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

City has caused these presents to be executed in its name by its Clty Council acting by the Mayor of said Council, the day and year aforesaid. on ATTEST: Fa Pe Clty of Fort Walion Beach im M. Barnes, Cty Giegh rhe | “ \ - r ae Richard A. Rynearsan, Mayor STATE OF FLORIDA COUNTY ORS gfaasa The foregoing on thst. was acknowledged before me, bym means of bie presence or C] online notarization, this(4, day of Miss. 2Qe bide AP personally known to me or who has produced il . nn eT canal Notary Public in and for the County and State last aforesald. My Commission Expires: Serial No., if any: a a%. Notary Pubs State of Plone Laraine Van Etten hy = My Commnixeen GG 188270 $3: nf Expires 0312022 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 FILE #3382093 RCD: 8/13/2020 4:30 PM, BK: 3483 PG: 2816, RECORDING: $15.00 RECORDING ARTICLE V: $12.00 DEPUTY CLERK TWILCOX JD PEACOCK HE CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA 23-(JTL.04-0303 November 27, 20179 This instrument prepared by, or under the direction of, Shad Redmon Depariment of Transportation P.O. Box 607 Chipley, FL 32428 Legal description approved by: Wilson Dilmore Parcel 119.2 ltem/Segment No. 4154742 Managing District 3 S.R. No. 30 (US 98) County Okaloosa SUBORDINATION OF CITY UTILITY INTERESTS 4 THIS AGREEMENT is entered into on Aric 1 20.3, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATI N (FOOT) whose address is Post Office Box 607, Chipley, Florida 32428, and CITY OF FORT WALTON BEACH, FLORIDA, (City), WITNESSETH: WHEREAS, the City presently has an inierest in land thal 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 FDOT of the interest claimed in the land, WHEREAS, the FDOT is willing to pay to have the City's facilities relocated, if necessary to prevent conflict with the facilities on the FOCT'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 City subordinates to FOOT, its successars or assigns, its interest in the following deseribed land: POND 41 (PART) “COMMENCING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED EASTERLY ALONG SECTION LINE 3324.07 FEET, THENCE 182 DEGREES 49 MINUTES 50 SECONDS NGAZ (NAD27T GRID AZIMUTH MEASURED CLOCKWISE FROM NORTH EQUALS ZERO) A DISTANCE OF 817.07 FEET ALONG EAST LINE OF BUCKS ADDITION TO NORTH CURB LINE OF BROOKS STREET; THENCE 94 DEGREES 40 MINUTES 58 SECONDS NGAZ 150.06 FEET ALONG CURB TO THE POINT OF BEGINNING, THENCE EASTERLY 82.01 FEET ALONG CURB BEING A 387.80 FOOT RADIUS DEFLECTING LEFT WITH A CHORD 87 DEGREES 09 MINUTES 37 SECONDS NGAZ 61.86 FEET, THENCE 14.31 FEET ALONG CURB BEING 30.00 FOOT RADIUS CURVE DEFLECTING LEFT WITH CHORD 76 DEGREES 43 MINUTES 01 SECONDS NGAZ 14,17 FEET; THENCE 02 DEGREES 35 MINUTES 23 SECONDS AZ 40.39 FEET ALONG WEST SIDE OF 16 FOOT ALLEY SHOWN IN PLAT OF GREATER CAMP WALTON, THENCE 102.74 FEET ALONG STATE ROAD 30 BEING A 1398.69 FOOT RADIUS DEFLECTING LEFT WITH CHORD 301 DEGREES 08 MINUTES 16 SECONDS NGAZ 102.72 FEET, THENCE 185 DEGREES 03 MINUTES 1? SECONDS NGAZ 102.60 FEET TO THE POINT OF BEGINNING.”. Containing 6.850 square feat. more or less. The interest of the City being subordinated includes, but is mot necessarily limited to, the i DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 BK: 3483 PG: 2817 interest crested by the following described document: RECORDED: INSTRUMENT DATE FROM TO BOOK/PAGE Easement 1/41 71/2008 George Elliot City of Fort Walton OR 2825 Mitchell, Trustee Beach, Florida PG 1894 2. The City shall have the right to relocate its facilities within the FOOT right of way and the right to receive relmbursement from the FDOT for the relocation. Subsequent to the relocation, the City shall have the right to operate and maintain its facilities within the FOOT right of way, subject to the provisions of the permit and the Utility Accommodation Manual. However, any naw construction or relocation, subsequent to the first relocation, shall be subject to the approval of the FOOT. (Approval shall not be withheld or delayed unreasonably.) if the FOOT 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, 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 FOOT'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 tha City. 4. Notwithstanding the terme of this subordination agreement, the terms of the utillty permits shall supersede any conflicting provisions, with the exception of the terms providing for reimbursement rights. 4. The City shall heve the right to enter upon the right of way for the purposes stated in Paragraph 2. Maintenance of lhe 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. §. 