Fort Walton Beach Council agenda — 11-12-02 regular Council agenda — reading text

dedicate to the City for alley purposes The applicant a like amount of their property lying east alley in of the order to maintain the 25' width. The applicant represents all of the alley affected property owners. The procedure and criteria for abandoning a right- of- way are specified in section 30- 13, Code of Ordinances. The procedure requires that a public hearing be Municipal Planning Board on the petition held by the after written notification of property owners that own property within 200 feet of the request, and posting of the requested right- of- way. Board held public hearing on October 3, 2002, The Municipal Planning a at which time they received public comment. Jay Odom, President, advised that he simply trying to remove the offending structure was from the public right- of- way. Removing the structure would render the existing restaurant structure useless as a restaurant. The MPB found that the vacating a right- of- way had been criteria for met and voted 4- 0 to recommend approval of proposed Ordinance 1517, an Ordinance that would vacate, abandon and discontinue the requested for the portion of the alley. The City will not retain an easement sanitary sewer line that services the applicant' s building. It will  o o line. The existing line would end at the become a private sewer manhole on the north end of the request site. October 22, 2002 to consider city Council held a public hearing on ordinance that would vacate portion a of the alley Ordinance 1517, an right- of- way. The public notice requirements for posting and notification of property owners within 200 feet were accomplished on 1517 First october 11, 2002. The City Council approved Ordinance on Reading. in the form of a The applicant has prepared a dedication instrument of- way. quitclaim deed to a parcel of land east of the alley right- to considering City Council should consider that dedication prior Ordinance 1517 on second reading. DISCUSSION: violation application has come forward as a result of a notice of The to the previous property owner ( FFCA acquisition Corp) issued by the in cooler and landing City for construction without permits for a walk- is seeking with steps at the rear of the property. The applicant who to remedy the encroachments subsequently acquired the property. The process of abandoning a right- of- way requires a vacating and after posting and public hearing before the Municipal Planning Board notices sent to property owners within 200 feet of the right- of- way. c Criteria are specified in the " Review Criteria" below. The City council may, by ordinance, approve vacation of a right- of- way if in their discretion Council finds the criteria have been met. the The vacation of the proposed right- of- way may be approved provided have been met ( Section 30- 13, Code of Ordinances): following criteria reasonable foreseeable There is no present necessity, or necessity, for the retention of the right- of- way. That the right to exclusive or necessary access of adjoining property owners will not be negatively impacted. That the access to a public water body will not be negatively impacted. The applicants have met the above criteria. prepared a quit They has claim deed for dedication of a parcel to the east of the alley right- of- way that will amount to a property trade that will allow the alley result in right- of- way width to remain at 25 feet and will no encroaching structures on the alley right- of- way. RECOMMENDATION: The Municipal Planning Board recommended that City Council approve Ordinance 1517.  o o 1 ORDINANCE 1517 2 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 5 FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR 6 FINDINGS OF FACT; PROVIDING FOR THE VACATION, 7 ABANDONMENT, DISCONTINUANCE AND CLOSURE OF A 8 PORTION OF A NORTH- SOUTH ALLEY LOCATED TO THE 9 REAR OF 67 EGLIN PARKWAY NE IN THE RESUBDMSION 10 OF BWCK 5, OAK RIDGE SUBDIVISION, AS RECORDED IN 11 PLAT BOOK 2, PAGE 47, OF THE PUBLIC RECORDS OF 12 OKALOOSA COUNTY, FLORIDA; AND PROVIDING FORAN 13 EFFECTIVE DATE. 14 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 17 BEACH, FLORIDA, AS FOLLOWS: 18 19 SECTION L AUTHORITY. The authority for enactment of this Ordinance is pursuant to the 2, ofthe City Charter; and Section 20 powers for the City of Fort Walton Beach, provided in Section 21 166. 021 ( 1), Florida Statutes. 22 23 SECTION n.FINDINGS OF FACT. The City Council ofthe City of Fort Walton Beach finds 24 the following: 25 26 A. The fee simple title holders of the property abutting the subject right- of-way submitted a and close a 27 request to the City of Fort Walton Beach to vacate, abandon, discontinue of curing existing 28 portion of the public alley, as described herein, for the purpose 29 encroachments, which have been in place for over ten ( 10) years; and, c 30 31 B. The Municipal Planning Board held a public hearing after due public notice on October 3, 32 2002 to determine the need for a portion of the public alley, as described herein, and 33 recommended that the request be approved; and, 34 35 C. There is no present necessity, or reasonably foreseeable necessity, for the retention of that 36 portion of the alley as described herein. The continued ownership and control of the City' s 37 interest in aportion of the public alley, as described herein, is not required; and, 38 39 D. The right to exclusive or necessary access of adjoining property owners will not be 40 negatively impacted by this action. 41 42 E. That the access to a public water body will not be negatively impacted. 43 44 SECTION ill. VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE 45 The City' s interest and use in a portion of the following described alley: 46 47 THAT PORTION OF A PUBLIC ALLEY ( 25' WIDE), A 48 PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 2 49 SOUTH, RANGE 24 WEST, CITY OF FORT WALTON BEACH, 50 OKALOOSA COUNTY, FLORIDA, BEING MORE 51 EXPLICITLY DESCRIBED AS FOLLOWS: 52 53 COMMENCE AT THE MOST SOUTHERLY CORNER OF WT 54 9, BLOCKS, OAKRlDGEADDmON TO FORT WALTON, AS 55 RECORDED IN MAP BOOK 1, AT PAGE 89, OF THE PUBLIC 56 RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE 9/1 0/ 02 DRAFT Page 1 of 2  o 0 1 SOUTH 35 DEGREES 34 MINUTES 00 SECONDS EAST 2 ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF 3 STATE ROAD # 85 (EGLIN PARKWAY), A DISTANCE OF 4 25. 00 FEET; THENCE DEPARTING SAID NORTHEASTERLY 5 RIGHT-OF-WAY LINE, GO NORTH 54 DEGREES 26 6 MINUTES 00 SECONDS EAST, A DISTANCE OF 200.00 FEET 7 TO THE POINT OF BEGINNING; THENCE NORTH 35 8 DEGREES 34 MINUTES 00 SECONDS WEST, A DISTANCE OF 9 120.00 FEET; THENCE SOUTH 65 DEGREES, 34 MINUTES 00 10 SECONDS EAST, A DISTANCE OF 10. 00 FEET; THENCE 11 SOUTH 35 DEGREES 34 MINUTES 00 SECONDS EAST, A 12 DISTANCE OF 102. 68 FEET; THENCE SOUTH 05 DEGREES 13 34 MINUTES 00 SECONDS EAST, A DISTANCE OF 10.00 FEET 14 TO THE POINT OF BEGINNING OF THE PARCEL HEREIN 15 DESCRIBED. 16 17 SAID PARCEL CONTAINING 0. 01 ACRES, MORE OR LESS. 18 556. 70 SQUARE FEET) 19 20 is hereby vacated, abandoned, discontinued and closed and the City of Fort Walton 21 Beach renounces and disclaims all rights and obligations of the City and the public in 22 that portion of said public alley. 23 24 SECTION IV. EFFECTIVE DATE. 25 26 This Ordinance shall take effect