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Home My Public Portal AboutOrdinance 1842 - Lindley Road Rezoning Scanned**CORRECTED** ORDINANCE: 1842 Amended Only to Correct Scrivener's Error in Legal Description AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 172.45 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 2, TOWNSHIP 3 NORTH, RANGE 24 WEST, FROM THE OKALOOSA COUNTY AGRICULTURE ZONING DISTRICT TO THE SINGLE-FAMILY ESTATE DISTRICT (R-1E) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 — AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2 — PROPERTY REZONED. The following described 172.45 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 172.45 acres, more or less, being formerly zoned Okaloosa County Agriculture with the Residential (R) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1841, is hereby rezoned to Single -Family Estate District (R-1E) to wit: Parcel 02-3N-24-0000-0003-0000 A parcel of tract of land situated in Section 2 and Section 11, Township 3 North, Range 24 West, Okaloosa County, Florida, more particularly described as follows: Begin at the Southeast corner of Section 2, also the Northeast corner of Section 11, Township 3 North, Range 24 West, Okaloosa County, Florida; thence proceed South 00 degrees 11' 08" West, along the East line of said Section 11, a distance of 125 feet, more or less, to a point on the Northerly Water's edge of Mathison Creek; thence departing the East line of said Section 11, meander Southwesterly along the Northerly water's edge of said Mathison Creek, a distance of 5809 feet, more or less, to a point on the West line of the Northeast Quarter of the Northwest Quarter of said Section 11; thence departing the Northerly Water's edge of said Mathison Creek, proceed North 00 degrees 17' 51" East, along the West line of the Northeast Quarter of the Northwest Quarter of said Section 11, a distance of 1188 feet, more or less, to a point on the South line of said Section 2, Township 3 North, Range 24 West Okaloosa County, Florida; thence proceed South 89 degrees 57' 01" East along the South line of said Section 2, a distance of 1188.70 feet; thence departing the South line of said Section 2, proceed North 00 degrees 30' 38" East a distance of 588.17 feet; thence proceed North 89 degrees 42' 25" East a distance of 2180.38 feet; thence proceed South 00 degrees 30' 36" West a distance of 31.61 feet; thence proceed South 89 degrees 57' 51" East, a distance of 460.69 feet to a point on the East line of said Section 2; thence proceed South 00 degrees 30' 44" West along the East line of said Section 2 a distance of 569.71 feet to the Point of Beginning of the parcel herein described. Parcel 02-3N-24-0000-0003 -0010 Commencing at the Southeast corner of Section 2, Township 3 North, Range 24 West, Okaloosa County, Florida; thence North 0 degrees 30 minutes 50 seconds East along the East line of said Section 2 for 604.52 feet; thence South 89 degrees 43 minutes 6 seconds West for 791.13 feet to the Point of Beginning; thence continue South 89 degrees 43 minutes 6 seconds West for 1849.96 feet; thence North 0 degrees 32 minutes 39 seconds East for 301.47 feet; thence North 89 degrees 43 minutes 57 seconds East for 1849.89 feet; thence South 0 degrees 31 minutes 29 seconds West for 301.01 feet to the Point of Beginning. Parcel 02-3N-24-0000-0003-001 C Parcel "A" Commence at the Southeast corner of Section 2, Township 3 North, Range 24 West, Okaloosa County, Florida; thence proceed North 00 degrees 30 minutes 50 seconds East, a distance of 1316.10 feet to the Point of Beginning; thence continue North 00 degrees 30 minutes 50 seconds East, a distance of 480.54 feet; thence proceed North 89 degrees 57 minutes 56 seconds West, a distance of 253.16 feet; thence proceed South 00 degrees 02 minutes 04 seconds West, a distance of 73.44 feet; thence proceed North 89 degrees 57 minutes 56 seconds West, a distance of 207.32 feet; thence proceed South 00 degrees 33 minutes 19 seconds West, a distance of 338.99 feet; thence proceed South 89 degrees 55 minutes 14 seconds East, a distance of 260.40 feet; thence proceed South 00 degrees 02 minutes 04 seconds West, a distance of 66.11 feet; thence proceed South 89 degrees 27 minutes 03 seconds East, a distance