Fort Walton Beach Ordinance — 100.320 - Rezone 13 & 15 Shell Avenue SE — reading text

’ freanixd “bate Ist orDINANCE (OQ). 220 AN ORDINANCE REZONING CERTAIN PROPERTY IN THE CITY OF FORT WALTON BEACH FROM C-2 TO R-2, PROVIDING THE EFFECTIVE DATE HEREOF. BACKGROUND FACTS: A. The owner of the property described in this ordinance has submitted a request to rezone this property, and B. A public hearing has been held after "due public notice" before the Municipal Planning Board of Fort Walton Beach, which meeting occurred on lst day of November, 1983. The Municipal Planning Board has recommended the request sub- mitted by the owners be approved, and C. A public hearing under this same "due public notice" has been held before the City Council on November 8, 1983, and D. This property is located at Lots 4 and 5, Howard Gill Sub- division, Considering all of the above, it is ORDAINED: SECTION I. That the following described property is hereby rezoned from C-2 to R-2: Lots 4 and 5, Howard Gill's Subdivision. (13 and 15 Shell Avenue, S.E.) SECTION II. This ordinance shall become effective upon its approval by the Council upon second reading and upon approval by the —_ APPROVED Vlovembter) AL, /FGZ MAYOR Hy thereto la 1g aghen. ATTEST: Vf ° o Melon le boon City Crk The form and legal sufficiency of the foregoing has been ef. and approv. Dp. the City Attorney. acre mente nan | Jameson, DISPOSTTION| {[DISPOSTTION on C Le Anchors, fd the Beg AK. 1. wth Pa Da i ly | A Freedom Newspaper News Published Daily Fort Walton Beach, Florida State of Florida County of Okaloosa Before the undersigned authorized personally appeared cary seqgett »who on oath says that (s) he is Office “anager of the Playground Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that the attached copy of advertisement, being a Tecal in the matter of Jotice in the Court, was published in said newspaper in the issues of Yotoner 25, 1973 Affiant further says that the said Playground Daily News is a newspaper published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said newspaper has heretofore been continuously published in said Okaloosa County, Florida, each day, and has been entered as second class mail matter at the post office in Fort Walton Beach, in said Okaloosa County, Florida, for a period of one year next preceding ihe first pubjication of the attached copy of advertisement; and affiant further says that (s)he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this “bey, for publigatign in the said newspaper. Sworn to and subscribed before me this day of DIetober , A.D. ‘Ooon Par ) U Notary Public, State of Florida at Large Palsy ty gage My Commission Expires 2) > = ¢-? \ Dai ly q A Freedom Newspaper News Published Daily Fort Walton Beach, Florida State of Florida County of Okaloosa Before the undersigned authorized personally appeared at ary Leqdett »who on oath says that (s) he is Cffico “anader of the Playground Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that the attached copy of advertisement, being a Lecal in the matter of Notice of Public Yearine in the Court, was published in said newspaper in the issues of Qctober 17, 27, 1983 Affiant further says that the said Playground Daily News is a newspaper published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said newspaper has heretofore been continuously published in said Okaloosa County, Florida, each day, and has been entered as second class mail matter at the post office in Fort Walton Beach, in said Okaloosa County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that (s)he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this aa, publication in the said newspaper. . / nt f Lit LLL a Athy Sworn to and subscribed before me this day of -lovember ,A.D.1922.. Notary Public, State of Florida at Large JULY 20, 1986 My Commission Expires 7™7EM NO: 1 PLANNING BOARD NOVEMBER 1 TO: MUNICIPAL PLANNING BOARD City of Fort Walton Beach City Hall Ft. Walton Beach, Florida 32548 We, the undersigned request the following land use change: Request to rezone from C-2 to R=-2 of the following described property: 13 and 15 Shell Avenue. S.E Lots 4 and 5 HOWARD GILL'S SUBDIVISION We are the legal owners of the property for which this change is requested and attached CONTRACT as evidence of this ownership. Dated this 7th day of October , 19 83 . WITNESS: . . LICANT ¢S ) Giby , @ ae pp ) (SEAL) c Va DAVID DEVAUS 243 8682 * Second Ave (SEAL) (SEAL) , Receipt for Leposit - Offer to Purcnase ¥ and Contract for Sale Date__ September 16, 1983 RECEIPT is hereby acknowledged by THE HARBESON AGENCY, INC., Realtor, a Registered Real Estate Broker ans eee eee ee Hive Hundred and Noy 100s eee cccccaccccececneeeseaes SoLLans 6 trom David Devaux and W, S. Burrough hereinafter called Buyer, as an earnest money deposit and as a part of the purchase price on account of offer to purchase the property of 0.B. Ward hereinafter called Seller suid property being situated in the County of Okaloosa and State of Florida, to wit: Lots 4 §& 5 Howard Gill S/D (As per MLS # 62292 attached) upon the terms and conditions as follows: the total purchase price being aprrommatebyxd _ fp and shall be paid as follows: The deferred payments shall be payable as follows: CASH DEPOSIT (above) ............... ¢____ ape CASH ON CLOSING .................. ‘’ J... APPROXIMATE EXISTING MORTAGE BALANCE AS OF L$ DEFERRED PAYMENTS .............. $ TOTAL 1... eee cece eee, ‘ Gr SPECIAL CONDITIONS 1. ABSTRACT—TITLE INSURANCE-The Seller is to furnish, at his cost, ang 2 RO NODEX ROT REMIX BXAG ORONO, Or title insurance binder (with cost of title insurance policy being paid for by the Seller), showing good and merchantable title, at option of the Seller to the Buyer or his designated