Fort Walton Beach Ordinance — 2081--340 Beal Parkway--Easement — reading text

FILE #3493009 RCD: 9/ 30/ 20219: 13 AM, BK: 3577 PG: 1365, RECORDING: 515. 00 RECORDING ARTICLE V: 512. 00 DEPUTY CLERK ASECRIST JD PEACOCK 11 CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA lei{: 4- 4 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 340 BEAL PARKWAY NW AND AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN THE ATTACHED EXHIBIT; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Fort Walton Beach received an application from the property owner of 340 Beal Parkway NW, Fort Walton Beach, Florida (" Subject Property") requesting the City vacate an existing utility 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 utility 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 I. 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 September 14, 2021 and September 28, 2021, 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 B. The proposed vacation is consistent with the Comprehensive Plan. Section 3. Vacation, Abandonment, Discontinuance, Closure The City' s interest in the easement as indicated in Exhibit A is hereby vacated. 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 BK: 3577 PG: 1366 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. Adopted: r2ff', Richard ARynearson, ' — ayo— r-- Attest: Approved for forrn, kes, Jr.", BK: 3577 PG: 1367 I' l — 00 OFFICIN RECORDS PK 1552 PG 1656 P, f3 CZA Z L T R (F- L -r ( 5-R,. 15 9) 100' RA-i Rt. CURVE V DATA: rp I_ ZP zz 1 2R - 142 S 10' CURVEL DATA mw Cf_)P,, r 1 k0l Ac, 64".1M. T= 10(a. 26' cw-% Rfa% 566" loWle qsj"Pis" I V! Ms G. Wis. 9 212, 1_ 7 EE VolVol PROPOSED r ww to 0 FORD PROPERTY H. On, 5, Bul LD INC, 0 5C -HW EIZER/ ROTH k n PA RTNER541P ce z P,0. 5. rp OF F-AbLMENT j EK15TING ZO' EASEMENT C; UTILM EA5LMLNT.< ON FORD PROPERTI, w-- - - --. I. _ _IAJ 3 ig--i& kl5w CCA I OF THE NW v+ J OF T:t V V4 - OF SECT 10 T- 25, 9 - Z4 W, 0 KA Co. , FL. PO.PO. C.C. N.N. LlLl NENE SCOTTSDALESCOTTSDALE $ $ 1010 FORFOR CASEMENT CASEMENT NENE CDR,CDR, 5COIMAL 5COIMAL LL F-!F-! 5CA)5CA) PTl0WPTl0W S/S/ DD PLATPLAT $ $ K,K, 5,5, NN SCALESCALE I"= 100100 FEB,FEB, 2.2.3131 19qo19qo TWISTWIS 1515 NOTNOT AA 5uP.5uP.14F-14F- 14,14,  CITY OF FORT WALTON BEACH NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF ALLEY ROW EASEMENT A public hearing will be held by the Fort Walton Beach City Council at 6 p.m., Tuesday, September 27th, 2021 at City Hall, 107 Miracle Strip Parkway SW, in the City Council Chambers to consider the following Ordinances : ORDINANCE 2081 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 340 BEAL PARKWAY NW AND AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN THE ATTACHED EXHIBIT; AND PROVIDING FOR AN EFFECTIVE DATE 14P . 7ibp Any person who