Fort Walton Beach Council agenda — 05-25-2010 Regular — reading text

quarter of Section 35, Township 1 South, Range 24 55 West Okaloosa County, Florida. 56 57 58 C. Section 1, of Ordinance 438, adopted July 27, 1968, by the City Council is 59 hereby amended to state the accurate legal description of the property affected therein as 60 follows: 61 62 Described as: 300 Eglin Pkwy NE 63 64 For a point of reference, commence at the Northwest Corner of Government Lot 65 One ( 1), Section Twelve ( 12), Township Two South ( 2S), Range Twenty -four 66 24) West, of the Tallahassee Meridian, thence Easterly along the North line of 67 said Section Twelve ( 12), for Five Hundred Two Feet ( 502') to the Westerly 68 Margin of State Road 85, thence deflect One Hundred Fifteen Degrees ( 115) 69 Thirteen ( 13) Minutes right for Eleven Feet ( 11') to the point of beginning of the 70 lands herein described; thence continue along said line for One Hundred Fifty 71 Four Feet ( 154') to a point in the Westerly Margin of said State Road, thence 72 deflect Ninety Degrees ( 90) Right for One Hundred Fifty Feet ( 150), thence 73 deflect Ninety Degrees ( 90) Right for Eighty Three Point Three One Feet 74 83. 31') thence deflect Sixty Four Degrees ( 64) Forty Seven Minutes ( 47) Right 75 for One Hundred Sixty -five Point Seven Eight Feet ( 165. 78) to the point of 76 beginning, all being located in Okaloosa County, Florida. 77 78 79 d. Section 1, Parcel 3, of Ordinance 634, adopted April 8, 1975, by the City 80 Council is hereby amended to state the accurate legal description of the property affected 81 therein as follows: 82 83 Described as: 140 Troy Circle NE 84 85 From The Southwest Corner Of Section 36, Township 1 South, Range 24 West, 86 Okaloosa County, Florida; Run North 2662.36 Feet, Thence East 1929. 31 Feet, 87 Thence S 0 Degrees 09' E 889.04 Feet, Thence N 89 Degrees 51' E 210. 0 Feet, 88 Thence S 83 Degrees 57' E 514. 93 Feet, Thence N 36 Degrees 57' E 506. 16 89 Feet, Thence S 53 Degrees 03' E 292. 86 Feet For A Point Of Beginning, Thence 90 Continue S 53 Degrees 03' E 133. 0 Feet, Thence S 38 Degrees 38' 20" W 138. 70 50- 91 Feet To East Right -Of -Way Line Of Troy Circle, Thence N 58 Degrees 01' W 92 Along The Right -Of W- ay Line 133. 0 Feet, Thence N 39 Degrees 11' 10" E 93 150. 09 Feet To The Point Of Beginning. 94 95 96 e. Section I. of Ordinance 753, adopted February 22, 1983, by the City Council is 97 hereby amended to state the accurate legal description of the property affected therein as 98 follows: 99 100 Described as: 202 Racetrack Rd 101 102 Begin at a concrete monument marking the Southeast corner of the Southeast 103 one -quarter of the Northeast one -quarter of the Southwest one -quarter of Section 104 35, Township 1- South, Range 24 -West, Okaloosa County, Florida; proceed 105 North 89 ° -39' - West 200. 00 feet along the South line of the Northeast one - 106 quarter of the Southwest one -quarter of said Section 35, thence South 0° 14'- 107 West 1, 160. 38 feet to a point 150. 00 feet North of the North Right -of W - ay Line 108 of Race Track Road and Point of Beginning; thence continue South 0° 14' -West 109 150. 00 feet to the North Right -of W- ay Line of Race Track Road, thence North 110 - - ay Line, the North 0° - 14'- 89 ° -15' West 20. 00 feet along the North Right -of W 111 East 150. 00 Feet, thence South 89 ° -15' - East 20. 00 feet to the Point of 112 Beginning. 113 114 SECTION 3. CONFLICTING PROVISIONS 115 If any ordinance or parts of any ordinance are in conflict with this ordinance, the 116 provisions of this ordinance shall prevail. 117 118 SECTION 4. EFFECTIVE DATE 119 This ordinance shall take effect immediately upon approval by the City Council and 120 signature of the Mayor. 121 122 123 Adopted: 124 Mike Anderson, Mayor 125 126 127 ATTEST: Approved as to form, legal sufficiency, 128 and codification. 129 130 131 132 Helen Spencer, City Clerk Toni L. Craig, City Attorney 133 134 New language is underlined 135 Deleted language is stricken 136 Codification Instructions: Not codified. 51-  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: May 13, 2010 Subject: Ordinance No. 1832 to Revise the Legal Description of the City Limits by Correcting Scrivener' s Errors 1. BACKGROUND: 1. 1 In March 2008, the Engineering Division began compiling information to revise the legal description of the City limits. During the compilation of the information, Staff discovered several discrepancies in the current legal description of the City limits that are in need of correction. A total of eleven ( 11) discrepancies were discovered and will be resolved through the adoption of three ( 3) separate 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 ". 16TA  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/ a 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 53- 6. SIGNATURE BLOCK: 6. 1 Submitted By: Michael D. Beedie, P. E. Engineering & Utility Services Director 6. 2 Reviewed for Agenda: / 8 2d / o o ert T. Mearns ty Manager 54-  Page 1 of 1 Michael Beedie From: Toni Craig [ ton i @tonicraig. info] Sent: 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 tome in any reply that you expect to be kept confidential. If you area client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. 5/ 13/ 2010 - 55- t ORDINANCE NO. 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