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

said lot, thence North along East a' de of said lot 20 feet to point of beginning, being the North 20 feet of said lot 372, according to map of Ocean City, an addition to Fort Walton, Florida, duly recorded in Plat book 10 page 28A, records of Okaloosa County, Florida. For the consideration of and upon the condition that the party of the second part officially and effectively close a part of an existing alley, said part to be closed described as follows: A part of the alley bordered on East side by Chestnut Avenue and on the West side by Highway 85 or Florida Avenue as shown on Plat, and on the South side by Third Street and entersecting another alley on the North side according to map of Ocean City, an addition to Fort Walton, Florida, duly recorded in Plat Book 1;, page 28A, records of Okaloosa County, Florida, the part of said alley to be closed being described as follows: Beginning at SouthWest corner of Lot 374, thence run North Along East side of satd Alley 100 feet, thence West 20 feet being the width of said Alley, thence South 100 feet along West side of Alley line , aAd ' thence East 20 feet to point of beginning. Imst, X 2655365 BK: 2950 PG: 1423,Pag. 1 of 2 Recorded 09/0112010 at 11: 47 AM, RECORDING: $ 10.50 RECORDING ARTICLE V: $ 6.00 DEED DOCSTAMPS: $ 0.70 1 DEPUTY CLERK DALLGOOD COUNTY. FL DON W. HOWARD.CLERK OF COURTS. OKALOOSA  POP r 4 This easement granted by the party of the first part to become effective upon the said conditions being performed by the party of the second part and to continue in effect as long as the said alleyway remains closed and in the event the party of the second part breaches this condition by re- opening or discontinues use of easement property granted, the said alleyway /, this easement shall become null and void, and full and unencumbered title and use of the said property shall revert to and become the property of the first part, their heirs and assigns. Witness our hands and seals this date. Witnesses as to party of PARTY OF FIRST PA first part 1 Ad Witnesses as to party of PARTY OF SECOND PART second part TOWN OF FORT WALTON, FLORIDA BY: STATE OF FLORIDA COUNTY OF OKALOOSA I hereby certify that on this day before me, an officer duly authorised in the State and County aforesaid to take acknow- ledgements, personally appeared Neal Robinson and wife, Estelle Robinson and Tom Barrow and wife, Lois Barrow, to me known to be the persons described in and who executed the foregoing instrument, and severally acknowledged before me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal this 16th day of May , 1953• A• D• query Public. State of Florida at largo My commission expires Oct. 18, 1955. Banded by NmwiW Surety " of K Y,  i LOT : 57Z 00-F-AN C, 17Y kALE 50 6 111- 11& ALLEY F= A6G-WleMT oo 3 QQ C) NONO WW XX LollLoll 20'20' ALLr-ALLr- YY CLWC-CLWC- J) 121121 FH I RAD 00 7REF-7REF- 77 6060 44 C)C) VV e. nn EASEMENTEASEMENT -# -# 1:!)  71. 2. d 1 ORDINANCE 1844 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 20 FEET OF OCEAN CITY LOT 372, MORE 8 PARTICULARLY DESCRIBED IN THE ATTACHED EASEMENT 9 CONTRACT PERMIT DATED MAY 1953 AND AS DEPICTED IN THE 10 ATTACHED MAP (EXHIBIT A); AND PROVIDING FOR AN EFFECTIVE 11 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 29 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 of the 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 May 16, 1953, to be vacated more particularly described as: 41 42 Beginning at NorthEast Corner of Lot 372, thence run West 150 feet to NorthWest corner of 43 said lot, thence run South along West side of said lot 20 feet, thence run East 150 feet 44 parallel with North line of said lot to East line of said lot, thence North along East side of 45 said lot 20 feet to point of beginning, being the North 20 feet of said lot 372, according to Packet Pg. 77  11. 2. d 46 map of Ocean City, an addition to Fort Walton, Florida, duly recorded in Plat Book 1, page 47 28A, records of Okaloosa County, Florida 48 49 is hereby vacated, abandoned, discontinued and closed and the City of Fort Walton Beach 50 renounces and disclaims all rights and obligations of the City and the public in that portion of 51 said easement. 52 53 Section 4. Effective Date. 54 55 This Ordinance shall take effect immediately upon approval by the City Council and 56 signature of the Mayor. 57 58 59 Adopted: 60 Mike Anderson, Mayor 61 62 63 Attest: Approved for legal sufficiency. 64 65 66 67 Helen Spencer, City Clerk Hayward Dykes, City Attorney Packet Pg. 78  11. 3 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 201 Eglin Parkway SE L BACKGROUND: 1. 1. The City of Fort Walton Beach is requesting to vacate an existing utility easement located at 201 Eglin Parkway SE. 2. DISCUSSION: 2. 1. The easement was granted to the City in 1944 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;