynthia E. Goudeau, who deposes and says: t 11 R C n-po 1. 1 am the City Clerk of the City of Clearwater, Florida. ACCT coo 2. Ordinance 5266-92 of the City of Clearwater, Florida, vacates RFC ( ions of the r ight-of-way of Fifth Avenue South and Chautauqua Avenue O R21 .-{formerly Main Street) as shown on the plats of Chautauqua Unit No. 1, Section G S, - A, and Chautauqua Unit No. 3, Section A, subdivisions (recorded at Plat Book 9, iN7 _ Pages 52 and 146, respectively, of the Official Records of Pinellas County, P/C Florida), as more particularly described in Exhibits A and B attached to this C ERT affidavit. However, the effective date of the ordinance is contingent upon the ,_.______happening of certain conditions as specified in Section 1 of the ordinance. 'FEES Section 3 of the ordinance states that the ordinance shall not be recorded until MTF the contingencies have been satisfied. T'OTALL_cj_ 3. Ordinance 5266-92 was inadvertently recorded in the public records r of Pinellas County, Florida, on September 25, 1992, at Official Records Book ' 8041, Pages 65-70. 4, The recording of Ordinance 5266-92 in the public records was in error because the contingencies set forth in the ordinance have not yet been satisfied. ! 5. PLEASE TAKE NOTICE that, nothwithstanding Section 3 of Ordinance 5266-92 to the contrary, the recording of the ordinance may not be relied upon as evidence of the full satisfaction of the contingencies set forth in the ordinance, or as evidence that the ordinance is now in effect. 6. Full satisfaction of the contingencies set forth in the ordinance shall be evidenced by a certificate of satisfaction to be executed and recorded by the City Manager of the City of Clearwater, Florida, at such time as such ? contingencies have been satisfied. _ Irv r, 0A AV- m a Cynt is E. Goudeau ron ?' City lerk ?4 'qr o A X v BEFORE ME, personally appeared Cynthia E. Goudeau, the City Clerk of the above- ' U(0 0 4J M ro named city, who acknowledged that she executed the foregoing instrument. She is r u personally known to me and did not take an oath. :3 Ord .,? WITNESS my hand and'"official seal this day of October, 1992, ) c • Print /T e Name: Notary Oblic } i:a,ary Pui.?ic, 5tato ct ii:tt? ?? ?y My Coinsnisi:on C::is;?es ,1o"t 20, + 7 Q L.'J.J him IfvY l.n• L.:....ua Lu, KARLEEN F. DEBLAKER, CLERK RECORD VERIFIED 0Y: ?4 PINELLAS COUNTY FLA. OFF.REC.BK 8065 PG FL 2432 LEGAL DESCRIPTION: FIFTH AVENUE SOUTH A tract of land lying within Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southwest corner of said Section 32, thence along the West line of said Section 32, N 00°00'58" E, for 1,162.84 feet; thence leaving said line, S 89°58'25" E, for 100.00 feet to the intersection of the East right-of-way line of U. S. Highway 19, as it now exists and the North line of a Florida Power Corporation right-of-way, as recorded in Deed Book 1516, Page 581, of the public records of Pinellas County, Florida; thence along said North line, N 89°58'25" E, for 558.48 feet to the Southwest corner of City of Clearwater property, as recorded in Official Record Book 5495, Page 1208, the same corner being the Southeast corner of a vacated right-of-way (Main Street right-of-way) as recorded in Official Record Book 6037, Page 2033, both recorded in the public records of Pinellas County, Florida; thence along the East line of said vacated right-of- way, the same being the West line of said City of Clearwater property, N 00°01'50" W, for 100.00 feet to the POINT OF BEGINNING, said point also being the Northwest corner of said City of Clearwater property; thence continue along the East line of said vacated right-of-way, N 00°01'50" W, for 60.00 feet to the Southwest corner of Block 35, as shown on the Plat of Unit No. 3-Sec. A- Chautauqua "on the lake," as recorded in Plat Book 9, Page 146, of the public records of Pinellas County, Florida; thence along the South line of said Block 35, the same being the North right-of-way line of Fifth Avenue South, as shown on said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," S 89°58'25" E, for 798.40 feet to the West right-of-way line of Lake Shore Drive, as shown on said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," also being a point of intersection with a non-tangent curve concave to the Northeast; thence along said West right-of-way line, Southerly along the arc of said curve with a radial bearing N 70°33'19" E, and having a radius of 240.00 feet a central angle of 16°12'51", an arc length of 67.92 feet and a chord bearing S 27°33'07" E, for 67.69 feet to the point of intersection with a non-tangent line, the same being the North line of said City of Clearwater property; thence along said North line, also being the South right-o€-way line of Fifth Avenue South, N 89°58'25" W, for 829.68 feet to the POINT OF BEGINNING. Exhibit A d... LEGAL DESCRIPTION: PORTION OF MAIN STREET, 0 PINELLAS COUNTY FLA. OFF.REC.BK 8055 PG 1132 A tract of land lying within Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Northwest corner of the Southwest 114 of said Section 32; thence along the West line of said Southwest 1/4, S 00°00;58" W, for 860.50 feet; thence leaving said West line S 89034150" E, for 100.00 feet to the intersection of the East right-of-way line of U. S. Highway 19, as it now exists and the South right- of-way line of Third Avenue South, as shown on the Plat of Unit No. 1-Sec. A- Chautauqua "on the lake," as recorded in Plat Book 9, Page 52, of the public records of Pinellas County, Florida; thence along said line, S 89°51'01" E for 537.05 feet to the POINT OF BEGINNING; thence S 89°57'07" E, for 29.76 feet; thence N 00°05`47" W, for 21.26 feet; thence S 89°52`11" E, for 29.73 feet to the East right-of-way line of Main Street, as shown on the Plat of said Unit No. 1- Sec. A-Chautauqua "on the lake," said point being S 00°09`44" E, 5.03 feet from the Northwest corner of Block 36 of the said Plat of Unit No. 1-Sec. A-Chautauqua "on the lake;" thence along the East right-of-way line of said Main Street, the same being the West line of said Block 36, S 00°09'44" E, for 259.39 feet to the South right-of-way line of Fourth Avenue South, as shown on the Plat of, Unit No. 3-Sec. A-Chautauqua "on the lake," as recorded in Plat Book 9, Page 146, of the public records of Pinellas County, Florida; thence along the South right-of-way line of said Fourth Avenue South, the same being the North line of Block 35 of said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake" and the westerly extension thereof, N 89°46'42" W, for 60.06 feet to the East line of a vacated right-of-way {a portion of Main Street right-of-way} as recorded in Official Record Book 6037, Page 2033, of the public records of Pinellas County, Florida; thence along the East line of said vacated right-of-way and the West right-of-way line of Main Street of said Plat of Unit No. 1-Sec. A-Chautauqua "on the lake" N 00°01`50" W, for 237.99 feet to the POINT OF BEGINNING. Exhibit B