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

ordinances. 1. 1. 1 The first ordinance, Ordinance No. 1832, will correct scrivener' s errors that were discovered during the review of the various ordinances annexing parcels into the City. 1. 1. 2 The second ordinance will serve to annex " enclaves" into the City and to correct the limits of other annexed property, which include Hurlburt Homes Subdivision on Forsman Road NW, 228 Mooney Road, 633 Country Club Avenue, and 202 Combs Manor Court NW. 1. 1. 3 The third ordinance will serve to correct issues with the boundaries of the Fort Walton Beach Golf Club along Lewis Turner Boulevard. 2. DISCUSSION: 2. 1 The scrivener' s errors that were discovered affect the following parcels ( errors are bold and underlined): 2. 1. 1 A part of Mariner' s Plaza at 200 through 236 Eglin Parkway NE — Ordinance No. 378 stated, " Bella Vista Subdivision, Okaloosa County, Florida, as recorded in Plat Book 7 at Page 109 ". The plat book number is incorrect and should be listed as " Plat Book 1 ". 60  2. 1. 2 Forest Park Units 1 & 2 and Bass Lake — Ordinance No. 411 contained an error that resulted in a survey " bust" of 1/ 4 mile. A new legal description was required to close the legal description. 2. 1. 3 300 Eglin Parkway NE — Ordinance No. 438 stated, " Beginning at the Northwest corner of Lot 1, Section 12, Township East 502 feet to the West side of State Road 85 thence angle right 2 South, Range 24 West, thence ". The description should actually read " Beginning at the Northwest corner of Lot 1, Section 12, Township 2 South, Range 24 West, thence East 502 feet to the West side of State Road 85 thence angle right ". 2. 1. 4 140 Troy Circle NE — Ordinance No. 634 contains an error in a bearing listed in the legal description. The bearing is called out as " North 58 degrees 01 minutes East" and it should be " North 58 degrees 01 minutes West ". 2. 1. 5 Fort Walton Skating Center at 202 Racetrack Road — Ordinance No. 753 contains two errors in the legal description. One of the errors causes a survey " bust" of 1/ 2 mile. 2. 2 Ordinance No. 1832 corrects the errors described above and is the first step in revising the legal description of the City limits. 3. FINANCIAL INFORMATION: 3. 1 There is no financial impact from the adoption of Ordinance No. 1832. 4. RECOMMENDATION: 4. 1 Staff requests City Council adoption of Ordinance No. 1832 to revise the legal description of the City limits by correcting scrivener' s errors found in ordinances annexing parcels into the City limits. 5. ATTACHMENTS: 5. 1 Ordinance No. 1832 5. 2 Original Ordinances 5. 2. 1 Ordinance No. 378 5. 2. 2 Ordinance No. 411 5. 2. 3 Ordinance No. 438 5. 2. 4 Ordinance No. 634 5. 2. 5 Ordinance No. 753 61 6. 1 Submitted By: Michael D. Beedie, P. E. Engineering & Utility Services Director 6. 2 Reviewed for Agenda: " / e,"0 eakoluert T. Mearns La- ty Manager 62  Page 1 of 1 Michael Beedie From: Toni Craig [ ton i@tonicraig. info] 1: Wednesday, April 28, 2010 9: 47 AM To: Michael Beedie Subject: City Limits: Reviser Ordinance Correcting Descriptions Michael Attached is the final version of this ordinance with all corrections made. Thank you. Toni L. Craig Attorney Fla Bar No 115444 Board Certified, City, County, Local Government Law PO Box 2917 105 Lewis Street Suite 102 Fort Walton Beach FL 32549 850) 243 -6969 Fax: ( 850) 244 -8929 www.tonicraig. info Marital & Family Law Local Government Law CONFIDENTIALITY NOTICE: This email is intended only for the use of the addressee. If you received this email in error, please notify me immediately, delete the email from your computer and do not copy or disclose it to anyone else. If you are not an existing client of Toni L. Craig, Attorney at law, do not construe anything in this email as legal advice or to make you a client. Do not disclose anything to me in any reply that you expect to be kept confidential. If you are a client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. 63 5/ 1 / ?