Fort Walton Beach Ordinance — 2192--City Vacating Easement at 206 Perry Ave SE—Recorded — reading text

File #: 3776623 10/08/2025 08:58 AM Fees: $52.50 Intangible Tax: $0.00 READING| DATE DC MNichols Let Brad E Embry Clerk of Circuit Court Okaloosa County, FL oon fi pal - Ye ORDINANCE 2192 nv AN ORDINANCE OF THE CITY COUNCIL 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 LOCATED AT 206 PERRY AVENUE SE AND AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN THE ATTACHED EXHIBIT IDENTIFIED WITH CROSS-HATCHING; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Fort Walton Beach received an application from the property owner of 206 Perry Avenue SE, Fort Walton Beach, Florida (“Subject Property”) requesting the City vacate an existing easement located on the Subject Property; and WHEREAS, pursuant to Section 9.09.03 of the Fort Walton Beach Land Development Code (“LDC”), there must be a finding by the City Council that the area proposed for vacation no longer serves a public purpose and that the area to be vacated is no longer required to provide access to or maintenance of public facilities; and WHEREAS, the area proposed to be vacated is an easement that the City has identified as no longer serving a public purpose and not currently providing access or maintenance to any public facilities; and WHEREAS, the City Council finds that the application for vacation of easement does meet the requirements of Section 9.09.03 of the LDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, THE FOLLOWING: Section 1. Authority & Intent A. The authority for enactment of this ordinance is contained in Chapter 166.021 and other provisions of the Florida Statutes and Section 2 of the City Charter. B. The City Council conducted public hearings on August 26, 2025, and September 9, 2025, after giving due public notice. Section 2. Findings of Fact The City Council hereby finds the following: A. The area proposed for vacation no longer serves a public purpose and is not required to provide for access to or maintenance of any public facilities; and a B. The proposed vacation is consistent with the Comprehensive Plan. DOC #3776623 Page 2 of 6 10/08/2025 08:58 AM Section 3. Vacation, Abandonment, Discontinuance, Closure The City’s interest in the easement as indicated below is hereby vacated. A ten foot (10') Strip along the South side of the following described real estate: A parcel of land in Section 24, Township 2 South, Range 24 West, in Okaloosa County, Florida, described as a portion of Lot 1, Block A, Buck's Addition to Fort Walton Beach, as recorded in Plat Book 1, page 100 of the Official Records and more particularly described as Commencing at a nail and disk at the Southwest comer of the Southeast Quarter of Section 13; thence South 88°36'12" East along the North line of said Section 24, 373.17 feet; thence South 01°28'44" West along a line parallel with the West line of said Lot 571, 223.42 feet to the Point of Beginning. Thence continuing along the last described course, 91.59 feet; thence South 88°36'12" East, 119.37 feet to the West Right-of-Line of State Road 85A (Perry Boulevard) thence North 02°19'39" East (reference bearing) along said West line, 91.60 feet; thence North 88°36'12" West, 120.73 feet to the Point of Beginning. Containing 0.25 acres, more or less. All in Section 24, Township 2 South, Range 24 West, Okaloosa County, Florida. Section 4. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Section 5. Effective Date This Ordinance shall take effect immediately upon adoption on second reading by City Council and signature of the Mayor. Attest: Nit Allegretto, Mayor{ Approved as to legal form and sufficiency for thie City Iton Beach, only. — Niiinberly Ro Romano Kopp, Cay ttomey ’ a ae DOC #3776623 Page 3 of 6 10/08/2025 08:58 AM PLEASE RETORW TO". aarti realidad #8 OT “CIAL RECORDS # Ua Nal .Dr. 1 ” ty yea} FLiweh= Beach, FL 32647-6711 BK 2z1z PG 1913 eS GRANT OF EASEMENT THIS AGREEMENT made and entered into on this fed day of vi LLYLE/ 1999, by and between Vince Bruner, (‘Grantor’), a married man, whose address is Vince Bruner & Associates, 110 Eglin Parkway S.E. Fort Walton Beach, Okaloosa County, Florida, 32548, and the City of Fort Walton Beach, Okaloosa, County, Florida (“City”), whose address is P.O. Box 4009, Fort Walton Beach, Florida, 32458, FILE # 1705211 RCD: Jun 08 1999 @ 01:13PM