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Okaloosa County BOCC — November 17, 2015 — Resolution to vacate Marler Dr — reading text
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RESOLUTION NO. 15 - ________
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS VACATING A PORTION OF MARLER
DRIVE; ACCEPTING A DONATION OF FUNDS FOR THE
OFFSETTING OF COSTS FOR ACCESS WAY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Mr. Chad Smith, P.E., acting on behalf of his client, Mr. Shaul Zislin of
FWGV, LLC, has petitioned the Board of County Commissioners of Okaloosa County,
Florida, to vacate a portion of Marler Drive, located on Santa Rosa Island, Fort Walton Beach,
Florida.; and
WHEREAS, the Petitioner has also sought to make a donation to the County to
offset the cost of beach access ways on Okaloosa Island and provide landscaping on
Santa Rosa Boulevard; and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Okaloosa County, Florida, that the petition of the above named party to vacate property
hereby described is hereby granted without stipulations.
1. The portion of Marler Drive, which was the subject matter of the Petition and
as more particular described below, is hereby vacated:
DESCRIPTION: (AS WRITTEN)
PROPOSED RIGHT OF WAY ABANDONMENT OF MARLER DRIVE.
A PORTION OF MARLER DRIVE, LYING WITHIN SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24
WEST,
OKALOOSA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 38, BLOCK 12, PLAT OF SANTA ROSA
ISLAND, AS RECORDED IN PLAT BOOK 2, PAGE 84E OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF
MARLER DRIVE (25' R/W), AND BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 253.63 FEET, THROUGH A CENTRAL ANGLE OF 300 03‘52”; THENCE
PROCEED NORTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE AND CURVE FOR
AN ARC DISTANCE OF 133.09 FEET, (CHORD BEARING AND DISTANCE = NORTH 650 45’00” EAST,
FOR A DISTANCE OF 131.56 FEET); THENCE NORTH 78 0 42’19” EAST, ALONG SAID RIGHT OF WAY
LINE, FOR A DISTANCE OF 150.36 FEET TO THE POINT OF BEGINNING; SAID POINT BEING A
POINT ON A CURVE CONCAVE NORTHWEST, HAVING A RADIUS OF 75.00 FEET, THROUGH A
CENTRAL ANGLE OF 700 26’25”; THENCE PROCEED NORTHEASTERLY ALONG SAID RIGHT OF
WAY LINE AND CURVE FOR AN ARC DISTANCE OF 92.21 FEET, (CHORD BEARING AND
DISTANCE = NORTH 430 27’12” EAST, FOR A DISTANCE OF 86.51 FEET); THENCE NORTH 08 0 09’43”
EAST, ON SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 130.81 FEET TO A POINT ON A CURVE
CONCAVE SOUTHWEST, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF
1090 43’18”; THENCE PROCEED NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND
CURVE FOR AN ARC DISTANCE OF 95.75 FEET, (CHORD BEARING AND DISTANCE = NORTH 460
32’53” WEST, FOR A DISTANCE OF 81.78 FEET); THENCE SOUTH 780 39’13” WEST, ON SAID RIGHT
OF WAY LINE, FOR A DISTANCE OF 449.89 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE,
PROCEED NORTH 090 45’08” WEST, FOR A DISTANCE OF 24.48 FEET TO A POINT ON THE NORTH
RIGHT OF WAY LINE OF AFORESAID MARLER DRIVE; THENCE NORTH 78 0 35’00” EAST, ON SAID
RIGHT OF WAY LINE, FOR A DISTANCE OF 449.54 FEET TO A POINT ON A CURVE CONCAVE
SOUTHWEST, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 1090 28’41”;
THENCE PROCEED SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE FOR AN
ARC DISTANCE OF 143.31 FEET, (CHORD BEARING AND DISTANCE = SOUTH 460 22’07” EAST, FOR
A DISTANCE OF 122.48 FEET); THENCE SOUTH 08 0 10’10” WEST, ON SAID RIGHT OF WAY LINE,
FOR A DISTANCE OF 130.60 FEET TO A POINT ON A CURVE CONCAVE NORTHWEST, HAVING A
RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 70 0 30’15”; THENCE PROCEED
SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF
123.05 FEET, (CHORD BEARING AND DISTANCE = SOUTH 43 0 24’32” WEST, FOR A DISTANCE OF
115.44 FEET); THENCE LEAVING SAID RIGHT OF WAY LINE, PROCEED NORTH 11 0 13’31” WEST,
FOR A DISTANCE OF 24.99 FEET TO THE POINT OF BEGINNING. CONTAINING 0.461, ACRES MORE
OR LESS.
2. Build a boardwalk in perpetuity within a 10 foot wide Public Access
Easement and privately maintained lying along the northerly property limits
and the south edge of Choctawhatchee Bay with connection to Marler Park.
3. The Board hereby accepts the donation of $110,000 from the Petitioner for
use of on beach access ways and landscaping of Santa Rosa Boulevard.
4. This Resolution shall take effect upon adoption.
DULY PASSED AND ADOPTED in the regular session this 17th day of
November, 2015.
BOARD OF COUNTY COMMISSIONERS
OKALOOSA COUNTY, FLORIDA
____________________________________
Nathan D. Boyles
Chairman
ATTEST:
J D PEACOCK II
CERK OF CIRCUIT COURT
By:__________________________________
Deputy Clerk