Fort Walton Beach Ordinance — 1769 - transfer28 Methodist to Housing Authority — reading text

Cc > READING| DATE rnd epee ORDINANCE 1769 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE REAL PROPERTY PLATTED AS A PUBLIC PARK AND SITUATED AT 28 METHODIST AVENUE SE, FORT WALTON BEACH, FLORIDA; PROVIDING CITY COUNCIL AUTHORITY AND APPROVAL OF THE TRANSFER OF THE PROPERTY TO THE FORT WALTON BEACH HOUSING AUTHORITY; AUTHORIZING AND DIRECTING CLOSING BY THE MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. BE !T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: SECTION 1. AUTHORITY The authority for this Ordinance is Section 166.021, Florida Statutes, and section 2.00.05 of the City Code. SECTION 2. FINDINGS OF FACT a. The City Council, by Resolution 2008-19, adopted April 22, 2008, found that the parcel of City-owned property located at 28 Methodist Avenue SE, Fort Walton Beach, Florida 32548, and described as a Public Park on the Replat of New Germany Addition, is suitable for affordable housing. b. The Fort Walton Beach Housing Authority has applied to rezone the property as a Planned Unit Development of two hundred (200) housing units that will be available to a mix of income levels. A total of forty (40) units will be reserved for residents earning eighty to one-hundred-twenty percent (80-120%) of the area median income and one-hundred-sixty (160) units reserved for residents earning sixty (60) percent of the area median income. C. Therefore, the City Council hereby determines that it is in the best interests of the welfare of the citizens that the City transfer the real property situated at 28 Methodist Avenue, SE, Fort Walton Beach, Florida, to the Fort Walton Beach Housing Authority, or its correct corporate entity. ge 1 of 4 Instr # 2540110 BK: 2871 PG:1556,Pa Recorded 01/08/2009 at 03:55 PM, SECTION 3. REAL PROPERTY TRANSFER AUTHO: . The Mayor and City City Clerk are authorized to execute and d deliver the quit claim deed and other documents as are necessary to close and tramsfer the property described as: Parcel ID No: 13-2S-24-1041-000B-0120 The “Public Park” on the Replat of New Germany Addition, a subdivision recorded in Plat Book 5 Page 60 of the Public Records of Okaloosa County, Florida. RECORDING: $19.50 RECORDING ARTICLE V: $16.00 DON W. HCWARD.CLERK OF COURTS CKALOOSA COUNTY. FL. DEPUTY CLERK KSCHOCLCRAFT © OS SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval by Council and signature by the Mayor. ADOPTED: Oo Nukes huhu Mike Anderson, Mayor ATTEST: Helen A. Spencer, Approved for form and legal sufficiency. Aik Aad Toni L. Craig, City Attorney Z/ Codification Instructions: Not codified. DISPOSITION © > Exhibit 1 Quit Claim Deed from City to Fort Walton Beach Housing Authority Corporate Entity @ @ Quitclaim Deed Instr # 2530341 BK: 2864 PG:4787 Page 1 of 1 Recorded 11/07/2008 at 11:20 AM, RECORDING: $6.00 RECORDING ARTICLE V: $4.00 The State of Florida DEED DOCSTAMPS: $0.70 County of Okaloosa DEPUTY CLERK DRUBALCAVA DON W. HOWARD.CLERK. OF COURTS. CKALOOSA COUNTY. FL | This QUITCLAIM DEED, executed on Seavey ber 7G ___, 2008 by MiKe Anderson, the Mayor of the City of Fort Walton Beach, Florida, of PO Box 4009, Fort Walton Beach, Florida 32549, Grantor, to Fort Walton Beach Housing Authority, of 27 Robinwood Dr, SW, Fort Walton Beach, Florida, 32547, Grantee: WITNESSETH, that Grantor, for and in consideration of the sum of $1.00 and those restrictions contained in the Declaration of Trust recorded at OR Book 