Fort Walton Beach Ordinance — 2012--Alder Avenue Vacation of Alley — reading text

READING ] ATE lst L 11 ? d/ 2nd 5 ORDINANCE 2012 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 A RIGHT-OF- WAY ON ALDER AVENUE SE AND MORE PARTICULARLY DESCRIBED AND DEPICTED IN ATTACHED ( 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 & 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 June 11, 2019 and June 25, 2019, 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. B. No public water bodies exist in or azound the existing area. C. The proposed vacation is consistent with the Comprehensive Plan. D. Approval of the proposed vacation shall not deny access to private property; E. Approval of the proposed vacation shall not result in a loss of public safety, considering vehicular and pedestrian movement; F. Approval of the proposed vacation shall not result in a loss of access by emergency vehicles; and G. Approval of the proposed vacation shall not result in a loss of public services, such as waste collection or maintenance of public facilities. Section 3. Vacation, Abandonment, Discontinuance, Closure The City' s interest in the following described right-of-way is hereby vacated and a utility easement is retained for the following area: The west twenty ( 20) feet of the right-of-way located at Lots 187 through 191 inclusive facing Alder Avenue SE on the west side, of Ocean City Subdivision as recorded in the Official Records Plat Book 2, Page 28A, of the official records of Okaloosa County, Florida. More particularly described in attached Exhibit A.  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 declazed 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: Sunp- .+ ` chard A. Rynearson, yor Attest: Approved for form, le icieri y w, Kim . Barnes, City Clerk /,/.// i ar ykes, r., ey f' 01NpA  r; ss$§ S 8 g s: g: Y. Q qTm R$ g AQ N g 0$ 4 x$ R 9 eg 8' R g$ Fs o RA 9 tl 6y F 78 S av$ o"v< ES gR{ ° 8 i 5 e N 3 Pa 8 ? Y R y 9 h i I J,p /• N I o \ r'p0 r CQ. I w s, o R\ 9 j. 0' r' y I Sk g I aj _ o I g I I o E: o I I e P$ Rm o a , N OOVO' 00' E- 330.00'( UM7 a. o m«