attorney, 2. EXAMINATION OF TITLE—Time to Cure Defects—The Buyer or the attorney shail have __.D__ days within which to examine the said abstract of title or the title insurance binder and to signify his willingness to accept same, whereupon this transaction shall be concluded within __._2 days. In the event examination of abstract of title proves the title to be unmerchantable or uninsurable, the Seller shall have__ 20 _ days within which to cure the designated defects in the title that render same unmerchantable or uninsurable in the opinion of the Buyer or his said attorney, and the Seller hereby agrees to use reasonable diligence in curing said defects, and upon the defects being cured and notice of that fact being given to the Buyer or his said attorney, this transaction shall be closed within-2-__ days of delivery of said notice. Upon Seller's failure or inability to correct the unmerchantability of the title within the time limit or a reasonable time at the option of the Buyer, the Seller shaii deliver the title in its existing condition, otherwise the Agent, or the Seller hoiding the herein mentioned earnest money deposit shall return same to the Buyer upon demand therefor and all rights and tiabilities on the part of the Buyer arising hereunder shall terminate. Provided, however, that in the event of a disagreement between the Seller and the Buyer or his said attorney, as to the marketability of the title, the Seller may offer the binder of a reputable and solvent title insurance company, agreeing to insure the marketability of said title, which shall be conctusive that said title is merchantable. Upon return of said deposit under such conditions, the Seller shall pay the Agent the commission specified hereunder or at the option of the Agent, an agreed sum not exceeding the regular commission, to cover expenses incurred. 3. ZONING—RESTRICTIONS-—It is understood and agreed above mentioned property is being sold subject to the zoning ordinances, restrictions, and limitations of record and public utility easements of record, if any, which do not interfere with use of said property for purposes, 4. KIND OF DEED—Conveyance of title shall be by Warranty Deed deed, free and clear of all encumbrances and liens of whatsoever nature, except as herein otherwise provided, and said deed shall be prepared without expense to the Buyer. The deed is to be delivered on_closing 5. DOCUMENTARY STAMPS-The Seller shall pay for the documentary stamps ($123.75 _) and surtax ($___ 7777) on deed. The Buyer shall provide the required and properly executed notes and mortgages, if any. The NTA shall pay the cost of recording the deed (S. 5. 00 ), recording the mortgage ip__N/A_ iy, intangible tax on mortgage is N/A and documentary stamps on note N/A iy 6. CLOSING COSTS-— If this transaction shall be closed through an abstract office, bank, law oftice, or any other agency than the office of the requesting party Agent, and where a closing or escrow charge is made, such expense shall be borne by the 7. PRORATION OF TAXES, LIENS, ETC.~All adjustments of taxes, liens, insurance premiums, interests, rents or other items on said property are to be made on a pro rata basis as of the specified time of date of closing. (If taxes and other items are not to be prorated, specify agreement as to such items. as state The Seller is to provide proof that homestead exemption has been filed for the —_______. tax year The Seller is to transfer escrow account held by mortgage company to Buyer, and pay any shortage revealed by statement from mortgage company. The Buyer to assume liability for N/A———__. taxes and insurance, and to pay for any overage in the escrow account. (/A 8. Buyer to obtain occupancy on or before________ and pay an occupancy fee of $ per day untii____.. =———sclosing. Buyer to pay change-of-owership fee ___...-_=_____ to mortgage company, and assume mortgage payments ($s) commencing . Possession will be given Buyer on closing. 9. SURVEY—If the Buyer desires a survey of the property, he may have the property surveyed at his expense prior to closing date. If the survey shows any encroachments on the land herein described or that the improvements located on the land herein described encroach on other lands, written notice to that effect shall be given the Seller and Seiler shall have the same time to remove such encroachments as is allowed under this contract for the curing of defects of title. If the Seller shall fail to remove or cure said encroachments within said period of time, then the deposit this day paid shall, at the option of the Buyer, be returned to Buyer upon demand, all rights and tiabilities arising hereunder shall terminate, or Buyer may at his option, close this transaction in the same manner as if no such defect had been found. 10. LOSS OR DAMAGE-The risk of loss or damage to premise by fire or otherwise, until delivery of deed, is assumed by the Seller. The Seller turther agrees to deliver the property in the same condition as it is when this contract is excuted. BUYERS INITIALS =. SELLERS INITIALS PAGO +4mroparmce CAMXVKRIAX as needed for closing om . rr Me pare va HOWARD GILh® Yo Par ali 4 Townnomes , BIRCH $7. SECOND on | +t my | ai : r at! 1 . i | ~ _ 7 Ss, eet ’ . HS. mt te de Dai ly f A Freedom Newspaper News Published Daily Fort Walton Beach, Florida State of Florida County of Okaloosa Before the undersigned authorized personally appeared Mary Toacewent »who on oath says that (s) he is_ Office “anager of the Playground Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that Howar ghar Sisbdivi ated 15 Sell Avenues, 5.£. the attached copy of advertisement, being a Legal Deputy City Clerk’ py ca hy Aen ie in the matter of Motice of Public Hearing in the Court, was