1694 Page 1672, as amended and referenced by any subsequent Land Use Restriction Agreement, to be in hand paid by Grantee, the receipt of which is acknowledged, does remise, release and quit-claim to Grantee forever, all the right, title, interest, claim and demand which the first party has in and to the following described lot, piece or parcel of land: Parcel ID No: 13-2S-24-1041-000B-0120 The “Public Park” on the Replat of New Germany Addition, a subdivision recorded in Plat Book 5 Page 60 of the Public Records of Okaloosa County, Florida. TO HAVE AND TO HOLD the same together with all and singular appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the first party, either in law or equity, to the only proper use, benefit, and behalf of the second party forever. TITLE INSURANCE HAS NOT BEEN REQUESTED OR PURCHASED. BOTH PARTIES INDEMNIFY PREPARER FROM ANY AND ALL DEFECTS IN TITLE. IN WITNESS, Grantor has signed and sealed these presents the day and year written we above. Signed, sealed and delivered in the presence of: City of Fort Walton Beach, Florida = Te nes / beg ye wee Mike Anderson, Mayor Kicacre bn Chon. Witness Name: CaAvce ne Ven Even | The foregoing instrument was acknowledged before me on 2 atenher 4], 2008, by Mike Anderson, Mayor, City of Fort Walton Beach, Grantor, who is pers@nally known to me and who did not take an oath. “Notary Public This Instrument Prepared by: Toni L. Craig, Fla. Bar #115444 ~-. clo PO Box 4009 “ithe Fort Walton Beach FL 32549 eat, pie are | reat Expires October 15, 2011 4 00! 93 86 % a e| Bonded Thru Troy Fain insurance 200 5.7010 (850)689-5000 ext 3360 (850)651-7200 ext 4360 P.O. Box 1359 Crestview, Fl. 32536 Transaction Page 1 of 1 *905663* #: 905663 Receipt #: 1272247 Cashier Date: 1/8/2009 3:55:52 PM (KSCHOOLCRAFT) Print Date: 1/8/2009 3:55:50 PM Customer Information Transaction Information Payment Summary DateReceived: 01/08/2009 SHALIMAR Source Code:OVER THE COUNTER SHALIMAR ae ons. FORT WALTON BEACH Q Code:OVER THE Total Fees $35.50 FORT WALTON BEACH, FL 32549 COUNTER | Total Payments $35.50 Return Code: SHALIMAR "MAIL Trans Type: Recording Agent Ref Num: 1 Payments AR $35.50 1 Recorded Items BK/PG: 2871/1556 CFN:2540110 Date:1/8/2009 (ORD) ORDINANCE /769 375550" m Recording @ 1st=$6 Addt'l=$4.50 ea. 4 $19.50 Indexing @ 1st 4 Names Free, Addt'l=$1 ea. 2 $0.00 Recording Fee - Art V 4 $16.00 jo Search Items 1 Miscellaneous Items F] (AGENTTRANSMITTAL/ MISC) AgentTransmittal/ Misc file://C:\Program Files\RecordingModule\default.htm 1/8/2009 NORTHWEST FLORIDA Daily News Published Daily tegal 4763 Fort Walton Beach, Florida CTREACH, FICRIDA Distributed in Okaloosa, Santa Rose & Walton Counties NOTE RING | | | | A’ PUBLIC HEARING wil State of Florida proposed “ordinance "a m. on _ Tuesday, | | | Augusl 26, 2008, in the . ounci amber ot rort County of Okaloosa . Walton Beach City Hall, 107 Miracle Strip Park- way, SW, at which time e City Counc - Before the undersigned authorized personally appeared sider adoption into law. The ordinance in its entirety may be inspected Wieeun Me [tse , »who on oath says that (sjhe” he Office of the City < during regular working hours. All Sten ot. ; ; . . ested parties may appear is ( yssit tal A Vis eY _ of the Northwest Florida Daily News, a daily at the meeting Yond be heard with respect to this proposed ordinance. newspaper published at Fort Walton Beach, in Okaloosa County, Florida; ORD 1769 Fy AN ORDINANCE that the attached copy of advertisement, being a | cged