Fort Walton Beach Ordinance — 2077--630 Lovejoy--Easement — reading text

FILE #3493008 RCD: 9/ 30/ 20219: 13 AM, BK: 3577 PG: 1362, RECORDING: 515. 00 RECORDING ARTICLE V: 512. 00 DEPUTY CLERK ASECRIST JD PEACOCK 11 CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA 2077gra ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF AN EASEMENT LOCATED AT 630! LOVEJOY ROAD NW AND AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN THE ATTACHED EXHIBIT IDENTIFIED WITH CROSS -HATCHING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Fort Walton Beach received an application from the property owner of 630 Lovejoy Road NW, Fort Walton Beach, Florida (" Subject Property") requesting the City vacate portions of an existing utility easement located on the Subject Property; and WHEREAS, pursuant to Section 9. 09.03 of the Fort Walton Beach Land Development Code (" LDC") there must be a finding by the City Council that the area proposed for vacation no longer serves a public purpose and that the area to be vacated is no longer required to provide access to or maintenance of public facilities; and WHEREAS, the area proposed to be vacated is an utility easement that the City has identified as no longer serving a public purpose and not currently providing access or maintenance to any public facilities; and WHEREAS, the City Council finds that the application for vacation of right-of-way does meet the requirements of Section 9. 09. 03 of the LDC. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, THE FOLLOWING: Section 1. Authority & Intent A. The authority for enactment of this ordinance is contained in Chapter 1, 66.021 and other provisions of the Florida Statutes and Section 2 of the City Charter. B. The City Council conducted public hearings on August 24, 2021 and September 14, 2021, after giving due public notice. Section 2—Findings, of Fact The City Council hereby finds the following: A. The area proposed for vacation no longer serves a public purpose and is not required to provide for access to or maintenance of any public facilities; and B. The proposed vacation is consistent with the Comprehensive Plan, Section 3. Vacation, Abandonment, Discontinuance, Closure The City' s interest in the easement as indicated in Exhibit A is hereby vacated, BK: 3577 PG: 1363 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 This Ordinance shall take effect immediately upon adoption on second reading by City Council and signature of the Mayor. Adopted-, Aich d A.'!P,yne Attest, Kinn. l'v. ernes, City Cle BK: 3577 PG: 1364 Douglas . epi,. Vanden Heuvel I& Associates, Inc. nL Professional Surveying & Mapping L. B. No. 7299 11 Racedrock Rood NE., Suite D- 3, Ford Walton Beach, Florida 32547 Voice: ( 850) 315- 5009 TYPE OF SURVEY: BOUNDARY DRAWN BY. SNV LEGAL DESCRIPTION: ( AS FURNISHED) CHECKED BY: DAV PARCEL A: SCALE: l'- 50' BEGINNING AT THE SW CORNER OF SECTION 9, TOWNSHIP2 SOUTH. RANGE 24 WEST, TALLAHASSEE S 87' 24' 00' E LOVEJOY ROAD PROPERTY CORNER FALLS ATOP WATER METER MERIDIAN, THENCE NORTHERLY ALONG THE WESTERN 2503. 34° - FOUND 1/ 2" IRON ROD,. LINE OF SECTION B TO THE SOUTHERN R/ W LINE OF P, O. B. PARCEL A L. B. 7299 3..00' S. LOVEJOY ROAD, THENCE. 87 DEGREES 24 MINUTES FOUND 1/ 2" IRON EAST 2503.34 FEET ALONG SAID R/ W LINE TO THE ROD, NO 10. POINT OF BEGINNING, THENCE CONTINUE SOUTH' 87 E DEGREES 24 MINUTES EAST 208. 46 FEET ALONG SAID RIGHT—OF— WAY LINE; THENCE SOUTH C2 DEGREES 36 S 8774' 00- EE MINUTES WEST 208. 46 FEET; THENCE.. NORTH 87 SIS DIP BEARINr:c1 DEGREES 24 MINUTES WEST 208. 46 FEET; THENCE NORTH 02 DEGREES 36 MINUTES ( EAST 206. 46 FEET TO THE POINT OF BEGINNING, C -- WEST UNE OF AND: SECTION 9 PARCEL B. BEGINNING AT THE SW' CORNER OF SEC11ON 9, p ryl TOWNSHIP 2 SOUTH, RANGE 24 WEST, TALLAHASSEE MERIDIAN, THENCE NORTHERLY ALONG THE WESTERN LINE Or SECTION' 9 TO THE SOUTHERN R/ W LONE OF LOVEJOY ROAD; THENCE SOUTH 87 DEGREES 24 MINUTES EAST 2503. 34 FEET ALONG SAID R/ W LINE',. toty vih _ THENCE SOUTH 02 REGRESS 36 MINUTES WEST 209.46 PEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 24 MINUTES EAST 20846 FEET: zz ,. t LJW ## r 1 STORY METAL THENCE SOUTH 02 DEGREES 36 MINUTES WEST PARCEL A 209. 46 FEET; THENCE NORTH 87 DEGREES 24 rt' BUILDING UNPLATTED MINUTES WEST 208, 46 FEET; THENCE NORTH 02 ASPHALT STGRAGE DEGREES 36 MINUTES EAST 209. 46 iFEET TO THE SHED POINT OF BEGINNING. o aII Z Z V1 V) GENERAL SURVEY REPORT: SURVEY REQUESTED BY: GREG TEMAN 1 STORY .' Y## SW. CORNER OF