Fort Walton Beach Council agenda — 05-23-06 regular — reading text

Total attendants 144, 409 I' CITY COUNCIL MEETING Ma 23, 2006 Consent Agenda Acceptance of two Grants of Easements from Sailwatch Landing, LLC for sidewalk, parking and utilities along south side of Brooks Street and a boardwalk along Santa Rosa Sound Public Works Director) Council Action 1st 2nd Vote: CA- 4 Agenda Item Number:  City of Fort Walton Beach, Florida Memorandum DATE: May 16, 2006 TO: Joyce Shanahan, City Manager FROM: Thomas Murray, Public Works Director SUBJECT: Sailwatch Landing - Easements to the City Backe:round: City staff approved plans and the building permits for Sailwatch Landing Condominiums to be located at 185 and 187 Brooks Street SE. Plan approval was conditioned on granting an easement for the installation of a public sidewalk, parking and utilities along the south side of Brooks Street, and an easement for a public boardwalk to be constructed along Santa Rosa Sound with access from Brooks Street for City crews to maintain, service, etc. the boardwalk. Discussion: Two easements were granted on May 15, 2006, to the City of Fort Walton Beach by Sailwatch Landing, L.L. C., owners of the property. One easement is 20 feet wide along Brooks Street for publicsidewalk, parking and utilities. The other is 10 feet wide along Santa Rosa Sound for a public boardwalk with an ingress and egress easement 18 feet wide from Brooks Street to the boardwalk easement to provide city crews access to maintain, service, etc. the boardwalk. Both easements were reviewed and approved by the City Attorney as to form and legal sufficiency. Recommendation: Respectfully request that the City Council accept the Grants of Easements from Sailwatch Landing, L.L. C. for sidewalk, parking and utilities along the south side of Brooks Street and a boardwalk along Santa Rosa Sound on the Sailwatch Landing Condominium property, and authorize the mayor to execute the boardwalk easement. Prepared Bv: N~ 5/ lb/ O<O Nancy . cDonald Date Engineering Division fi cr,/ Reviewed and Submitted Bv: 5/;/' liP~ omas Murray Date Public Works Director Reviewed and Concur: Dae 71-0f Attachments: Grant of Easements Approval by City Attorney U:\ Public Works Admin\ CC Agenda\ cc.060523.Sailwatch Easements. doc  GRANT OF EASEMENTS STATE OF FLORIDA COUNTY OF OKALOOSA THIS GRANT OF EASEMENT made and entered into on this '.\ 5 th day of Mou , 2006, by and between SAILWATCH LANDING, L. L. C., a Florida limited liability co~ mailing address is P. O. Box 1637, Santa Rosa Beach, Florida 32459, " Grantor", and the CITY OF FORT WALTON BEACH, FLORIDA, a Municipal Corporation, whose mailing address is P. O. Box 4009, Fort Walton Beach, FL, 32549, Grantee (" City"), do mutually covenant: WHEREAS, Grantor is seized in fee simple and in possession of lands described as: SEE EXHIBIT A & EXHIBIT B WHEREAS, Grantor has agreed to grant to the City easements over and across the lands described on Exhibits A & B for the purposes and in the manner expressed in this Grant of Easement. NOW, THEREFORE, for and in consideration of the sum of Ten dollars ($ 10. 00) and other good and valuable considerations, receipt of which is acknowledged, Grantor does hereby grant unto the City, its successors, assigns and legal representatives the following described easements subject to the following described conditions: 0,-" 1. A non- exclusive boardwalk easement ten feet wide over the property described on Exhibit A subject to the following conditions: A. The easement shall be for use of the public for pedestrian traffic and for no other pu rpose. B. The boardwalk shall be constructed by the Grantor, at Grantor' s expense in accordance with plans reasonably approved by City. The boardwalk shall be a boardwalk only with no benches or other similar improvements. The foregoing shall not prevent City installation, at its expense, of pedestrian safety lighting to light the foot path provided that lighting shall be directed downward and any light poles or fixtures shall not exceed four (4) feet in height. C. The rights granted to the City and the obligations of the City shall include, and be limited to constructing the safety lighting as allowed in B above, inspecting, maintaining, servicing, repairing, and replacing the boardwalk on the property of Grantor only, all at the expense of the City. 2. A non- exclusive ingress and egress easement over and across the property described on Exhibit B to the boardwalk easement described in Exhibit Asubject to the following conditions: A. This non- exclusive easement is granted for use by employees of the City, and for others who might be employed by the City, only to exercise the rights and perform the obligations set forth in Paragraph 1 C above. B. The easement rights granted in this Paragraph 2 shall not create any rights for public ingress and egress. 1  The easements granted in this Grant of Easements and the rights associated therewith shall in interfere with Grantor' s use and no way adversely affect any improvements nor unreasonably of the land situated outside of the easements described in this Grant of Easement. enjoyment Theparties hereto acknowledge and agree that certain activities on adjacent sovereign to the Board of submerged lands may require the Grantor to convey a conservation easement Trustees of the Internal Improvement Trust Fund of the State of Florida. IN WITNESS WHEREOF, Grantor has set its hand and seal on the day and year first above written. Signed, sealed and delivered in our presence as witnesses: Clk~ 1 m~ tness Signature GRANTOR: Sailwatch Landing, LLC, a Florida limited JDl' ~l.') I\.a me ('1 ility Pnnted Name 1JJllhficPII Elliott Mitchell Managing Member Witness Signature r-""- I\~;~:: S Corporate Seal) Printed Na e The foregoing instrument was acknowledged before me this J. 5Jb.. day of M<lU , 2006, by Elliott Mitchell. as Managing Member of Sailwatch Landing, L. L. C, a Flori~ lity company on behalf of the company. i; M- LGlA-~ ry Public L.- Personally known: ~ OR Produced Identification: Type of Identification Produced: therine A.Ducharme c. 1f t~ 001331" EXPIRES i.: :;\ MY 0OMMISS1ON# ber 19 2006 n..... NC. NOB)1HIUtIOYF~ 1() 1!m'"...... 2  GRANTEE: Ii~" City of Fort Walton Beach, Florida, a municipal Witness Signature Corporation BY: Printed Name Michael G. Anderson Its: Mayor ATTEST Helen Spencer, City Clerk & Witness Corporate Seal) Printed Name The foregoing instrument was acknowledged before me this day of 2006, by Michael G. Anderson and Helen Spencer, the Mayor and City Clerk of City of Fort Walton Beach, Florida, a municipal corporation on behalf of the corporation. Notary Public Personally Known: or Produced Identification Type of Identification Produced: 3 1, j1I~ CONSENT OF MORTGAGEE Wachovia Bank National Association hereby consents to the Grant of Easements set forth above and agrees that the Mortgage in favor of Wachovia Bank National Association recorded in O. R. Book 2666 at Page 416 of the Public Records of Okaloosa County, Florida is subordinate to the easement interests of the City of Fort Walton Beach, Florida