Fort Walton Beach Ordinance — 2106--Correct Parcels Donated to FDOT ‎(Brooks Bridge Project)‎ — reading text

ORDINANCE 2106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR THE CORRECTION OF SCRIVENER' S ERRORS IN THE DEEDS AND/OR LEGAL DESCRIPTIONS OF CITY -OWNED PARCELS PREVIOUSLY DONATED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BROOKS BRIDGE REPLACEMENT PROJECT ( FINANCIAL PROJECT I.D. NO. 415474-2- 52- 01) AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN THE ATTACHED EXHIBITS; AUTHORIZING THE MAYOR TO EXECUTE THE CORRECTED DOCUMENTS FOR THE TRANSFERRED PARCELS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State of Florida Department of Transportation ( FDOT) proposes to construct or improve State Road No. 30 ( U. S. 98), Financial Project No. 415474-2, in Okaloosa County, Florida; and WHEREAS, it is necessary that certain lands now owned by the City of Fort Walton Beach, Florida, be acquired or be used temporarily by the State of Florida Department of Transportation; and WHEREAS, the City Council of the City of Fort Walton Beach, Florida, finds said uses are in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation the necessary acquisitions of rights- of-way and/ or temporary easements, or easements, in favor of the State of Florida Department of Transportation, for the purpose of constructing the project according to current construction plans and said requests having been duly considered; and WHEREAS, after City Council adoption of Ordinance No. 2097 to donate said parcels to FDOT, Scrivener' s errors were discovered in the Quit Claim Deeds of various parcels, which requires a corrective Ordinance to revise the Quit Claim Deeds. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, THE FOLLOWING: Section 1. Intent A. The City Council conducted public hearings on September 13, 2022, and September 27, 2022, after giving due public notice. Section 2. Donation of City -Owned Parcels to FDOT The City Council hereby finds the following: A. The application of the State of Florida Department of Transportation for acquisition of rights-of-way and/ or temporary easements, or easements, is for transportation purposes which are in the public or community interest and for public welfare; and  B. Those parcels requiring acquisition by the State of Florida Department of Transportation are not needed for City purposes and all rights, title and interests that said City has in and to said parcels shall be conveyed to the State of Florida Department of Transportation in Chipley, Florida, via Quit Claim Deeds and should be drawn and executed by the Mayor; and C. Consideration of these parcel donations to the State of Florida Department of Transportation shall be $ 0. 00. Section 3. City -Owned Parcels for Donation The City' s interest in the following parcels as indicated in the attached exhibits are hereby donated to the State of Florida Department of Transportation for construction of the Brooks Bridge Replacement Project (Financial Project No. 415474- 2): A. FDOT Parcel No. 102AR (Acquisition of Right -of W - ay via Quit Claim Deed) B. FDOT Parcel No. 103. 3CD ( Acquisition of Right -of W - ay via Quit Claim Deed) C. FDOT Parcel No. 103AR (Acquisition of Right -of W - ay via Quit Claim Deed) D. FDOT Parcel No. 104ACD (Acquisition of Right -of -Way via Quit Claim Deed) Section 4. Effective Date This Ordinance shall take effect immediately upon adoption on second reading by City Council and signature of the Mayor. Adopted: S/ l Richard A. Rynearson, Mayor  04- QCD. 14- 06/93 August 16, 2022 This instrument prepared by ofwder the direction of. Department of Transportation P. O. Box 607 Chipley, FL 32428 Legal description approved by, David Hitchcock Parcel 102. 4R Item/Segment No. 4154742 Managing District 3 S. R. No. 30 (US 98) County Okaloosa CITY QUITCLAIM DEED THIS QUITCLAIM DEED, Made thist?l ;day of rm6 * 20.ZZ by the City of Fort Walton Beach, Florida, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose address is Post Office Box 607, Chipley, Florida 32428, grantee: ( wherever used herein the terms " grantor" and " grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of organizations.) WITNESSETH: That the said grantor, for and in consideration of the sum of $ 1. 00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the said grantee forever, all right, title, interest, claim and demand, which said grantor has in and to the hereinafter described parcel of land arising out of that certain easement, between Sailwatch Landing, LLC and City of Fort Walton Beach dated 5- 15-06, recorded in Official Records Book 2712, Page 130 of the Public Records of Okaloosa County, Florida, together with all other right, title, interest, claim and demand, if any, which the said grantor has in and to said parcel situate in the County of Okaloosa, Florida, viz: Commence at a point on the North line of Section 24, Township 2 South, Range 24 West, lying North 89°04' 59" East at a distance of 3479. 17 feet East of the northwest corner of said section; thence run South 00°5313" West a distance of 656.48 feet to a point on the South right of way of Brooks Street; thence South 89°52' 41" West along said South right of way a distance of 50. 00 feet to a concrete monument and the POINT OF BEGINNING ( said monument being the northwest comer of the commercial outparcel); thence South 00053' 10" West a distance of 70.97 feet; thence South 89" 06' 50" East a distance of 40.74 feet; thence South 00°53' 10" West a distance of 18. 85 feet; thence South 89` 06'50" East a distance of 59.20 feet; thence North 00948'29" East a distance of 91. 53 feet to the South right of way of Brooks Street; thence South 89" 54'21" West along said South right of way a distance of 99.83 feet to the POINT OF BEGINNING..."; Containing 8,400 square feet, more or less and being in Section 24, Township 2 South, Range 24 West, Okaloosa County, Florida. TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the said grantee forever.  IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: ! Y7 The City of Fort Walton Beach Clerk (or Deputy C W// V X Its Mayor STATE OF FLORIDA COUNTY OF off Iv/ t The foregoing instrument was acknowlec by means of 68 ph sisal pr ence or online notarization, this day nearSDn , 20-;R by.. fd A. Mayor, who is pars me or who has produced - N4A as identification. v:> VV Vbl% Amber N. Ford i Notary Public in and for the Notary Public, State of Florida x/ My Commission Expires 03/21/ 2026 County and State last afores i My Commission Ex i s: 1., yf„U_ Commission No. HH 243374 Serial No., if any: a08,(p  04-QCD. 14-06/ 93 August 16, 2022 This instrument prepared by, or ) tier the direction of, Dep entof-Transportation P. a ox 607 Chipley, FL 32428 Legal description approved by, David Hitchcock Parcel 103. 3CD Item/ Segment No. 4154742 Managing District 3 S. R. No. 30 (US 98) County Okeloosa CITY QUITCLAIM DEED THIS QUITCLAIM DEED, Made thisalRay of 6N4 20] qby the City of FORT WALTON BEACH, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose address is Post Office Box 607, Chipley, Flodda 32428, grantee: ( wherever used herein the terms "grantor" and "grantee" Include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of organizations.) WITNESSETH: That the said grantor, for and inconsideration of the sum of $ 1. 00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the said grantee forever, all right, title, interest, claim and demand, which said grantor has in and to the hereinafter described parcel of land arising out of that certain easement, between Sailwatch Landing, LLC and City of Ft. Walton Beach dated 5- 15-06, recorded in Official Records Book 2712, Page 130 of the Public Records of Okaloosa County, Florida, together with all other right, title, interest, claim and demand, if any, which the said grantor has in and to said parcel situate in the County of Oksloosa, Florida, viz: That part of: Parcel 1: A part of Section 24, Township 2 South, Range 24, more particularly described as a lot fronting 50 feet on Brooks Street and running back of the uniform width 570 feet more or less to the water's edge; and further described as follows: Beginning at the southeast comer of W.E. Davis property at water's edge of Santa Rosa Sound, which southeast comer is point on Santa Rosa Sound South of a point 3473 feet East of northwest corner of Section 24, Township 2 South, Range 24 West; thence running North 571 feel to Brooks Street; thence West 50 feet, thence South 571 feet to water's edge of Santa Rosa Sound, 50 feet to place of beginning, in Section 24, Township 2 South, Range Florida. 24 West, formerly