of 199.15 feet back to the Point of Beginning of the parcel herein described. Parcel 02-3N-24-0000-0003-001 E Parcel A-1 Commencing at the Southeast corner of Section 2, Township 3 North, Range 24 West, Okaloosa County, Fl.; thence North 0 degrees 30 minutes 50 seconds East along the East line of said Section 2 for 1798.60 feet to the Point of Beginning; thence North 89 degrees 57 minutes 56 seconds West for 253.16 feet; thence South 0 degrees 2 minutes 4 seconds West for 73.44 feet; thence North 89 degrees 57 minutes 56 seconds West 207.32 feet to the East margin of a road right of way 66 feet wide; thence North 0 degrees 33 minutes 19 seconds East along said right of way for 605.77 feet; thence North 89 degrees 55 minutes 11 seconds East along the South margin of a right of way 66 feet wide for 459.34 feet to the East line of Section 2; thence South 0 degrees 30 minutes 50 seconds West 533.24 feet along said East line of Section 2 to the Point of Beginning. Parcel A-2 Commencing at the Southeast corner of Section 2, Township 3 North, Range 24 West, Okaloosa County, Fl.; thence North 0 degrees 30 minutes 50 seconds East along the East line of said Section 2 for 1798.60 feet; thence North 89 degrees 57 minutes 56 seconds West for 253.16 feet; thence South 0 degrees 2 minutes 4 seconds West for 73.44 feet; thence North 89 degrees 57 minutes 56 seconds West 273.32 feet to the West margin of a road right of way 66 feet wide and the Point of Beginning; thence North 0 degrees 33 minutes 19 seconds East along said right of way for 939.63 feet; thence North 89 degrees 56 minutes 17 seconds West for 265.50 feet; thence South 0 degrees 31 minutes 29 seconds West for 939.76 feet; thence South 89 degrees 57 minutes 56 seconds East for 265.00 feet to the Point of Beginning. Parcel 02-3N-24-0000-0004-0000 A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 1078, PAGE 187 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE RUN N89°37'09"E ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1,850.29 FEET; THENCE RUN SOO°05'39"W, A DISTANCE OF 932.12 FEET; THENCE RUN N89°52'40"W, A DISTANCE OF 132.07 FEET; THENCE RUN SOO°05'39"W, A DISTANCE OF 329.82 FEET; THENCE RUN N89°52'31"W, A DISTANCE OF 367.93 FEET; THENCE RUN S46°31'41"W, A DISTANCE OF 200.00 FEET; THENCE RUN S13°04'28"W, A DISTANCE OF 211.40 FEET; THENCE RUN S38°02'26"E, A DISTANCE OF 150.00 FEET; THENCE RUN N78°01'30"E, A DISTANCE OF 334.12 FEET; THENCE RUN N40°04'06"E, A DISTANCE OF 425.00 FEET; THENCE RUN S00°05'39"W, A DISTANCE OF 437.23 FEET; THENCE RUN S89°23'00"W, A DISTANCE OF 1,853.26 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE RUN N00°11'15"E, A DISTANCE OF 1,772.83 FEET TO THE POINT OF BEGINNING. SECTION 3 — MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance, which is attached hereto. 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 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 7 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. CERTIFICATION OF CORRECTED COPY: I HEREBY CERTIFY THE FOREGOING ORDINANCE WAS PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 28TH DAY OF FEBRUARY, 2022 AND THAT SUBSEQUENT THERETO A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE SUBJECT PARCEL WAS DISCOVERED, AND SUCH LEGAL DESCRIPTION HAS BEEN CORRECTED IN THIS CORRECTED ORDINANCE (AS AUTHORIZED BY ORDINANCE 1842) AND NO OTHER CHANGES TO ORDINANCE 1842 HAVE BEEN MADE HEREIN. DATE: l;—&)63 TIM BOLDUC CITY MANAGER Inst. #3535187 Bk: 3610 Pg: 3956 Page 1 of 6 Recorded: 3117/202212:34 PM RECORDING ARTICLE V: $24.00 RECORDING: $28.50 DEPUTY CLERK twaidner JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY, FLORIDA CLERK'S CERTIFICATE STATE OF FLORIDA ) COUNTY OF OKALOOSA ) ss. CITY OF CRESTVIEW ) I, Maryanne Schrader, City Clerk for said City of Crestview, duly appointed, qualified, and acting, and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete, and correct copy of Ordinance 1842 duly passed by the City Council of the City of Crestview at a Regular meeting of said City Council on the 14th day of March 2022, as the said matter appears on file and of record in this office. I do further certify that prior to the execution of this certificate by me, the said Ordinance has been spread at length upon the permanent records of said City, where it now appears and remains in the book of Ordinances of the City kept by myself, a book labeled Ordinances. