Fort Walton Beach Council agenda — 02-28-12 regular — reading text

safe or sanitary dwelling have beer Irving acoommocia- accommodations in such city available to persons of are find Nhi In work or undertak- low income at rentals they can afford. In determining recipient equipment, facilities whetherdwelling accommodations are unsafe or insan- commissi( for necessary, con. itary said governing body may take into consideration throughth e, streets, sewers , the degree of overcrowding, the percentage of land this subsa ration, gardening, coverage, the light, air, space and access available to shall not ecreational, educa- the inhabitants of such dwelling accommodations, the in all suca r size and arrangement of the moms, the sanitary facili- tenant- cc n of the foregoing. ry be applied to the ements, the acqui- ties, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes. coats of an auth. for which cvnE existing structures, 3) In any suit, action or proceeding involving the hold office iration and repair of validity or enforcement of or relating to any contract of has qualifi Q vork in connection the authority, the authority shall be conclusively pointment D deemed to have become established and authorized to clerk, and o all mean persons or transact business and exercise its powers hereunder of the dun me which is races- upon proof of the adoption of a resolution by the gov- sinner. A ( Q ity undertaking the without financial eming body declaring the need for the authority. Such for his or h m resolution or resolutions shall be Sufficient if it declares sary expe and Sanitary dwell that there is such need for an authority and finds in sub- the discha N stantially the foregoing terms, no further detail being this subse V notes, interim car- necessary, that either or both of the above enumerated sioners of 2 icates, or other obli. cant to this chapter. conditions exist in the city. A copy of such resolution the 2)dateThe duly certified by the clerk shall be admissible in Sit- the commi all lands, including dence in any suit, action or proceeding. n, and property of xlnorv. :. 4. a,. i] e8l. teal; co( 114s s111. nsota -n. majority used in connection rum of fir A and right, legal or Appointment, qualifications, and tenure of business for years and liens ioners; hiring of employees.— purposes . L otherwise and the hen the governing body of a city adopts a res- vole of a n S. aforesaid, the mayor, with the approval of the in any cas or " obligee° shall body, shall promptly appoint no fewer than number. l isles, or trustees for ns, and no more than seven persons, as com- eming boy ing to the authority s of the authori created for such ci . Three ens appoir mmissioners who are first appointed she of the cha housing project, or lessor' s Interest or designated to serve for terms of 1, 2, and 3 years the author iovernment when d respectively; the remaining commissioners shall be missionsh Minority. designated to serve for terms of 4 years each, from the commissi, simla-N 4. I. N. e(O9 date of their appointment. Thereafter, each commis- tary, who 7 -sss. stoner shall be appointed as aforesaid for a term of experts, a horitles.— office of 4 years, except that a vacancy shall be filled for ees, perm led, them is hereby the unexpired term by an appointment by the mayor shall dale I politic to be known with the approval of the governing body wthin 60 days pensation try; provided, how. afar such vacancy occurs. Each housing " Ift r` y cre- authority r sled pursuant to this chapter shall have at least one or may e. transact any bust ider until or unless commissioner who shall be a resident who is current in authority r nnr .= enlutln.. en =II mnt in o hnueinn nminri nr a mr nl inw nr vnn, Inw wmn mien Paeket Pg. 92  14. 7 City CouncilCITY of Fort Walton Beach 0 To: MANAGER MEMORANDUM Robert T. Meares, City Manager From: Carole Jones, Executive Assistant Date: February 28, 2012 Subject: Assignment of Easement - Lake Earl ATTACHMENTS: EPCA Assignment of Easement DOCX) 2- 28- 12 Elliot's Point Memo DOC) Lake Earl Drainage Basin Map PDF) SIGNATURE BLOCK: Carole Jones Completed 02/ 22/ 2012 1: 28 PM Finance Completed 02/ 23/ 2012 7: 31 AM Completed 02/ 23/ 2012 8: 49 AM City Attorney Carole Jones Skipped 02/ 22/ 2012 2: 41 PM Completed 02/ 23/ 2012 9: 24 AM City Manager City Council Pending Packet Pg. 93  F141. a Prepared by and return to: Conerly, Bowman & Dykes, LLP P. O Box 6944 Destin, FL 32550 850 -837 -5118 File Number: ASSIGNMENT OF EASEMENT This Assignment is made and entered in this 28th day of February, 2012 by and between Elliott' s Point Channel Association, Inc., formerly known as Elliott' s Point Canal Association, Inc. in hereinafter referred to as " Assignor "), and the City of Fort Walton Beach, Florida ( hereinafter referred x to as " Assignee ") WITNESSETH WHEREAS, Elliott' s Point Channel Association, Inc. is the owner of an Easement granted from Sea Breeze Homes, Inc. giving it the right to construct, maintain, repair, and operate a canal with the right of ingress and egress into Lake Earl, from the waters of Choctawhatchce Bay and described as follows: An casement 50 feet wide connecting Lake Earl ( Goodthing lake) and Choctawhatchee Bay across a portion of Block " J ", 30th Addition to Elliot' s Point, in Fort Walton Beach, Okaloosa County, Florida, according to plat filed in Plat book 2, at Page 110, of records of said county, 25 feet wide on each side of the centerline bearing North 85' 18' East, and South 85 ' 18' West, from a point hereinafter described as Point " A ", which is located as follows: Commencing at a point on the East right of way line of Bay Drive of the 7`h Addition to Elliot' s Point, according to plat filed in Plat Book 2, at Page 79, of the records of said county at its intersection with the line parallel to an measured 1000. 0 feet perpendicularly to and Northerly from the South line of Block " H" of said 7ih Addition, a distance of 1 17. 35 feet; thence North 16' 49' West, 381. 6 feet to said Point " A ", together with the rights, easements, privileges and appurtenances in or to said lands which may be required for the full enjoyment of the rights herein granted. WHEREAS, Assignor is the present legal owner of the aforementioned Easement; and WHEREAS, the Assignee recognizes that Lake Earl has been identified by the U. S. Army Corps of Engineers and Florida Department of Environmental Protection as a navigable waterway open to the public; and WHEREAS, the Assignee recognizes there is a public interest in maintaining the Easement to prevent flooding to areas of Fort Walton Beach in the event of a major storm or flood and to allow navigable vessel access to and from Choctawhatchce Bay. ,(.,, NOW, THEREFORE in consideration of the sum of $10.00 paid to the Asg er by A ^° I and for other good and valuable consideration, the receipt of which is hereby acknowledged by execution of this Assignment: Packet Pg. 94  14. 1. a 1. The Assignor grants, bargains, sells, assigns, transfers and sets over to the Assignee and to the As'signee' s successors and assigns, all of Assignor' s right, title and interest in, to and under the above mentioned Easement; and 2. The Assignee agrees upon assignment of the Easement, to maintain the Easement in such a manner to minimize flooding and insure continuous drainage to Choctawhatchee Bay; and 3. The Assignee agrees that this Easement is an appurtenance to Lake Earl and to the surrounding property owners and therefore will maintain the depth and width of the