Fort Walton Beach Ordinance — 2105--Vacating Easement at 215 Glynda Court — reading text

FILE #3581936 RCD: 9/ 29/ 2022 3: 55 PM, BK: 3645 PG: 174, RECORDING: 528. 50 RECORDING ARTICLE V: 524. 00 DEPUTY CLERK ASECRIST JD PEACOCK 11 CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FO R! WALTON BEACHFLORIDA; PRON71DING FOR AUTHORIT I PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR TH! VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE Oi AN EASEMENT LOCATED AT 215 GLYNDA COURT NW AND; AS MO PARTICULARLY DESCRIBED AND DEPICTED IN THE ATTACHE) EXHIBIT IDENTIFIED WITH CROSS -HATCHING; AND PROVIDING FO' 1 1 AN EFFECTIVE DATE WHEREAS, the City of Fort Walton. Beach received an application from the property owner of 215 Glynda Court NW, Fort Walton Beach, Florida (" Subject Property") requesting the City vacate portions of 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 a utility easement that the City has identified as no longer serving a public purpose and not currently providing access or-r 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 September 13, 2022, and September 27, 2022, 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. BK: 3645 PG: 175 Section 3. Vacation, Abandonment, Discontinuance, Closure 1,he City' s interest in the easement as indicated below is hereby vacated, COMMENCE AT THE NORTHWEST CORNER OF THE SECOND ADDITION TO BAYOU WOODS SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 73 OF THE OFFICIAL RECORDS OF OKALOOSA COUNTY, FLORIDA AND PROCEED SOUTH 89 DEGREES 35 MINUTES EAST A DISTANCE OF 855. 8 FEET ALONG THE NORTH LINE OF THE SUBDIVISION; THENCE CONTINUE SOUTH 89 DEGREES 35 MINUTES EAST A DISTANCE OF 5. 00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 02 MINUTES WEST, 5. 00 FEET; THENCE SOUTH 89 DEGREES 35 MINUTES EAST, 137. 00 FEET; THENCE NORTH 00 DEGREES 02 MINUTES EAST, 5. 00 FEET; THENCE NORTH 89 DEGREES 35 MINUTES WEST, 137. 00 FEET TO THE POINT OF BEGINNING, SAID EASEMENT CONTAINING 685 SQUARE FEET, MORE OR LESS. 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. Adopted: L l "I— — ichard, A, Rynearson, Mayor BK: 3645 PG: 176 STATEOF +" D. This indenture made on0 F. Y. 20 2022, by and between JEFFREY J AND JANICE 1 J LYTLE, husband and wife, whose marling whose mailing address is 215 Glynda Court NW, Fort Walton Beach, FL 32548, „ Grantor"; and the CITY OF FORT VWALT© N BEACH, FLORIDA, a Municipal Corporation, whose mailing address is 107 Miracle Strip Parkway SW, Fort Walton Beach„ FL 32548, Grantee", do mutually covenant: WHEREAS, Grantor is the owner in tee simple of that certain property described as: LOT 19, BLOCK B, SECOND ADDITION TO BAYOU WOODS AS RECORDED IN PLAT BOOK 3, PAGE 73 OF OFFICIAL • • trt OKALOOSA C+. a . r j + THE SOUTH 16. 08 FEET OF THE FOLLOWING: COMMENCE AT THE NORTHWEST CORNER OF THE SECOND ADDITION TO BAYOU WOODS SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 73 OF THE OFFICIAL RECORDS OF OKALOOSA COUNTY, ' FLORIDA AND PROCEED SOUTH 89 DEGREES 35 MINUTES EAST A DISTANCE OF 855,8 FEET ALONG THE NORTH LINE OF THE SUBDIVISION TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 35 MINUTES EAST A DISTANCE OF 147. 00 FEET; THENCE NORTH 00 DEGREES 02 MINUTE'S EAST, 150.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF BEAL PARKWAYS THENCE NORTH 89 DEGREES 35 MINUTES WEST, 147.00 FEET; THENCE SOUTH CIO DEGREES 02 MINUTES WEST, 150. 00 FEET TO THE POINT OF BEGINNING, OKALOOSA COUNTY, FLORIDA. YEAR 2022 OKALOOSA COUNTY PARCEL PIN 11- 25-24-0142-OOOB- 0190 WHEREAS, Grantor is desirous of granting to Grantee, and Grantee is desirous of accepting for public benefit, an easement for the construction, maintenance, and service of drainage and utilities on, over, under, above, and across said property of Grantor, NOW, THEREFORE, for and in consideration of the sum of Ten and no/ 100 Dollars ($ 10, 00) and other valuable considerations, receipt whereof is hereby acknowledged, Grantor does hereby grant unto Grantee, its successors, assigns and legal representatives, a perpetual, non-exclusive easement for the purpose of constructing, maintaining, and servicing facilities, and the right of egress and ingress BK: 3645 PG: 177 necessary to effectuate the purpose of this easement, on, over, under, above and across Grantor's described property, which said easement being: COMMENCE AT THE NORTHWEST CORNER OF THE SECOND ADDITION TO BAYOU WOODS SUBDIV'I' SION AS RECORDED IN FLAT BOOK 3, PAGE 73 OF THE OFFICIAL RECORDS OF OKALOOSA COUNTY, FLORIDA AND PROCEED SOUTH 89 DEGREES 35 MINUTES EAST A DISTANCE OF 855.8 FEET ALONG THE NORTH LINE OF THE SUBDIVISION TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 35 MINUTES EAST A DISTANCE OF 5,00 FEET, THENCE NORTH 00 DEGREES fit MINUTES EAST, 11. 00 FEET; THENCE SOUTH 89 DEGREES 35 MINUTES EAST, 137.00 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES WEST, 11, 00 FEET; THENCE SOUTH 89 DEGREES 35 MINUTES EAST, 5. 00 FEET; THENCE NORTH 00 DEGREES 02 MINUTES EAST, 16.00 FEET; THENCE NORTH 89 DEGREES 35 MINUTES WEST„ 147.00 FEET; THENCE SOUTH 00 DEGREES 02 M'IINUTES WEST„ 16.00 FEET TO THE POINT OF BEGINNING, SAID EASEMENT CONTAINING 845 SQUARE FEET, MORE OR LESS. Grantee hereby covenants, by acceptance of this easement, to place Grantor's property, after the construction of said facilities, in the same, or better condition as said property was in before commencement of construction, Signature Page Follows] The Remainder of this Page Intentionally Left Blank] BK: 3645 PG: 178 IN WITNESS' S HEREOF, Grantors have hereunto set their hand and seals, nature Printed Name , Nl\ gs/ " te" Witness Signature T - Printed Name The foregoing instrument was acknowledged before me by means of j physical presence or online notarization, byAP-QCY WILlom L41-04me of person acknowledging). who _ j is personally known to me or Chas produced ( type of identification) as identification. Ota Flubl ic Prepared By: Sandra Hawkins City of Fort Walton Beach Public Works and Utility Services Department RMr SSICA - MCGOtviN Yb- Notary publ, ei c 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 con) Tjj5f" Uf 0 HH 10F Con n" SJOn EXp req J 24. 2025 BK: 3645 PG: 179 N W 41 # E 226 BAYOU S/ D 224 BLOCK 9