Okaloosa County BOCC — January 6, 2015 — Resolution 2015-Assignment of Easement

RESOLUTION 2015-____ A RESOLUTION AUTHORIZING THE ASSIGNMNET OF ALL RIGHTS IN CERTAIN PROPERTY TO THE CITY OF NICEVILLE; ESTABLISHING THE CONSISDERATION TO BE PROVIDED; DETERMINING THAT SUCH PROPERTY IS REQUIRED FOR SUCH USE AND IS NOT NEEDED FOR COUNTY PURPOSES; AUTHORIZING THE CHAIRMAN TO EXECUTE THE ASSIGNMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Okaloosa County (the “County”) holds an interest certain parcel of real property pursuant to Easement granted to it by EMCA Forrest Investors, Ltd. And recorded in the Official Records of Okaloosa County at Book 1616, Page 1608. That property which is subject to the easement right is more particularly described hereto as Exhibit “A” and made a part hereof (the “Easement”); and WHEREAS, the City of Niceville (the “City”) has made application to the County to assign its rights in the Easement to the City by a letter from its City Manager dated October 13, 2014; and, WHEREAS, the City believes that the assignment of the Easement to the City will assist it with the uniform application of applicable provisions of the City of Niceville’s Comprehensive Plan and Land Development Code in the future development of the Property; and WHEREAS, the Property is not needed for County purposes; and WHEREAS, it would be in the best interest of both the County and the City for the easement rights to the Property to be assigned to the City and that such assignment would serve the public interest. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY: 1. The recitals set forth above are approved and incorporated as essential terms and conditions of this Resolution. 2. This Resolution is adopted pursuant to the provisions of section 125.38, Florida Statutes and all of the requirements of that statute have been found and satisfied. 3. The Board determines that it is in the public good to assign the easement rights of the County in the Property to the City and to be used in a manner consistent with the above recitals. The Board also determines that the Property is not needed for County purposes. 1  4. The assignment of the easement shall be given by the County to the City for $10 in consideration, which both parties acknowledge is good and sufficient. 5. The Chairman is authorized to sign the Assignment the form of which is attached to this Resolution as Exhibit “B”. 6. This Resolution shall become effective upon adoption. DULY ADOPTED this _____ day of January, 2015. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Nathan D. Boyles, Chairman ATTEST: CLERK OF CIRCUIT COURT BY: _____________________________ J. D. Peacock 2