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5818-95 NST # 95-183826 JLY 27, 1995 4:50PM PINELLAS- COUNTY FLA. � �. ..,-- FF.� , �� 906 PG a .z .. Q D I NA (_F_ ��818-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. VACATING THE 60-FOOT NORTH/SOUTH RIGHT-OF-WAY OF CARv:..``t N LANE LYING NORTH OF SANDY LANE. HIGHLAND ESTATES OF en M CLEARWATER 1ST ADDITION, SUBJECT It A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE WEST 17 FF,E1" b�k AND THE NORTH 15 FEET AHD; THE 3-FOOT UTILITY EASEMENT LYI NHS ALONG 1 HE WEST SIDE OF LOT 1, BLOCK. F, HIGHLAND ESTATES OF CLEARWATER 1ST ADDITION, SUBJECT TO CERTAIN CONDITIONS: `PROVIDING AN EFFECTIVE DATE. WHEREAS. Arthur H. Maxwell , owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way described herein> . and the City's Engineering Services Division suggests that an additional ea_ement be 'vacated to accomplish the applicant's goals and also requests that certain other conditions be met: and WHEREAS, the City Commission finds that said rigH-of-way and easement is not necessary for municipal use and it is deemed to be Ito 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 following right-of-way and easement as depicted on the attached sketches: The 60-foot North/South right-of-way of Carolyn Lane lying North of Sandy Lane, Highland Estates of Clearwater ist Addition, as recorded in Plat' Book 58, page 35, of the public records of Pinellas County. Florida', and The 3-foot utility easement lying along the west side of Lot 1, Block F, Highland Estates of Clearwater 1st Addition. as recorded in Plat Book 53, page 3 , of the public records of Pinellas County, Florida. will be vacated,, closed and released, and the City of Clearwater will uitclui,, an i release all of its right, title and interest thereto subject to the following co ditions: (1;a The water m a i n wi l l be rel orated at the property owner's expense; and (2) The Fountain Square Condominium Association will grant a 10-fora water main easement for the relocated water main: and (3) Th e property owner ari 11 gr.anG, the City a 15-f oot drainage:: an%i uti 1 ity easement along the north side of the newly created lot: and (4) The City of Clearwater also retains a drainage and uti l'i ty easement over the West 17 feet and the North 15 feet of the described 50-foot right-of-way for the installation and maintenance of any and all public utilities thereon. RETURN TO: my CLERK POST OFPCE BOX 474 CLEARWATER, FL 3460 03-4761 PINEVO`�S COUNTY R oFF.REC ..., 9061 PG 1122 Sect ion 2. 'The City Clerk shall record this ordinance in the publi records of iii"ne 1 l as County, Florida, following compl i ance wi 1,1h the coed i t i ons set forth in Section I above. ' Section This ordinance shall take effect irmediately ul�or? adoption. P S i7 � -IRST READING June!,_1995 PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED 1' f Rita Garve y Mayor-Commissioner Attest: CV ' .i a E ou eau Cit` Clerk Approved as to form and legal sufficiency: au Rechcr h Assistant City Attorney a 1 emby omtifp that 6k;is a�ieza*ad 2 1t 111'ct copy crf rfie Grigiriku as it o the i fl its of nI_L:2f;r of tiny<iter bti' iaa sv 1,ly 3ras 1 tLad 4f ar uil Seal or¢,.e city o Clearwatux. Tom„ �"&y Of P v t atV 4.fir MOTION'rO AMMEND ORDINANCE 5818-96 Amend Ordinance inance 581$-95 by replacing Section 1(21 to read. (11, The Fountain Square Condominium Association will grant a 10-foot water'main : e as a meat for file relocated water main,are ' F E t} F tYr { ORQ1VJ i CE N 5818-95 AN ORDINANCE OF THE CITY OF CLE C W TER, FLORIDA. VACATING THE 60 FOOT N R"TH/SO''TH RIGHT-OF-WAY OF C:A OLYN LANE LYING NORTH OF SANDY LANE. HIGHLAND ESTATES OF CLEAR WATER 15T ADDITION, SUBJECT it A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE WEST 17 FEET AND THE NORTH 15 FEET AND THE 3-FOUT UTILITY EASEMENT ' IGH AND L' ING ALONG THE EST SIDE OF LOT ?., BLOC ESTATES OF CLEARWATER 15T ADDITION, SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Arthur H. Maxwell . owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way described herein, and the City's Engineering Services Division suggests that an additional easement be vacated to accomplish the applicants goals and also requests that certain other conditions be met-, and x t WHEREAS. the City Cornmiss-ion finds that said right-of-way and easement is 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, � y BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF C'LEARWATER, FLORIDA: Section 1. The following right-of-way and easement as depicted on the attached sketches. The 60-fool. North/South right-of-way of Carolyn Lane lying North of Sandy Lane, Highland Estates of Clearwater ist Addition, as recorded in Plat Book 68, page 36, of the public records of Pinellas County. Florida. and The 3-foot utility easement lying along the west side of Lot 1. Block F, Highland Estates of Clearwater ?st Addition. as recorded in Plat Book. 58, page 36, of the public records of Pinellas County. Florida, will be vacated, closed and released, and the City of Clearwater will guitclalim and release all of its right, title and interest thereto subject to the following conditions: (1) The wate=r" main will be relocated at the property owrner's expense: and (2) The Fountain Square Condominium Association will grant a 10-foot water main easement for the relocated water main: and � (3) The property ovf nei di l l grant the Ci ty a _15 foot drainage and uti l ity easement along t'he north side o i the newly created lot: and ( .) The City of Clearwater also retains, a drainage and utility easeC?'ient over the West 17 feet and the North 16 feet of the described 60-foot right-of-way for the installation and maintenance of any and all public utilities thereon. sops UA The City Clerk shall record this ordinance in the public records of Pinellas County, F l ri da. following compliance with the conditions se cr forth i n Section 1 above. Section This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING �wsne 3 4 1 995 PASSED ON SECOND AND FINAL READING AND AE,DPTED AS AMENDED July 20. 1995 Rita Garvey M Mayor-Commissioner Attest: C t is _E Gou eau Cit Clerk Approved as to form and legal sufficiency: XaiRi chard ' 0 Assistant City Attorney 2 cot�-