Okaloosa County BOCC — June 17, 2014 — Resolution to vacate a portion of 7th Ave and 5th St Blk 70 Port Dixie — reading text

RESOLUTION NO. 14 - ________ WHEREAS, Mr. Raymond and Felicia Donovan and Mr. Steven and Cindra Cowen petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of 7th Avenue and a portion of 5th Street adjacent to Block 70, in the Townsite of Port Dixie located in Shalimar, Florida, more particularly described as follows: The North 20 feet of 7th Avenue lying south of and adjacent to the South ½ of Lots 1 through 6, Block 70, Townsite of Port Dixie, also the East 20 feet of 5th Street lying west of and adjacent to the South ½ of Lot 1, Block 70, including that portion of right-of-way described as beginning at the Southwest corner of Lot 1, Block 70, thence proceed south 20 feet, thence west 20 feet, thence north 20 feet, thence east 20 feet back to the beginning all in the Townsite of Port Dixie according to the plat thereof as recorded in Plat Book 1, Pages 64, 65, and 66 of the 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, that the petition of the above named party to vacate property hereby described is hereby granted 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 new structures shall be constructed within the vacation area/retained easement. The only structures that shall be permitted to be located in the vacated right-of-way besides the existing aluminum portable shed shall be storm water/drainage improvements and fencing approved by the Board of County Commissioners. In the event that the county requires use of the easement for utility construction the existing aluminum portable shed and fences shall be removed at the owner's expense. It will be the sole responsibility of the landowner to reinstall the structure and fence after completion of utility installation. 3. THAT the vacated property shall not be used to increase density or intensity of the adjoining parcel. DULY PASSED AND ADOPTED in the regular session this 17th day of June, 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Charles K. Windes, Jr. Chairman ATTEST: DON W. HOWARD CERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk