Okaloosa County BOCC — November 1, 2016 — Resolution Hilton Trail vacation of RW

RESOLUTION NO. 16 - ________ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS VACATING A PORTION OF THE PRESCRIPTIVE RIGHT-OF-WAY KNOWN AS HILTON TRAIL; LOCATED IN OKALOOSA COUNTY, BAKER, FLORIDA; PROVIDING FOR CERTAIN CODITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, James Marshall petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of Hilton Trail lying within that portion of Section 16, T-4-N, R-24-W and that portion of Section 17, T-4-N, R-24-W; and WHEREAS, the Board has considered the same and heard the proposal in detail and it appears that the granting of the vacation of the property is in the public’s interest. NOW THERFORE BE IT RESOLVED by the Board of County Commissioner of Okaloosa County, Florida as follows: 1. The petition of the above named party to vacate property described below is hereby granted. The following described property shall be vacated as right-of-way of the County: The vacation request is for the prescriptive right-of-way lying between Hester Church Road and Vinson Ray Road and more particularly that portion of Hilton Trail beginning at a point 650 feet north of the Southwest corner of Section 16, Township 4 North, Range 24 West, and the Southeast corner of Section 17, Township 4 North, Range 24 West and from this point continue North lying in and along the West line of Sections 16, Township 4 North, Range 24 West, and the East line of Section 17, Township 4 North, Range 24 West of Okaloosa County, Florida to the southerly right-of-way line of Vinson Ray Road. The requested area for vacation is approximately .875 mile of Hilton Trail. 2. That the vacation of such property is subject to the following conditions and limitations: a) That the property herein described is hereby vacated and combined with contiguous property. b) 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 structures other than stormwater/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 to reinstall after completion of utility installation. c) That the vacated property shall not be used to increase density or intensity of the adjoining parcel. 1  d) That no structure shall be built on the vacated property except fences, sprinkler systems or other amenities as approved by the Board of County Commissioner. 3. This Resolution shall be effective upon adoption. DULY PASSED AND ADOPTED by the Board of County Commissioners of Okaloosa County, Florida in the regular session this 1st day of November, 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 APPROVED AS TO FORM: ___________________________________ Gregory T. Stewart County Attorney 2