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

q::~ ey at Law JJM/dh Enclo~: as stated above cc: V Helen Spencer City of Fort Walton Beach  APPROVED by,City Council OF FORT WALTON BEACH, CIT!' FLORIDA Y-f9 f?<. .-'- MDDRANDUM H' l.. t ,.~~~# Dale DATE: October 26, 1999 TO: Reid Silverboard, City Manager FROM: Mark D. Van Hala, Public Works Director SUBJECT: Property Exchange between the City and the Wenzels- Agenda Item BACKGROUND The ci ty received notice from Mr. Walt Smi th, attorney for the Wenzel' s, that some problems exist with the ownership of property at the northeast corner of Ferry Road and Hwy. 98, presently Big City Cafe. There are three items of concern ( see attached drawing) : 1. The City was deeded an approximate 10 foot by 100 foot strip of property that is described behind the sidewalk which is encroached upon by the existing " Big City Cafe" building. It appears the description on the deed was in error, since it covers a 10 foot strip East of the street and under a portion of the Big City building. 2. The Wenzel' s own an approximate 10 foot by 100 foot strip of property that is described into the roadway on Ferry Road, that is immediately North of the property listed in Item No. 1. The City has no deed covering this portion of the street yet the Wenzel' s deed includes this 10 foot strip. 3. The City has line which a sanitary sewer runs through the Wenzel' s property with no documented easement. This sewer lineis presently under a 15 foot by 15 foot addition on the rear of the Wenzel' s building. Due to elevation and right- of- way constraints the sewer line cannot be easily rerouted. DISCUSSION In order to clear up the encroachment problems that exist, the Wenzels agreed to 3xchange deeds with the City for the 10 foot strips of property and also grant. an easement to the City for the sewer line encroaching on their property. A location map nd drawing of the property exchange on Ferry Rd. at Hwy. 98 are attached. Deeds and easement have been prepared and approved by attorneys on both sides, Mr. Walt Smi th and Mr. Jerry Miller. The deed and the easement from the Wenzels have been properly executed by the Wenzels. s recommended City Attorney an ordinance has been prepared to provide authority by the for conveyance City' s interests and title insurance has been obtained on the of the properties being conveyed to the City. PH- 2.  ON Recommend that the City Council approve Ordinance N~. 1391 on first reading providing authori ty for the conveyance of property owned by the ci ty in exchange for property owned by Glenn Wenzel, and wife, Valerie Wenzel and acceptance of a 15 foot sewer easement from Glenn Wenzel, and wife, Valerie Wenzel and instruct the City, Clerk to prepare a second reading of the ordinance. Prepared By: k~ &. }{~ Nancy McDonald I \/ Date I , 3/Gc, Chief Engineering Technician Reviewed and Submitted By: PJJJD,~ Mark Van Hala Date 9 kO\{~ r Public Works Director Reviewed and Concurred By: J2JLi2 Reid Silverboard City Manager WENZEL. MEM/DPT020C/ AGENDA. CC  LOCATION MAP FOR PROPERTY EXCHANGE BETWEEN THE CITY AND THE WENZELS C} f7 DR K EXCHANGE 54 W~ S3~ 4 :;~ 8~ 2J~ SCALE IN FEET 800' o 800' 1600' LOCATION MAP JUNE 10, 1998 DRAWING / I DWG\ SE\ LOCUAP. DWG SCALE 1" == 800' MAS LOCMAP  PROPERTY EXCHANGE BETWEEN THE CITY AND THE WENZELS ALONG FERRY ROAD NORTH OF HIGHWAY 98 u.I I I I 1040' S 89"59' 41. W 75.60' I TAX ID # 24-2S-2~ I01-OOOO s. (fa 6~ w E:; =- I ~~ V) ! Z ITEM # 2 3 TAXm# 24- 25- 2~ I w N 89"59' 41. E E:; 10.6T 10.6T Z ITEM # 3 ITEM # 1 CURVE /) ATA A .. 1472.69' L: 22.08' J{ 42.9!1' s 8r3!'4r ~ P. c. N.AIW MIRACLE STRIP PKWY. ( U.S. HIGHWAY 98) r5~ W~ 93~ 005 IS NOT A SURVEY LEGEND R = RADIUS 1 :;~ L = ARC LENGTH J)~ E. RIW = EAST RIGHT OF WAY PROPERTY EXCHANGE FERRY @ 98 N.RIW = NORTH RIGHT OF WAY P.T. =POINT OF TANGENCY JUNE 10, 1998 DRAWING # SE\ 201 MSP. OWG P.c. =POINT OF ClJRVATlJRE SCALE 1"' - 30' MAS 201MSP.  139\ 1 ORDINANCE NO.: 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH 4 RELATING TO THE CONVEYANCE OF REAL PROPERTY OWNED BY 5 THE CITY AND CONSISTING OF 976 SQUARE FEET ~ IN EXCHANGE l; FOR REAL PROPERTY OWNED BY GLENN WENZEL, AND WIFE, 7 VALERIE WENZEL, AND CONSISTING OF 996 SQUARE FEET : t; R ACCEPTING A GRANT OF A 15 FOOT