Fort Walton Beach Ordinance — 1833 - Housing Authority PUD — reading text

READING DATE 1st 2nd ORDINANCE 1833 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY & INTENT; AMENDING SECTION 2 OF ORDINANCE 1769; AUTHORIZING FURTHER CONVEYANCE OF PROPERTY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: SECTION 1. AUTHORITY& INTENT a. The authority for this Ordinance is Section 166. 021, Florida Statutes, and section 2. 00. 05 of the City Code. b. Ordinance 1769 was adopted on August 28, 2008, to transfer a City- owned parcel at 28 Methodist Avenue SE to the Fort Walton Beach Housing Authority for an affordable housing development. This ordinance amends section 2 of Ordinance 1769 to revise the the distribution of units by income. SECTION 2. AMENDMENT OF ORDINANCE 1769 SECTION 2 FINDINGS OF FACT is hereby amended as follows; 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, less than or eaual to 120 % of the Area Median Income. /\ total of forty (-10) units JNiII be r~served for residents earning eighty to one hlJndred ~ 1 Nent} peroent 80 120%) of the ar.ea median income and one hundred sixty ( 160) units reserved for residents earning sbdy ( 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. Instr # 2642917 BK: 2941 PG: 3177, Page 1 of 3 Recorded 06/ 30/ 2010 at 10:06 AM, RECORDING: $ 15. 00 RECORDING ARTICLE V: $ 12. 00 DEPUTY CLERK PDUNN DON \;^J, HO\ l\ lARD. CLERK. OF COURTS. OKALOOSA COUNTY. FL  SECTION 3. CONFLICTING PROVISIONS If any other ordinance, or parts of any ordinance, or provision of the Land Development Code are in conflict with this ordinance, the provisions of this ordinance shall prevail. SECTION 3. SUBSEQUENT CONVEYANCE The City hereby authorizes the further and subsequent transfer of the property to Sound Side Apartments, LLC, to effectuate the intent and purpose of Ordinance 1796. SECTION 4. SEVERABILITY Should any section, part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of, as a whole or any part, other that that part declared to be invalid. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval by Council and signature by the Mayor. Mike Anderson, Mayor APp.roved, and le9~ 1 sufficiency. tj' j"":' r r~-::: fOfrm Toni L. Craig, City Attorne~ Hel'en' A..> Spencer~'City , Clerk Codification Instructions: Not codified. DISPOSITION Oed. 1833 Page 2 of3  Exhibit 1 Quit Claim Deed from City to Fort Walton Beach Housing Authority Corporate Entity Oed. 1833 Page 3 of3  O 0 12441416S Dee Insb# 2SX041 BK: 2864 PG: 787Page1 d1 R R11/01/26 el 11: 20 0P RECORDING: 56. 00 RECORDING ARTICLE V: 5400 The State of Florida DEED DOCSTAMPS: 50_70 County of Okaloosa DEPUTY CLERK DRUBALCAVA CON W. KewAROUERK OF COURTS, esALmu_ ourm This QUIT LAIM DEED, executed on 5m6o' 0/ 2008 by Mi a Anderson, the Mayor of the City of Fort Walton Beach, Florida, of PO Box 4009, Fort Walton Beach, Florida 32549, Grantor, to Fort Walton Grantee:Beach Housing Authority, of 27 Robinwood Dr, SW, Fort Walton Beach, Florida, 32547, 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, describedall lot, thepiece right, title, interest, or parcel claim and demand which the first party has in and to the following 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 above. Signed, sealed and delivered in the presence of: City of Fort Walton Beach, Florida C7C/ P Witness Name: S - Jore. S 44- 1- 0 17. Mike Anderson, Mayor Q o WitnessWitness, Name: 1 U4r. E+kn The foregoing instrument was acknowledged before me on g//++- 6,yrijir/( I, 2008, by Mike Anderson, Mayor, did not take an oath. City of Fort Walton Beach, Grantor, who is persefially known to me and who This Instrument Prepared by: Notary Public Toni L Craig. Fit Bar# 115444 do PO Boa 4009 Fort Walton Beach Ft. 32549 p iF ` oble D. k C10t1ald Commission D0 B*Ml October 16,7tg01 2011 a.w 1w Tp r., 4. rea. emassm, a 93  NDRTIIWEST HORIIJA c Daily legal 8278 News CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBUC Published Daily HEARING A Fort Walton Beach, Florida PUBUC HEARING will be held on. the fol- Distributed in Okaloosa, Santa Rosa & Walton Counties lowing proposed ordi- nance at 6:00 p. m. on Tuesdey, June 22 2010, In the Councli Chamber at Fort Wal- State of Florida ton Beach City Hall 107 Miracle StrIp Park~ way, sw. a . t whIch time County of Okaloosa the City Council will consIder. Ita adoption Into law. The