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Fort Walton Beach Ordinance — 2013--Vacate ROW-25 Carson--Withdrawn by Applicant — reading text
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ORDINANCE 2013
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 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 May 24, 2016 and June 14, 2016,
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. Access to the adjacent property owners will not be impaired or affected.
D. The area is no longer required to provide for access to or maintenance of public
facilities.
Section 3. Vacation, Abandonment, Discontinuance, Closure
The City' s interest in the following described easement is hereby vacated:
A right-of-way as recorded in the Official Records Plat Book 1, Page 34,
of the official records of Okaloosa County, Florida. More particularly described in
attached Exhibit A.
Section 4. Severability
If any word, phrase, sentence, paragaph 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:
Richard A. Rynearson, Mayor
Attest: Approved for form, legal sufficiency
Kim M. Barnes, City Clerk Hayward Dykes, Jr., City Attorney