Fort Walton Beach Ordinance — 2122--Vacation of ROW - Portion of Alder Ave SE--Original — reading text

ORDINANCE 2122 M 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 A PORTION OF RIGHT-OF- WAY AT ALDER AVENUE SE AND MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT A; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 30, 2023, the Growth Management Department received an application for Vacation of a portion of Alder Avenue SE right-of-way ; and WHEREAS, City staff has advised that the requested vacation of right-of-way application meets the requirements of 9. 02. 10 of the City' s Land Development Code; WHEREAS, upon review, the City Council finds that the requested vacation of right-of- way for that portion of Alder Avenue SE identified herein does meet the requirements of 9. 09. 02, of the City' s LDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority, Intent, and Incorporation A. The authority for enactment of this ordinance is contained in Chapter 166 Florida Statutes and the City Charter. B. The City Council conducted public hearings on May 23, 2023, and June 13, 2023, after giving due public notice. C. The above recitals are true and correct and incorporated herein. Section 2. Findings of Fact The City Council hereby finds the following: A. The area proposed for vacation no longer serves a public purpose; B. The proposed vacation is consistent with the Comprehensive Plan; C. Approval ofthe proposed vacation shall not deny access to private property; D. Approval of the proposed vacation shall not result in a loss of public safety, considering vehicular and pedestrian movement; E. Approval of the proposed vacation shall not result in a loss of access by emergency vehicles; and F. Approval of the proposed vacation shall not result in a loss of public services, such as waste collection or maintenance of public facilities.  Section 3. Vacation, Abandonment, Discontinuance, Closure The City' s interest in the following described right- of-way is hereby vacated with the right to retain a utility easement within the vacated portion: Alder Avenue SE right-of-way described as: THE WEST 20.00 FEET OF RIGHT- OF- WAY OF ALDER AVENUE SE LOCATED ADJANCENT TO LOTS 192 THROUGH 194, INCLUSIVE, OF OCEAN CITY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 28A, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. 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. Richard A. Rynearso , Mayor Attest: Approved for form, legal sufficiency Kim,V Barnes, City Clerk Kimberly Kopp, i terA4 City Attorney  NJ S o, e593QEPvcYfi a E ... E„ Q 8 e ieidvidQ Al Q @ ry a C S w i G p+p+ Z)Z)3-3- n=n= 1 1 kk aa mx exex m3u)m3u) 3s'3s' anNaAva3 anNaAva3 aiaaia Iebxosx-Iebxosx- 1YYUY1YYUY LLLL ff__— — a°a° aer'aer' aansis3eaansis3e ss ww mm ommcommc IaIa aa  DATE ORDINANCE 2012 C! w 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 A RIGHT-OF-WAY ON ALDER AVENUE SE AND MORE PARTICULARLY DESCRIBED AND DEPICTED IN ATTACHED ( 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 & 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 June 11, 2019 and June 25, 2019, 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. B. No public water bodies exist in or around the existing area. C. The proposed vacation is consistent with the Comprehensive Plan. D. Approval of the proposed vacation shall not deny access to private property; E. Approval of the proposed vacation shall not result in a loss of public safety, considering vehicular and pedestrian movement; F. Approval of the proposed vacation shall not result in a loss of access by emergency vehicles; and G. Approval of the proposed vacation shall not result in a loss of public services, such as waste collection or maintenance of public facilities. Section 3. Vacation, Abandonment, Discontinuance, Closure The City' s interest in the following described right-of-way is hereby vacated and a utility easement is retained for the following area: The west twenty ( 20) feet of the right-of-way located at Lots 187 through 191 inclusive facing Alder Avenue SE on the west side, of Ocean City Subdivision as recorded in the Official Records Plat Book 2, Page 28A, of the official records of Okaloosa County, Florida. More particularly described in attached Exhibit A. I ... log Q| CHOCTAW __ maw ICS1... \\ \ \