ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA:

Transcription

1 After Recording, Return to: City of Tampa Office of the City Clerk 5 East Kennedy Blvd Old City Hall, 3 r<r Floor Tampa, Florida Ref: Petition C ORDINANCE NO AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND ABANDONING AN EASTERLY PORTION OF THAT CERTAIN RIGHT- OF-WAY KNOWN AS EUNICE AVENUE LYING AND SITUATE BETWEEN MORGAN STREET ON THE WEST AND JEFFERSON STREET ON THE EAST IN HENDRY & KNIGHT'S MAP OF THE GARRISON, A SUBDIVISION IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA; THE SAME BEING MORE FULLY DESCRIBED IN SECTION 2 HEREOF; RESERVING CERTAIN EASEMENTS AND CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition under City Clerk file number C has been submitted by Channelside Development LLC, (hereinafter "Petitioner") asking that certain right-of-way described in Section 2 hereof be vacated, closed, discontinued and abandoned; and WHEREAS, City Council, having duly held two public hearings and having been presented with competent and substantial evidence on the merits of the petition, finds that vacating of the subject right-of-way, with conditions set forth below, is in the general public interest and that all requirements provided by law have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. Recitals: That the recitals above be and the same are hereby incorporated as if fully set forth herein. Section 2. described as follows: Vacation; Legal Description: That certain right-of-way more particularly Legal description is attached hereto as Exhibit "A" and by reference made a part hereof, be and the same is hereby vacated, closed, discontinued and abandoned, and that the right of the public in and to same are hereby renounced, released, and disclaimed, subject, however, to the following easement reservations:

2 1 a. City of Tampa Utilities Easement: A permanent, non-exclusive utility easement 2 in, on, under, over (up to 30 feet from grade as described below) across the entire width and 3 length of the right of way vacated hereby as described in Exhibit "A" attached hereto and 4 incorporated herein by this reference for the use and benefit of the City of Tampa, and its 5 respective successors or assigns for the construction, installation, operation, repair, reconstruction 6 and maintenance of public utilities, including, but not limited to potable water lines, mains, 7 meters, sanitary sewer facilities, stormwater drainage facilities and all related appurtenances 8 thereto ("Permanent City Utilities Easement"). Said easement is reserved for all City utilities that 9 are now existing or are hereafter installed or located on, beneath or above the surface of the land 10 subject to this easement and shall include a full right of ingress and egress thereto and over, 11 across, under and through the length and width of the easement. No permanent or temporary 12 structures (other than pavement or curbing) shall be allowed to be constructed within the 13 easement area as defined herein. No landscaping (other than grass and small shrubbery) shall be allowed to be planted on the land subject of this easement unless approved in writing by the City 15 of Tampa Administrator of Public Works or designee. In connection with any repair, 16 maintenance construction and reconstruction activities conducted by the City of Tampa on or in 17 the land subject to this easement, the City of Tampa shall only be required to return any 18 excavated areas to finish grade and to restore any paving disturbed to the quality of pavement that 19 meets the minimum standards of the City of Tampa. 20 This easement is expressly limited to a reservation of airspace rights extending upwards 21 from the existing roadway, across the entire width and length of the right of way vacated hereby, 22 to a maximum height of thirty feet (30'). It is the intent of the City to reduce the airspace height 23 reservation in such manner as described in Exhibit "B" attached hereto, contingent on the 24 Petitioner, at Petitioners' sole cost and expense, relocating all City sanitary sewer facilities within 25 five (5) years from the date hereof in such manner as shall be first approved by the Administrator 26 of Public Works or designee. Upon the Administrator providing the City Attorney's office with 27 notification that said utility has been satisfactorily and timely relocated, the City Attorney shall 28 cause a Certificate of Compliance to be filed and recorded with the Clerk of Circuit Court for 29 Hillsborough County, which shall reference this ordinance, condition and shall state that the 30 reserved airspace height shall be reduced in such manner as described in Exhibit "B" attached hereto. The easement airspace limit of thirty (30') feet shall be deemed permanent if said utilities 32 are not relocated as required herein b. TECO Easement: A permanent, non-exclusive easement in, on, under over and 35 across a portion of the right of way vacated hereby as described in Exhibit "A" attached hereto 36 and incorporated herein by this reference ("Permanent TECO Easement") for the use and benefit 37 of Tampa Electric Company ("TECO"), and its successors or assigns for the installation, 38 operation, repair, reconstruction and maintenance of and access to facilities for the transmission 39 of electricity. Said Permanent TECO Easement is reserved for facilities either principally used 40 for, or appurtenant to, furnishing the transmission of electricity installed or located on, beneath or 41 above the surface of the land subject to this Permanent TECO Easement, and shall include full 42 right of ingress and egress thereto and over, across, under and through the Permanent TECO 43 Easement c. Verizon Easement: A permanent, non-exclusive easement in, on, under, over and 46 across the entire length and width of the right of way vacated hereby as described in Exhibit "A" 47 attached hereto and incorporated herein by this reference ("Permanent Verizon Easement") for 48 the use and benefit of Verizon Florida, Inc., and its successors or assigns for the installation, 49 operation, repair, reconstruction and maintenance of and access to telecommunication facilities. 50 Said Permanent Verizon Easement is reserved for facilities either principally used for, or 51 appurtenant to, furnishing telecommunication services installed or located on, beneath or above

