Fort Walton Beach Ordinance — 1714 Vacate Alley Right of Way — reading text

READING DATE 1st 9- 0'7 I.. 2nd /?: oP f-- ORDINANCE 1714 1. J l. L. 8 ~- AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, J 0 FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR N W <: C/) FINDINGS OF FACT; PROVIDING FOR THE VACATION, 5 .. J u 0 0 ABANDONMENT, DISCONTINUANCE AND CLOSURE OF i= ... J Q) ~ C) a::: ALL ALLEY RIGHTS- OF-WAY IN BLOCK J, SPIVEY GIBSON ca c( 0 l,. e> ~- Z ~ SECOND ADDITION TO CAMP WALTON, AS RECORDED IN Nife ::: J PLAT BOOK 1, PAGE 30, PUBLIC RECORDS OF a::: 0 8 () l. L. OKALOOSA COUNTY, FLORIDA; AND PROVIDING FOR AN 0 NOW a::: ~ EFFECTIVE DATE. CD_ ca ~ N.....~ ... JW J J... 8 c:... i -() inN.... aici: NinEA- ~~ inN" ~<: e> w3: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, ItOZ JO Ce ... NQ)a::: ~~ I FLORIDA, AS FOLLOWS: EO Z a.. Ea::: a::: wO 00 SECTION I. AUTHORITY. The authority for enactment of this Ordinance is pursuant to the powers for the City of Fort Walton Beach, provided in Section 2, of the City Charter; and Section 166. 021 ( 1), Florida Statutes. SECTION II. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the following: A. The fee simple title holder of the property abutting the subject alley rights- of-way submitted a request to the City of Fort Walton Beach to vacate, abandon, discontinue and close all alley rights- of-way, as described herein, and, B. The Municipal Planning Board held a public hearing after due public notice on December 7, 2006 to determine the need for all alley rights- of-way, as described herein, and recommended that the request be approved; and, C. There is no present necessity, or reasonably foreseeable necessity, for the retention of any alley rights- of-way as described herein. The continued ownership and control of the City' s interest in a portion of the alley rights- of-way, as described herein, is not required; and, D. The right to exclusive or necessary access of adjoining property owners will not be negatively impacted by this action. E. That th.e access to a public water body will not be negatively impacted. SECTION III. VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE The City' s interest and use in the following alley rights- of-way: ALL ALLEY RIGHTS- OF- WAY WITHIN Block J, Camp Walton, according to the Plat thereof recorded in Plat Book 1, Page 30, of the Public Records of Okaloosa County, a/ kIa Block C, Spivey' s Second Addition to Camp Walton, Fla., as recorded in Plat Book 1, Page 32, of the Public Records of Okaloosa County, Florida. SECTION IV. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval by the City Council and Page 1 of 2  e<;: JF' 4~ ft-':":'::>; i. ;; I City of Fort Walton Beach I ~ ~~ ,\ America' s Most Beautiful Beaches i~ I iA . I fl (, i ~"' j\ t'.. 107 Miracle Strip Parkway, SW * P. O. Box 4009 * Fort Walton Beach, Fl32549 i,. \& 0,' - 850) 833- 9500 * Fax ( 850) 833- 9640 v7. ~. '. I;: .' ,.' I . . www.fwb.org TDD ( 850) 833- 9925 Helen Spencer City Clerk 850) 833- 9509 hspencer@fwb. org January 24, 2007 Don W. Howard Clerk ot Circuit Court Okaloosa County Courthouse Annex Shalimar FL 32579 Dear Mr. Howard: Please record in the Official Records ot Okaloosa County the enclosed Ordinance 1714, which vacates, abandons, discontinues and closes all alley rights- ot-way in Block J, Spivey Gibson Second Addition to Camp Walton. Please forward the bill for the recording tee and the recorded document to my attention: Helen Spencer, City Clerk City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach FL 32549 Thank you tor your assistance. Sincerely, Helen Spen r City Clerk S/ m  Daily News Published Daily Fort \\T alton Beach, Florida Counties Di8tribute~ in Okaloosa, Santa Rosa & " Talton State of Florida } County of Okaloosa Before the undersigned authorized personally appeared Uam f)~ t- chox who on oath that (s) say!; he"'" of the Northwest Florida Daily Ne' ws, a daily is Ail",. ~~ ~ Beach, in Okaloosa County, Florida; newspaper published at Fort Vl alton that the attached copy of.advertisement. be~ g a~. . M ""' 1<D5\ in the matter of . N. cmt.l cf ~ c.. ~\~ in the Court, was published in said newspaper in the issues of J:- l \~ ~ ''\ t\ o \~ )~~ l\ 1-.LOO+ Florida Daily News is a says that the said Northwest Affiant :further Beach, in said OkalOOSR County, newspaper published at Fort Walton has heretofore been continuously and that the said newspaper Florida., each and has been in said Okaloosa County, Florida, day, published office in Fort Walton entered as second class mail matter at the post of one year next Beach, in said Okaloosa County, Florida, for a period of advertisement; and preceding the first publication of the attached. copy affiant further says that ( s) he has neither paid nor promised any person, or refund for the firm or corporation any discount, rebate, commission purpose of securing this advertisem. ent for publication in the said newspaper. . STATE OF FLORIDA COUNTY OF OKALOOSA Subscribed and sworn to ( or afI= ed) before me this