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Agenda Item 7IAGENDA ITEM # 71 JULY 8, 2013 ORDINANCE NO. 65 -13 -38 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain improvements are being made to Rose Park, which is located in the City of Atlantic Beach, and portions of Rose Park are located on both sides of Orchid Street, and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents and in the interest of the general public welfare to close that portion of Orchid Street as shown on Exhibit "A" attached hereto, and WHEREAS, that portion of Orchid Street to be closed should be incorporated in and become a part of Rose Park, and WHEREAS, the closing of this portion of Orchid Street does not invade or violate any individual property rights and does not interfere with access to anyone's property, and WHEREAS, the City is not vacating or abandoning any portion of the Orchid Street right of way, but only closing that portion of Orchid Street shown on Exhibit "A" attached hereto so that it can be incorporated into Rose Park, and WHEREAS, the City has the authority to close a portion of Orchid Street under the municipal home rule powers granted to it by Chapter 166, Florida Statutes, and pursuant to Sections 4 and 9 of the Atlantic Beach Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: That a portion of Orchid Street, as shown on Exhibit "A" attached hereto, be permanently closed to through traffic. The portion of Orchid Street being closed is more particularly described as follows: "That portion of Orchid Street north of West Plaza Drive contained within the following: From the point of beginning at the southwest corner of Lot 6, Block 59, Section H, Plat Book 18, page 34, proceeding north along the eastern right of way line of Orchid Street to the northwest corner of Lot 6, Block 59; thence southwest to the southeast corner of Lot 6, Block 235; thence south along the western right of way line of Orchid Street to the edge of pavement of West Plaza Drive; thence along the West Plaza Drive edge of pavement to the eastern right of way line of Orchid Street as extended to the West Plaza Drive edge of pavement; thence along the eastern right of way line of Orchid Street to the point of beginning" AGENDA ITEM # 7I JULY 8, 2013 SECTION 2: The closed portion of Orchid Street described in Section 1 above shall be incorporated in and become a part of Rose Park. SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. 2013. PASSED by the City Commission on first reading this day of PASSED by the City Commission on second and final reading this day of 52013. ATTEST: DONNA L. BARTLE City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney LOUIS BORNO, JR. Mayor, Presiding Officer