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in the City of Crestview, Florida, this 16th day of March 2022. (SEAL) (YV' 0 S &"�� Maryann Sc rader, MMC, MA Clay Clerk �10 la2ESTVj�•,,� City of Crestview ��'OQ �pRATF �L Okaloosa County Florida • too • � v� ORDINANCE 1842 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 172.45 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 2, TOWNSHIP 3 NORTH, RANGE 24 WEST, FROM THE OKALOOSA COUNTY AGRICULTURE ZONING DISTRICT TO THE SINGLE-FAMILY ESTATE DISTRICT (R-1E) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1— AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2 — PROPERTY REZONED. The following described 172.45 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 172.45 acres, more or less, being formerly zoned Okaloosa County Agriculture with the Residential (R) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1841, is hereby rezoned to Single -Family Estate District (R-IE) to wit: Parcel 02-3N-24-0000-0003-0000 A parcel of tract of land situated in Section 2 and Section 11, Township 3 North, Range 24 West, Okaloosa County, Florida, more particularly described as follows: Begin at the Southeast corner of Section 2, also the Northeast corner of Section 11, Township 3 North, Range 24 West, Okaloosa County, Florida; thence proceed South 00 degrees I P 08" West, along the East line of said Section 11, a distance of 125 feet, more or less, to a point on the Northerly Water's edge of Mathison Creek; thence departing the East line of said Section 11, meander Southwesterly along the Northerly water's edge of said Mathison Creek, a distance of 5809 feet, more or less, to a point on the West line of the Northeast Quarter of the Northwest Quarter of said Section 11; thence departing the Northerly Water's edge of said Mathison Creek, proceed North 00 degrees 17' 51" East, along the West line of the Northeast Quarter of the Northwest Quarter of said Section 11, a distance of 1188 feet, more or less, to a point on the South line of said Section 2, Township 3 North, Range 24 West Okaloosa County, Florida; thence proceed South 89 degrees 5701" East along the South line of said Section 2, a distance of 1188.70 feet; thence departing the South line of said Section 2, proceed North 00 degrees 30' 38" East a distance of 588.17 feet; thence proceed North 89 degrees 42' 25" East a distance of 2180.38 feet; thence proceed South 00 degrees 30' 36" West a distance of 31.61 feet; thence proceed South 89 degrees 57' 5 1 " East, a distance of 460.69 feet to a point on the East line of said Section 2; thence proceed South 00 degrees 30' 44" West along the East line of said Section 2 a distance of 569.71 feet to the Point of Beginning of the parcel herein described. Parcel 02-3N-24-0000-0003-0010 Commencing at the Southeast corner of Section 2, Township 3 North, Range 24 West, Okaloosa County, Florida; thence North 0 degrees 30 minutes 50 seconds East along the East line of said Section 2 for 604.52 feet; thence South 89 degrees 43 minutes 6 seconds West for 791.13 feet to the Point of Beginning; thence continue South 89 degrees 43 minutes 6 seconds West for 1849.96 feet; thence North 0 degrees 32 minutes 39 seconds East for 301.47 feet; thence North 89 degrees 43 minutes 57 seconds East for 1849.89 feet; thence South 0 degrees 31 minutes 29 seconds West for 301.01 feet to the Point of Beginning. Parcel 02-3N-24-0000-0003-001 C Parcel "A" Commence at the Southeast corner of Section 2, Township 3 North, Range 24 West, Okaloosa County, Florida; thence proceed North 00 degrees 30 minutes 50 seconds East, a distance of 1316.10 feet to the Point of Beginning; thence continue North 00 degrees 30 minutes 50 seconds East, a distance of 480.54 feet; thence proceed North 89 degrees 57 minutes 56 seconds West, a distance of 253.16 feet; thence proceed South 00 degrees 02 minutes 04 seconds West, a distance of 73.44 feet; thence proceed North 89 degrees 57 minutes 56 seconds West, a distance of 207.32 feet; thence proceed South 00 degrees 33 minutes 19 seconds West, a distance of 338.99 feet; thence proceed South 89 degrees 55 minutes 