Fort Walton Beach Ordinance — 1708--Closure of Easement — reading text

READING DATE 1st 2nd ORDINANCE 1708 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FOR AUTHORITY; PROVIDING FOR FLORIDA; PROVIDING FINDINGS OF FACT; PROVIDING FOR THE VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF A PORTION OF EASEMENT ON A PORTION OF VACATED AS RIGHT-OF- WAY OF A NORTH SOUTH ALLEY, IN PLAT BOOK 1042, PAGE 401, OF THE RECORDED PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. FORT WALTON BEACH, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORIDA, AS FOLLOWS: Ordinance is pursuant to SECTION I. AUTHORITY. The authority for enactment of this 2, of the City Charter; the powers for the City of Fort Walton Beach, provided in Section 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 tosubject right- of-way vacate, abandon, submitted a request to the City of Fort Walton Beach herein, and, discontinue and close a portion of the easement, as described due public notice on B. The Municipal Planning Board held a public hearing after that portion of the easement, as September 7, 2006 to determine the need for and, described herein, and recommended that the request be approved; for the C. There is no present necessity, or reasonably foreseeable necessity, herein. The continued retention of that portion of the easement as described of the easement, as ownership and control of the City' s interest in a portion described herein, is not required; and, owners will not be D. The right to exclusive or necessary access of adjoining property negatively impacted by this action. E. That the access to a public water body will not be negatively impacted. Ct u.. o N Z 8 SECTION III. VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE M of an easement: The City' s interest and use in the following described portion W d o Q) ~ Q: that was The East three ( 3) feet of the fifteen ( 15) foot utility easement 0) c{ 8:. o g .~ in City of Fort Walton Beach Ordinance O:I"::!!- retained with the vacation of an alley a:~ o 100. 261, adopted June 12, 1979, recorded in Official Records Book 1042, 8 U Florida. Portion of easement to be vacated Page 401, of Okaloosa County, u.. moW 0::: zO 0:1"_ I'- N CD 0 w~ zW more particularly described as: 8~ J ou_ N.... described The East 3 feet of the vacated alley located between the following GO 0;::<9 w:;: CO..-Z Ci5 0 Parcel 1 and Parcel 2: U::r NQ)o::: EO fractional Section 23, EQ: frl O::: Q. z WO Parcel 1: The North 430 feet of the East 100 feet of 00 Page 1 of 2  Beach, Okaloosa County, Township 2 South, Range 24 West, Fort Walton Florida. the northwest Parcel 2: Beginning at a point 15 feet East and 15 feet South of corner of Section 24, Township 2 South, Range 24 West, Okaloosa County, iron thence South 373. 2 feet to a Florida; thence East 142. 4 feet to an pipe, of state Road; thence westerly along said concrete monument on the edge to the Point of road 142. 8 feet to an iron pipe; thence North 364. 8 feet Beginning. and the City of Fort is hereby vacated, abandoned, discontinued and closed all rights and obligations of the City Walton Beach renounces and disclaims and the public in that portion of said easement. of the property As a condition of this approval, the fee simple title holder shall hold harmless and indemnify the City abutting the remaining right- of-way of the s use of the for any damage or liability caused as a direct result City' shall have full and sole remaining right-of-way, and the fee simple title holder responsibility for maintaining, repairing, or replacing any improvement of any any landscaping, pavement, decking, or any kind, including but not limited to encroach the remaining right- of- way and be type of structure, that may upon of- damaged by the City' s right to use that remaining right- way. SECTION IV. EFFECTIVE DATE. the City Council and This Ordinance shall take effect immediately upon approval by signature of the Mayor. ADOPTED: I / -/1-' (J ~ MAVOR: Mike Anderson d'~~ ir!\~~:' /:;\'P J. r Approved as to form and legal sufficiency. Page 2 of 2