Fort Walton Beach Ordinance — 1752 change to public alley — reading text

Instr # 2498781 BK: 2843 PG: 3196,Page 1 of 19 Recorded OS/ 29/ 2008 at 08: 20 AM, RECORDING: $ 87. 00 RECORDING ARTICLE V: $ 76. 00 ORDINANCE 1752 DEPUTY CLERK TSADLER DON 'IV HGWj\ RDCLERK OF COURTS, OKALOOSA COUNTY, FL AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY AND FINDINGS OF FACT; VACATING, ABANDONING, DISCONTINUING AND CLOSING THAT PORTION OF PUBLIC ALLEY AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND WHICH LIES EAST OF HIGHWAY 85/EGLIN PARKWAY AND IS ACCESSIBLE FROM STAFF DRIVE; ACCEPTING A DEDICATION OF PUBLIC ACCESS FROM CRYSTAL BEACH DEVELOPMENT COMPANY OF NWF, CRYSTAL BEACH DEVELOPMENT OF DESTIN, LTD., AND 99 EGLIN LTD. AND THEIR SUCCESSORS AND ASSIGNS; ACCEPTING AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FROM CRYSTAL BEACH DEVELOPMENT COMPANYOF NWF, AND 99 EGLIN LTD, AND THEIR SUCCESSORS AND ASSIGNS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY, INTENT, FINDINGS The authority for enactment of this Ordinance is pursuant to the powers for the a. City of Fort Walton Beach, provided in the City Charter and Code of Ordinances, and section 166. 021 ( 1), of the Florida Statutes. Crystal Beach Development Company of Northwest Florida, owns the real - b. property described in Exhibit A which is attached to this ordinance and incorporated by reference. ' Crystal Beach Development of Destin, Ltd., owns the real property described c. in Exhibit B which is attached to this ordinance and incorporated by reference. 99 Eglin, Ltd., owns the real property described in Exhibit C which is attached d. to this ordinance and incorporated by reference. A public alley was dedicated for public use as described in the Re- subdivsion e. of Block 5, Oak Ridge Subdivision, dated April 15, 1953, and recorded in the Official Record Book 2, Page 47, of Okaloosa County, Florida. On January 8, 2008, Crystal Beach Development Company of Northwest f. Florida, Crystal Beach Development of Destin, Ltd., and 99 Eglin, Ltd., received approval of a development order to bU,ild " Uptown Station Mixed Use Expansion," a project of two mixed use buildings with office and retail totaling approximately 100, 560 square feet. ("Development Order").Two of three structures existing on the site at the time of the approval of the development will be demolished and vacation of the alleyway existing on the site is necessary to accommodate the development. Crystal Beach Development Company of Northwest Florida, Crystal Beach g. Development of Destin, Ltd., and 99 Eglin, Ltd., applied pursuant to section 10. 92. 04, of the City Code of Ordinances, to have the City vacate the portion of that public alley as described in Exhibit D which is attached to this ordinance and incorporated by reference. h. Staff finding the applicati~ n to v~cate the alley sufficient, presented the application and its recom enditl(Shs of approval with conditions to the Municipal Planning Board for a public hearing on April 3, 2008. i. The Municipal Planning Board recommended that the City Council approve with conditions the application to vacate the property described in Exhibit D. j. On 22 April 2008, the City Council considered the application and the recommendation of the Municipal Planning Board and other relevant information on first reading. On 13 May 