Okaloosa County BOCC — October 16, 2012 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation DEPARTMENT: Public Works BCC DISTRICT: Five STATEMENT OF ISSUE: Mr. And Ms. Jennings are petitioning the Board of County Commissioners to vacate that portion of unimproved 15th Street bound on the north by Lots 10, 11 and 12, Block 66, Valparaiso Realty Company’s Pine Crest Addition to Valparaiso, Sheet No. 3, Subdivision No. 6 according to the plat thereof as recorded in Plat Book 1, Page 50, Public Records of Okaloosa County, Florida. BACKGROUND: The Valparaiso Realty Company’s Pine Crest Addition to Valparaiso, Sheet No. 3, Subdivision No. 6 was platted and accepted by the Board of County Commissioners on February 9, 1926. The right-of-way vacation associated with this parcel is as follows: A. Vacation of right-of-way along unimproved 15th Street is the North one half of right- of-way lying adjacent to Lots 10, 11 and 12, Block 66, Valparaiso Realty Company’s Pine Crest Addition to Valparaiso, Sheet No. 3 Subdivision No. 6. The right-of-way area requested to be vacated measures 25 feet by 150 feet. Various portions of right-of-way have been vacated in the area of these lots in the past. Exhibits included show areas of right-of-way that have been vacated adjacent to the subject lots. During a site visit performed on September 10, 2012 it was noted that there are no existing privacy fences in the south half of previously vacated 15th Street by way of Resolution 95-53 and as amended by Resolution 96-81. The amendment simply corrected a scrivener’s error in the legal description on original resolution (95-53). In the request letter from the applicant that is attached hereto, it is stated that the request for the vacation is to allow the property owner (Jennings) to erect a privacy fence along the south side of their yard. A fence would prevent public access, but the proposed resolutions include specific language whereby the County would retain drainage and utility easements through the vacated right-of-way (if approved). Field observations found the existing drainage ditch is west of the proposed vacation, however should future improvements be required the easement would be in place to accommodate the County’s needs. On October 16, 2012 the Board of County Commissioners voted to table this public hearing so that staff could provide additional information and options related to the vacation request. Included with this request are additional photographs of the site and two sample vacation resolutions. The photographs are intended to more clearly depict proposed and existing boundary lines. One resolution provides for a complete vacation of the remaining 25’ of 15th Street while the other resolution provides for vacating only 20’of the remaining right-of-way. The second option would leave 5’ of right-of-way available for public use. Letters of opposition have been submitted to Public Works and are included with this agenda request for review and consideration. All letters submitted are from Mr. Wayne Watts and they are primarily focused on maintaining public access. OPTIONS: Approve/Disapprove the request to vacate right-of-way along a portion of 15th Street in the Niceville area as requested by Mr. And Ms. Phillip Jennings. RECOMMENDATIONS: Approve the request to vacate right-of-way along a portion of 15th Street in the Niceville area as requested by Mr. And Ms. Phillip Jennings. However, consideration to retain a limited width of right-of-way along 15th street is provided as an alternative. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator