Fort Walton Beach Resolution — 2010-28 - Cinco Bayou Bridge repair — reading text

23- UTL.04- 03/ 03 SeRtember 15, 2010 Inslr'2664876 BK: 2956 PG: 4276, Page 1 or 3 YQO:J Recorded 1011912010 at 01: 26 PM. RECORDING: $ 15.00 RECORDING ARTICLE V: $ 12. 00 This instrument prepared by, or under the direction of, Timothv H. Wells DEPUTY CLERK PDUNN DON W HOWARD, CLERK OF COURTS. OKALOOSA COUNTY. Fl Department of Transportation P. O. Box 607 Chipley, FL 32428 Legal description approved by: Brian Moore Parcel 101. 5R Item/ Segment No. 4242901 Managing District 3 S. R. No. 85 County Okaloosa SUBORDINATION OF CITY UTILITY INTERESTS !( IJu ~~, THIS AGREEMENT is entered into on5tl{g:/" 20JD, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORT TION ( FDOT) ~ ose address is Post Office Box 607, Chipley, Florida 32428, and the CITY OF FORT WALTON BEACH ( City). WIT N E SSE T H: WHEREAS, the City presently has an interest in land that is necessary for highway purposes and the City has facilities located on the land. WHEREAS, the proposed use of the land for highway purposes will require subordination by the City to the FOOT of the interest claimed in the land. WHEREAS, the FOOT is willing to pay to have the City' s facilities relocated, if necessary to prevent conflict with the facilities on the FDOT' s project # 4242901 . THEREFORE, in consideration of the mutual covenants and promises of the parties, the City and the FDOT agree as follows: 1. The City subordinates to FDOT, its successors or assigns, its interest in the following described land: A parcel of land lying in the South Y2 of Lot 2, Section 12, Township 2 South, Range 24 West, Okaloosa County, Florida described as follows: Commence at a 5/ 8 inch iron rod and cap ( stamped FOOT) marking the southwesterly comer of Lot 8, Block 3, Cinco Bayou Subdivision, as recorded in Plat Book 1, Pages 27 and 27A, of the Public Records of Okaloosa County, Florida; thence South 62048' 08" East 159. 03 feet along the southwesterly line of said Lot 8 and the southeasterly extension thereof to the centerline of survey of State Road 85, as shown on Florida Department of Transportation ( F. D. O. T.) Right of Way Map F. P. No. 4242901 ( said map being on file at F. D. O. T. District 3 Office, Chipley, Florida) and to a point on a non tangent curve to the right ( concave easterly); thence (from a tangent bearing of North 19027' 04" East) northerly along said centerline and said curve, having a radius of 1, 908. 51 feet, for a distance of 260. 19 feet, through a central angle of 07048' 40" to end of curve; thence North 27015' 45" East 1, 417. 91 feet along said centerline; thence departing said centerline of survey, run North 62044' 15" West 65.50 feet to POINT OF BEGINNING; thence South 62044' 15" East 9. 00 feet to the existing northwesterly right of way line of said State Road 85, as shown on said Right of Way Map; thence South 27015' 45" West 64. 82 feet along said existing right of way line to the Mean High Water Line ( MHWL) of Five Mile ( Cinco) Bayou; thence departing said right of way line, run northwesterly 10. 79 feet, more or less, along said MHWL to a point 58. 86 feet South 27015' 45" West of the POINT OF BEGINNING; thence departing said MHWL, run North 27015' 45" East 58. 86 feet to POINT OF BEGINNING; Containing 557 square feet, more or less.  The interest of the City being subordinated includes, but is not necessarily limited to, the interest created by the following described document: RECORDED: INSTRUMENT DATE FROM TO BOOK/PAGE Easement 9- 10- 62 Paramount Shopping City of Fort Walton OR 258 Center, Inc., et al Beach PG 270 2. Pursuant to the provisions of Chapter 337, F. S., the City shall have the right to relocate its facilities within the FDOT right of way and the right to receive reimbursement from the FOOT for the relocation. Subsequent to the relocation, the City shall have the right to operate and maintain its facilities within the FDOT right of way, subject to the provisions of the permit and the Utility Accommodation Manual. However, any new construction or relocation, subsequent to the first relocation, shall be subject to the approval of the FDOT. ( Approval shall not be withheld or delayed unreasonably.) If the FDOT does not allow the first relocation of the facilities within the right of way or should the FDOT require any subsequent relocation of the facilities, the FDOT agrees to pay the cost of such relocation, the cost of including acquiring any necessary easements. All work performed and facilities located within the right of way by the City, and all payments and reimbursements by the FDOT to the shall be in City, accordance with the FDOT's construction plans for the project and the rules, procedures, and Utility Accommodation Manual, which are in effect at the time this agreement is executed by the City. 3. Notwithstanding the terms of this subordination agreement, the terms of the utility permits shall' supersede any conflicting provisions, with the exception of the terms providing for reimbursement rights. 4. The City shall have the right to enter upon the right of way for the purposes stated in Paragraph 2. Maintenance of the facilities shall include the right to trim trees, brush, and growth, which might adversely affect the facilities, provided there are no adverse effects on the operation and safety of the FDOT' s facilities. 5. Subject to the provisions of Paragraph 2 above, the City agrees to repair any damages to the FDOT facilities resulting from the act or omission of the City. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of w' esses: OF TRANSPORTATION F,}: " I ;~~~ i/,~~,!~ .~ M~"", 0 ' a. IooI:..;',;'l.,. " I~"~ "~;""""".';'~' J.' i~.> ";:-' " I '..- ~:~'\! j:' ;"~'~_ bi-:.'r.' STATE OF FLORIDA 1 .- ..' I ~ ..:.~ \ I"'~~ ... r J.I ..,,[ I'~":" ..... a" A"""" r...'