Okaloosa County BOCC — December 16, 2014 — Resolution to amend 14-77 — reading text

RESOLUTION NO. 15 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING RESOLUTION NO. 14-77, MODIFYING THE TERMS OF STIPULATION NO. 2 WITHIN THAT RESOLUTION; REMOVING STIPULATIONS 1, 3, & 4 FROM THAT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Brian McAliley, agent for Randy Wise Homes and designated representative for Stephen L. Kennedy and Matthew Smith Kennedy petitioned the Board of County Commissioners to vacate a portion of the unopened Nutmeg Avenue right-of-way, more particularly described as follows: That portion of the unimproved right-of-way platted as Nutmeg Avenue, bounded on the East by Lots 24, 25 & 26, Block 25 and bounded on the West by the East % of Lots 1, 2, & 3, Block 24, also bounded on the North by the South right-of-way line of 18" Street and bounded on the South by the North right-of-way line of Hickory Street according to the plat of Pine Crest Addition to Valparaiso, Sheet Number 9, Subdivision Numbers 5 and 6, as recorded in Plat Book 1, Page 56. WHEREAS, the Board of County Commissioners approved the vacating of that right-of-way by the adoption of Resolution 14-77 on April 15, 2014; and WHEREAS, Brian McAliley, on behalf of Randy Wise Homes, has filed a petition requesting that the Board amend Resolution 14-77 to modify stipulation 2 and to eliminate stipulations 1, 3, and 4 from its terms; and WHEREAS, due and proper notice has been provided for this request and the Board has considered the same and heard the proposal in detail. NOW, THEREFORE, BE JT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, as follows: 1. That Stipulation 2 of Resolution 14-77 is hereby amended to read as follows in its entirety: 2, THAT the County reserves for itself, and any and all licensed utility companies, their successors and assigns a utility easement on the full width of the West 4 and on the West 10 feet of the East % of the portion of the vacated Nutmeg Avenue, as described in Resolution 14-77 for the purpose of locating and maintaining public utilities and for storm water/drainage purposes. No structure other than storm water/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. 2. That Stipulations 1, 3, and 4 of Resolution 14-77 are hereby removed as conditions for the vacating of the right-of-way. 3. This Resolution shall become effective upon adoption by the Board. DULY PASSED AND ADOPTED in the regular session this 20th day of January, 2015. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Nathan Boyles Chairman ATTEST: JD PEACOCK II CLERK OF CIRCUIT COURT By: Deputy Clerk