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

central angle of 04°13'26" to end of curve; thence North G6*16'41" West 139.98 feet to @ point of non-tangent curve to the left (concave southwesterly); thence from & langent bearing of North S6°17'41" West, nun norlhwesterty along sald curve, having a radius of 276.67 feet, for a distance of 132.07 feet, through a central angle of 27°32'09" to end of curva; thence North 06°11" 1" East 6.04 feet to POINT OF BEGINNING; Containing 12,970 square feet, more or legs. THIS CORRECTIVE UTILITY SUBORDINATION Ia to correct that certain Ulilty Suberdination as recorded in Official Records Book 3483, Page 2622 of the Public Records of Okaloosa County, Florida. The interest of the Cay being subordinated includes, but is not nacessarily limited to, the interest created by the foltowing described document: RECORDED: INSTRUMENT | DATE FROM Ta BOOKIPAGE WatenSewer 08220016 | Emerald Cosel City of Fort Walton OR d277 Easement Property Group Beach, Florida PG 1276 Zz The Clty shall have the right to relocate Its facilities within the FOOT right of way and the right fo receive reimbursement from the FOOT for the reloration. Subsequent to the relocation, the City shall have the tight 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 consinction or relocation, subsequent to the firet relowalion, shall be subject to the approval of the FDOT. (Approval shall not be withheld or delayed unreasonably.) ifthe FDOT does not allow the first relocation of the facllilias within the night of way or should the FOOT require any subsequent relocation of the facilities, the FOOT agrees to pay the cost of such relocation, including the cost of acquiring any necessary easements. All work perfonned and facilities located within. the right of way by the City, and all paymants and relrbursemants by a DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 ihe FDOT to the City, shall be in accordance with the FDOT's construction plans for the project and the rules, procedures, and Wttity Accommodation Manual, which are in oMect at the time this agreement is executed by ihe Clty. 3. hotwsthetanding ihe terms of this subordination aoreement, the terns of the ullity permits shall supersede any conflicting provisions, with Ihe exception of the terms providing for reimbursarvent rights. 4 The City shall have the ngh 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, ane growth, which might adversely affect Ihe facilities, provided there are no adverse effects on the operation and safely of the FOOTs facilities. Subject to the provisions of Paragraph 2 above, the City agrees to repair erry damages to the FDOT facilities resulting from the act or omission of the City. an IM WITNESS WHEREQOF, ine FOOT hereto hes executed this agreement on the day and year first abowe wotten. Signed, sealed ard delivered in the presence of TOC ‘ ASL AOS ey} An ite Phillip. Gainer, FE ae A) Tite: District Secretary VIS om THN PO STATE OF PORTA! OEPARTMENT for District 3 STATE OF FLORIDA COUNTY OF WASHING TH The foregeing instrumen| was acknpwiedged before me, by means of evbrysica presence or 2 online notarizalion, this Lent day of Ot: 20 Libr ha Phillip Gainer, ae Secretary for Disuict 3, .who & is personally k known lo me or whe has prodices ye identification. a Putiies io ard for the County and State last aforesaid iy Gornmission Expires: Serial No., if any: LYNDSEY LOWE Corrmiggion # HM 342438 Eames Segember 2 24 MMe DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 In WITMESS WHEREOF, the Cily has caused these presents to be executed in its name by its: City Couneit acting by the Mayor of sald Council, the day and yaar aforesaid, wl ATTEST. poy sphanee?” City of Fort Walton Beach fim Mi, Barnes, City Clerk ' STATE OF FLORIOA, i county oF Okere re a Ue setbre me, by means of (physical presence one by Biche’ A. Runeor sen, whe is as identification. CL The foregoing instrument was. ackit i or online motarzation, this bd day of Cer} ey, Apnitar 8. Fed Notary Public, State of Plone sty Commasion Expires O20 026 Comission Ne He 24 gar = Hotery Public in and tor the” County and State last aforesgig we, = s f =~ S Bs a Tra = Serial Ma. if ary: bef be DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 : oe . _ FILE #3382092 RCD: 8/13/2020 4:30 PM, BK: 3483 PG: 2813, RECORDING: $15.00 RECORDING ARTICLE V: $12.00 DEPUTY CLERK TWILCOX _ JD PEACOCK Il CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA 23-UTL0409/03 May 6, 2020 This instrument prepared by, or under the diregtion of, { | Red Department of Transportation P, ©. Box 607 Chipley, FL 32428 Legal description approved by: Wilson Oilmore Parcel 107.3R hemfSegment No, 4154742 Managing istrict 3 8.R. No. 30 (US 88) County Okaloosa SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT (s entered into on LL Gib) . 20.) by ena between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) whose address is Post Office Box 607, Chipley, Florida 32426, and CITY OF FORT WALTON BEACH, FLORIDA (City). WITNESSETH: WHEREAS, the City presently has an interest in land that is necessary for highway purposes and the City has facilitles jocated on the land. WHEREAS, the proposed use of the land for highway purposes will require subordination by the City lo the FDOT of the interesi clalmed in the land, WHEREAS, ihe FDOT Is willing to pay to have the City's facilities relocated, ff Necessary to prevent conflict with the facilities on. the FDOT's Project No. 4154742, THEREFORE, in consideration of the mutual covenants and promises of the parties, the City and the FDOT agree as follows: 1. The Ciy subordinates to FOOT, ils succesors or assigns, its interest in the following described land; A portion of the South % of Lois 6 and 7 of Greater Camp Walton, as per plat recorded in plat Book 4, Page 29 of the Public Records of Okaloosa County, Florida and being in Section 24, Township 2 South, Range 24 West, Okalooss County, Florida, being described as follows: Commence at a 4 inch by 4 inch concrete monument ("Gustin Gotham and Tucker Corp 350 PRM") marking the norlheas! corner of sald Section 24; thence North 87°S1'11" West 2,122.68 feat along the north line of said Section 24 to the cantatline of survey of Perry Avenve as shown on F007. (Florida Department of Transportation (F.D.0.T.)