Fort Walton Beach Annexation record — annexation agreement--231-233 Bay Street NW — reading text

ANNEXATION AGREEMENT This Annexation Agreement is made and entered into by and between WILLIE JAMES BYRD and WILLIE LEE BYRD, the applicants for annexation hereafter referred to as " APPLICANTS ", and the CITY OF FORT WALTON BEACH, a Florida municipal corporation, hereafter referred to as " CITY ". I.) Applicants represent and warrant that: a.) Applicants are the owners and holders in fee simple of the properties to be annexed which are described as follows: Lot 24, Block 2, Pineview Subdivision, according to the plat thereof as recorded in Plat Book 2 at Page 106, of the Public Records of Okaloosa County, Florida. Lot 25, Block 2, Pineview Subdivision, according to the plat thereof as recorded in Plat Book 2 at Page 106, of the Public Records of Okaloosa County, Florida. b.) Applicants have applied by written application to the City for annexation into the City the Properties to be Annexed. II.) City represents and warrants that: a.) The Fort Walton Beach City Council has authorized the application be processed and that the City Manager negotiate and sign this Agreement on behalf of the City. b.) The City will process in good faith the application. NOW THEREFORE, in consideration of the representations and warranties heretofore and the mutual premises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto do hereby agree as follows: l.) City will process an ordinance annexing into the City the Properties to be Annexed, a copy of the draft ordinance, identified as Exhibit " A ", and being attached hereto and incorporated herein by reference.  2.) The ordinance will be processed by City as a voluntary annexation pursuant to Section 177. 044, Florida Statutes, which is an ordinance adoption process, including public hearing and participation, the result of which cannot be guarantied by City. 3.) Upon annexation, the property owners( s) and any resident on the properties annexed ( " Parcel to be Annexed ") shall be entitled to all the rights and privileges and immunities as are from time to time granted to residents and property owners of Fort Walton Beach, as further provided in Section 177. 062, Florida Statutes, and shall further be subject to the responsibilities of owners and any resident on the properties annexed as may from time to time be determined by the Fort Walton Beach City Council and the provisions of said Chapter 177. 062, Florida Statutes. 4.) Upon annexation of the properties to be annexed, the parcels shall be administered for land use purposes by the City pursuant to the applicable Okaloosa County comprehensive plan and zoning and subdivision regulations until the Fort Walton Beach City Council adopts ordinances amending its comprehensive plan reflecting the City's annexation and rezoning the parcels, respectively. While the application requests the Properties to be Annexed be designated LDR on the Future Land Use Map of the Comprehensive Plan and be zoned R -IA, no assurances of those results are made. 5.) Upon execution of this Agreement by Applicants and City, and the payments of any fees, deposits, costs or expenses incident thereto, the Properties to be Annexed are entitled to be connected to the City of Fort Walton Beach water and sewer systems until annexed services rendered for such services shall be at the rate charged for properties outside the city limits. 6.) The application for annexation is irrevocable. 7.) In the event the Fort Walton Beach City Council disposes of consideration of the annexation ordinance without adoption, the parties are both discharged from further performance under this agreement, except that Applicants shall be entitled to receive water and sewer services by City. 8.) This Agreement may not be changed, altered, or amended without a written consent and approval of both parties. 9.) This Agreement shall be binding upon, and inure to the benefit of the heirs, successors and assigns of the parties hereto. 10.) The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this lease shall be construed as if drafted jointly by the parties and no presumption or burden E  or proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Dated this 12 t h day of Jul 2000. CITY OF FORT WALTON BEACH By: REID SILVERBOARD City Manager ATTEST: HELEN SPENC , City Clerk The form and content of the above Agreement is hereby approved for legal sufficiency. J. JEROME MILLER, City Attorney 04M 11 101 414 AtMWE' IWO ': — All Printed J.jL % WILLIE LEE BYRD Im A UandQn T 00001 EXHIBIT " A" 00002 00003 ORDINANCE 1409 DRAfl 00004 00005 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 00006 FLORIDA, RELATING TO ANNEXATION OF LOTS 24 AND 00007 25, BLOCK 2, PINEVIEW SUBDIVISION ( 231- 233 BAY 00008 STREET NW); PROVIDING FOR AUTHORITY; PROVIDING 00009 FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY 00010 ANNEXED; PROVIDING FOR EFFECT OF ANNEXATION; 00011 PROVIDING FOR MUNICIPAL BOUNDARY; AND PROVIDING 00012 FOR AN EFFECTIVE DATE. 00013 00014 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA 00015 AS FOLLOWS; 00016 00017 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 00018 2 of the City Charter; Section 166. 021( 1), Florida Statutes; and Chapter 171 00019 of the Florida Statutes. 00020 00021 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton 00022 Beach finds the following: 00023 00024 A. That an application for voluntary annexation was received by the 00025 Department of Community Development Services on April 18, 2000, from Willie 00026 Lee and Willie James Byrd, owners of the subject property; and 00027 00028 B. That the applicants have provided sufficient evidence of ownership of said 00029 property to be annexed; and 00030 00031 C. That said property to be annexed is contiguous to the municipal boundaries 00032 of the City of Fort Walton Beach; is an area that is reasonably compact; and 00033 is unincorporated territory, and 00034 00035 D. That notice of annexation was duly published once a week for two 00036 consecutive weeks, such dates being July 18, 2000, and July 25, 2000, in the 00037 Northwest Florida Daily News, a newspaper published within the City of Fort 00038 Walton Beach. 00039 00040 E. Upon adoption, this ordinance shall be filed with the Clerk of Court of 00041 Okaloosa County and with the Department of State. 00042 00043 SECTION 3. PROPERTY ANNEXED. The following described property is hereby 00044 annexed to the City of Fort Walton Beach. 00045 00046 Lots 24 and 25, Block 2, Pineview Subdivision, according to the plat thereof, 00047 as recorded in Plat Book 2 , Page 106, of the Public Records of Okaloosa 00048 County, Florida. 00049 00050 SECTION 4. EFFECT OF ANNEXATION 00051 00052 A. The area annexed shall be subject to all laws, ordinances and regulations 00053 in force in the City of Fort Walton Beach and shall be entitled to the same 00054 privileges and benefits as other parts of the City of Fort Walton Beach upon 00055 the effective date of the annexation. 00056 00057 B. The area annexed is subject to the Okaloosa County Comprehensive Plan and 00058 zoning regulations. Said regulations shall remain in full force and effect 00059 until the area is assigned a Comprehensive Plan Future land Use designation 00060 and is rezoned by the City of Fort Walton Beach to comply with its 00061 Comprehensive Plan. 00062 The municipal boundary lines of the City of 00063 SECTION 5. MJN_ICIPEL. BO(JNDARY. 00064 Fort Walton Beach shall hereby be effective to include the annexed property 00065 described herein before. 00066 00067 SECTION 6. EFFECTIVE DATE. This ordinance shall take effect immediately upon 00068 approval by the City Council an signature of the Mayor. 00069 00070 ADOPTED: 00071 00072 MAYOR: 00073 Glenda Glover 00074 00075 00076 ATTEST: 00077 00078 00079 00080 Helen Spencer, City Clerk 00081 00082 The form and legal 00083 sufficiency of the foregoing 00084 has been reviewed and approved 00085 by the City Attorney. 00086 00087 00088 00089 J. Jerome Miller, City Attorney