Okaloosa County BOCC — June 17, 2014 — Resolution to Exchange/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; YVACATING 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 UTILITY EASEMENT; 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 EFYVECTIVE 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, Boolc 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 oes 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” (hereinafler “Parcel A”), incorporated herein by reference, and such properties are equal in square footage, more or less, and are depicted on a survey, allached 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 haye agreed fo enter into the *Apreement and Release,” the form of which is set forth as Attachment C, NOW, THEREFORE, BE IF RESOLYED 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 Properly 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,” subject to reservation of utility easement as specifically provided herein, 4, The County reserves for itself, and any and all licensed utility companies, their successors and assigns a full width utility casement in the entire portion of the right-of-way vacated hereby for the purpose of locating and maintaining public utilities and for storm walet/drainage purposes. No new structures shall be constructed within the vacation area/retained easement, The only structures that shall be permitted to be located ii the vacated right-of-way shall be storm water/drainage improvements and fencing approved by the Board of County Commissioners. In the event that the county requires use of the easement for utility construction the fences shall be removed at the owner's expense. It will be the sols responsibility - of the landowner to reinstall (he structure and fence after completion of utility installation. 5, 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. 6, 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. 7. 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 “Attachment A” PROPERTY TO BE VACATED AND ABANDONED BY OKALOOSA COUNTY: PARCEL “A” COMMENCING AT THE NORTHWEST CORNER OF LOT 6, BLOCK 10, BAY VIEW SUBDIVISION AS RECORDED IN PLAT BOOK |, AT PAGE 26 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO, 85 (EGLIN PARKWAY, R/W VARIES); THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY GO SOUTH 09°43'53” EAST ALONG WEST LINE OF SAID LOT 6, A DISTANCE OF 160,21 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6 AND THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY LINE OF A 20' WIDE ALLEY; THENCE DEPARTING SAID NORTHERLY LINE GO SOUTH 09°43'53" EAST, A DISTANCE OF 4.70 FEET; THENCE NORTH 78°18'41" EAST, A DISTANCE OF 122.09 FEET; THENCE NORTH 00°50'30" EAST, A DISTANCE OF 11.40 FEET TO A POINT ON SAID NORTHERLY LINE OF A 20' WIDE ALLEY; THENCE SOUTH 75°20'54 WEST ALONG SAID SOUTH LINE OF LOTS 6 & 7, A DISTANCE OF 123,72 FEE? TO THE POINT OF BEGINNING CONTAINING 970 SQ. FT. MORE OR LESS, IN EXCHANGE FOR THE FOLLOWING BEING DEEDED TO OKALOOSA COUNTY BY TIMOTHY W. AND SHARON L, SMITH: PARCEL “B” : — COMMENCING AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 10, BAYVIEW SUBDIVISION AS RECORDED IN PLAT BOOK 1, AT PAGE 26 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF BEACHVIEW DRIVE (R/W VARIES); THENCE GO NORTH 00°52'46" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 63.71 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00°52'46" EAST, A DISTANCE OF 11.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9, SAID POINT BEING ON THE SOUTHERLY LINE OF A 20' WIDE ALLEY; THENCE GO SOUTH 75°17'42" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 139.11 FEET, THENCE DEPARTING SAID SOUTHERLY LINE OF A 20' WIDE ALLEY GO SOUTH 00°52'46" WEST, A DISTANCE OF 3,50 FEET; THENCE NORTH 78°18'41" EAST, A DISTANCE OF 137.29 FEET TO THE POINT OF BEGINNING CONTAINING 971 SQ. FT, MORE OR LESS, A-l Attachment B Toxhihit A : \ a veo} Ny lI \ ME Hl ft ee il i \ aie fiat Fl i \ HH Hi i i | ee ame ee \ SE aagtaire “ay irate 4 “aging ee “a ; J mot searing errr gang tne a eT Ona oe or ce reek | Hits, EERE po arte ae fie toler: q Rue i a Gel astrett or recovers Ate TAR SS att 1 ! —o YY AT SHERI nd Ciooraw PHOBPRIIO, Ino, ot huss C th SARL ATUL. tepeed UP ME STD ty FASE TDCI TECAEA Net Ro SSE TER SUED ‘ I | reese lve NEON re CRIED SUAYETING LIVEAONECCHTAT. . B-1 “Attachment C” AGREEMENT AND RELEASE This Agreement and Release is made and entered into this day of , 2014, by and between the Board of County Commissioners of Okaloosa County, Florida, (hereinafter “the County”) and Timothy W. Smith and Sharon L. Smith (hereinafter “Property Owners”), owners of Lots 6 and 7, Block 10, and a portion of Lot 9, Block 10, all of Bayview Subdivision. WHEREAS, the Properly Owners, through their agent, have petitioned the County for the exchange of properties and for the vacation and abandonment of a portion of the County's dedicated right-ofway to remedy a pavement encroachment by the County onto Lot 9, Block 10, Bayview Subdivision; and WHEREAS, the County has approved and authorized by Resolution both the exchange of properties and the vacation and abandonment of a portion of its dedicated right-of-way in order to effectuate the exchange; NOW THEREFORE, in consideration of the foregoing premises, the conditions, and promises hercinatler set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the Parties agree to the following: l. Property to be Exchanged. The Parties agrec to the following exchange of property: PROPERTY TO BE VACATED AND ABANDONED BY OKALOOSA: COUNTY: PARCEL “A” COMMENCING AT THE NORTHWEST CORNER OF LOT 6, BLOCK 10, BAY VIEW SUBDIVISION AS RECORDED IN PLAT BOOK 1, AT PAGE 26 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO, 85 (EGLIN PARKWAY, R/W VARIES); THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY GO SOUTH 09°43'53" EAST ALONG WEST LINE OF SAID LOT 6, A DISTANCE OF 160.21 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6 AND THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY LINE OF A 20! WIDE ALLEY; THENCE DEPARTING SAID NORTHERLY LINE GO SOUTH 09°43'53" EAST, A DISTANCE OF 4,70 FEET; THENCE NORTH 78° 1841" BAST, A DISTANCE OF 122.09 FEET; THENCE NORTH 00°50'30" EAST, A DISTANCE OF 11.40 FEET TO A POINT ON SAID NORTHERLY LINE OF A 20' WIDE ALLEY; THENCE SOUTH 75°20'54 WEST ALONG SAID SOUTH LINE OF LOTS 6 & 7, A DISTANCE OF 123.72 FEET TO THE POINT OF BEGINNING CONTAINING 970 SQ, FT. MORE OR LESS, C-1 IN EXCHANGE FOR THE FOLLOWING BEING DEEDED TO OKALOOSA COUNTY BY TIMOTHY W. AND SHARON L. SMITH: PARCEL “B” COMMENCING AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 10, BAY VIEW SUBDIVISION AS RECORDED IN PLAT BOOK 1, AT PAGE 26 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF BEACHVIEW DRIVE (R/W VARIES); THENCE GO NORTH 00°52'46" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 63.71 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00°52'46" EAST, A DISTANCE OF 11.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9, SAID POINT BEING ON THE SOUTHERLY LINE OF A 20' WIDE ALLEY; THENCE GO SOUTH 75°17'42" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 139,11 FEET; THENCE DEPARTING SAID SOUTHERLY LINE OF A 20' WIDE ALLEY GO SOUTH 00°52'46" WEST, A DISTANCE OF 3,50 PEET; THENCE NORTH 78°18'4 1" EAST, A DISTANCE OF 137.29 FEET TO THE POINT OF BEGINNING CONTAINING 971 SQ. FT, MORE OR LESS. 2. Exceptions, Reservations, and Restrictions as to ‘Parcel A”, The County reserves for itself, and any and all licensed utility companies, their successors and assigns a full width utility easement in the entire portion of the right-of-way vacated hereby for the purpose of locating and maintaining public utilities and for storm water/drainage purposes. No new structures shall be constructed within the vacation area/retained easement. The only structures that shall be permitted to be located in the vacated right-of-way shall be storm water/drainage improvements and ‘fencing approved by the Board of County Conmnissioners. In the event that~ the county requires use of the easement for utility construction the fences shall be removed at the owner's expense, It will be the sole responsibility of the landowner to reinstall the structure and fence after completion of ulility installation. 3. Deed to the County from Properly Owners for “Parcel B’. Within 5 days from the date of this Agreement and Release, the Property Owners shall execute a Warranty Deed to the County for the property described above as “Parcel B”, in a manner which complies with all laws of the State of Florida for exccuting the same and