We le? THE CITY ‘OF FORT WALTON BEACH, 7 ) Mlokite FLORIDA, AUTHORIZ in the matter of ’ OF THE REAL PROP- ; a ERTY PLATTED AS A (Ord nenee- 1169 | PUBLIC PARK AND in the BEACH Court, was published in said newspaper in the issues of | AND APPROVAL OF ‘ 7 ¢ . THE FORT WALTON myst 15 AXo08 BEACH . HOUSING f AUTHORITY; AU- THORIZING ANC BE Affiant further says that the said Northwest Florida Daily News is 2 RECTING JAYOR HS newspaper published at Fort Walton Beach, in said Okaloosa County, CITY Se AN EE Florida, and that the said newspaper has heretofore been continuously FECTIVE DATE. published in said Okaloosa County, Florida, each day, and has been 4). cerson who decides entered as second class mail matter at the post office in Fort Walton to appeal any decision Beach, in said Okaloosa County, Florida, for a period of one year next made with respect fo an matter considered at suc preceding the first publication of the attached copy of advertisement; and hearing will need. rec affiant further says that (s)he has neither paid nor promised any person, and ‘for “uch purpose firm or corporation any discount, rebate, commission or refund for the may peed to ensure, that purpose of securing this advertisement for publication in the said proceedings is. made, newspaper. ; which record includes the testimony and evidence ‘upon which the apRey is to be’ based (FS286. STATE OF FLORIDA | 0108} . i lton COUNTY OF OKALOOSA | The City gf fort Welton Americans with Disabili- . . . . j .. ties Act and will make ribed and sworn to (or affirmed) before me this ID hugpok ROD reasonable modifications ~ (Daze) for access to this meetin upon request. Please ca or | ; the City Clerk, Helen ,who is/are personally known to me or Spencer, ot 850-833. ip Ki 2509 ie make 4 request has/have produced —f&¢Smelly Woman as identification. dal | Giy” Hall 1D (Type of identification) asia ae 1-800 3380568740. WOICE} . . Requests must be re- nftetnwNotary Public, Commission No. ceived at least 48 hours IES . in advance of the meet ume D ing in order to allow the State of Florida City time to provide re- ys J + f wt Ds cr . «os My Commission Expires Jat 30, it ame of Notary typed, pr inted or stamped) quested service. a Ae, SS Commission # DD 699122 § Helen Spencer 3 Penged Through Natic i er COREE oan pS A SL TM 833-9509 Legal 4763 Aug Page 1 of 1 Dixie MacDonald From: Helen Spencer Sent: Thursday, August 21, 2008 4:15 PM To: Dixie MacDonald Subject: FW: Ordinance 1769 Dixie, this is on the agenda, | guess the CA attorney did not approve it so don’t know if it will go or not. This is a clean copy | guess. Helen Spencer City Clerk-Fort Walton Beach 850-833-9509 850-833-9640-Fax hspencer@fwb.org From: Toni Craig [mailto:tonicraig@cox.net] Sent: Thursday, August 21, 2008 4:01 PM To: Helen Spencer Cc: Carole Jones; Joyce Shanahan; Samantha Abell; Missy McKim Subject: Ordinance 1769 Attached is Ordinance 1769, and the quit claim deed, for the transfer of the property at Methodist Avenue. For the record, my opinion has not been requested regarding the legal sufficiency of concluding this transfer in light of the objections of the Department of Community Affairs which rejected Ordinance 1761, and will have an effect on Sound Side Development. Therefore, no legal opinion is expressed regarding the legal sufficiency of adopting this on second reading and its implications for the Sound Side Development. Toni L. Craig Attorney at Law Fla Bar No 115444 (850) 243-6969 www.tonicraig.info 8/22/2008