Fort Walton Beach Ordinance — 1844 - easement-17 Eglin Pkwy SE — reading text

City of Fort Walton Beach America' s Most Beautiful Beaches 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32549 850) 833 -9500 * Fax ( 850) 833 -9640 TDD ( 850) 833 -9925 Helen Spencer City Clerk Tel 850- 833- 9509 hspencer@fwb.org March 30, 2011 Don W. Howard Clerk of Circuit Court Okaloosa County Courthouse Annex Shalimar FL 32579 Dear Mr. Howard: Ordinance 1844 was recorded by the Okaloosa County Clerk's Office on January 24, 2011; however, the wrong exhibit was inadvertently attached.. Enclosed is the correct Exhibit A, 17 Eglin Parkway SE, for Beach Community Bank, which needs to be recorded with the ordinance. Please re- record in the Official Records of Okaloosa County Ord. 1844 which provides for the vacation, abandonment, discontinuance and closure of an easement dated May 1953 as depicted in the corrected Exhibit A, 17 Eglin Parkway SE. Please forward the bill for the recording fee and the recorded document to my attention: Helen Spencer, City Clerk City of Fort Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach FL 32548 Thank you for your assistance. Sincerely, Helen Spen er City Clerk Ive  READING DATE 1st 2nd ORDINANCE 1844 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF AN EASEMENT DESCRIBED AS THE NORTH 20 FEET OF OCEAN CITY LOT 372, MORE PARTICULARLY DESCRIBED IN THE ATTACHED EASEMENT CONTRACT PERMIT DATED MAY 1953 AND AS DEPICTED IN THE ATTACHED MAP (EXHIBIT A); AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority. The authority for enactment of this Ordinance is pursuant to the powers of the City of Fort Walton Beach, provided in Section 2 ofthe City Charter and Section 166.021 and other provisions of the Florida Statutes. ction 2. Findings of Fact. 0 The City Council of the City of Fort Walton Beach finds the following: CJ A. The Municipal Planning Board held a public hearing after due public notice on December JJ J, 2, 2010, to determine the need for that portion of the easement, as described herein, and G r recommended that the request be approved; and, B. n There is no present necessity, or reasonably foreseeable necessity, for the retention ofthat W' portion ofthe easement as described herein. The continued ownership and control ofthe n oz City' s interest in a portion of the easement, as described herein is not required; and, Y L- 6 C. W The right to exclusive or necessary access of adjoining property owners will not be N T7 [ L negatively impacted by this action. oC) JJz UIr a W D. That the access to a public water body will not be negatively impacted. ctionction 3.3. Vacation,Vacation, Abandonment,Abandonment, Discontinuance,Discontinuance, andand Closure.Closure. TheThe City'City' ss interestinterest andand useuse inin thethe followingfollowing describeddescribed easement:easement: TheThe easementeasement grantedgranted MayMay 16,16, 1953,1953, toto bebe vacatedvacated moremore particularlyparticularly describeddescribed as:as: Beginning Beginning atat NorthEastNorthEast CornerCorner ofof LotLot 372,372, thencethence runrun WestWest 150150 feetfeet toto NorthWestNorthWest cornercorner ofof saidsaid lot,lot, thencethence runrun SouthSouth alongalong WestWest sideside ofof saidsaid lotlot 2020 feet,feet, thencethence runrun EastEast 150150 feetfeet parallelparallel withwith NorthNorth lineline ofof saidsaid lotlot toto EastEast lineline ofof saidsaid lot,lot, thencethence NorthNorth alongalong EastEast sideside ofof saidsaid lotlot 2020 feetfeet toto pointpoint ofof beginning,beginning, beingbeing thethe NorthNorth 2020 feetfeet ofof saidsaid lotlot 372,372, accordingaccording toto InstrInstr # # 26326352632635 EK:EK: 29692969 PG:PG: 4681,4681, PagePage 11 ofof 33 RecordedRecorded 01:01: 24;24; 20112011 atat 04:04: 3636 PM.PM. RECORDINGRECORDING $ $ It_It_0C0C RECORDINGRECORDING A.A. R7CLER7CLE V:V:$ $ 120C120C DEPU"`/ DEPU"`/ CLERKCLERK PDUNNPDUNN  map of Ocean City, an addition to Fort Walton, Florida, duly recorded in Plat Book 1, page 28A, records of Okaloosa County, Florida is hereby vacated, abandoned, discontinued and closed and the City of Fort Walton Beach renounces and disclaims all rights and obligations ofthe City and the public in that portion of said easement. Section 4. Effective Date. This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted: O// A1(-4'- --- Mike Anderson, Mayor Attest. ` r , y, AND Approved for legal sufficiency. Helen r i49 lei DISPOSITION  11 U C N y Lmr y CO v c rn U w W to 3 i W U) n- Y C LU M I-r— M M 0 W ( D C O 2 E mcub N x LU W EZ E 0 U L U m V MW  READING DATE 1st 2nd ORDINANCE 1844 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF AN EASEMENT DESCRIBED AS THE NORTH 20 FEET OF OCEAN CITY LOT 372, MORE PARTICULARLY DESCRIBED IN THE ATTACHED EASEMENT CONTRACT PERMIT DATED MAY 1953 AND AS DEPICTED IN THE ATTACHED MAP (EXHIBIT A); AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority. The authority for enactment of this Ordinance is pursuant to the powers of the City of Fort Walton Beach, provided in Section 2 ofthe City Charter and Section 166.021 and other provisions of the Florida Statutes. Section 2. Findings of Fact. The City Council of the City of Fort Walton Beach finds the following: A. The Municipal Planning Board held a public hearing after due public notice on December 2, 2010, to determine the need for that portion of the easement, as described herein, and recommended that the request be approved; and, B. There is no present necessity, or reasonably foreseeable necessity, for the retention ofthat portion ofthe easement as described herein. The continued ownership and control of the City' s interest in a portion of the easement, as described herein, is not required; and, C. The right to exclusive or necessary access of adjoining property owners will not be negatively impacted by this action. D. That the access to a public water body will not be negatively impacted. Section 3. Vacation, Abandonment, Discontinuance, and Closure. The City' s interest and use in the following described easement: The easement granted May 16, 1953, to be vacated more particularly described as: Beginning at NorthEast Corner of Lot 372, thence run West 150 feet to NorthWest corner of said lot, thence run South along West side of said lot 20 feet, thence run East 150 feet parallel with North line of said lot to East line of said lot, thence North along East side of said lot 20 feet to point of beginning,