Fort Walton Beach Ordinance — 1842 - easement-201 Eglin Pkwy SE — reading text

City of Fort Walton Beach c^ Americas Most Beautiful Beaches J 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32549 850) 833 -9500 * Fax (850) 833 -9640 TDD ( 850) 833 -9925 Helen Spencer City Clerk Tel 850- 833 -9509 hspencer@fwb.org March 30, 2011 Don W. Howard Clerk of Circuit Court Okaloosa County Courthouse Annex Shalimar FL 32579 Dear Mr. Howard: Ordinance 1842 was recorded by the Okaloosa County Clerk' s Office on January 24, 2011; however, the wrong exhibit was inadvertently attached. Enclosed is the correct Exhibit A, 201 Eglin Parkway SE, for the Sonny Davis Dental Office, which needs to be recorded with the ordinance. Please re- record in the Official Records of Okaloosa County Ordinance 1842 which provides for the vacation, abandonment, discontinuance and closure of an easement dated December 1944 as depicted in the corrected Exhibit A, 201 Eglin Parkway SE. Please forward the bill for the recording fee and the recorded document to my attention: Helen Spencer, City Clerk City of Fort Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach FL 32548 Thank you for your assistance. Sincerely, Helen Spenc City Clerk Ive  READING 1st O 8 2nd ORDINANCE 1842 M O W JU AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; a a PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; s PROVIDING FOR THE VACATION, ABANDONMENT, o DISCONTINUANCE AND CLOSURE OF AN EASEMENT DESCRIBED IN u CIA THE ATTACHED EASEMENT CONTRACT PERMIT DATED DECEMBER mN 1944 FROM J.C. MCGEE, AND AS DEPICTED IN THE ATTACHED MAP J EXHIBIT A); AND PROVIDING FOR AN EFFECTIVE DATE. Z N X NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITN u H OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority. The authority for enactment of this Ordinance is pursuant to the powers of the City of Fort Walton Beach, provided in Section 2 of the City Charter and Section 166.021 and other provisions of the Florida Statutes. Section 2. Findings of Fact. The City Council of the City of Fort Walton Beach finds the following: A. The Municipal Planning Board held a public hearing after due public notice on December 2, 2010, to determine the need for that portion of the easement, as described herein, and recommended that the request be approved; and, B. There is no present necessity, or reasonably foreseeable necessity, for the retention of that portion ofthe easement as described herein. The continued ownership and control of the City' s interest in a portion of the easement, as described herein, is not required; and, C. The right to exclusive or necessary access of adjoining property owners will not be negatively impacted by this action. D. That the access to a public water body will not be negatively impacted. Section 3. Vacation, Abandonment, Discontinuance, and Closure. The City' s interest and use in the following described easement: The easement granted December 22, 1944, to be vacated more particularly described as: Entering south boundary ofproperty 50 feet east of concrete monument which is south -west corner ofproperty, thence north 9 feet east of and parallel to existing fence a distance of 200 feet more or less to south right -of w - ay line State Highway No. 10. is hereby vacated, abandoned, discontinued and closed and the City of Fort Walton Beach renounces and disclaims all rights and obligations ofthe City and the public in that portion of said easement. Instr # 2632637 BI{: 2969 PG: 4686. Page I of 3 Recorded 01: 24, 2011 at 04: 4' PM, RECORDING. $ 15. 00 RECORDING ARTICLE `J. - S " 2. 00 EP' J —( CLERK. PDUNN Section 4. Effective Date. This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted: - I- MikeMike Anderson,Anderson, MayorMayor a 1 Attest: t, ApprovedApproved forfor legallegal sufficiency.sufficiency. o'L r f p l Y A HelenHelen SpeiRegr,SpeiRegr, CAetkCAetk --- --- AaywAayw ykes,ykes, CityCity AtAt eyey DISPOSITIONDISPOSITION h.h. rr  I W d 5 W N 6 c v" 0o W Y% Ymr W cn 0 co n 00 Z O v rnC 7 v LL dW 0 a o c O2 m U w J0 W Q JLL W U_ A 3 49 L W IL z a W 3 0 N YQ Y C a) E CD R N W VPQ 11 0 r Z