Fort Walton Beach Council agenda — 06-08-2010 Regular — reading text

249 Brooks Street SE, Fort Walton Beach, FL 32548 hereinafter called the grantor to TRACY ACREE CONSTRUCTION, INC., a Florida Corporation whose post office address is: Post Office Box 2492, Fort Walton Beach, FL 32549 hereinafter called the grantor to whcrcvcr used herein the terms " grantor" and " grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth: That the grantor, for and in consideration of the sum of $ 10. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okaloosa County, Florida, viz: PROPERTY LYING PARTLY IN OCEAN CITY, A SUBDIVISION OF THE SE 1/ 4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, ACCORDING TO PLAT ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY, FLORIDA, AND PARTLY IN FRACTIONAL SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 4, 322 FEET, MORE OR LESS, EAST OF THE SOUTHWEST CORNER OF SAID SECTION 13, WHICH POINT IS IN THE WEST LINE OF PROPERTY CONVEYED BY GEORGE G. ROBERTSON TO PAUL ROBERTS; THENCE NORTH ALONG SAID WEST LINE TO A CONCRETE MONUMENT IN THE SOUTH LINE OF FIRST AVENUE; THENCE WESTERLY 150 FEET, MORE OR LESS, WITH SAID SOUTH LINE TO A POINT IN THE EAST LINE OF ALCONESE STREET; THENCE SOUTHERLY WITH SAID EAST LINE 330 FEET, MORE OR LESS, TO THE NORTH LINE OF THE MARY DESTIN PROPERTY, THENCE EASTERLY, FOLLOWING THE LINE OF A FENCE ON THE NORTH LINE OF THE MARY DESTIN PROPERTY, 154 FEET, MORE OR LESS, TO THE WEST LINE OF PROPERTY BELONGING TO W. C. STACY; THENCE NORTHERLY WITH THE WEST LINES OF THE STACY LOT AND THE ROBERTS LOT A DISTANCE OF 270 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY IS NOT THE HOMESTEAD PROPERTY OF THE GRANTOR. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. MWM FATCO 27318RM 37 BK: 2934 PG: 3909 And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2009. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: l Wrtness, Stgnature CHRISTIANNE GIBSON, Individually and as Icf, A l WA III } E Trustee of the Christianne Gibson Trust dated 5/ 12/ 05 in acne 41e,Witness nalure not ame Mad STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this -.3 ra/ day of May, 2010 by CHRISTIANNE GIBSON, Individually and as Trustee of the Christianne Gibson Trust dated May 12, 2005 SEAL) vv. V, Notary Public Stale of Florida ap ` Michael Mead Jr My (. nmmission OD651365 w n E ices 0410312011 j t.. of P' My Commission Expires: who is personally known to me who produced as identification MWM FATCO 2 7318R 38 This page is left intentionally blank 40 Municipal Planning Board regular meeting 6- 3- 10 4UASI-JUDICIAL: FINAL PLAT APPROVAL —OLD CAMP WALTON KNOLL S/D MPB Case No. 10 -06 -FP - Final Plat approval for Old Camp Walton Knoll to Subdivide a Portion of Ocean City as recorded in plat book 2, page 48 -a. All individuals who expected to speak were given the oath. Ms. Glover announced a conflict of interest and would abstain from the vote. Ms. Wilson moved that the Board find the proposed Final Plat consistent with the Comprehensive Plan and Volume V of the Land Development Code and recommend to City Council approval of the Final Plat for Old Camp Walton Knoll, located at 205 Alconese Avenue SE. Mr. Scott seconded motion and it carried unanimously with Panzenhagen, Rosales, Scott, and Wilson in favor (Glover abstained, Stearns and White absent). Page ') f% f6 39  CITY COUNCIL MEETING June 8, 2010 Ordinance on First Reading Ordinance No. 1833 Revision of Sound Side Housing Unit Distribution. Synopsis: Designates all 200 units be available to residents earning up to 120% of median income Agenda Item Number: 11. 1  I ORDINANCE 1833 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA, PROVIDING FOR AUTHORITY & INTENT; 5 AMENDING SECTION 2 OF ORDINANCE 1769; AUTHORIZING 6 FURTHER CONVEYANCE OF PROPERTY; PROVIDING FOR 7 CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN 8 EFFECTIVE DATE. 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 11 WALTON BEACH, FLORIDA: 12 13 SECTION 1. AUTHORITY& INTENT 14 15 a. The authority for this Ordinance is Section 166. 021, Florida 16 Statutes, and section 2. 00. 05 of the City Code. 17 18 b. Ordinance 1769 was adopted on August 28, 2008, to transfer a 19 City -owned parcel at 28 Methodist Avenue SE to the Fort Walton Beach Housing 20 Authority for an affordable housing development. This ordinance amends 21 section 2 of Ordinance 1769 to revise the the distribution of units by income. 22 23 SECTION 2. AMENDMENT OF ORDINANCE 1769 24 25 SECTION 2 FINDINGS OF FACT is hereby amended as follows; 26 27 a. The City Council, by Resolution 2008 -19, adopted April 22, 28 2008, found that the parcel of City -owned property located at 28 Methodist 29 Avenue SE, Fort Walton Beach, Florida 32548, and described as a Public 30 Park on the Replat of New Germany Addition, is suitable for affordable 31 housing. 32 33 b. The Fort Walton Beach Housing Authority has applied to 34 rezone the property as a Planned Unit Development of two hundred ( 200) 35 housing units that will be available to a mix of income levels, less than or 36 equal to 120 % of the Area Median Income. 37 38 39 40 41 42 C. Therefore, the City Council hereby determines that it is in the 43 best interests of the welfare of the citizens that the City transfer the real 44 property situated at 28 Methodist Avenue; SE, Fort Walton Beach, Florida, 45 to the Fort Walton Beach Housing Authority, or its correct corporate entity. 46 41  47 SECTION 3. CONFLICTING PROVISIONS 48 49 If any other ordinance, or parts of any ordinance, or provision of the Land 50 Development Code are in conflict with this ordinance, the provisions of this 51 ordinance shall prevail. 52 53 SECTION 3. SUBSEQUENT CONVEYANCE 54 The City hereby authorizes the further and subsequent transfer of the 55 property to Sound Side Apartments, LLC, to effectuate the intent and purpose of 56 Ordinance 1796. 57 58 SECTION 4. SEVERABILITY 59 Should any section, part or provision of this ordinance be declared by a 60 court of competent jurisdiction to be invalid, such decision shall not affect the 61 validity of the remainder of, as a whole or any part, other that that part declared 62 to be invalid. 63 64 SECTION 5. EFFECTIVE DATE. 65 66 This Ordinance shall take effect immediately upon approval by Council and signature by the Mayor. 67 68 69 ADOPTED: 70 Mike Anderson, Mayor 71 72 ATTEST: 73 Approved for form and legal sufficiency. 74 75 Toni L. Craig, City Attorney 76 77 Helen A. Spencer, City Clerk 78 79 80 81 82 Codification Instructions: Not codified. 42  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Meams, City Manager From: Timothy Bolduc, C. B. O., Building Official Through: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: May 25, 2010 Subject: Ordinance No. 1833 to Amend Section 2 of Ordinance No. 1769 Transferring City Property to the FWBHA for Sound Side 1. BACKGROUND: 1. 1. The City Council, adopted Resolution 2008 -19 on April 22, 2008, finding that the parcel of City -owned property located at 28 Methodist Avenue SE is suitable for public housing. 1. 2. On August 26, 2008, the City Council adopted Ordinance No. 1769,