3 1 the surface of the land subject to this Permanent Verizon Easement, and shall include full right of 2 ingress and egress thereto and over, across, under and through the Permanent Verizon Easement. 3 4 d. Bright House Network Easement: A permanent, non-exclusive easement in, on, 5 under, over and across the entire length and width of the right of way vacated hereby as described 6 in Exhibit "A" attached hereto and incorporated herein by this reference ("Permanent Bright 7 House Network Easement") for the use and benefit of Bright House Network ("BHN"), and its 8 respective successors or assigns for the installation, operation, repair, reconstruction and 9 maintenance of and access to cable television facilities. This easement shall include full right of 10 ingress and egress thereto and over, across, under and through the permanent easement f. TECOPeoples Gas Easement: A permanent, nonexclusive utility easement in, 13 on, under, over and across the portion of the rights of way vacated hereby as described in Exhibit "A" attached hereto and incorporated herein by this reference ("Permanent TECO/Peoples Gas 15 Easement") for the use and benefit of TECO/Peoples Gas, and its successors or assigns for the 16 construction, installation, operation, repair, reconstruction and maintenance of and access to 17 natural gas facilities and appurtenances thereto. Said Permanent TECO/Peoples Gas Easement is 18 reserved for natural gas facilities and appurtenances thereto which are now existing or hereafter 19 installed or located on, beneath, or above the surface of the land subject to this Permanent 20 TECO/Peoples Gas Easement and shall include a full right of ingress and egress thereto and over, 21 across, under and through the Permanent TECO/Peoples Gas Easement g. Governmental Services Access Easement: A permanent, non-exclusive access 24 easement in favor of City of Tampa, Hillsborough County, the State of Florida and the United 25 States of America, and applicable public entities, for vehicular and pedestrian ingress and egress 26 in, on, over and across the entire width and length of the rights of way vacated hereby as 27 described in Exhibit "A" attached hereto and incorporated herein by this reference for the purpose 28 of providing postal service, ambulance service, fire and rescue service, police service and other 29 similar emergency services to persons residing on property located abutting the right of way 30 vacated hereby ("Governmental Services Access Easement"). 32 h. Public Transportation Easement: A permanent, non-exclusive easement in, on, 33 under, over (up to 30 feet from grade) and across the entire length and width of the right of way 34 vacated hereby as described in Exhibit "B" attached hereto and incorporated herein by this 35 reference ("Permanent Public Transportation Easement") for the use and benefit of the general 36 public for vehicular, pedestrian and bicycle ingress and egress across the entire width and length 37 of the rights of way vacated hereby. Access across the easement reserved hereby shall not be 38 impeded by barricades or obstacles of any kind without proper permit or authorization from the 39 City. The Petitioner shall promptly repair all damage caused to the easement arising from 40 Petitioners' use or activities in Petitioners property Section 3. Maintenance; Indemnification: The Petitioner or successor in interest shall 43 be responsible for all maintenance of the right-of-way vacated hereby at a standard that, at minimum, 44 comports with City of Tampa transportation regulations. As a condition to vacating the subject right- 45 of-way and enjoying the privileges thereof, the Petitioner shall waive, relinquish, absolve, and 46 discharges the City from any claim for damages of any nature and kind whatsoever that such 47 Petitioner may have or claim or demand, now or in the future, by reason of the vacating, closing, 48 discontinuing and abandoning of the public street and any and all liability, damages, costs and 49 expenses of any nature whatsoever resulting directly or indirectly from non-compliance with the 50 conditions of this ordinance, particularly the maintenance requirements for the above described 51 Permanent Public Transportation Easement, including, without limitation, any injuries or damages

