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ORDINANCE 1842
AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA;
PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT;
PROVIDING FOR THE VACATION, ABANDONMENT,
DISCONTINUANCE AND CLOSURE OF AN EASEMENT DESCRIBED IN
THE ATTACHED EASEMENT CONTRACT PERMIT DATED DECEMBER
1944 FROM J.C. MCGEE, AND AS DEPICTED IN THE ATTACHED MAP
EXHIBIT A); AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
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 ofthat
portion of the 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 of property 50 feet east ofconcrete monument which is south -west
corner ofproperty, thence north 9 feet east of and parallel to existing fence a distance of 200
- ay line State Highway No. 10.
feet more or less to south right -of w
is hereby vacated, abandoned, discontinued and closed and the City of Fort Walton Beach
renounces and disclaims all rights and obligations of the City and the public in that nortion of
said easement. Instr # 2582637 BK: 2969 PG: 4686. Page 1 of 3
Recorded 01/ 24x2011 at 04: 41 PM.
RECORDING. $ 15 -00 RECORDING ARTICLE V 512. 00
EP' J -( CLERK P© UNN
Section 4. Effective Date.
This Ordinance shall take effect immediately upon approval by the City Council and
signature of the Mayor.
Adopted: j 1. U.
Aoei'
Mike Anderson, Mayor
AttestA';'`< Approved for legal sufficiency.
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Helen SpeA pr, Q rk
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