Fort Walton Beach Ordinance — 1933--Vacate ROW -Perry and First Street — reading text

READI2VG n,,; .. "`. 1st 3 .; ; 2nd URDINANCE 1933 I AN QRDINANCE QF THE CITY COUNCIL QF THE CITY 4F F4RT WALTON BEACH, FLORIDA; PROVIDING FQR AUT IURITY; PRUVIDING FOR FINDINGS OF FACT; PR4VIDING FOR THE VACATI(?N AND ABAND4NMENT OF RIGHT- CIF- WAY AT THE 54UTHWEST CORNER OF PERRY AVENUE SE & FIRST STREET 5E AND MQRE PARTICULARLY DESCRIBED IN THE QRDINANCE; AND PR(JVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY C4UNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLQWS: Section 1, Authority & Intent A. The authority for enactment af this ordinance is contained in Chapter 166. 021 and other provisions of the Florida Statutes and Sectian 2 of the City Charter. B. The City Council conducted public hearings on February 9, 2016 and February 23, 2016, after giving due public notice. Section 2. Findings of Fact The City Council hereby finds the following: A. The area far vacatian no langer serves a public purpase; B. The praposed vacatian is cansistent with the Camprehensive Plan; C. The prapased vacation shall not deny access to private property; D. Approvai of the propased vacation shall not result in a loss af public safety, cansidering vehicular and pedestrian movement; E. Approval of the proposed vacatian shall not result in a loss of access by emergency vehicles; and tnstr# 3050894 BK: 3244 PG:893.Page 1 oi 3 Recorded 04 g 2016 at d3: 11 PM, R R t: S. Qp RECORDING ARTlCLE V: 512.00 DCY4i' fYLC.:?' CCC. SF.?: LC,C'ca COl! N+ Y.={- C ERK OF rC UR7S... l?{z JO? E? COG!.( II.  F. Approval of the proposed vacation shall not result in a loss of public services, such as waste collection or maintenance of public facilities. Section 3. Vacation, Abandonment, Discontinuance, Closure The City' s interest in the following described right-of-way is hereby vacated: A TRIANGULAR SHAPE PIECE OF PROPERTY AT THE SOUTHWEST CORNER OF THE 1NTERSECTION OF FIRST STREET AND PERRY AVENUE, BEING 50 FEET ALONG BOTH RIGHTS- OF- WAY. MORE PARTICULARLY DESCRIBED AS: COMMENCING ON THE NORTH L1NE AND 50 FEET EAST OF THE NORTHWEST CORNER OF LOT 571, OCEAN CITY SUBDIVISION, AS RECORDED 1N PLAT BOOK 2, PAGE 28A, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; PROCEED SOUTH ALONG A L1NE PARALLEL WITH THE WEST LINE OF SAID LOT 571, A DISTANCE OF 20 FEET; THENCE PROCEED EASTERLY ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID LOT 571, A DISTANCE OF 121 FEET, MORE OR LESS, TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF PERRY AVENUE ( 100' RIGHT-OF- WAY) FOR THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE PROCEED WESTERLY ALONG SAID LINE PARELLEL WITH THE NORTH LINE OF SAID LOT 571, A DISTANCE OF 50 FEET; THENCE ANGLE LEFT 135 DEGREES, MORE OR LESS, AND PROCEED 70. 7 FEET, MORE OR LESS, TO A POINT ON SAID WEST RIGHT-OF- WAY L1NE OF PERRY AVENUE, SAID POINT BEING 50 FEET SOUTHERLY OF THE POINT OF BEGINNING; THENCE PROCEED NORTHERLY ALONG SAID RIGHT-OF- WAY LINE A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 1, 250 SQUARE FEET, MORE OR LESS. Section 4. Severability If any word, phrase, sentence, paragraph 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 i This Ordinance shall take effect i unediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: r t. y la Mike Anderson, Mayor Attest: Approved for form, lega cie C Kim . Barnes, City Clerk aywa Dykes, Jr., Att y r'" ,-'`;--.` f-_ u f ti,. ••.., , T,.; ir + . w ... t ,.. 7_. :, 9 i. j . 11. Y'? 4_' S u;' Y 5-,' t s$ tr:. , r.:. at s, e_%` J  NORTHWEST FLORIDA D Nev s Published Daily Fort Walton Beach, Florida Distributed in Okaloosa, Santa Rosa & Walton Counties STATE OF FLORIDA 2016226 COUNTY OF OKt1LOOSA cmroFFoar . WALTON BEACH, FLORIDA NOTICE OF ' pND PROVIDING FOR PUBLIC HEARING qN EFFECTIVE DATE. Before the undersigned authorized personall3T appeared Tabatha A PUBLIC HEARING q y . Person who de- R. Tucker vho on oath says that she is the Legal Advertising wi be held on cne fol- cides to p, y a- lowing proposed ordi- cision made with re- Cle of the North vest Florida Dail r Ne vs, a daily ne vspaper nance- at- 6: 00• p. m_ ori spect to a y matter Tuesday, March $, considered at such published at Fort Y/alton Beach, in Okaloosa County, Florida; zo s,'• the,. Council Chamber at Fort, Wal- hearing n need a eo- ord of the roceedin s that the attached copy of ad Tertisement, being a to 107 Beach City . Hall, Mirade Strip Park- and ro S on purpose• waY, SW, at which time may need to ensure that a verbatim record the Ciry Council will