Fort Walton Beach Council agenda — 12-24-2010 Regular — reading text

Council of Fort Walton Beach ENGINEERING SERVICES MEMORANDUM To: Robert T. Mearns, City Manager From: Michael Beedie, City Engineer Date: December 1452010 Subject: Vacate Easement at 255 Miracle Strip Parkway SE L BACKGROUND: 1. 1. The City of Fort Walton Beach is requesting to vacate an existing utility easement located at 255 Miracle Strip Parkway SE. 2. DISCUSSION: 2. 1. The easement was granted to the City in 1945 for the right and privilege to extend water supply and sewer pipes and lines over and through the property. No utilities were ever placed within the easement, and the easement is no longer needed. 2. 2. The process for vacating a public street, alley, easement, or plat is outlined in Section 10. 92. 04 of the City of Fort Walton Beach Code of Ordinances. The review criteria are as follows: 2. 2. 1. There is no present necessity or reasonable foreseeable necessity for the easement; There are no utilities in the easement and there is no needfor the easement in the foreseeable future. 2. 2. 2. The right to exclusive or necessary access of adjoining property owners will not be negatively impacted; Not applicable. Adjoining property owners not affected. 2. 2. 3. Access to a public water body will not be negatively impacted. Not applicable. No public water body access. 3. FINANCIAL INFORMATION: 3. 1. There is no financial impact to the City for vacating the easement at 255 Miracle Strip Parkway SE. 4. LOCAL PLANNING AGENCY RECOMMENDATION: DOC ID: 1073 Page 1 Packet Pg. 67  17. 1 ORDINANCE ( ID # 1073) 4. 1. At the December 2, 2010, Regular Meeting of the Local Planning Agency (LPA), the LPA recommended unanimously (7 -0) to adopt Ordinance No. 1843 to vacate the existing utility easement at 255 Miracle Strip Parkway SE. 5. STAFF RECOMMENDATION: 5. 1. Staff respectfully recommends City Council adoption of Ordinance No. 1843 to vacate an existing utility easement at 255 Miracle Strip Parkway SE. ATTACHMENTS: Map - Easement at 255 Miracle Strip Parkway SE ( PDF) Original Easement Contract - 255 Miracle Strip Parkway SE ( PDF) 255 MSP Easement Contract ( PDF) Ordinance 1843 ( DOC) SIGNATURE BLOCK: Michael Beedie Completed 12/ 03/ 2010 10: 59 AM City Clerk Completed 12/ 06/ 2010 8: 41 AM City Attorney Completed 12/ 07/ 2010 2: 57 PM Carole Jones Completed 12/ 06/ 2010 11: 18 AM City Manager Completed 12/ 09/ 2010 9: 44 AM City Council Pending Packet Pg. 68  4 rSa; ; 3 iA ' T t;X# RhOf PERXIT D& IIhL ' $ T .Z' ' 1161 This Indenture snde t hi s botwe corporation under thyo laws oa the ' hewn of Fort walton, 81 rld v a mnniaipal or the state of l'3orida; _ or _. and in- sonsiderstiow 11T 8 BTRS That the..said sum of 4nl 1* 1. 1ary hat% ed,, bargained and sold, and hereby . does Ot • the Floridaato its t, bargain and sell unto t d Town of Fort Talton, sxacses o rs d ass and i s the rghi privilcdgS to extend its water MPPIT I sewor plpessMt mad line over thromgh the following described property, Florida, catod M& situated In said To 01 f pert c9alten, Okslooss ooantT, to- wit; _ r, Walton, for ten feet {1C3 ft) of ldt` rip 96 in ; rester Camp North thereof in the east hill edition 46 Camp Jaltort) a cording to the plat tloosa being a portion of office ,of the clerk of the Courtt County, 2 Rgnge 24 West, Ckaloosa County, reactional section 242 Twp, 5outhj F1or ida. { sir ulcer : tenementst hereditaments and appurt- Together with ,ull and in ':anywise appertadnin -) free from all exemp anances thereto belonging or agents %Ad tions aiatherised by its officers, S never and employess to to upon said prop] es` and dig a ditch, or ditches sure ooi mm., or X41' hereafter be sour 1- — Sao and. upon the said premises as r and sewer pipesand lines over said promises 1st and thereafter rr:intain V& PROVI1W, hew- an d ase the * a" for publ ILO as iach i s intended to be used; itnes and drainers are so lid, after said sewer Md " ter pipes, over #,t an not to uteri- said ditches are to be ref Ill edi' M4 the groand leveled so 3 End terse their heirs, administrators , all. d image said propertyt the assigns agree and conseht that imy will never install or erect or permit aeon above land sad In I to be installed or created agT building or Obstacle, vo O`blaildigs, fence or other UVrove event that it is necessary to nentsin laylag such pipes. 1la" or drains the said Torn of tort 9414P129 Florida will pay all expenses of such app. replace such bull it h  11. 1. a r s  f r. .. . LL 8 U LLJ cc Z p 0 WO LL UO m 0r N0O cn JJ Yk ui d U fa N O O a o a SSZ u U= 1 Tn c0 W O W az w p a sr, otbor lmpr S baak At its .giaas. asia, without dM age to the bnild%* a, -fenco- vr. "Id her, is eo reamts• far Witness- whorso have borosnto se*. 2 and thia tb• day amd .jroar fir written*  1j i f i N Signed, sealed and delivered in pre fence , tom : P Seal State of Florida Okaloosa Co ty This before the undersigned personally appeared to me well known to be the individual described in d who executed the fore- going deed of easement and acknowledge that excuted the same for the uses and purposes therein expressed* In witness whereof, I ve hereunto et my hand and affixed by Official seal, this day of