Okaloosa County BOCC — December 16, 2014 — Letter from petitioner to amend Resolution 14-77

Stephen L. Kennedy stevekennedy2013@gmail.com 850-687-6546 Matthew Smith-Kennedy 900 Riggins Rd Apt 1014 Tallahassee, FL32308 mskroar05@gmail.com 850-582-9377 November 7, 2014 The Okaloosa County Board of Commissioners through. The Honorable Kelly Windes County Commissioner District 5 302 N, Wilson St. - Suite 302 Crestview, FL 32536 RE: Petition To Amend Resolution_No. 14-77, Vacation of Portion of County Right-OfWay, (Nutmeg Ave, near Niceville City Limits). Dear Mr. Windes, and the Okaloosa Board of County Commissioners We are requesting to amend Resolution No. 14-77 by amending stipulations-pertaining to the use of the vacated right-of-way. The vacated right-of-way in Resolution No. 1477 is described as: That portion of the unimproved right-of-way platted as-Nutmeg Avenue, bounded:-on the East by Lots 24, 25 & 26, Block 25 and bounded to the Westby the Bast % of Lots 1,2, & 3, Block 24, also bounded on the North by the South right-of-way line of 18" Street and bounded on the South by the North right-of-way line of Hickory Street according to the plat of ‘Pine Crest Addition to Valparaiso, Sheet Number 9, Subdivision Numbers 5 and 6, as recorded in Plat Book 1, Page 56. Items requesting amendment: 2. THAT the County reserves for itself, and any and all licensed utility companies, their successors and assigns a utility easement on the full width ofthe West 4 and on the West 10 feet of the East 4 of the portion of the vacated Nutmeg Avenue, as described in Resolution Ne. 14-77 for the purpose of locating and maintaining public utilities and for stormwater/drainage purposes. No structures other than stomwates/drainage improvements and fencing approved by the Board of County Commissioners shall be permitted. Removal of existing fences for utility construction is permitied and will be the sole responsibility of the landowner to reinstall after completion of utility installation. 4, THAT no structure shall be built on the full width of the West % aud on the West 10 feet of the East 4% of the portion of the vacated Nutmeg Avenue, as described in Resolution No, 14-77 except fences, sprinkler systems or other amenities as approved by the Board of County Commissioners. It is important to note, at present time there are two parcels, (originally 3 platted lots), contiguous to the cast half of the vacated right of way and typically ithas been customary for the county planning department to allow a “lot line relocations” for similar parcels. A lot line relovation would allow an owner to relocate the lot line ofa set of parcels, typically 90 degrees, thereby providing greater utility for the parcels, especially in this case where each of the parcels contain some wetlands to the east, which limits the utility of these properties. The future intentions ia the use of these parcels is to request a jot line relocation and with the relocation granted, itwould Jessen. the intensity upon the easement/vacation, thereby limiting any issues by containing itto a-single continuous parcel. Presently the properties are under contract to gelito a local builder, Randy Wise Homes, Inc., who ultimately plans on construction two-new single Family homes both of which would front along.18" Street -gaining-use-of, currenily-existing water-and sewer uillities. Randy ‘Wise Homes, Inc, has provided-s letter from the water and sewer provider indicating it-can provide water and sewer services to the parcels with a lot line relocation. Currently the buyei/builder does not deem the properties acceptable for the construction of two new single-family homes-due to tot orientation, the existence of the wetlands and the full width utility easement restriction on the properties. Thank you for your consideration, Stephen L. Kennedy and Matthew Smith Kennedy ; ! Jolt: (85 i is the designated representative for the hearing before the Board of Gounty Commissioners. hie. /S Stephen L. Kennedy bigh. Mlonel {S Matthew Smith-Kennedy