14 seconds East, a distance of 260.40 feet; thence proceed South 00 degrees 02 minutes 04 seconds West, a distance of 66.11 feet; thence proceed South 89 degrees 27 minutes 03 seconds East, a distance of 199.15 feet back to the Point of Beginning of the parcel herein described. Parcel "B" Commence at the Southeast corner of Section 2, Township 3 North, Range 24 West, Okaloosa County, Florida; thence proceed North 00 degrees 30 minutes 50 seconds East, a distance of 1336.19 feet; thence proceed North 89 degrees 50 minutes 47 seconds West, a distance of 790.93 feet; thence proceed North 00 degrees 31 minutes 29 seconds East, a distance of 66.00 feet to the Point of Beginning; thence continue North 00 degrees 31 minutes 29 seconds East, a distance of 329.83 feet; thence proceed South 89 degrees 26 minutes 50 seconds East, a distance of 265.00 feet; thence proceed South 00 degrees 33 minutes 19 seconds West, a distance of 329.84 feet; thence proceed North 89 degrees 26 minutes 41 seconds West, a distance of 264.82 feet back to the Point of Beginning of the parcel herein described. Parcel 02-3N-24-0000-0003-001 E Parcel A-1 Commencing at the Southeast corner of Section 2, Township 3 North, Range 24 West, Okaloosa County, Fl.; thence North 0 degrees 30 minutes 50 seconds East along the East line of said Section 2 for 1798.60 feet to the Point of Beginning; thence North 89 degrees 57 minutes 56 seconds West for 253.16 feet; thence South 0 degrees 2 minutes 4 seconds West for 73.44 feet; thence North 89 degrees 57 minutes 56 seconds West 207.32 feet to The East margin of a road right of way 66 feet wide; thence North 0 degrees 33 minutes 19 seconds East along said right of way for 605.77 feet; thence North 89 degrees 55 minutes 11 seconds East along the South margin of a right of way 66 feet wide for 459.34 feet to the East line of Section 2; thence South 0 degrees 30 minutes 50 seconds West 533.24 feet along said East line of Section 2 to the Point of Beginning. Parcel A-2 Commencing at the Southeast corner of Section 2, Township 3 North, Range 24 West, Okaloosa County, Fl.; thence North 0 degrees 30 minutes 50 seconds East along the East line of said Section 2 for 1798.60 feet; thence North 89 degrees 57 minutes 56 seconds West for 253.16 feet; thence South 0 degrees 2 minutes 4 seconds West for 73.44 feet; thence North 89 degrees 57 minutes 56 seconds West 273.32 feet to the West margin of a road right of way 66 feet wide and the Point of Beginning; thence North 0 degrees 33 minutes 19 seconds East along said right of way for 939.63 feet; thence North 89 degrees 56 minutes 17 seconds West for 265.50 feet; thence South 0 degrees 31 minutes 29 seconds West for 939.76 feet; thence South 89 degrees 57 minutes 56 seconds East for 265.00 feet to the Point of Beginning. Parcel 02-3N-24-0000-0004-0000 A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 1078, PAGE 187 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE RUN N89037'09"E ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1,850.29 FEET; THENCE RUN S00°05'39"W, A DISTANCE OF 932.12 FEET; THENCE RUN N89152'40"W, A DISTANCE OF 132.07 FEET; THENCE RUN S00°05'39"W, A DISTANCE OF 329.82 FEET; THENCE RUN N89°52'31 "W, A DISTANCE OF 367.93 FEET; THENCE RUN S46°31'41 "W, A DISTANCE OF 200.00 FEET; THENCE RUN S13104'2$"W, A DISTANCE OF 211.40 FEET; THENCE RUN S38°02'26"E, A DISTANCE OF 150.00 FEET; THENCE RUN N78°01'30"E, A DISTANCE OF 334.12 FEET; THENCE RUN N40°04'06"E, A DISTANCE OF 425.00 FEET; THENCE RUN S00105'39"W, A DISTANCE OF 437.23 FEET; THENCE RUN S89°23'00"W, A DISTANCE OF 1,853.26 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE RUN N00011' 15"E, A DISTANCE OF 1,772.83 FEET TO THE POINT OF BEGINNING. SECTION 3 — MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance, which is attached hereto. 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 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 7 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 14th DAY OF MARCH 2O22. APPROVED BY ME THIS 14TH DAY OF MARCH 2O22. ATTEST: /W Marym nne chr er City Clerk . `OREsrV;� . •:i i r. 1 A i �! W y c g = Ti cm �. cm mi N E e tiQ v_ _ m cm-� d m o E E _ o P ffi ~ - vs c a C' 3 = n 9 stWo o g �o Q� aa e O z x Q�l A31ON11 RYON r �d N��i�H�91Y