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: 2818 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on ihe day and year first above written. Signed, sealed and delivered Phillip Gainer, P. E. Title: District Secretary i for Distriel 3 Barbie Pettis STATE OF FLORIDA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me, by means of physical presence or 2 ontine notarization, this iS day of j 26) by Phillip Gainer, as Secretary for District 3, who is personally known to me or who has @roduced Cy cto. as identification. nine », LYNDSEY LOVE Notary Public in’and for the ie | boa Sorte he County and State last aforesaid. ‘prea’ Expires , My Commission Expires: “ter ne Bonded Thu Troy Fein ineurancs ROC-38S-7019 B 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 ihe Mayor of sald Council, the day and year aforesaid. ATTEST: EK _ LD ia City of Fort Walton Beach Wht STATE OF FLORIDA county or Ky hase The foregoing instrumen| was acknowledged before me, by means of | hysical presence or © online notarization, this {7 day of f Koza . 20gebyi . who is personally known to me or who has produced MA psn as "enti cation Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Notary Pubhe State of Florida Caring Van Etten My Commission GG 186370 Expires OMAU2039 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 FILE #3382094 RCD: 8/13/2020 4:30 PM, BK: 3483 PG: 2819, RECORDING: 515.00 RECORDING ARTICLE V: $12.00 DEPUTY CLERK TWILCOX JD PEACOCK Tl CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA 23-UTL.04-03/03 November 27, 2019 This instrument prepared by, or under the direction of, Shad Redmon Depariment of Transportation P.O. Box 607 Chipley, FL 32428 Legal description approved by: Wilson Dilmore Parcel 122.2 ltemvSegment No. 4154742 Managing District 3 S.R. No. 30 (US 98) County Okaloosa SUBORDINATION OF CITY UTILITY INTERESTS , “ THIS AGREEMENT is entered into on! ™)LC,U."y} } ), 201.2 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 (City). WITNESSETH: WHEREAS, the City presently has an interest in land thal 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 ihe City to the FOOT of the interest claimed in the land. WHEREAS, the FDOT is willing lo pay to have the City's facilities relocated, if necessary to prevent conflict with the facililies on the FOOT'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 City subordinates to FDOT, its successors or assigns, its interest in the following described land: POND 1 (PART) “Lots 8,9, 10, 11, 12, and 13, inclusive, Block B, BUCKS ADDITION TO FORT WALTON, according to the plat thereof as recorded in Plat Book 1, Page 100, Public Records of Okaloosa County, Florida”: Containing 0.582 acres, more or lass, exclusive of existing road right of way, and being in Section 24, Township 2 South, Range 24 West, Okaloosa County, Florida. The interest of the Cily being subordinated includes, but is not necessarily limited to, the interest created by the following described document: RECORDED: INSTRUMENT DATE FROM TO BOOK/PAGE Sidewalk and afi20o2 Cafte’ ttalia lee | City of Fort Walton OR 2364 Utility Easement | Crear Italiano, Inc. | Beach, Florida PG 1266 1 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 BK: 3483 PG: 2820 The City shall have the right to relocate its facilities within the FDOT right of way and the right to recelve reimbursement from the FDOT 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 ihe 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 FOOT 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, ihe FOOT 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 Cily, and all payments and reimbursements by the FDOT to the City, shall be in accordance with the FOOT’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. 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 tights. 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 adversety affect the facilities, provided there are no adverse effects on the operation and safety of the FOOTs facilities. 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 firs! above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPOR By: |e oo Krissy Cobh a Phillip Gainer, P. E. a Title: District Secretary \y Ap YO ® b4 for District 3 Barbie Pets STATE OF FLORIDA COUNTY OF WASHINGTON or CO ontine notarization, this day off 3, who is personally known to me or who has | by Phillip Gainer, as Secretary for District The foregoing instrument was EOS before me, by means of ta-bhysical presence rodu ‘ as identification. 1 he, LYNDSEY LOVE ES hy Ei: Commission # 66 aoe | Notary Public in arid for the EP: ai | Epis Seplenbet