4 1 that any person(s) may suffer or incur in connection with use of the Permanent Public Transportation 2 Easement. The Petitioner shall defend, hold harmless, and indemnify the City from and against any 3 and all liability, losses, claims, damages, costs, attorney(s) fees (at trial or on appeal) and expenses of 4 whatever kind or nature which the City may sustain, suffer or incur, or be required to pay due to 5 damages or losses suffered by any person in connection with use of the Public Transportation 6 Easement and by reason of the vacating, closing or discontinuing of the public street. 7 8 Section 4. Procedure for Release of Easements: The easements reserved herein may 9 be released by the City of Tampa by submitting a request for Release of Easement with the City in 10 such manner as prescribed by the City of Tampa Code of Ordinances, or as may otherwise be 11 provided by law. The City shall review any properly submitted request for Release of Easement, but 12 shall only grant the Release upon an affirmative conclusive determination by the City that the 13 Easement is no longer required for the reserved purpose. 15 Section 5. Brick Preservation; Removal: That if any of the rights of way vacated 16 hereby consist of vitrified brick and granite curbing, then such vitrified brick roads and granite 17 curbing shall remain unaltered unless removal or replacement of the vitrified brick roads and 18 granite curbing are approved pursuant to procedure set forth in the City of Tampa's 19 Transportation Technical Manual, as recently amended by City of Tampa Ordinance No , for public rights of way. If the removal of any vitrified brick and granite curbing are 21 allowed from any of the vacated rights of way, then the party causing said bricks to be removed 22 shall provide, and cause to be delivered, all such vitrified bricks and granite curbing to the City of 23 Tampa, Department of Public Works, Transportation Division (Street Maintenance), for future 24 use by the City of Tampa Section 6. Title to Underlying Real Property: That the vacation of the right-of-way 27 described in Exhibit "A" attached hereto shall not affect the status of title to that portion of the 28 vacated right-of-way owned by the City of Tampa in fee, if applicable. Any transfer of the City 29 of Tampa's fee interest in the right-of-way vacated hereby must be negotiated through the City of 30 Tampa's Real Estate Division in accordance with the City of Tampa's Land Disposition Policy as the same may be amended from time to time Section 7. Ordinance Conditions; Associated Rezoning (Z04-7): That the 34 vacation of the rights-of-way described herein is expressly conditioned upon the compliance with 35 and fulfillment of all terms and conditions contained herein, together with the conditions in 36 Rezoning Petition Z04-7 (rezoning of property at 422 Channelside Drive from CBD-2 to CBD- 37 2), which terms and conditions shall be deemed covenants running with the land. This ordinance 38 shall be deemed null and void if the development authorized by Z04-7 has not physically 39 commenced on the property within five (5) years of the effective date of this ordinance. In the 40 event this ordinance expires on account of failure by the Petitioner or successor to act on petition 41 Z04-7, then the roadway vacated hereby shall automatically revert in status to City of Tampa 42 right of way Section 8. Administration: Reference to the City herein shall mean the City of 45 Tampa Administrator of Public Works (also referenced herein as the "Administrator") or 46 designee. Unless otherwise specified herein, the Administrator shall be hereby empowered to 47 administer and make effective the conditions herein. Any person aggrieved by a decision of the 48 Administrator shall appeal such decision as provided for in the City of Tampa Code of 49 Ordinances. 50

5 Section 9. That the vacation of the right of way described in Exhibit "A" hereto pursuant to this Ordinance is expressly conditioned upon the compliance with and fulfillment of all terms and conditions contained herein which terms and conditions shall be deemed covenants running with the land. Section 10. Recording: That the City Clerk shall certify and record a copy of this Ordinance in the Office of the Clerk of the Circuit Court of Hillsborough County, Florida. Section 11. Effective Date: this Ordinance shall take effect immediately upon becoming a law. PASSED AN FLORIDA, ON ATTEST: CITY CLERK/DEPUTY CITY CLBRJi Prepared by R^ANDO J./ANTIAGG^ ASSISTANT CITY ATT^RI K:\RJS\OrdinancesWacatir BHN,SS,TECO, WTR).doc AINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, CITY COUNCIL: CHAIRPERSON/:HAIRPVERSON PRO TEM APPROVED by me on PAM IORIO, MAYOR ArK L L L 3achment\C04-34 ChannelsideDev (Trans, Bricks, Perm VZ,

