Fort Walton Beach Resolution — 2023-08 FDOT Utility Work Agreement-Brooks Bridge Replacement — reading text

Florida Department of Transportation (F.0.0.T.) Right of Way Map F.P. No. 4154742 (said map being on file at F.D.0.7, District 3 Office, Chipley, Florida) and being described as follows: Commence at a 4 inch by 4 inch concrete monument (“Gustin Cothern and Tucker Corp 350 PRM’) marking the northeast! corner of Section 24, Township 2 South, Range 24 West; thence North 67°31'11" Wesl 2,122.68 feet along the north line of said Section 24 to the centerline of survey of Perry Avenue as shown on said Right of Way Map: thence South 03°25'08" West 585.70 feel along said centerline of survey of Perry Avenue to the centertine of survey of State Road 30 (US 98) as shown on said Right of Way Map, said point being on a non-tangent curve to the right (concave southwesterly); thence from a tangent bearing of South 73°11'34" East, run southeasterly along said curve and along said centerline of survey of State Road 30 (US 98), having a radius of 1,432.40 feet, for a distance of 39.59 feet, through a central angle of 01°35'01" to end of curve; thence departing said centerline of survey, rum North 18°23'27" East 45.00 feet to an intersection of the existing northerly right of way line of Slate Road 30 (US 98) with the existing easterly right of way line of Perry Avenue, as shown on said Right of Way Map and POINT OF BEGINNING; thence North 03°26'09° East 36.20 fee! along said existing easterly right of way line of Perry Avenue; thence departing said easterly right of way line, run South 42°49'05" East 41,99 feet to 4 point on a non-tangent curve to the right (concave southwesterly); thence from a langent bearing of South 70°33'20" East, run southeasterly along sald curve, having a radius of 1,492.40 feet, for a distance of 93.08 feet, through a central angle of 03°34'25" to a point of compound curve to the right (concave southwesterly) ; thence southeasterly along said curve, having a radius of 2,910.00 feet. for a distance of 30.28 feet, through a central angle of 00°35'47" ta end of curve; thence North 23°36'51" East 8.00 feet; thence South 64°44'21" East 266.35 feet; hence North 28°50'26" East 141.50 feet: DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 BK: 3483 PG: 2811 thence South 64°46'(8" East 120.01 feel to the existing westerly right of way line of Florida Blanca Street, as shown on said Right of Way Map; thence South 02°58'30" West 63.99 feat along sald westerly right of way line to said existing northerly right of way line of State Raad 30 (US 98): thence North 57°04'24" West 164.80 feet atong sald northerly right of way line; thence North 64°31'38" West 186.90 feet; thence North 65°31'58" West 168.18 feet; thence North 70°24'52" West 61.63 feet along sald northerly right of way line to POINT OF BEGINNING; Containing 16,022 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 Sewer 6-16-87 | Perry Street LTD Fort Walton Beach, FL 1429/1 B50 easement 2. The City shall have the right to relocate Ks facilities within the FDOT right of way and the right to receive reimbursement from the FDOT for the relocation. Subsequent to the relocation, the City shall have the right to operate and maintain ils facilities within the FDOT right of way, subject to the provisions of the permit and the Utility Accommodation Manual, However, any hew construction or relocation, subsequent to the first relocation, shall be subject fo the approval of the FDOT. (Approval shall not be withheld or delayed unreasonably.) if the FDOT does not allow ihe firet 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, including the cost of 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 City, shall be in accordance with the FDOT's construction plans for the project and the rules, procedures, and Utility Accommodation Manual, which are in effact 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 tim 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. DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 BK: 3483 PG: 2812 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year firs! above written. Signed, sealed and delivered STATE OF FLORIDA COUNTY OF WASHINGTON STATE OF FLORIDAMEPARTMENT By; Phillip Gainer, PE. Title: District Secretary for District 3 The foregoing instrument was ack owledged before me, by means off physical presence. or 2 online notarization, this (icay of Pi ‘ 207 by Phillip Gainer, as Secretary for District eh 3, who is personally known to me »., LWNDSEY LOVE + Commission # GG 261357 sg? Expires Sepiambar 23, 2022 "Bonded They Troy Fain bnsuranea sie. 4a6-7019 or who has produced oe, 3s identification. Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its City Council acting by the Mayor of said Council, the day and year aforesaid. — ATTEST. STATE OF FLORIDA county orOkg fossa. City of Fort Walton Beach Richard A. Rynearson, Mdyor The foregoing instrument was acknowledged before me, by means of BPnysical presence or G online notarization, this [4 day of Measg —. 20g0 by Bichtasd f. \bRo is Bod as identification. personally known to me or who has produced un aetna et Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: af Oh Nounry Public State of Florina Laraing Van Enen My Commission GG ragazo Expires DON 2027 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 23-04-0303 Inst @ISE7SO) Bk 3648 Pg: 4100 dune 1, 2028 Page} old Reeerded WORT ate? 147 AM RECORDING ARTICLE V SIG OO RECORDING 519 50 This instrument prepared by, o Doe une * fey if itevirgction of, DEPUTY CLERK fray ; ° a al JD PEACOCK II CLERK OF COURTS, OKALCIOSA CCLINTT, FLORIDA, Department of Transportation: P.O, Box 607 Chipley, FL 32426 Legal description approved by: David Mitehcock Parcel 105.405 ftenSegment No. 4184742 Managing District 3 SR. Wo 30 (US 98) County Okaloosa # CORRECTIVE SUBORDINATION OF CITY UTILITY alee A olG THIS CORRECTIVE AGREEMENT is entered into on Cx » . 20 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) whose address is Post Office Box 607, Chipley, Florida 32428, and CITY OF FORT WALTON BEACH, FLORIDA {Clty}, WITNESSETH: WHEREAS, the City presently has an interast in jand that is necessary for highway purposes and the City has facilities located on the land, WHEREAS, the proposed wee of the land for highway purposes will require subordination by the City to the FOOT of the interest claimed in the jand, WHEREAS, the FOOT is willing to pay to hawe the City's facilities relocated, if hecessary to prevent conflict with the laclities on the FDOT's Project No. 4154742, THEREFORE, in consideration of the mutual covenants and ¢ of the parties, the City and the FOOT agree as follows: 1. The City subordinates to FDOT, lis successor or assigns, its interest in the fallowing dascribedt land: That part of: “Bagin at 8 concrete monument on the South righ! of way of Brooks Street, which monurvent is on @ line bearing South deg 02 mii 30 seconds East, and at a distance of 3653 feet fram and North 89 degrees S7 minutes 30 seconds East of the West line of Section 24, Township 2 South, Range 24 West; thance South 0 degrees 02 minules 30 seconds East a distance of 516.21 feet to a concrate monument; thence continue on the previous bearing a dislance of 3.17 feet to a point waters edge of Santa Rose Sound: thence along said waters edge to a concrete monument which is North 77 degrees 27 minules 30 seconds East of and 428.31 feet from the last mantioned monument: thence North 0 degrees 04 minutes 30 seconds East a distance of 137.45 teal to an iron pipe on the South right of way line of Main Street; thence siong sald right of way tine to POINT OF BEGINNING, all lying and being in Okaloosa County, Florida, LESS AND EXCEPT the porlion of Lots 2 and 3 of GREATER CAMP WALTON SUBDIVISION which lies South of Main Street in the City of Fort Walton Beach, Florida”: lying within the following described boundaries: Commence at a 4 inch by 4 inch concrete monument 1 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 (‘Gustin Gothem and Tucker Corp 3501 PRM") marking the northeast comer of Section 24, Township 2 South, Range 24 West, Okaloosa County, Florida; thence North 87°34'11" West 2,122.68 feel along the north line of said Section 24 to ihe centerline of survay of Peony Avanue as shown Florida Department of Transportation (F.D.0,T.} Right of Way Map F.P. No. 4154742 (sald map being on file at F.0.0.7, District 3 Office, Chipley, Florida}; thence Sauth 03°25'09" West 585.70 feet along sald centerline of survey of Pemy Avenue to the centertine of construction of State Road 30 (US 98) as shown on said Right of Way Map, sald point being an a non-tangent curve to the right (concave southwesterly); thence from # tangent bearing of South 73°11'34" East, run southeasterly along sald cententire of construction of Stale Road 30 (US 88) and said curve having a radius of 1,492.40 feet, for a distance of 155.27 feet, through a central angle of 06°12'30" to a point of campound curve to the right (concave southwesterly); thence southeasterly along sald centerline of construction and safc curve, having a radius of 2,850.00 feet, fora distance of 247.38 feet, through a central angle of 04°58'24" to end of curve; thence departing sald centerline of construction, run South 27°50'20" Wast 141.01 feet to the POINT OF BEGINNING on the existing southerly right of way ling of Brooks Street SE, as shown on said Right of Way Map; thence South 68°27°16" East 34.14 feet along sald soulherty right of way ling of Brooks Street SE; thence North 90°48°02" East 100.56 feat along sald southerly right of way [ine to the southerly right of way line of Stale Road 30 as shown on sald Right of Way Map: thence South 64°05'04" East 33.77 feet along sald southerty right of way line of State Road 30 and to @ point on a non-tengent curve to the right (concave southwesterly}; thence from a tangent bearing of South 51°01'08" Eaut, southeasterly along said southedty right of way line and said curve having @ radius of 1,399.40 feal, for a distance of 322.36 feat, through a central angle of 13°11'S4" to end of curve; thence departing said southerly right of way fine of Stata Road 30, run North 58°05'10" West 88.05 feet to 4 point on a non-tangent curve to the fight (Concave northerly) thence from a tangent bearing of North 68°10'02" West, run northwesterly along sald curve, having a radius of 154,00 feet, for e distance of 16,26 feat, through a central angle of 08"02'90" te end of curve and a point on 6 nen-tangent curve to the left (concave southerly); thence from a tangent bearing of North 52°03'48" West, nin northwesterly along said curve having a radius of 1,008.32 feet, for a distance of 74.33 feet, through a