Fort Walton Beach Ordinance — 2103--Vacate Portion of Hospital Rd ROW--1005 Mar Walt Drive--Recorded — reading text

FILE #3563586 RCD: 7/ 12/ 2022 9: 39 AM, BK: 3632 PG: 809, RECORDING: 524. 00 RECORDING ARTICLE V: 520.00 DEPUTY CLERK ASECRIST JD PEACOCK 11 CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA I 2nd ORDINANCE 2103 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 AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A AND DEPICTED IN EXHIBIT B; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 25, 2022, the Growth Management Department received an, application for voluntary annexation for the property located at 1005 Mar Walt Drive; and WHEREAS, Staff identified the building on the property at 1005 Mar Walt Drive would not meet established setback standards for the portion of the building adjacent to Hospital Road making the building non -conforming per the City' s Land Development Code; and WHEREAS, on May 3, 2022, the Okaloosa County Board of County Commissioners adopted a resolution to transfer its ownership interest in Hospital Road to the City of Fort Walton Beach with the right to retain a utility easement within any portion of vacated. right-of-way; and WHEREAS, on May 10, 2022, City Council adopted Resolution 2022- 7 to accept the right- of-way known as Hospital Road from Okaloosa County; and WHEREAS, after vacation of this portion of the Hospital Road right-of-way, the building located at 1005 Mar Walt Drive will meet the established minimum setback requirements for the portion of the building adjacent to Hospital Drive. 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 May 24, 2022, and June 14, 2022, after giving due public notice. BK: 3632 PG: 810 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. The proposed vacation is consistent with the Comprehensive Plan; C. Approval of the proposed vacation shall not deny access to private property; D. Approval of the proposed vacation shall not result in a loss of public safety, considering vehicular and pedestrian movement; E. Approval of the proposed vacation shall not result in a loss of access by emergency vehicles; and F, 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 with the right to retain a utility easement within the vacated portion: I-ieaspital Road right- of=wuay described as: BEGIN AT A POINT ON THE NORTH RIGHT OF WAY LINE OF RACETRACK ROAD 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP I SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, AS ESTABLISHED BY THE U. S. C, & G. S. DEPENDENT SURVEY; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE ALONG SAME LINE 66. 00 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 00 SECONDS WEST, 574. 54 FEET ALONG NORTH RIG14T OF WAY LINE OF AN EXISTING 66. 00 FOOT ROAD; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, 220. 00 FEET ALONG EAST RIGHT OF WAY LINE OF AN EXISTING 66. 00 FOOT ROAD TO THE POINT OF BEGINNING; THENCE ALONG SAME LINE A DISTANCE OF 120. 00 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 00 SECONDS WEST, 4. 00 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES 00 BK: 3632 PG: 811 SECONDS WEST, 120, 0lO FEET; THENCE SOUTH 89 DEGREES 00 MINUTES 00 SECONDS EAST, 4. 00 FEET TO THE POINT OF BEGINNING. Section 4. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circuiristance 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: T l n— - RichaA. Rynearson, ' or Attesv Approved for forni, legal sufu-& ncy BK: 3632 PG: 812 BEGIN AT A POINT ON THE NORTH RIGHT OF WAY LINE OF RACETRACK ROAD 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 2.4 WEST, OKALOOSA COUNTY, FLORIDA, AS ESTABLISHED BY THE U. S. C. & G. S. DEPENDENT SURVEY; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, 212.3. 84 FEET TO A CONCRETE MONUMENT; THENCE ALONG SAME LINE 66.00 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 00 SECONDS WEST, 574. 54 FEET ALONG NORTH RIGHT OF WAY LINE OF AN EXISTING 66.00 FOOT ROAD; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, 220. 00 FEET ALONG EAST RIGHT OF WAX LINE OF AN EXISTING 66. 00 FOOT ROAD TO THE POINT OF BEGINNING; THENCE ALONG SAME LINE A DISTANCE OF 120. 00 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 00 SECONDS WEST, 4. 00 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST, 120. 00 FEET; THENCE SOUTH 89 DEGREES 00 MINUTES 00 SECONDS EAST, 4. 00 FEETTO THE POINT OF BEGINNING. BK: 3632 PG: 813 HOSPITAL ROAD ssr}! xGD VACATE RIGHT- OF- WAY EASEMENT RETAINED 1116 p 0 OI 1112 ; o C? 00 laps w. a f im f+ 1115 N p fled P 8 Cif Z X88,8° 35' 00 "w S74. 54' MAR WALT DRIVE - 66' R/ W 1000 n9 rN CV p 0 0 o 0 A M,M, 44 NN