Fort Walton Beach Ordinance — 1843 - easement-255 MS Pkwy SE — reading text

4 0 READING1 DATE 1 s i; 2nd ORDINANCE 1843 AN ORDINANCE 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 DESCRIBED AS THE NORTH 10 FEET OF GREATER CAMP WALTON LOT 96, MORE PARTICULARLY DESCRIBED IN THE ATTACHED EASEMENT CONTRACT PERMIT DATED MARCH 1945 FROM W.D. PATRICK AND AS DEPICTED IN THE ATTACHED MAP (EXHIBIT A); AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority. The authority for enactment of this Ordinance is pursuant to the powers of the City of Fort Walton Beach, provided in Section 2 of the City Charter and Section 166.021 and other provisions of the Florida Statutes. Section 2. Findings of Fact. The City Council of the City of Fort Walton Beach finds the following: A. The Municipal Planning Board held a public hearing after due public notice on December 2, 2010, to determine the need for that portion of the easement, as described herein, and recommended that the request be approved; and, B. There is no present necessity, or reasonably foreseeable necessity, for the retention ofthat portion of the easement as described herein. The continued ownership and control of the City' s interest in a portion of the easement, as described herein, is not required; and, C. The right to exclusive or necessary access of adjoining property owners will not be negatively impacted by this action. D. That the access to a public water body will not be negatively impacted. Section 3. Vacation, Abandonment, Discontinuance, and Closure. The City' s interest and use in the following described easement: The easement granted March 21, 1945, to be vacated more particularly described as: North ten feet ( 10 ft) of Lot No. 96 in greater Camp Walton ( or east hill edition to camp Walton) according to the plat thereof in the office of the clerk of the court, Okaloosa county, being a portion of Fractional Section 24, Twp, 2 South, Range 24 West, Okaloosa County, Florida. lrstr # 258' 468 BK.: 2969 RG: 3871Page 1 of 3 Recorded 01; "24,2011 at ' 1: 50 AM. RECORDING. :$ 15. 00 RECCROING ARTICLE'.!: : x12. 00 DEF-1— t" CLERK: P[ ANN ERK  is hereby vacated, abandoned, discontinued and closed and the City of Fort Walton Beach renounces and disclaims all rights and obligations ofthe City and the public in that portion of said easement. Section 4. Effective Date. This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopte Mike Anderson, Mayor aw y!. Attes Approved for legal sufficiency. HelenpenerVCityClerk RITIM G  v. City of Fort Walton Beach America' s Most Beautiful Beaches 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32549 850) 833 -9500 * Fax ( 850) 833 -9640 TDD ( 850) 833 -9925 Helen Spencer City Clerk Tel 850- 833- 9509 hspencer@fwb.org January 12, 2011 Don W. Howard Clerk of Circuit Court Okaloosa County Courthouse Annex Shalimar FL 32579 Dear Mr. Howard: Please record in the Official Records of Okaloosa County Ord. 1843 which provides for the vacation, abandonment, discontinuance and closure of an easement dated March 1945 as depicted in the attached map. Please forward the bill for the recording fee and the recorded document to my attention: Helen Spencer, City Clerk City of Fort Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach FL 32548 Thank you for your assistance. Sincerely, 1 Helen Spe cer City Clerk Ive  Legal M s CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF IC HEARING CITY OF FORT WALTON BEACH, FLORIDA A PUBLIC NOTICE OF PUBLIC HEARING HEARING Will be held on the fol- lowing proposed ordi- nance, at 6:oo p.m. on A PUBLIC HEARING will be held on the following proposed ordinance at 6: 00 p. m. on. 2Q41,Tueoft , jammiry 11, Tuesday, January 11, 2011, in the Council Chamber at Fort Walton Beach City Hall,, ' chamberin attheFortCouncil Wal- 107 Miracle Strip Parkway, SW, at which time the City Council will consider its adoption ton Beach City Hall, 107 Miracle Strip Park - into law. The ordinance in its entirety may be inspected at the Office of the City Clerl way, SW, at which time the City Council will during regular working hours. All interested parties may appear at the meeting and bC sider, its adoption heard with respect to this proposed ordinance. into law. The ordinance in its entirety may be j inspected at the Office of the City' Clerk during ORD. 1843 regular , working hours. All Ariterested parties may, appear AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING t me pandr be heard with respect to this pro - FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE ordinance. VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF AN aW 1wa EASEMENT DESCRIBED AS THE NORTH 10 FEET OF GREATER CAMP WALTOI AN CE OF ' LOT 96, MORE PARTICULARLY DESCRIBED IN THE ATTACHED EASEMENT T a'' FORT BEACH, CONTRACT PERMIT DATED MARCH 1945 FROM W.D. PATRICK AND A: PRrovlD- _ DEPICTED IN THE ATTACHED MAP ( EXHIBIT A); AND PROVIDING FOR Al ING FOR AUTHORITY; PROMNQ FOR ; EFFICTIVE DATE. F11141* 8 OF' FACT; PROVW11NB FOR THE '• VACATION, ARAN- _ Any person who decides to appeal any decision made with respect to any mattE DONM, DISCON- TINUANCE AND _ considered at such hearing will need a record of the proceedings, and for such purpos SURE : OF' AN EASE- MENT DESCRIBED may need to ensure that a verbatim record of the proceedings is