Okaloosa County BOCC — January 20, 2015 — Letter from petitioner to amend Resolution 14-77

Stephen L. Kennedy stevekennedy2013@gmail.com 850-687-6546 ' Matthew Smith-Kennedy 900 Riggins Rd Apt 1014 Tallshassee, FL. 32308 850-582-9377 November 7, 2014 The Okaloosa County Board of Commissioners through The Honorable Kelly Windes County Commissioner District 5 302 N. Wilson St. - Suite 302 Crestview, FL 32536 RE;: Petition To Amend Resolution No, 14-77, Vacation of Portion of County Right-Of-Way, (Nutmeg Ave, near Niceville City Limits). Dear Mr. Windes, and the Okaloosa Board of County Commissioners We are requesting to amend Resolution No. 14-77 by amending stipulations pertaining to the use of the vacated right-of-way. The vacated right-of-way in Resolution No. 14-77 is described as: 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 to the West by the Bast ¥ 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 fo Valparaiso, Sheet Number 9, Subdivision Numbers 5 and 6, as recorded in Plat Book 1, Page 56. Items requesting amendment: 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 12 and on the West 10 feet of the Bast % of the portion of the vacated Nutmeg Avenus, as described in Resolution No. 14-77 for the purpose of locating and maintaining public utilities and for stormwater/drainage purposes. No structures other than stormwaler/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 fo reinstall afler completion of utility installation. - 4. THAT no structure shall be built on the full width of the West % aud on the West 10 feet of the East % of the portion of the vacated Nutmeg Avenue, 88 described in Resolution No, 14+77 except fences, sprinkler systems or other amenities as approved by the Board of County Commissioners. Tt is important to note, at present time there are two parcels, (eriginally 3 platied lots), contiguous to the cast half of the vacated right of way and typically it has been customery for the county planning department to allow a “Jot line relocations™ for similar parcels. A lot line relocation would allow an owner 1o relocate the lot line of a set of parcels, typically 90 degrees, thereby providing greater ufility for the parcels, especialy in this case where each of the parcels contain some wetlands to the east, which limits the utility of these properties. The future intentions in the use of these parcels is to request a lot Tine relocation and with the relocation granted, it would lessen the intensity upon the easement/vacation, thereby limiting any issues by containing it a-single continuous parcel, Presently the properties are under contract to séll to 8 Jocal builder, Randy Wise Homes, Inc., who ultimately plans on construction two-new single famnily homes both of which would front along 18™ Street gaining use-of cumrently-existing-water-andl.se wer utilities. Randy Wise Homes, Inc, has provided s Jetter from the water and sewer provider indicating it-can provide water and sewer sexvices to the pateels with & lot line relocation. Currently the buyer/builier does not deem the properties acceptable for the construction of two new single family homes8ue to lot orientation, the existence of the wetlands and the full width utility easement restriction on the properties. Thank you for your consideration, Stephen L. Kennedy and Matthew Smith Kennedy 7.2438) is the designated representative for Sincerely, /S Stepben L. Kennedy S L e /S Matthew Smith-Kennedy