Okaloosa County BOCC — May 20, 2014 — Resolution to exchage property and vacate right-of-way — reading text

RESOLUTION NO. 14- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF PROPERTY BETWEEN THE COUNTY AND PROPERTY OWNERS TIMOTHY W. AND SHARON L. SMITH; VACATING AND ABANDONING A PORTION OF THE COUNTY RIGHT- OF-WAY AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT A FOR PURPOSES OF THE EXCHANGE OF PROPERTIES; PROVIDING FOR NOTICE OF THE ADOPTION OF THIS RESOLUTION; PROVIDING FOR RECORDING; APPROVING THE EXECUTION OF THE ATTACHED AGREEMENT WITH THE PROPERTY OWNERS REGARDING EXCHANGE OF PROPERTIES; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Timothy W. and Sharon L. Smith (hereinafter “Property Owners”) own Lots 6 and 7, Block 10, and a portion of Lot 9, Block 10 of the Bayview Subdivision, Book 1 Page 26, Official Records of Okaloosa County, which front on opposite sides of the alleyway through Block 10 of Bayview Subdivision, a right-of-way dedicated to Okaloosa County (hereinafter “the County”); and WHEREAS, the County has paved its dedicated right-of-way through Block 10 of Bayview Subdivision, adjacent to the above described lots and a portion of this pavement encroaches on a portion of Lot 9, Block 10 of Bayview Subdivision, owned by Property Owners; and WHEREAS, Property Owners, through their agent John S. Mead of the Mead Law Firm, petitioned the Board of County Commissioners of Okaloosa County, Florida, to deed a portion of Lot 9, Block 10, of Bayview Subdivision as more particularly described in Attachment A as “Parcel B” (hereinafter “Parcel B”), incorporated herein by reference, to the County in exchange for a portion of the County’s right-of-way adjacent to Lots 6 and 7, Block 10, Bayview Subdivision more particularly described in Attachment A as “Parcel A” (hereinafter “Parcel A”), incorporated herein by reference, and such properties are equal in square footage, more or less, and are depicted on a survey, attached hereto as Attachment B; and WHEREAS, “Parcel A” lies within the County’s dedicated right-of-way and must be vacated and abandoned by the County in order to effectuate the exchange of property; and WHEREAS, the County has held a public hearing on , 2014, which was duly and properly noticed pursuant to the provisions of sections 125.37 and 336.10, Florida Statutes; and WHEREAS, the County has considered the same and heard the proposal in detail at a public hearing and has determined it is in the best interest of the County to authorize the exchange of properties and the abandonment and vacation of the portion of the County’s Right- of-Way described as “Parcel A”, as set forth herein; and WHEREAS, the County and the Property Owners have agreed to enter into the “Agreement and Release,” the form of which is set forth as Attachment C. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, AS FOLLOWS: 1. The foregoing recitals are found by the County to be true and correct, and are incorporated herein. 2. The County authorizes the exchange of its “Parcel A” for the Property Owners’ “Parcel B”, as more fully set forth above. : 3. The County hereby vacates and abandons a portion of its Right-of-Way identified above as “Parcel A.” A. Notice of the adoption of this resolution shall be published one time within 30 days of the date of this resolution, in one issue of a newspaper of general circulation published within the County. 5. The proof of publication of notice of the public hearing held on , 2014, this resolution as adopted, and the proof of publication of the notice of the adoption of the resolution, shall be recorded in the Official Records of the County. 6. The County shall execute this same date the “Agreement and Release” attached hereto as Attachment C. This resolution will become effective on the date of the execution of Attachment C by both the County and the Property Owners. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] DULY PASSED AND ADOPTED in the regular session this 17th day of June, 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr. Chairman ATTEST: DON W. HOWARD CERK OF CIRCUIT COURT By: Deputy Clerk APPROVED AS TO FORM: County Attorney