Okaloosa County BOCC — June 2, 2015 — Easements between Hickory St. & Earl St. — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 2, 2015 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Easements between Hickory St. & Earl St. DEPARTMENT: Water and Sewer BCC DISTRICT: 4 STATEMENT OF ISSUE: Staff requests the Board of County Commissioners approve easement transactions and authorize the Chairman to execute the Release of Easements between Okaloosa County Water & Sewer (OCWS) and property owners between Hickory Street and Earl Street, located in unincorporated Fort Walton Beach. BACKGROUND: In August 1983, Okaloosa County Board of County Commissioners obtained two easements between Hickory Street and Earl Street. The first easement (adjacent to Hickory St.) was a 30-foot wide utility easement from Anita Harold Wallace, as recorded in O.R Book 1211, Page 200. The second easement (closer to Earl St.) was a variable-width easement from James W. Middleton, as recorded in O.R. Book 1211, Page 202. The purpose of both easement was to provide a legal means of maintaining a water main and a gravity sewer main. This past March, one of the current property owners approached OCWS about a recent lot split on his property. Upon investigation of this area between Hickory Street and Earl Street, OCWS staff realized that the water and sewer mains do not coincide with the above-mentioned easements. Staff has since worked with these property owners and the County Attorney to produce easement drawings and correct the easement situation. As shown on the attached drawing, the two original easements from 1983 should be abandoned via a "Release of Easement" document, and two proposed corrective easements need to be executed and recorded. Essentially, the two corrective easements will replace the two original easements. The property owners have signed/acknowledged the Release of Easement documents and have also executed the corrective easements. The proposed easement transactions are at no cost to the County, with one exception. In order to obtain the corrective easement closest to Earl St., the property owner has requested that OCWS staff provide and install aggregate to the easement area on a one-time-only basis. Staff is agreeable to this and feels it is a reasonable action. In order to do this work on private property, the property owner has signed a Hold Harmless Agreement (see attached). The following documents have been coordinated with the County Attorney and are attached for BCC consideration: - Original Easement (adjacent to Hickory St.), O.R. Book 1211, Page 200 - Original Easement (closer to Earl St.), O.R. Book 1211, Page 202 - Release of Easement (adjacent to Hickory St.) - to be executed by the Chairman - Release of Easement (closer to Earl St.) - to be executed by the Chairman - Corrective Easement (adjacent to Hickory St.) from Jennifer Keeler - Corrective Easement (adjacent to Hickory St.) from Jerry Ritch & Sean Gaylord - Corrective Easement (closer to Earl St.) from Gene Siler - Hold Harmless (closer to Earl St.) from Gene Siler OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval of the corrective easement actions and for the Chairman to execute two Release of Easements with property owners between Hickory Street and Earl Street. Staff recommends that the BCC also authorize OCWS staff to provide and install aggregate to the Earl Street easement area on a one time basis. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator