Fort Walton Beach Ordinance — 1642--Vacate S Beach Street-Shell Ave — reading text

BEADmG ORDINANCE 1642 1st 2.d 2.! o o N Z J o AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; U W J fJ PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; U o o i= PROVIDING FOR THE VACATION, ABANDONMENT, a: C) o DISCONTINUANCE AND CLOSURE OF THAT PORTION OF PUBLIC 2 i i! J RIGHT-OF- WAY OF SHELL AVENUE AND SOUND BEACH STREET M~~ o O~ 8 U LYING SOUTH OF THE SOUTH RIGHT- OF-WAY LINE OF STATE o C)- ROAD 30, AKA, U. S. HIGHWAY 98, AKA MIRACLE STRIP PARKWAY, W~ 8 w c08an MORE PARTICULARLY DESCRIBED AS FOLLOWS: N~ H: U M~ O)~ 0. 0 I/) "~" gj~ W$ 0 THAT PORTION OF PUBLIC RIGHT- OF-WAY OF SHELL AVENUE NN" O UI I> NL()< a: AND SOUND BEACH STREET LYING SOUTH OF THE WESTERLY O 5 l> W u a.z EXTENSION OF THE SOUTH BOUNDARY LINE OF 2005 PARCEL Eroa:: wo a:: 00 ID NUMBER 24- 2S- 24- 0000- 0021- 0000; SAID RIGHTS- OF- WAY LYING IN SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA AND ADJOINING THE FOLLOWING 2005 OKALOOSA COUNTY PARCEL ID NUMBERS: 24- 2S- 24- 0000- 0019- 0000, 24- 2S- 24- 0000- 0026- 0000, 24- 2S- 24- 0000- 0018- 0000, 24- 2S- 24- 0000- 0009- 0000; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT 0 RDAINED BY THE CITY COUNCIL 0 F T HE CITY OF FORT W ALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY. The authority for enactment of this Ordinance is pursuant to the powers for the City of Fort Walton Beach, provided in Section 2, ofthe City Charter; 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. Pursuant to a mediated settlement arising from litigation in Okaloosa County Circuit Court Case 04- CA- 2124, the fee simple title holders of the property located at 315 Shell Avenue SE, abutting the subj ect right- of-way submitted a request to the City ofF ort WaJton Beach to vacate, abandon, discontinue and close the public right- of-way described herein; and, B. The Municipal Planning Board held a public hearing after due public notice on August 4, 2005 to determine the need for the public right- of-way described herein, pursuant to the future transportation or other relevant purposes and recommended that the request be approved; and, C. There is no present necessity, or reasonably foreseeable necessity, for the retention of the right- of-way, subject to the conditions set forth in this ordinance. The continued ownership and control of the City' s right- of-way interest is not required; and, Page 1 of 3  D. The right to exclusive or necessary access of adjoining property owners will not be negatively impacted by this action because it is expected that the requestor will own all adjoining property; and, E. That the access to a public water body will not be negatively impacted. SECTION III. VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE The City' s right-of-way interest and use in the following described right- of-way: THAT PORTION OF PUBLIC RIGHT -OF-WAY OF SHELL AVENUE AND SOUND BEACH STREET LYING SOUTH OF THE WESTERLY EXTENSION OF THE SOUTH BOUNDARY LINE OF 2005 PARCEL ID NUMBER 24- 2S- 24- 0000- 0021- 0000; SAID RIGHTS- OF-WAY LYING IN SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA AND ADJOINING THE FOLLOWING 2005 OKALOOSA COUNTY PARCEL ID NUMBERS: 24- 2S- 24- 0000- 0019- 0000, 24- 2S- 24- 0000- 0026- 0000, 24- 2S- 24- 0000- 0018- 0000, 24- 2S- 24- 0000- 0009- 0000 is hereby vacated, abandoned, discontinued and closed subject to the conditions stated in this ordinance and the City of Fort Walton Beach renounces and disclaims all rights and obligations of the City and the public in and to said right- of-way subject to the following conditions: A. The City shall reserve an easement, particularly described for each area along said vacated of way for the purpose of constructing and maintaining right equipment, facilities and installations for City utilities, to include drainage and to the other utility companies who have utilities located on the property. Applicant shall bear the costs of locating such areas and providing those descriptions to the City. Such easement shall be prepared by the City and appropriately executed. Such easement shall be documented by a separate easement and applicant shall bear the cost of recording such easement along with this Ordinance in the public records of Okaloosa County, Florida. B. Until such time that the Staff Financial Company property is owned by either DB Daughters, Inc., William and Martha Garvie, or their successors in title, ingress and egress shall be permitted across the DB Daughters, Inc., or William and Martha Garvie properties solely for the benefit of the Staff Financial Company property. Such ingress and egress shall be documented with a separate easement that is properly recorded in the public records of Okaloosa County, Florida. C. In the event that any of the parties to the Settlement Agreement dated May 5, 2005, in Case No. 04- CA- 2124, do not comply with the agreement, the City reserves the right to amend, modify, or correct the conditions of the vacation or to proceed with the case in circuit court. Page 2 of 3  o ~ D~ o o I I J I I JJ I I SHELL AVE. I ~ I ot-= o 0- ZUlw r---- ~ 0- ~ l- 111 CUI> lOW Q~ w<cU w<c w ujZUl I U Io UI~ I- I L ~ w w g~ e II(/};- 0 z c Ow Z*~ 2Z W - I(/}-' 3 I:w a. BEAL PKWY. o a. J I j:::;'.. o ct l EXHIBIT liE"