_( 11( 1  1 ORDINANCE N0. AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ANNEXING TO THE TERRITORIAL LIMITS OF THE CITY OF FORT WALTON BEACH, FLORIDA, CERTAIN REAL, PROPERTY SITUATE AND LYING AND BEING IN OKALOOSA COUNTY, FLORIDA; PROVIDING THE EFFECTIVE DATE HEREOF. WHEREAS, Chapter 171. 04, Florida Statutes, provides a method for the extension of the territorial limits of cities or towns incorporated under the general laws of the State of Florida; and WHEREAS, pursuant to said Chapter 171. 04, Florida Statutes, the City Council of the City of Fort Walton Beach, Florida, did on August 28th, 1962, duly pass and adopt an Ordinance to extend the territorial limits of the City of Fort Walton Beach, Florida, by annexing a tract of land to said City under the provisions of the aforesaid law; and WHEREAS, said Ordinance was duly approved by the Mayor of the City of Fort Walton Beach, Florida; and WHEREAS, acting pursuant to Chapter 171. 04, Florida Statutes, the City of Fort Walton Beach did cause to be published, in the Playground News, a newspaper of general circulation published in the City of Fort Walton Beach, the said Ordinance declaring the intention of the City of Fort Walton Beach to annex the said property to said City, said Ordinance being published for four 4) consecutive weeks in said newspaper; and WHEREAS, it has been determined by the City Council that the tract of land described hereinafter contains less than ten ( 10) voters, and the said tract of land constitutes a reasonable com- pact addition to the present incorporated limits of the City of Fort Walton Beach; and WHEREAS, it is deemed advantageous both to the City of Fort Walton Beach, Florida, and to the owners of the tract, of land described hereinafter that the same be made a part of the terri- torial limits of the City of Fort Walton Beach, Florida, so that all municipal services and protection may be furnished to said developed area; 64 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1: That there is hereby annexed to the territorial limits of the City of Fort Walton Beach the following described property in Okaloosa County, Florida, to wit: A parcel of land lying in the South half of Lot 2, Section 12, Township 2 South, Range 24 West, all lying and being in Okaloosa County, Florida, more particularly described as follows: BEGINNING at the Southwest corner of Lot 1, Block 3, Bella Vista Subdivision, Okaloosa County, Florida, as recorded in Plat Book 7 at Page 109 of the Public Records of Okaloosa County, Florida; thence Easterly along the South line of said Bella Vista Subdivision a distance of 769. 0 feet to a point on the Westerly ROW line of State Highway No. 85, thence Southwesterly deflecting at an angle of 115 deg. 33 min. to the right and along Westerly ROW line of said Highway a distance of 191. 64 feet to a point of curve ( R- 1859. 86' Delta -7 deg.), thence Southwesterly along said curve for 227. 27 feet to the PT, thence con- tinue along ROW line for 211. 8 feet, thence 112 deg. 40 min. right for 344 feet, thence 27 deg. right for 38 feet, thence 11 deg. right for 644. 03 feet, thence 41 deg. 30 min. right for 71. 68 feet, thence 52 deg. 17 min. right for 10 feet to the point of BEGINNING. SECTION 2: That the territorial boundaries of the City of Fort Walton Beach, Florida, will hereinafter be defined to include the above described property. SECTION 3: That this Ordinance shall take effect thirty ( 30) days after its passage and approval by the Mayer. ADOPTED: APPROVED - Mayo ATTEST: City Clerk 65  T. /,. ORDINANCE NO. 4/ 1 AN ORDINANCE ANNEXING TO THE TERRITORIAL LIMITS OF THE CITY OF FORT WALTON BEACH, FLORIDA, CERTAIN REAL PROPERTY SITUATE, LYING AND BEING IN OKALOOSA COUNTY, FLORIDA, AND RE- DEFINING THE BOUNDARY LINES FOR THE CITY OF FORT WALTON BEACH, FLORIDA. WHEREAS, Chapter 171. 04 Florida Statutes, provides a method for the extension of the territorial limits of cities or towns incor- porated under the general laws of the State of Florida; and WHEREAS, pursuant to said Chapter 171. 04 Florida, the City Council of the City of Fort Walton Beach, Florida, did on June 9, 1964, duly pass and adopt an