Fort Walton Beach Ordinance — 2110--Vacate Easement --122 Eglin Pkwy NE--Recorded — reading text

FILE# 3620124 RCD: 4/ 27/ 2023 9: 59 AM, BK: 3672 PG: 2233, RECORDING: $28. 50 RECORDING ARTICLE V: $ 24. 00 DEPUTY CLERK ASECRIST JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA ORDINANCE 2110 AN ORDINANCE OF THE CITY COUNCIL 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 LOCATED AT 122 EGLIN PARKWAY NE AND AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN THE ATTACHED EXHIBIT IDENTIFIED WITH CROSS- HATCHING; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Fort Walton Beach received an application from the property owner of 122 Eglin Parkway NE, Fort Walton Beach, Florida (" Subject Property") requesting the City vacate an existing utility easement located on the Subject Property; and WHEREAS, pursuant to Section 9. 09. 03 of the Fort Walton Beach Land Development Code (" LDC ), there must be a finding by the City Council that the area proposed for vacation no longer serves a public purpose and that the area to be vacated is no longer required to provide access to or maintenance of public facilities; and WHEREAS, the area proposed to be vacated is a utility easement that the City has identified as no longer serving a public purpose and not currently providing access or maintenance to any public facilities; and WHEREAS, the City Council finds that the application for vacation of easement does meet the requirements of Section 9. 09. 03 of the LDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, THE FOLLOWING: Section I. Authority & Intent A. The authority for enactment of this ordinance is contained in Chapter 166. 021 and other provisions of the Florida Statutes and Section 2 of the City Charter. B. The City Council conducted public hearings on April 11, 2023, and April 25, 2023, after giving due public notice. Section 2. Findings of Fact The City Council hereby finds the following; A. The area proposed for vacation no longer serves a public purpose and is not required to provide for access to or maintenance of any public facilities; and B. The proposed vacation is consistent with the Comprehensive Plan. Section 3. Vacation, Abandonment, Discontinuance, Closure The City' s interest in the easement as indicated below is hereby vacated. A 25 FOOT WIDE UTILITY EASEMENT LYING ON THE WEST SIDE OF BLOCK I, OAK RIDGE ADDITION TO FORT WALTON, ACCORDING TO THE PLAT THEREOF AND RECORDED IN PLAT BOOK BK: 3672 PG: 2234 I. PAGE 89, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, AS RESERVED FOR SUCH USE BY COUNTY ORDINANCE 1014 AND RECORDED IN OFFICIAL RECORDS BOOK 1479, PAGE 1660 ACCORDING TO THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 4" X4" CONCRETE MONUMENT WITH A BRASS DISK S' IAMPED " PRM CET" LOCATED 12. 05 FEET NORTH OF, AND ON THE WESTERLY LINE OF BLOCK 3, FIRST ADDITION TO NORTH HILL GARDENS ACCORDING TO THE PLAT THEREOF AND RECORDED IN PLAT BOOK 2, PAGE 87, OF THE, PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, THE NORTHWEST CORNER OF LOT 3, BLOCK 3, SAID FIRST ADDITION TO NORTH HILL GARDENS AND PROCEED SOUTH 32° 00 36" EAST, ALONG SAID WESTERLY I, INE OF BLOCK 3, FOR A DISTANCE OF 12. 05 FEET TO A 4- X4" CONCRETE MONUMENT WITH A BRASS DISK STAMPED " PRM CEI", BEING THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3; THENCE RUN NORTH 57° 57' 03" EAST, ALONG THE NORTHERLY LINE OF SAID LOT 3, BLOCK 3 FOR A DISTANCE OF 150. 55 FEET TO A POINT ON THE EASTERLY LINE OF BLOCK 3, FIRST ADDITION TO NORTH HILL GARDENS AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 57° 57' 03" EAST, ALONG THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF SAID LOT 3, BLOCK 3, FOR A DISTANCE OF 12. 50 FEET TO A POINT ON THE CENTERLINE OF A 25 FOOT WIDE VACATED ALLEY, AS RECORDED IN OFFICIAL RECORDS BOOK 1479, PAGE 1660 ACCORDING TO THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE RUN SOUTH 32° 00' 04" EAST, ALONG SAID CENTERLINE, FOR A DISTANCE OF 46. 93 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF THE NORTH 20 FEET OF LOT 3, BLOCK 1, OAK RIDGE ADDITION TO FORT WALTON; THENCE RUN NORTH 74° 54' 19" EAST, ALONG SAID WESTERLY EXTENSION OF THE SOUTHERLY LINE OF THE NORTH 20 FEET OF SAID LOT 3, BLOCK 1, FOR A DISTANCE OF 13. 06 FEET TO A POINT ON THE WESTERLY LINE OF SAID BLOCK 1; THENCE RUN SOUTH 32° 00' 04" EAST, ALONG SAID WESTERLY LINE OF BLOCK 1, FOR A DISTANCE OF 201. 62 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTH 47 FEET OF LOT 5, BLOCK I, OF THE AFORESAID OAK RIDGE ADDITION TO FORT WALTON; THENCE RUN SOUTH 66° 06' 32" WEST, ALONG THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF THE SOUTHERLY 47 FEET OF LOT 5, BLOCK 1, FOR A DISTANCE OF 12. 63 FEET TO THE AFORESAID CENTERLINE OF A 25 FOOT WIDE VACATED ALLEY; BK: 3672 PG: 2235 THENCE RUN SOUTH 32° 00' 04" EAST, ALONG SAID CENTERLINE, FOR A DISTANCE OF 24. 86 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF THE SOUTH 25 FEET OF LOT 7, BLOCK 3, OF AFORESAID FIRST ADDITION TO NORTH HILL GARDENS; THENCE RUN SOUTH 57° 59' 56" WEST, ALONG SAID EASTERLY EXTENSION OF THE NORTHERLY LINE OF THE SOUTH 25 FEET OF LOT 7, BLOCK 3, FOR A DISTANCE OF 12. 50 FEET TO A POINT ON THE EASTERLY LINE OF SAID BLOCK 3, FIRST ADDITION TO NORTH HILL GARDENS; THENCE RUN NORTH 32° 00' 04" WEST, ALONG SAID EASTERLY BLOCK LINE, FOR A DISTANCE OF 275. 42 FEET TO THE POINT OF BEGINNING. Section 4. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Section 5. Effective Date This Ordinance shall take effect immediately upon adoption on second reading by City Council and signature of the Mayor. Adopted: April Richard A. Rynearson, Mayor Attest: Approved for form 1e? iiiifficie0ey Kim,M Barnes, City Clerk Ha/ y,ard Dykes, Jr.. Attorney r ( freiy I 7 BK: 3672 PG: 2236 P:\ Project. 21 VI 3. 0 7 95. POS_ Chl>.., 71_ 4....-_ Fort.„3.4o1 I, 3r,_ Bench\ Surveyino_ ond.J40,0,9\ 033 Survey:023.AL TAVI- 09,5. 006 Chi>- VI- AJ1:11.41,>,, g Piot tad. Jon 03. 2023 - 9, 20333 6, Woleich0 g 1 H! 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