} Right of Way Map, F.P. No. 4154742 (sald map being on file et F.0.0.7, District 3 Office, Chipley, Florida), thence South 03°25°09" West 595.70 feet along said centeriine of survey of Perry Avenve to the centerline of construction of State Road 30 (US 98) ss shown on said Right of Way Map, said point being on a non-tangent curve to the right (concave southwesterly); thence from e tangent bearing of South 73°11'34" East, wn soulheasterly along said curve and along said centerline of construction of State Road 30 (US 98), having a radius of 1,432.40 feel, tora distance of 155.27 feet, through @ central angle of 06°12'38" to a point of compound curve to tha fight (concave southwesterly); thence from a tangent bearing of South 66*68'58" East, run southeasterly élong said curve, having a radius of 2,850.00 feet, for a distance of 633.39 feet, throuph a central angle of 10°43'23" to 6 point of compound curve to the right (concave southwesterly); thence from e fangent bearing of South 56°1$'22" East, run southeasterly along said curve, having a radius 1,433.46 feat, for e distance of 222.47 feet, through a central angle of 11°14'45" to end of curve; {hence departing said centerine of construction, North 44°59'43" East 83.56 feet to the existing easterly right of way line of Brooks Stree! SE as shown on said Right of Wey Map end POINT OF 1 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 Bk: 3483 PG: 2814 BEGINNING: thence departing sald existing eastay right of way line, South 37°28'33" East 160.05 feel to existing westerly right of way line of Alconese Avenue SE as shown on sald Right of Way Map: thence South 01°04'23" East 97.26 feet along sald existing westerly right of way line to the existing northeasterly right of way ine af sald State Road 30 (US 98) as shown on seid Right of Way Map; thence North 32°68'10" West 57.69 feet along said existing northeasterty right of way Ene to pelt of tangent curve to the lef (concave southwesterly); thenca northwesterly along sald curve, having a radius of 1,205.92 feet, for a distance of 112.85 feet, through a central angle of 05°21'43" to a point on said existing easterly right of way line of Brooks Steet SE and end of curve; thence North 02°30'00" East 76.96 feet along said existing easterly right of way line to POINT OF BEGINNING; Containing 8,070 square feal, more or less. The interest of the City being subordinated includes, bul Is nol necessarily limHed to, the interest created by the following deseribed document: RECORDED: INSTRUMENT | DATE FROM TO BOOHW/PAGE Utlity Easement | 07/22/2016 | Julian Lorant City of Fort Walton OR 3213 Beach, Florida PG 2968 2. The City shall have the right to relocate Hs facilities within the FOOT right of way end the right to receive reimbursement! from the FDOT for the relocation. Subsequent to the relocation, the ily shall have the right to operate and malntain its facilities within the FDOT right of way, Ssubjeci to the provisions of the permit and the Utlity Accommodation Manual. However, any new construction or relocaiion, subsequent {o tha first relocation, shall be subject to the approval of the FDOT. (Approval shall not be withheld or delayed unreasonably.) if the FOOT does not ellow the first relocation of the facliiles within the right of way or should the FDOT raquire any subsequent relocation of the facilites, the FDOT agrees to pay the cost of such relocation, including the cost of acquiring any necessary easements. All work performed and tecttiies located within the right of way by the City, and all payments and reimbursements by the FDOT to the Clty, shall be in accordance with the FOO'T's construction plans for the project and the rules, procedures, and Utlilty Accommodation Manual, which are In affect at the time this agreement is executed by the City. 3. Notwithstanding the terms of this subordination agmermeni, the terms of the utility permits shall supersede any conflicting provisions, with the exception of the terms providing for relmbursament 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 tees, brubh, ard growth, which might adversely affect the facilities, provided there ere no adverse effects on tha operation and safety of the FOOT s (acilities. 5. Subject to the provisions of Paragraph 2 above, the Clty agrees to repair any damages ts the FDOT facilities resutting from the act or omission of the City. DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 BK: 3483 PG: 2815 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year firal above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in theoresence of wil or seca Va in Gye By: 7 Krissy Phillip Gainer, P, E. \ Tile: District Secretary Vv Lp ; for District 3 “Barbie Pettis 7 STATE OF FLORIDA COUNTY OF WASHINGTON The foregaing instrum@nt was acknewiedged before me, by means of h physical presence or online notarization, this), day of 20. y¥ Philip Gainer, as Secretary for District 3, who is personally known to me or who has ced [\ : (as — tg Ki LYNDSEY LOWE Notary Public in and for the rat Comumisshan # Gt 261357 | County and State last aforesaid. 3 sf Expires Seplember 23, 2022 My Commission Expires: fone Bonded Thru Troy Fala tysurance 400-285-7019 Serial No., f any: “hewn IN WITNESS WHEREOF, Ibe