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

A, Do I9 c Notary Publ is State of Florida, at large ICY Commission expires, 1,47 f 3' i Igz, p' 1 CD 0 o L h LU JO Q i01EFlSEMENT J O J Igz. O' H i GREATER CAMP WAL.TDN Scar' i '-, 5o' ( I1 11131 S6 MATER SWMEASE AENT 1( I NOTE I I 1 As or IJwEMpER 1, 198(0 •` t j! 1 1 PORT ( DN U=. C* RFATER CAMP'. I A PART- OF - SLANA. SATE`' , i 5 Opoj ck CA nYEEmT t ti. j`• i. t l  71. 1. d 1 ORDINANCE 1843 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 4 PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; 5 PROVIDING FOR THE VACATION, ABANDONMENT, 6 DISCONTINUANCE AND CLOSURE OF AN EASEMENT DESCRIBED AS 7 THE NORTH 10 FEET OF GREATER CAMP WALTON LOT 96, MORE 8 PARTICULARLY DESCRIBED IN THE ATTACHED EASEMENT 9 CONTRACT PERMIT DATED MARCH 1945 FROM W.D. PATRICK AND 10 AS DEPICTED IN THE ATTACHED MAP (EXHIBIT A); AND PROVIDING 11 FOR AN EFFECTIVE DATE. 12 13 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 15 16 Section 1. Authority. 17 The authority for enactment of this Ordinance is pursuant to the powers of the City of Fort 18 Walton Beach, provided in Section 2 of the City Charter and Section 166.021 and other provisions of 19 the Florida Statutes. 20 21 Section 2. Findings of Fact. 22 The City Council of the City of Fort Walton Beach finds the following: 23 24 A. The Municipal Planning Board held a public hearing after due public notice on December 25 2, 2010, to determine the need for that portion of the easement, as described herein, and 26 recommended that the request be approved; and, 27 28 B. There is no present necessity, or reasonably foreseeable necessity, for the retention ofthat 29 portion ofthe easement as described herein. The continued ownership and control ofthe 30 City' s interest in a portion of the easement, as described herein, is not required; and, 31 32 C. The right to exclusive or necessary access of adjoining property owners will not be 33 negatively impacted by this action. 34 35 D. That the access to a public water body will not be negatively impacted. 36 37 Section 3. Vacation, Abandonment, Discontinuance, and Closure. 38 The City' s interest and use in the following described easement: 39 40 The easement granted March 21, 1945, to be vacated more particularly described as: 41 42 North ten feet ( 10 ft) of Lot No. 96 in greater Camp Walton ( or east hill edition to camp 43 Walton) according to the plat thereof in the office of the clerk ofthe court, Okaloosa county, 44 being a portion of Fractional Section 24, Twp, 2 South, Range 24 West, Okaloosa County, 45 Florida. Packet Pg. 71  17. 7. d 46 47 is hereby vacated, abandoned, discontinued and closed and the City of Fort Walton Beach 48 renounces and disclaims all rights and obligations ofthe City and the public in that portion of 49 said easement. 50 51 Section 4. Effective Date. 52 53 This Ordinance shall take effect immediately upon approval by the City Council and 54 signature of the Mayor. 55 56 57 Adopted: 58 Mike Anderson, Mayor 59 60 61 Attest: Approved for legal sufficiency. 62 63 64 65 Helen Spencer, City Clerk Hayward Dykes, City Attorney Packet Pg. 72  11. 2 City Council of Fort Walton Beach ENGINEERING SERVICES MEMORANDUM To: Robert T. Mearns, City Manager From: Michael Beedie, City Engineer Date: December 14, 2010 Subject: Vacate Easement at 17 Eglin Parkway SE L BACKGROUND: 1. 1. The City of Fort Walton Beach is requesting to vacate an existing ingress / egress easement located at 17 Eglin Parkway SE. 2. DISCUSSION: 2. 1. The easement was granted to the City in 1953 for ingress and egress through the property. No utilities were ever placed within the easement, and the easement is not 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 17 Eglin Parkway SE. 4. LOCAL PLANNING AGENCY RECOMMENDATION: 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. 1844 to vacate the existing DOC ID: 1074 Page 1 Packet Pg 73  11. 2 ORDINANCE ( ID # 1074) ingress / egress easement at 17 Eglin Parkway SE. 5. STAFF RECOMMENDATION: 5. 1. Staff respectfully recommends City Council adoption of Ordinance No. 1844 to vacate an existing ingress / egress easement at 17 Eglin Parkway SE. ATTACHMENTS: Map - Easement at 17 Eglin Parkway SE (PDF) Original Easement Contract for 17 Eglin Parkway SE ( PDF) 17 Eglin Pkwy Easement Contract ( PDF) Ordinance 1844 ( DOC) SIGNATURE BLOCK: Michael Beedie Completed 12/ 03/ 2010 11: 07 AM City Clerk Completed 12/ 06/ 2010 8: 43 AM City Attorney Completed 12/ 07/ 2010 2: 58 PM Carole Jones Completed 12/ 06/ 2010 11: 18 AM City Manager Completed 12/ 09/ 2010 10: 36 AM City Council Pending Packet Pg. 74  I 11. 2,a I Packet Pg. 76  JA_ STATE OF FLORIDA COUNTY OF OKALOOSA THIS INDENTURE made this 16th day of May s1953s between Neal Robinson and wife, Estelle Robinson and Tom Barrow and wife, Lois Barrow, hereinafter called the party of the first part and the Town of Fort Walton, Florida, a municipality, here- inafter called the party of the second part, for the consideration set forth herein do hereby mutually covenant as follows: The party of the first part does hereby grant to the party of the second part and their attendants, servants, visitors, licensees, and invitees an easement for alley purposes with the right of egress and ingress over and to the following described property: Beginning at Northwest Corner of Lot 372, thence run est 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