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Fort Walton Beach Ordinance — 2020--Vacate Easement-138 Magnolia — reading text

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FILE# 33435(10 RCD: 3/ 10/ 2020 9: 02 AM, BK: 3448 PG: 4663, RECORDING: 10. 50 RECORDTNG ARTICLE V: 8. 00 DEPUTY CLERK ASECRIST JD PEACOCK Il CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA iF.A1 f\ t; t 9 r,r1 ORDINANCE 2020 AN ORDINANCE OF THE C1TY COUNCIL OF THE CITY OF FORT V1' AI, TON BEACH, FLORIDA; FOR PROVIDING AUTHORITY; PROVIDING FUR FINDINGS OF PROVIDiNGFACT; FOR THE VACATION, ABANDONIIZENT, DISCONTINUANCE AND CLOSURE OF AN EASEMENT AS IDCNTIFIED IN ORDINANCE 859 ( 138 MAGNOLIA AVENUE SE); AND PROV[ DYNG FOR AN EFFECTIVE DATE. NOW, THERF,FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C TY OF FORT WAL7' ON BEACH, FLORIDA AS FOLLOVVS: Section 1. Authority& Intent A. The authority for enactment of this ordinance is co ltained in Chaptcr iCC.021 and othe provisions of the Florida Statutes and Section 2 of the City Charter. II. The City Gouncil conducted public hearings on September 10, 2019 and September 24, 2019, after biving due public notice. Section 2. Findings of Fact The City Council hereby finds the following: A. Access to the adjacent properiy owners will not bc impaired or affcctcd. B. The area is not required to provide for access to or maintenance ofpublic facilities. Section 3. Vacation, Abandonment, Discontinuance, Closure The Ci1y' s interest in the following described drainage easement is hereby vacated: The East one- half oi' the vacated alley lying West of Lot 135, Ocean City Subdivision, Plat 3ook 2, Page 28A, 1 Ma olia Avenue SE Section 4. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the applicarion thereof to any person or circ; umstanc;e is held invalid or unconstitutional, such findin shall not affect tlie other provisio.is or applications of this ordinance vhich can he given effect without the invalid or unconstitutional provision or applicati n, and to this end the provisions of this ordinance are declared severable. Section 5. Effectivc Date This Ordinancc shall take effect immediately upon adoption on second reading Uy City Cou zcil and signature of the Mayor. BK: 3448 PG: 4664 i Adopted: sr, i e rn.bci a. v i Q t r...,._.. Richard A. R mearson, ayor Attest: Approved for form, l , ufficien p Ki . Barnes, City Clerk a - ayw Dykes, Jr ity ALt( ey s i J rw` i F ORID1

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