Okaloosa County BOCC — August 18, 2015 — Petitioner's letter of request

WATREE CONSTRUCTION and Land Developing, LLC 935 Ashley Drive Fort Walton Beach, FL 32547 (850)314-0828 watreeconstruction@yahoo.com July 17,2015 RE: 873 5™ St and 881 5™ St, Shalimar To: Commissioner Carolyn Ketchel; Okaloosa County Board of County Commissioners Commissioner Ketchel, It has recently been brought to our attention that two of the homes we have under construction in Shalimar are encroaching upon a portion of vacated right-of-way and a portion of a vacated alleyway in violation of the imposed stipulations of the resolution in which the vacations were executed, being Resolution 06-128 for the right-of-way and 6G-170 (amended by Res. 04-141 to include the stipulation against building structures) for the alleyway. The erroneous placement of the dwellings occurred when the surveyor, Coastal Land Surveying, placed the proposed dwelling at a center location between the property boundaries on a “plot plan” prepared for submission to the Okaloosa County Building Permit Department. The surveyor had not made himself knowledgeable of the imposed stipulations set forth by the resolutions. The “plot plans” were submitted to the Okaloosa County Building Department to obtain building permits on April 9, 2015. They depicted the proposed locations of the dwellings, showing address 873 encroaching into the vacated ROW approximately 5.4 feet and address 881 encroaching into the vacated alleyway approximately 0.4°. The file was reviewed for compliance by Tim Durbin, Planner III of the Crestview Planning office, and approved for a building permit on the same day of submission. Construction commenced on the homes and foundations were poured on May 29, 2015. Foundation surveys were ordered and delivered to the Okaloosa County Department of Growth Management for review on June 16, 2015 where one of the permit technicians noticed that the dwelling at address 873 was sitting within the vacated ROW and brought it to the attention of Marissa Martinez. Due to the violation of the stipulation Marissa had to issue a Stop Work order for that address. After further research we realized that the home at address 881 also violated the resolution vacating the alleyway. We brought that to the attention of Marissa as well and stopped construction on both dwellings. [ %)W ATREE A/ /CONSTRUCTION \ ol We, Watree Construction and Land Developing, LLC, petition the Board to consider amending the resolutions to remove the stipulation disallowing construction of structures within the vacated portions and to remove the retained easements within the vacated portions. This was an error of oversight by multiple parties including our company, the surveying company, and Okaloosa County staff. We believe this to be the most simple and cost effective resolution for all parties involved. In researching the resolutions for the vacations we came across numerous amendments with varying stipulations. A list of the resolutions found pertaining to this property is below for reference. Attached to this letter are copies of the resolutions as well as copies of the original “plot plans” and foundation surveys submitted to Okaloosa County. Resolutions: 6G-170 04-141 05-144 06-128 13-146 13-178 Regards, Thomas L. Watkins Managing Member £ ( owhese Qn.‘“u meeks a”n.[-fvl[”g ?%Nv ATREE ¥/#JCONSTRUCTION