Okaloosa County BOCC — July 6, 2016 — Resolution Amending Res 09-108 — reading text

RESOLUTION NO. 16 - ________ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 09-108; MODIFYING STIPULATION NO. 1 AND REMOVING STIPULATION NO. 2 UNDER RESOLUTION 09-108, TO ALLOW STRUCTURES TO BE CONSTRUCTED WITHIN THE AREA OF THE VACATED RIGHT-OF-WAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, by the adoption of Resolution 09-108, had previously vacated certain right-of-way within the Town of Holt, as recorded in Plat Book 1, Page 16, Public Records of Okaloosa County, Florida, more particularly described below; and WHEREAS, Resolution 09-108 as adopted set forth two stipulations under which the vacating of right-of-way was conditioned upon; and WHEREAS, both stipulations prohibited the intrusion of any structures upon the vacated right-of-way except for stormwater/drainage improvements and fencing approved by the Board of County Commissioners, as contained in Stipulation No. 1, and fences, sprinkler systems or other amenities as approved by the Board of County Commissioners, as contained in Stipulation No. 2; and WHEREAS, John “Jay” A. Fraiser, Jr., with McDonald, Fleming, acting as agent on behalf of Teramore Development, LLC (“Petitioner”) has petitioned the Board of County Commissioners to amend Resolution 09-108, to eliminate the restrictions on the locating of structures within the vacated area; and WHEREAS, due and proper notice which has been provided for this Petition and the Board having considered the same and heard the proposal in detail, it appears that amending Stipulation No. 1 in Resolution 09-108 and removing Stipulation No. 2 from Resolution 09-108, are in the public interest. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, as follows: 1. The Petition to amend Resolution 09-108 for the vacate property described below, is hereby granted and that the prohibition on the locating of structures within the vacated right-of- way is eliminated, except to the extent as contained within the amended Stipulation No. 1 set forth below. Petitioner, Teramore Development, LLC will facilitate the relocation of any and all existing utilities and drainage structures upon development of said parcel of property. (Intentionally Left Blank) 1  2. Stipulation No. 1 of Resolution 09-108, is hereby amended to read as follows in its entirety: 1. That the County reserves for itself, and any and all licensed utility companies, their successors and assigns a utility easement for the purpose of locating and maintaining public utilities and for storm water/drainage purposes. Such reservation by the County shall include the entire area of the vacated right-of-way not otherwise encumbered by a building or structure. 2. Stipulations No. 2 of Resolution 09-108 is hereby removed as a condition for the vacating of the right-of-way as further described below. 3. Subject to the above conditions, the following described property shall be vacated as a right- of-way of the County: 25.00 foot wide alley bounded on the east by Johnson Street on the west by Highway 189 (Log Lake Road), also lying south of Lots 133, 134, and 135, lying north of Lots 136, 137, and 138, Re-Plat of Holt, Florida, according to the plat thereof as recorded in Plat Book 1, Page 16 of the official Records of Okaloosa County, Florida 4. This Resolution shall take effect upon adoption. DULY PASSED AND ADOPTED in the regular session this 6th day of July, 2016. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA _____________________________ Charles K. Windes, Jr. Chairman ATTEST: J D PEACOCK II CLERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk 2