6 Exhibit "A" A portion of the 60 foot right-of-way for EUNICE AVENUE lying between MORGAN STREET and JEFFERSON STREET of HENDRY & KNIGHTS MAP OF THE GARRISON as recorded in Plat Book 2, Page 73 in the Public Records of Hillsborough County, Florida, being more particularly described as follows: COMMENCE at the Northeast corner of LOT 1 BLOCK 101 of said HENDRY & KNIGHTS MAP OF THE GARRISON thence N.89 40'00"W., feet along the Northerly boundary line of said BLOCK 101 to the POINT OF BEGINNING; thence continue along said Northerly boundary line N.89 40'00"W., feet; thence N.00 20'00"E., feet to the Southerly boundary line of BLOCK 98 of said HENDRY & KNIGHTS MAP OF THE GARRISON; thence S.89 44'23"E., feet along said Southerly boundary line to the Southeast corner of LOT 21 of said BLOCK 98; thence S.00 20'00"W., feet to the POINT OF BEGINNING. City of Tampa Right of UJQV S M PP inq SeCt! " l GRl D6SCRIPTION RPPROV6D Date

7 EXHIBIT "B" Transportation Easement - Under Building - Eunice Avenue A portion of the 60 foot right-of-way for EUNICE AVENUE lying between MORGAN STREET and JEFFERSON STREET of HENDRY & KNIGHTS MAP OF THE GARRISON as recorded in Plat Book 2, Page 73 in the Public Records of Hillsborough County, Florida, being more particularly described as follows: COMMENCE at the Northeast corner of LOT 1 BLOCK 101 of said HENDRY & KNIGHTS MAP OF THE GARRISON thence N.89 40'00"W., feet along the Northerly boundary line of said BLOCK 101 to the POINT OF BEGINNING; thence continue along said Northerly boundary line N.89 40'00"W., feet; thence N.OO 20'00"E., feet to the Southerly boundary line of BLOCK 98 of said HENDRY & KNIGHTS MAP OF THE GARRISON; thence S.89 44'23"E., feet along said Southerly boundary 1 ine to the S outheast c orner o f L OT 2 1 of s aid B LOCK 9 8; thence S.00 20'00"W., feet to the POINT OF BEGINNING. Note: Easement is from the brick roadway (17.2+/- to 18.5+/- NGVD) to bottom of the proposed third floor (47.2+/- to 48.5+/- NGVD). If utilities are relocated, then easement will be adjusted to bottom of the proposed second floor (38.6+/- to 39.9+/- NGVD). Citu of Tampa Right of Wau & Mapping Section l Gfll D6SCRIPTION RPPROV6D

8 ORDINANCE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, REPEALING AND DELETING ALL PROVISIONS OF THE CITY OF TAMPA CODE PERTAINING TO DOG PARKS; AMENDING CITY OF TAMPA CODE CHAPTER 16, ARTICLE I, SECTION 16-8 BY REPEALING AND DELETING SUBSECTIONS "(c)" AND "(d)" PERTAINING TO THE ESTABLISHMENT OF DOG PARKS, CRITERIA FOR SELECTING DOG PARK LOCATIONS, PROMULGATION OF RULES FOR DOG PARKS; AMENDING SUBSECTION "(e)" PERTAINING TO RESPONSIBILITY FOR DAMAGE OR INJURY TO PUBLIC AND DOGS IN PARKS; PROVIDING FOR SEVERABILITY; REPEALING ANY OTHER ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 1, 2001, the City of Tampa adopted Ordinance No , which set forth the criteria for the establishment of dog parks within dedicated parks, the criteria for selecting dog park locations, promulgated rules for dog parks, and set forth the responsibility for damage or injury to the public or the dogs in dog parks; and WHEREAS, it has subsequently been determined that these activities regarding dog parks should fall within the discretion and purview of the City's Parks and Recreation Department Director; and WHEREAS, it is therefore necessary to repeal those sections of Chapter 16 that pertain to dog parks; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That Section 16-8 of the City of Tampa Code is hereby CK/b

9 1 2 4 c ; amended in its entirety by deleting and repealing the language show below as being stricken as follows: "Sec Prohibiting dogs on public places if not in direct control of the owner; defining the term "direct control"; establishment of dog parks; criteria for selecting dog park locations; promulgation of rules for dog parks; responsibility for damage or injury to public and dogs. (a) It is unlawful for any dog owner or person in custody of any dog to allow such dog to go on any public street, road, park or other public property if the dog is not under the direct control of the owner or person in custody of the dog. Said dog need not be in such direct control if the dog is in the public rightof-way of the property of the owner or person in custody of the dog, or if the dog is specially permitted, or is used for hunting pursuant to a permit, legitimate obedience demonstration, show, trial, training exercise, competition, show and/or match or educational program; provided, that when the dog is not in such direct control, the owner or person in custody of the dog and/or the sponsor of the event shall take all proper precautions to ensure the safety and protection of any ember of the public and/or the dog or other dogs." (b) As used herein, the term "direct control" means immediate, continuous physical control of a dog at all times such as by means of a fence, leash, cord or chain, or other means, of such strength to restrain the dog. (e) The parks director may establish dog parks in appropriate locations within dedicated parks. The dog parks shall include, but not be limited to: (4) One acre or more of land surrounded by a four-to-six high chain-link fence, equipped with a double gated entry to keep dogs from escaping and to facilitate wheelchair access; (3) Cleaning supplies, including covered garbage cans, waste bags and pooper scoopcr stations; (3) Shade and water for both dogs and owners, along with benches and tables;

10 1 4 c g (4) A safe, accessible location with adequate drainage and a grassy area that is mowed routinely; (5) Signs that specify park hours and rules; and (6) Parking close to the site. (d) The parks director shall promulgate dog park rules, which shall include, but not be limited to the following: (4) Owners are legally responsible for their dogs and injuries caused by them. -(3) Dogs must never be left unattended, -(3) Children must be under constant supervision. -(4) Owners must clean up after their dogs and immediately fill any holes their dogs dig. -( ) Dogs showing aggression towards people, as determined by parks department personnel, will be removed from the park. -(6) Dogs "in heat" will not be allowed inside the park. -(7) Dogs must be properly licensed and wear ID tags at all times. -(&) Dogs using the park must be at least four (4) months old. -(9) Dogs must be leashed before entering and leaving the park Dogs off their leash are limited to two (2) dogs per person inside the park. Rawhide and food not allowed inside the park.

11 1 2 (42) Dogs must be under voice command at all times. 3 4 (43) Dogs are the only type of animal permitted in dog park. 6 (44) Violators will be subject to removal from the park and 7 suspension of park privileges. 91 (ec) The park director shall post appropriate signs in the deg parks as to 10 the hours of operation and rules of the 4eg park;?, including the acknowledgment 11 that use of the deg parks by the a dog owner and/or person in custody of any dog 12 shall constitute an unconditional agreement to hold the city harmless for any 13 damage or injury to any member of the public and/or the dog or other dogs." 15 Section 2. That if any part of this Ordinance is declared unconstitutional 16 or invalid by a court of competent jurisdiction, the remaining provisions, at the 17 City of Tampa's election, shall remain in full force and effect Section 3. That all ordinances in conflict herewith are repealed to the 2 0 extent of any conflict Section 4. That this Ordinance shall take effect immediately upon 23 becoming a law.

12 1 2 3 PASSED AND ORDAINEDJjY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON ** P " g ! ATTEST: CITY CLERK//DEPUTY CITY CLER PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: DONNA D. WYSONG ASSISTANT CITY ATTORNEY K:/Donna/Parks Ord. Amendment - Dog Parks / u Jn M CHAIRMAN\C \C#AIRM\N PSO-TEM CITY COUNC [CIL APPROVED BY ME ON APR PAM IORIO, MAYOR

13 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 422 CHANNELSIDE DRIVE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) CBD-2 (VACANT LAND AND WAREHOUSE) TO CBD-2 (HIGH-RISE - MULTI-FAMILY, RETAIL, RESTAURANT); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 5 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following described real estate, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit which is presently zoned CBD-2 (vacant land and warehouse) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION CBD-2 (high-rise - multi family, retail, restaurant), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said change on the above-described legal description and all information shown thereof shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein. Section 2. That said Zoning District Classification is hereby amended and to be controlled by a site development plan dated 03//05, a copy of which is attached hereto and by reference made a part hereof as Exhibit B. Section 3. That approval of this rezoning shall not release the Petitioner/Owner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the rezoned site. Section 4. That the approval of said rezoning shall not release the Petitioner/Owner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site. -1-

14 1 Section 5. That all ordinances in conflict herewith are repealed to the 2 extent of any conflict. 3 4 Section 6. That if any part of this ordinance shall be declared 5 unconstitutional or invalid by a court of competent jurisdiction, the remaining 6 provisions shall remain in full force and effect. 7 Section 7. That this ordinance shall take effect immediately upon 9 becoming a law PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY 12 OF TAMPA, FLORIDA ON flf " Z ATTEST: CHAIRMAN/CHAIRMAN CITY COUNCIL ^ APR APPROVED by me on PREPARED BY AND APPROVED 29 AS TO LEGAL SUFFICIENCY: / / PAMIORIO, MAYOR MORRIS C. MASSEY 36 CHIEF ASSISTANT CITY/ATTxORNEY Z / c

15 LEGAL DESCRIPTION CHANNELSIDE DEVELOPMENT, LLC PETITION NO. Z04-7 DESCRIPTION: A portion of LOT 1, LOTS 2 to 4 inclusive, a portion of LOTS 5,6,7,8,12,13 and, ' LOTS 15 to 21 inclusive and a portion of the vacated alley in BLOCK 98 of HENDRY & KNIGHTS MAP OF THE GARRISON as recorded in Plat Book 2, Page 73 in the Public Records of Hillsborough County, Florida; - A N D LOTS 1 to 4 inclusive, a portion of LOTS 11 to 13, and a portion of the vacated alley in BLOCK 101 of HENDRY & KNIGHTS MAP OF THE GARRISON as recorded in Plat Book 2, Page 73 in the Public Records of Hillsborough County, Florida; AND A portion of the foot right-of-way for EUNICE AVENUE lying between MORGAN STREET and JEFFERSON STREET, all being more particularly described as follows: BEGIN at the Northeast corner of LOT 1 BLOCK 101 of said HENDRY & KNIGHTS MAP OF THE GARRISON; thence S.00 13'36"W., feet along the Easterly line of said BLOCK 101 also being the Westerly right-of-way line of JEFFERSON STREET to the beginning of a non-tangent curve concave to the Northwest having a radius of feet; thence SOUTHWESTERLY feet along the arc of said curve and the Northwest right-of-way line of JEFFERSON STREET as described in Official Record Book 3019, Page 1293 in the Public Records of said County through a central angle of 58 ( 52" (chord bears S.43 23'10"W., feet) to the Northerly right-of-way line of CHANNELSIDE DRIVE; thence along said Northerly right-of-way the following two (2) courses: (1) N.86 42'58"W., feet; (2) S.84 32'"W., feet to the Westerly lot line of LOT 11 in said BLOCK 101; thence N.20 48'07"W., feet along said Westerly lot line and the Northerly extension thereof to the center line of a vacated alley; thence N.89 40'00"W., feet along said center line to the Southerly extension of the Westerly lot line of LOT 4 of said BLOCK 101; thence N.O0 'O3"E., feet along said Southerly extension and said Westerly lot line and the Northerly extension thereof to the center line of right-of-way of EUNICE AVENUE; thence along said centerline of right-of-way the following two (2) courses: (1)N.89 40'00"W., 4.66 feet; S.68 54'30"W., feet to the Southerly extension of the Westerly block line of said «A" EXHIBIT "A

16 BLOCK 98; thence N.20 44'21"W., feet along the Southerly extension of and the Westerly block line of BLOCK 98 in said HENDRY & KNIGHTS MAP OF THE GARRISON also being the Easterly right-of-way line of MORGAN STREET to the Southeasterly limited access right-of-way line of the LEE ROY SELMON EXPRESSWAY; thence along said Southeasterly limited access right-of-way line the following two (2) courses: (1) N.45 05'00"E., feet; (2) N.45 04'57"E., feet to the Northerly block line of said BLOCK 98 also being the Southerly right-of-way line of BROREIN STREET; thence along said Northerly block line and Southerly rightof-way line the following two (2) courses: (1) S.89 54'07"E., feet; (2) S.89 38'55"E., feet to the Westerly right-of-way line of JEFFERSON STREET as described in Official Record Book 3019, Page 1293 in the Public Records of said County; thence along said Westerly right-of-way line the following two (2) courses: (1) S.27 19'23"E., feet; (2) S.00 '00"W., feet along said Westerly right-ofway line also being the Easterly block line of said BLOCK 98 and the Southerly extension thereof to the POINT OF BEGINNING. Contains 3.30 acres more or less. Prepared By Richard E. Marshall, PSM Landmark Engineering & Surveying Corporation City of Tampa Right of UUay & Mapping Section 16GRI D SCB1PTSOSM RPPROV

17 Q ORDINANCE N& AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 05 AND 13 SOUTH HOWARD AVENUE, 2307 WEST MISSISSIPPI AVENUE AND 16 SOUTH ALABAMA AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) CG AND RM-16 TO PD (RETAIL, PROFESSIONAL OFFICE, RESTAURANT, COMMERCIAL PARKING); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 5 East Kennedy Boulevard, in the City of Tampa, this ordinance Florida, under relating the terms to the and rezoning provisions of the of real Chapter estate 27, described City of in Tampa Section Code. 1 of NOW, THEREFORE, 21 BE IT ORDAINED BY THE CITY COUNCIL 23 OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following described real estate, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: A >' (Attached hereto and made a part hereof as Exhibit which is presently zoned CG and RM-16 under City of Tampa Code Chapter 27, 33 be changed to ZONING DISTRICT CLASSIFICATION PD (retail, professional office, restaurant, commercial parking), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said change on the above-described legal description and all information shown thereof shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein Section 2. That said Zoning District Classification is hereby amended and to be controlled by a site development plan dated 02//05, a copy of which is attached hereto and by reference made a part hereof as Exhibit B. Section 3. That approval of this rezoning shall not release the Petitioner/Owner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the rezoned site. 49 Section 4. That the approval of said rezoning shall not release the Petitioner/Owner from meeting all other applicable sections of the City of Tampa -1-

18 1 Code, as such sections relate to the actual permitting and development of the 2 rezoned site. 3 4 Section 5. That all ordinances in conflict herewith are repealed to the 5 extent of any conflict. 6 7 Section 6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining 9 provisions shall remain in full force and effect Section 7. That this ordinance shall take effect immediately upon 12 becoming a law. 13 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF TAMPA, FLORIDA ON ftpr /CHAIRMAN/CH/lRMAfVPR'O-TEMr 21 CITY COUNCIL 22 ATTEST: CITY CLER^BBWffioaS: A p R ^ 28 APPROVED by me on PAM IORIO, MAYOR PREPARED BY AND APPROVED 35 AS TO LEGAL SUFFICIENCY: MORRIS C. MASSeY 40 CHIEF ASSISTANT CITY /ATTORNEY Z i I \

19 LEGAL DESCRIPTION (MUST BE TYPED - DO NOT ABBREVIATE): LEGAL DESCRIPTION: (Reference O.R. Book 10590, Page 0074) PARCEL A Lots 1, 2,3, and 4, BONGART'S SUBDIVISION, according to the plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Hillsborough County, Florida, recorded in Plat Book 9, Page 28, said lands situate, lying and being in Hillsborough County, Florida and the South 64.5 feet of the North feet of Block 10, REVISED MAP OF HOLDEN SUBDIVISION, according to the plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Hillsborough County, Florida, recorded in Plat Book 2, Page 19, said lands situate, lying and being in Hillsborough County, Florida. PARCEL B The West 50 feet of Lots 8 and 9, Block 1, less the North 16 feet thereof, REVISED SUBDIVISION OF BLOCK 1, HOLDEN SUBDIVISION, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Hillsborough County, Florida, recorded in Plat Book 8, Page, said lands situate, lying and being in Hillsborough County, Florida. City of Tampa Right of Uiaif & Mopping Section 163RI D6SCRIPTION RPPROV D NO. EXHIBIT "A"