2008, the City Council considered the application and the recommendation of the Municipal Planning Board and other relevant information on second reading. k. The City Council, in its discretion, regarding that portion of public alley described in Exhibit D, finds: 1. There is not a reasonably foreseeable or present necessity for the retention of that portion of the public alley so long as the applicant executes a public dedication to the City for public use and access of the area described in Exhibit E and grants a storm water utility easement as described in Exhibit F which is attached and incorporated by reference, and grants all other necessary utility, drainage, and parking easements as required by the Development Order approved January 8, 2008, by the City Council of Fort Walton Beach, Florida. 2. There is no right of exclusive access for any adjoining property owner because the applicant owns the property on both sides of that portion of the public alley to be vacated and there is access to the west of each parcel off Eglin Parkway; 3. The right to necessary access of adjoining property owners will not be negatively impacted because the applicant shall execute a public dedication to the City for public use and access of the area described in Exhibit E; and 4. Access to a public water body will not be negatively impacted. SECTION II. VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE The City' s right-of-way interest and use in the public alley described in Exhibit D is hereby and shall be deemed vacated, abandoned, discontinued and closed upon execution and recording of all necessary documents to satisfy the conditions stated in this ordinance. SECTION III. ACCEPTANCE OF DEDICATION The City of Fort Walton Beach hereby accepts upon execution by the owner, the Dedication, as attached at Exhibit E, for public use and access. Pursuant to the Dedication, the property owner and all successors and assigns, of any kind, shall at all times and at its sole cost maintain the condition of the dedicated area as required by the City Code of Ordinances.  EXHIBIT " A" Parcels owned by Crystal Beach Development Company of Northwest Florida PARCEL 1: ( O. R. BOOK 2347. PAGE 4463) THE SOUTH 40 FEET OF LOT 8. LOT 9 AND THE NORTH 25 FEET OF LOT 10. BLOCK 5 RE- SUBDIVlSION OF BLOCK 5. OAKRIDGE SUBDIVISION. FORT WALTON BEACH. OKALOOSA COUNTY. FLORIDA. AS RECORDED IN PLAT BOOK 2, PAGE 47, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. LESS AND EXCEPT: ( O. R. BOOK 2395, PAGE 4634) THAT PORTION OF A PUBLIC ALLEY ( 25 FOOT WIDE), A PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 2 SOUTH. RANGE 24 WEST, CITY OF FORT WALtON BEACH, OKALOOSA COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHERLY CORNER OF LOT 9, BLOCK 5, OAKRIDGE ADDITION TO FORT WALTON. AS RECORDED IN MAP BOOK 1. AT PAGE 89. OF THE PUBLIC RECORDS OF OKALOOSA COUNTY. FLORIDA; THENCE SOUTH 35 DEGREES 34 MINUTES 00 SECONDS ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD # 85 ( EGLIN PARKWAY). A DISTANCE OF 25. 00 FEET; THENCE DEPARTING SAID NORTHEASTERLY RIGHT RIGHT OF WAY LINE. GO NORTH 54 DEGREES 26 MINUTES 00 SECONDS EAST. A DISTANCE OF 200. 00 FEET TO THE POINT OF BEGINNING: THENCE NORTH 35 DEGREES 34 MINUTES 00 SECONDS WEST, A DISTANCE OF 120. 00 FEET; THENCE SOUTH 65 DEGREES 34 MINUTES 00 SECONDS, A DISTANCE OF 10. 00 FEET; THENCE SOUTH 35 DEGREES 34 MINUTES 00 SECONDS EAST, A DISTANCE OF 102. 68 FEET; THENCE SOUTH 05 DEGREES 34 MINUTES 00 SECONDS EAST. A DISTANCE OF 10. 00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. SAID PARCEL CONTAINING 0. 01 ACRES MORE OR LESS ( 556. 70 SQUARE FEET) PARCEL 2: ( O. R. BOOK 1012. PAGE 725) A PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHERLY CORNER OF LOT 9, BLOCK 5. OAKRIDGE ADDITION TO FT. WALTON BEACH, FLORIDA AS RECORDED IN MAP BOOK 1. PAGE 89 OKALOOSA COUNTY, FLORIDA; THENCE RUN IN A NORTHWESTERLY DIRECTION ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF EGLIN PARKWAY FOR A DISTANCE OF 115 FEET; THENCE RUN IN A NORTHEASTERLY DIRECTION. PARALLEL WITH THE NORTHWESTERLY LINE OF LOT 9. BLOCK 5 OF OAKRIDGE ADDITION TO FT. WALTON BEACH, FLORIDA AND ITS EXTENSION THEREOF FOR A DISTANCE OF 225 FEET TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING THUS OBTAINED. THENCE RUN IN A SOUTHEASTERLY DIRECTION PARALLEL WITH THE NORTHEASTERL Y RIGHT OF WAY LINE EGLIN PARKWAY FOR A DISTANCE 150 FEET; THENCE TURN AN ANGLE TO THE LEFT 74 DEGREES 24 MINUTES AND RUN IN AN NORTHEASTERLY DIRECTION FOR A DISTANCE OF 200 FEET; THENCE TURN AN ANGLE TO THE LEFT OF 105 DEGREES 36 MINUTES. AND RUN IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 150 FEET; THENCE TURN AN ANGLE OF 74 DEGREES 24 MINUTES AND RUN IN A SOUTHWESTERLY DIRECTION FOR A DISTANCE OF 200 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: QUIT CLAIM DEED FILE No. D02030190) COMMENCE AT THE MOST SOUTHERLY CORNER OF LOT 9, BLOCK 5. OAKRIDGE ADDITION TO FORT WALTON, AS RECORDED IN MAP BOOK 1. PAGE 89. OF THE PUBLIC RECORDS OF OAKALOOSA COUNTY FLORIDA; THENCE SOUTH 35 DEGREES 34 MINUTES 00 SECONDS EAST ALONG THE NORTHEASTERLY RIGHT - OF - WA Y OF STATE ROAD H85 ( EGLIN PARKWAY). A DISTANCE OF 25. 00 FEET; THENCE DEPARTING SAID NORTHEASTERL Y RIGHT- OF- WAY LINE, GO NORTH 54 DEGREES 26 MINUTES 00 SECONDS WEST. A DISTANCE OF 225 FEET TO THE tiI E.Q! OF BEGINNING: THENCE NORTH 35 DEGREES 34 MINUTES 00 SECONDS WEST. A DISTANCE OF 120.00 FEET; THENCE SOUTH 65 DEGREES 34 MINUTES 00 SECONDS EAST. A DISTANCE OF 10. 00 FEET; THENCE SOUTH 35 DEGREES 34 MINUTES 00 SECONDS EAST, A DISTANCE OF 102. 68 FEET; THENCE SOUTH 05 DEGREES 34 MINUTES 00 SECONDS. A DISTANCE OF 10 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0. 01 ACRES MORE OR LESS.  EXHIBIT " B" Parcel owned by Crystal Beach Development of Destin, Ltd. LOT SIX ( 6) IN BLOCK FIVE ( 5), OAKRIDGE ADDITION. ACCORDING TO THE RE- SUBDIVISION OF SAID BLOCK 5, NOW OF RECORD IN PLAT BOOK 2. PAGE 47 THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKALOOSA COUNTY. FLORIDA. TOGETHER WITH ALL AND SINGULAR THE TENEMENTS. HEREDITAMENTS AND APPURTENANCES BELONGING OR IN ANYWISE APPERTAINING TO THAT REAL PROPERTY. 1-  EXHIBIT " C" Parcels owned by 99 Eglin, Ltd_ PARCEL A ( AS fURNISHED) BEGINNING AT THE NORTHEAST CORNER OF NORTHWEST QUARTER OF SEC ON 13. TOWNSHIP 2 SOUTH. R.ANGE 24 WEST. OKALOOSA COUNTY. FLORIDA.. ROCEED 269*55' 43" AZ ( AZItA.UTH MEASURED CLOCKWISE FROM NORTH EQUALS ZERO EGREES) 1136. 02 FEET ALONG SECT10N LINE WHICH IS SOUTH UNE OF HUGHES STR ET TO NORTHEAST CORNER OF PARCEL DESCRIBED IN OR BOOK 166. PAGE 488, THENCE 180"07' 478AZ 7. 68 FEET, THENCE 156. 41' 25" AZ 116. 49 FEET, THE CE 270~ 7.02" AZ 165.00 FEET TO FOUND ROD AT SOUTHWEST CORNER OF