THRPARTIES RECITE AND DECLARE: Newnan C. Brackin, Clerk, Okaloosa Cnty F A. GRANTOR is seized in fee simple and in possession of lands set forth in the metes and bounds description described on the document marked “Exhibit A” attached hereto and made a part hereof. The drawing set forth on the document marked “Exhibit B” attached hereto and made a part hereof is for reference only. B. Grantor and City are making exchanges of other property and property rights simultaneously with the execution of this document. The parties declare that Grantor’s grant of this easement to City is part of the substantial consideration of the parties to all of these real property transactions, Cc. Grantors have agreed in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to grant to City, an easement over the land described above for the purposes and in the manner expressed herein. Deed Doc Stamps $.70 D.C. Grr Def Pen WITNESSETH: That, in pursuance of this agreement, and in consideration of the sum of Ten Dollars and other good and valuable consideration, receipt and sufficiency of which is acknowledged, Grantor grants unto City, its successors and assigns; a public easement with full and free right and liberty for it to use and enjoy for the purposes of public easement in order that the public can have ingress and egress over and upon the easement between Perry Avenue and the outlet center property to the public parking lot. casement No. ¥¥0 DOC #3776623 Page 4 of 6 10/08/2025 08:58 AM #3 OF “IAL RECORDS #s . oo BK 2212 PG 1944 TO HAVE AND TO HOLD the easement hereby granted unto City, its successors and assigns, as appurtenant to the land of the Grantor and those likely situated and every part of it. Grantor further covenants that the real property burdened by this easement is not his homestead. IN WITNESS WHEREOF, Grantor has set his hand and seal on the day and year first above written. Signed, sealed and delivered Viking in 7. ee as Ie ab i Yh a Vf Vince Brifér "Crwet @Le Don Anahors Printed fame: ond STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing inst Ns acknowledged before me this gd ad day of Vine. ly 1999, by Vince Bruner. .s ~ “t@ anet: se9, % Sy oe AA fo Ne soy No. COTBITST J TE Notary Public % “ug OF EX wt —_ “tata yy My Commission Expires: Personally Known WA OR Produced Identification Type of Identification Produced DOC #3776623 Page 5 of 6 10/08/2025 08:58 AM #¢ (0, ICTAL RECORDS #¢ BK 2212 PG 1945 A ten foot (10') Strip along the South side of the following described real estate: A parcel of land in Section 24, Township 2 South, Range 24 West, in Okaloosa County, Florida, described as a portion of Lot 1, Block A, Buck’s Addition to Fort Walton Beach, as recorded in Plat Book 1, page 100 of the Official Records and more particularly described as Commencing at a nail and disk at the Southwest corner of the Southeast Quarter of Section 13; thence South 88°36'12" East along the North line of said Section 24, 373.17 feet; thence South 01°28'44" West along a line parallel with the West line of said Lot 571, 223.42 feet to the Point of Beginning. Thence continuing along the last described course, 91.59 feet; thence South 88°36'12" East, 119.37 feet to the West Right-of-Line of State Road 85A (Perry Boulevard) thence North 02°19'39" East (reference bearing)along said West line, 91.60 feet; thence North 88°36'12" West, 120.73 feet to the Point of Beginning. Containing 0.25 acres, more or less. All in Section 24, Township 2 South, Range 24 West, Okaloosa County, Florida. Exhibit A Legibility of some entries on this page not suitable for Microfilm/Imaging records. Recorders Memo: Mar-11-¥Y9 OY:52A OFFICIAL RECORDS #4 BK 2212 PG 4916 FIRST STREET 26 vu con = ior'sn Ee o NO tors S © es tT FOR 8 WE_COR So SW CORNER OF 6 Re Fe bux, A oa SeE% oF SES. LOT $7) res app on Ne ¢ (pease 24w | OCEAN CITY S/D --3 8 S68° 3%_! - — — } 46 Se "9 37ait 7 ~F ad SE_COR 2 = " ibT $73 | e 1) tore BLE A | ° g | o te | #16 a on 2 < . 5 Fs vs Ww “A 0.67 + A. e iP - YY § 3o8 Is 4 Baw 18 us % Hl5 & + re iy ‘ be 8 9 On “a8 |v a “/ % ge le uj 7 7 LOT 1 23 > ; BLOCK A = 9 § BUCK’S ADDITION yw i|oy < < | Ow ni a Ys 3 Pie 10" é ; 7 i NBS se 12 Ww (120.73 WN | 5 XC 5 | ? EGG | 3 NS 3 | els w 3 Ps | P = | SS WE | * | ” 119.37" _ a 10' pASE A : = N ~ EP my oT" a N | | 998 SURVEY. Hitbcad FILE \DVONSE\DLEDICI 11/2/8% LEASE MAR-11-1999 10:13