Fort Walton Beach Ordinance — 1391--Conveyance of Property — reading text

CITY OF FORT W ALTON BEACH, FLORIDA: SECTION 1. AUTHORITY. The authority for this Ordinance is Section 166. 021, Florida Statutes. SECTION II. FINDINGS OF FACT. The City Council finds and detennines that it is in the best interest of the City that the City convey the real property described herein in the Quit Claim Deed from the City to Glenn Wenzel, and wife, Valerie Wenzel, in exchange for the real property described herein in the Quit Claim Deed from Glenn Wenzel, and wife, Valerie Wenzel to the City. The best tenns have been negotiated and the proposed utilization ofthe properties and their development are for uses benefiting the City and its citizens. SECTION III. REAL PROPERTY EXCHANGE APPROVAL. The exchange of the real property owned by the City and specifically described as: SEE AITACHED EXHIBIT A. FOR AND IN CONSIDERATION OF the real property owned by Glenn Wenzel, and wife, Valerie Wenzel and specifically described as: SEE ATTACHED EXHIBIT B. AND FURTHER FOR AND IN CONSIDERATION OF the easement granted over property g:\ files\ municipal\ fwb\ordinanc\ wenzelprop, ord.doc  owned by Glenn Wenzel, and wife, Valerie Wenzel and specifically described as: SEE ATTACHED EXHIBIT C. is hereby approved, and the conveyance of the City parcel and acceptance of the Wenzel parcel and the easement is authorized. The Mayor and City Clerk are authorized to execute and deliver such deeds and other documents as are necessary to close the exchange. SECTION IV. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval by Council and signature by the Mayor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDAONTHE~ DAYOF ~ , 1999. The fonn and legal sufficiency of the foregoing has been reviewed md approved by Attorney. 1<<..,....~..... 1~_ y DIHPOSl'lTi ;. I i  1 rl SMITH. GRIMSLE~ B~ UMAN. PINKERTON. PETERMANN. SAXER & WELLS ATTORNEYS AND COUNSELOR.S AT LAW e~. '" .. .,~, ~.'_'. "::. '': ';. A pARTNERsHrp OF' PROF'ESSIONAL ASSoCIATIONS 25 WALTER M" RTIN ROAD N. E. WAl." l' ER J. SMITH P. O. BOX 2378 JAMES ' V. GRIMSLEY FORT WALTON BEACH, FLORIDA 32549 TELEPHONE 18501 Z. 3- 81". STEVEN B.BAUMAN TELECOPIER 18501 5728 ee.... DREW S.PINKERroN. RJCHARD P.PETERMANN'. CHroSroPUER P. SAXER KELVIN CLYDE WELL9 BO" RD CERTlnED CRIMINAL TRIAL LAWYER January 7, 1998 ALSO ADMITTED IN ALABAMA AND WYOMING via FAX to: 833- 9640 Mr. Mark Tate Public Works Director City of Fort Walton Beach P. Box 4009 o. Fort Walton Beach, FL 32549 Ferry Avenue, Fort Walton Beach, Florida Re: Exchange of Deeds, Dear Mr. Tate: As our telephone conversation, this is to advise that I am per Josephine Mrs. R. Ceravolo, . the former owner of the representing King' s Den, in attempting to clarify some problems that exist when she sold the King' s Den property to Mr. and Mrs. Glenn Wenzel. I am enclosing Exhibit II 1 II which shows parcel of hatched property a lO feet in width by 100 in length that a pre- feet approximately decessor title conveye,d to the in City of Fort Walton in 1957. the lO feet to the Apparently, this deed intended to convey immediate west of the hatched parcel, but due to error, they conveyed the hatched parcel which includes a part of the existing two st~r~ building. Enclosed, herewith is Exhibit " 2" that shows the legal description of the property that we would like to have deeded from the City to the Wenzels which will then give them title to their lot where the building encroaches. I am which enclosing is a survey showing the Exhibi t " 3 II feet by 100 feet to which the Wenzels have record' 10 approximately title, but is situated in the right- of- way. The Wenzels would be willing to convey this to the City to clear up the record title to the right- of- way.' I will behappy to meet with you to go over this matter if it would that the City could exchange deeds be any help, but I thought of with the Wenzels to the property in question. ATTACHMENT A STATEMENT OF PROBLEM  ourl. V"': _ . MENCE AT A POINT ON 1m NORTlI LINE OF S" ' ON 24, TOWNSIIIP 1 SOUTllo RANGE 24 WEST. olCAr ~ SA COUNTY. FLORIDA, LYING NORTII 89"5,'.. A DISTANCE OF 283'00 - nET nOM TIlE JJt,ST NOR. lEST CORNER OF SAID SECTION %< C; TIIEHCE SOUTH OO-J6' 51" WEST A DISTANCE or 4''''' nET TO THIC NORTlIERLY RIGHT 0' WAY LINE or u.s. HIGHWAY Hi THENCE SOUTH 8' M3' 41" L\ ST. ALONG SAID RlCIIT or WAY LINE A DISTANCE OF 17.70 nET TO TlIIC EAST RIGHT or WAY LINE OF nRRY AVENUE, AND TIlE POINT OF BEGINNING; TIIENCE HORTlI 00036' 51" EAST. ALONG TIlE RlGUT OF WAY LINE OF FERRY AVENUE, A DUiTANCa:,O' 91.77..Ji' IJ'fr THENCE NORTH 8,.5" 41 EAST A DISTANCE OF 10. 6'7 nrri THENCE .SOuTH 00. 3-4' 17" WEST ).' DISTANCE or ' 3. 13 FEET; THENCE NORTII 81033' 41" WEST. ALONG TilE alGIIT OF WAY LINE OF u.s. UlGUWA Y I ! ., A DISTANCE OF 10.75 nET TO THE POINT or BEGINNING. CONTAINS 1.oJ' SQUARE nET. MORE OR LESS. BEARINGS BASED ON S,' 41" EAST ALONG THE NORTH LINE OF SECTION 24. NORTII8,. rN-6fOs,-.",". J: 1.8)"'.. - r--- ? UV/ I1~ 1itr;:ff"~ 1e f.V' I u{ 1 L PSSClJ.ll" 4 >. rlV4" J:: 4Te/-/ I J I 1(/, . lGv~ y N I 7\ 101 I i:i I'; r i-f) 9' n"' IO~ J! o'/'.. 7 fI i~