Okaloosa County BOCC — September 15, 2015 — Resolution to remove stipulations from 13-178

RESOLUTION NO. 15 - ________ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 6G-170, AS SUBSEQUENTLY AMENDED BY RESOLUTION 04-141, RESOLUTION 05-144, RESOLUTION 06-128, RESOLUTION 13-146, AND RESOLUTION 13-178; REMOVING STIPULATION NO. 2 UNDER RESOLUTION 13-178 TO ALLOW STRUCTURES TO BE CONSTRUCTED WITH THE AREA OF THE VACATED RIGHT OF WAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, by the adoption of Resolution 6G-170, had previously vacated certain right-of-way along or within Block 49 of the Townsite of Port Dixie Subdivision as recorded in Plat Book 1, Page 64-67, Public Records of Okaloosa County Florida; and WHEREAS, that Resolution had been amended on numerous occasions during the years to modify and correct provisions that had existed within that Resolution; and WHEREAS, the last amendment to that Resolution was in 2013 by the adoption of Resolution 13-178 which set forth two stipulations under which the vacating of right-of-way was conditioned upon; and WHEREAS, both of those stipulations prohibited the intrusion of any structures upon the vacated right-of-way except for stormwater/drainage improvements and fencing approved by the Board of County Commissioners as contained in stipulation number one and fences, sprinkler systems or other amenities as approved by the Board of County Commissioners contained in stipulation number two; and WHEREAS, Thomas Watkins, Watree Construction and Land Developing, LLC., has petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of the platted county right-of-way on 5th Avenue and a portion of the platted county right-of-way 5th Street, located in Shalimar, Florida; and WHEREAS, as a condition of the vacating of this area, the Petitioner has requested that restrictions on the locating of structures within the vacated area be eliminated; and WHEREAS, it appears that the vacation of the portions of 5th Avenue, 5th Street and alleyway through Block 49 are in the public interest. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, as follows: 1  1. The petition of the above named party to vacate property described below is hereby granted and that the prohibition on the locating of structures within the vacated right-of-way is eliminated. However, the County reserves for itself, and any and all licensed utility companies, their successors and assigns a utility easement for the purpose of locating and maintaining public utilities and for storm water/drainage purposes. Such reservation by the County shall include the entire area of the vacated right-of-way not otherwise encumbered by a building or structure. 2. Subject to the above conditions, the following described property shall be vacated as right-of-way of the County: the 20 foot wide portion of the platted county right-of-way 5th Avenue lying adjacent to Lots 1 through 5 and a 20 foot wide portion of the platted county right-of-way 5th Street lying adjacent to Lot 1 and also the 20 foot wide east-west alleyway lying adjacent to lots 1 through 5 and also that portion beginning at the Southwest corner of Lot 1, Block 49 and proceed West 20 feet, thence South 20 feet, thence East 20 feet, thence North 20 feet to the point of beginning and also beginning at the Northwest corner of Lot 1, thence North 20 feet, thence West 20 feet, thence South 20 feet, thence East 20 feet to the p