Okaloosa County BOCC — October 16, 2012 — reading text

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 Packet Pg. 6  6.1.a Packet Pg. 7 Attachment: Jennings Request (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.a Packet Pg. 8 Attachment: Jennings Request (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.b Attachment: 15th Street Jennings property Niceville - Map (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) Phillip and Deborah Jennings Property 1734 Pine Street, Niceville, Florida Open ditch in unimproved R/W 25’ x 150’ Jennings vacation request Previously vacated 15th St R/W Resolutions 95-53 & 96-81. Packet Pg. 9  6.1.c Packet Pg. 10 Attachment: View 1 (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.d Packet Pg. 11 Attachment: View 2 (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.e Packet Pg. 12 Attachment: View 3 (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.f Attachment: 15th St Jennings vacation 10 30 2012 A (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) 25 feet Shot taken facing west from Pine Ave. to reveal the relationship between N ½ of 15th St. R/W and Jennings residence. Packet Pg. 13  right-of-way North line of 15th St. Ave. Niceville, Fl. Residence 1734 Pine Mr. and Ms. Jenning’s 6.1.g Packet Pg. 14 Attachment: 15th St Jennings vacation 10 30 2012 B (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.h Attachment: 15th St Jennings vacation 10 30 2012 C (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) 25 feet of the N ½ of 15th St Right-of-way. Shot taken facing east from SW corner of Jennings property. AKA SW corner of Lot 10, Block 66 Valparaiso Pine Crest Realty Subd. Packet Pg. 15  6.1.i Attachment: 15th St Jennings vacation 10 30 2012 D (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) Shot taken facing east from South ½ of 15th St right-of- the centerline of unimproved way previously vacated by 15th St. right-of-way. Resolution 95-53. Packet Pg. 16  6.1.j Attachment: 15th St Jennings vacation 10 30 2012 E (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) North ½ of 15th St. right-of-way Open ditch is located in S ½ of 15th St right-of-way Shot taken facing west from the centerline of unimproved 15th St right-of-way. Packet Pg. 17  6.1.k RESOLUTION NO. 12 - ________ WHEREAS, Phillip C. and Deborah R. Jennings, petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of unimproved 15th Street right-of-way located in Niceville, Florida more particularly described as follows: Attachment: 15th St Jennings vacation Niceville (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) The North one half of unimproved 15th Street platted right-of-way, measuring 25 foot x 150 foot and lying west of the Pine Avenue and south of and adjacent to 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. and WHEREAS, the Board has considered the same and heard the proposal in detail. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, as follows: 1. THAT the property herein described is hereby vacated and combined with contiguous property and shall not be further subdivided. 2. THAT 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 stormwater/drainage purposes. No structures other than stormwater/drainage improvements and fencing approved by the Board of County Commissioners shall be permitted. Removal of existing fences for utility construction is permitted and will be the sole responsibility of the landowner to reinstall after completion of utility installation. 3. THAT the vacated property shall not be used to increase density or intensity of the adjoining parcel. 4. THAT no structure shall be built on the vacated property except fences, sprinkler systems or other amenities as approved by the Board of County Commissioners. DULY PASSED AND ADOPTED in the regular session this 20th day of November, 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Don R. Amunds, Chairman ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk Packet Pg. 18  6.1.l RESOLUTION NO. 12 - ________ WHEREAS, Phillip C. and Deborah R. Jennings, petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of unimproved 15th Street Attachment: 15th St Jennings vacation Niceville 1A (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) right-of-way located in Niceville, Florida more particularly described as follows: The North 20 feet of the unimproved 15th Street platted right-of-way, measuring 20 foot x 150 foot and lying west of the Pine Avenue and south of and adjacent to 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. and WHEREAS, the Board has considered the same and heard the proposal in detail. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, as follows: 1. THAT the property herein described is hereby vacated and combined with contiguous property and shall not be further subdivided. 2. THAT 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 stormwater/drainage purposes. No structures other than stormwater/drainage improvements and fencing approved by the Board of County Commissioners shall be permitted. Removal of existing fences for utility construction is permitted and will be the sole responsibility of the landowner to reinstall after completion of utility installation. 3. THAT the vacated property shall not be used to increase density or intensity of the adjoining parcel. 4. THAT no structure shall be built on the vacated property except fences, sprinkler systems or other amenities as approved by the Board of County Commissioners. DULY PASSED AND ADOPTED