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Item 7AAGENDA ITEM # 7A AUGUST 9, 2010 ORDINANCE N0.65-10-36 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF WALTER ROAD, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Roberts Mt. Pisgah A.M.E. Church (the "Church") has requested that the City abandon a portion of Walter Road, an unopened but platted 14 foot wide roadway, in order to accommodate plans to build a new church building, and WHEREAS, the Church has proposed to dedicate a 24 foot wide right of way through its property to provide access to the three (3) property owners who will be affected by the requested abandonment, and WHEREAS, it is in the best interests of the citizens of Atlantic Beach, and a valid public purpose, that a portion of Walter Road be closed, vacated and abandoned in exchange for the right of way to be dedicated to the City. Therefore, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The City does hereby close, vacate and abandon all right, title and interest to that portion of Walter Road as described in the attached map with legal description. SECTION 2. This Ordinance shall take effect upon its final passage and adoption and upon receipt from the Church of a deed conveying the new 24 foot wide right of way to the City. PASSED by the City Commission on first reading this 26th day of July, 2010. PASSED by the City Commission on second and final reading this day of 2010. ATTEST: DONNA L. BARTLE City Clerk MIKE BORNO Mayor /Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney