Okaloosa County BOCC — June 17, 2014 — Resolution to Exchange/vacate right-of-way — reading text

conveying clear title for “Parcel B” to the County, 4, Abandonment of “Parcel A” by tlhe County, The County shall comply with all requirements of section 336.10, Florida Statules, and all other requirements of Florida law, for the closing and abandoning of the portion of its dedicated right-of-way more particularly described above as “Pareel A”, By operation of law, including sections 177.085 and 336.12, Florida Statutes, the abandonment of the right-of-way will vest title to the Property Owners as the abutting fee owners. 5. Release. The Property Owners and their allorney John 8S, Mead, of the Mead Law Firm, 24 Walter Martin Rd, NE, Suite 201, Fort Walton Beach, Florida, agree that they release, disclaim, and relinquish any sights and forever discharge the County including its current and past Commissioners, officials, officers, directors, employees and agents, whether in their official or individual capacities, from all claims, causes of action, rights, demands, charges, complaints, grievances, or other suits whatsoever, whether in law or equity, as a result of any loss, known or unknown at this time, or which hereafter may become known, occasioned by, arising out of or related, directly or indirectly, to any encroachment on a portion of Lot 9, Block 10, Bayview Subdivision by the County resulting from the County’s paving of its right-of-way through Block {0 of Bayview Subdivision. The Property Owners agree that they have read all terms and provisions hereof and such terms and provisions are fully understood and voluntarily accepted by the Property Owners and the Property Owners haye been represented by counsel of their choice, 6, Entire Agreement, This Agreement and Release contains the entire agreement between (he parties hereto, and the terms of the Agreement and Release are contractual and not a mere recital, 7, Recording. This document will be recorded in the official records of Okaloosa County upon execution by all parties, EXECUTED this day of , 2014, STATE: Florida COUNTY: Okaloosa OKALOOSA COUNTY Charles K, Windes, Jr., Chairman, Board of County Commissioners Okaloosa County, Florida APPROVED AS TO FORM: County Attorney ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT By: Deputy Clerk C-3 DESIREE S KING COMMISSION # ££91614 EXPIRES JULY 4 2015 HONDED THROUGH RL INSURANCE COMPANY . Mead, rn ea Vi attorney for Property Owners PROPERTY OWNERS a __. Bitten, y "Fimothy* 1 Sea th Loe SUBSCRIBED AND SWORN TO before ne on this If day of JUNIE, _, 2014, PEC CHOAAL Large Sign, print, or stamp Notary Name My Commission Expires: Commission Number fv LS eee Xow é yf Sharon L. Smith i fotary Public, State o SUBSCRIBED AND SWORN TO before me oy day of <TLUAIE_., 2014. MANA OL A ea) << Nolary Public, State of FLOLAt Large Sign, print, or-stamp Notaty Name My Commission Expires: Commission Number DESIREE S KING COMMISSION # EESIG1A EXPIRES JULY 4 2015 BONDED THROUGH LI INSURANCE COMPARY C-4 AGREEMENT AND RELEASE This Agreement and Release is made and entered into this day of 2014, by and between the Board of County Commissioners of Okaloosa County, Florida, (hereinafter “the County”) and Timothy W. Smith and Sharon L. Smith (hereinafter “Property Owners”), owners of Lots 6 and 7, Block 10, and a portion of Lot 9, Block 10, all of Bayview Subdivision, WHEREAS, the Property Owners, through their agent, have petitioned the County for the exchange of properties and for the vacation and abandonment of § portion of the County's dedicated right-of-way to remedy a pavement encroachment by the County onto Lot 9, Block 10, Bayview Subdivision; and WHEREAS, the County has approved and authorized by Resolution both the exchange of properties anc the vacation and abandonment of a portion of its dedicated right-of-way in order to effectuate the exchange; NOW THEREFORE, in consideration of the foregoing premises, the conditions, and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the Parties agree to the following: L. Property to _be Exchanged, The Parties agree to the following exchange of property: PROPERTY TO BE VACATED AND ABANDONED BY OKALOOSA COUNTY: PARCEL “A” COMMENCING AT THE NORTHWEST CORNER OF LOT 6, BLOCK 10, BAYVIEW SUBDIVISION AS RECORDED IN PLAT BOOK 1, AT PAGE 26 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SATD POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO, 85 (EGLIN PARKWAY, R/W VARIES); THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY GO SOUTH 09°43'53" EAST ALONG WEST LINE OF SAID LOT 6, A DISTANCE OF 160,21 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6 AND ‘HE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY LINE OF A 20' WIDE ALLEY; THENCE DEPARTING SAID NORTHERLY LINE GO SOUTH 09°43'53" EAST, A DISTANCE OF 4,70 FEET; THENCE NORTH 78°18'41" EAST, A DISTANCE OF 122.09 FEET; THENCE NORTH 00°50'30" EAST, A DISTANCE OF 11.40 FEET TO A POINT ON SAID NORTHERLY LINE OF A 20' WIDE ALLEY; THENCE SOUTH 75°20'54 WEST ALONG SAID SOUTH LINE OF LOTS 6 & 7, A DISTANCE OF 123,72 FEET TO THE POINT OF BEGINNING CONTAINING 970 SQ. FT, MORE OR LESS. Page { of d Wt meee amaligmanans in gece can IN EXCHANGE FOR THE FOLLOWING BEING DEEDED TO OKALOOSA COUNTY BY TIMOTHY W. AND SHARON L. SMITH: PARCEL “B” COMMENCING AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 10, BAYVIEW SUBDIVISION AS RECORDED IN PLAT BOOK 1, AT PAGE 26 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF BEACHVIEW DRIVE (R/W VARIES); THENCE GO NORTH 00°52'446" EAST. ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 63.71 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00°52'46" EAST, A DISTANCE OF 11.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9, SAID POINT BEING ON THE SOUTHERLY LINE OF A 20! WIDE ALLEY; THENCE GO SOUTH 75°17'42" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 139.11 IFEET; THENCE DEPARTING SAID SOUTHERLY LINE OF A 20' WIDE ALLEY GO SOUTH 00°52'46" WEST, A DISTANCE OF 3.50 FEET; THENCE NORTH 78°18'41" EAST, A DISTANCE OF 137,29 FEET TO THE POINT OF BEGINNING CONTAINING 971 SQ, FT, MORE OR LESS. 2. Exceptions, Reservations, and Restrictions as to “Parcel A”, The County reserves for itself, and any and all licensed utility companies, their successors and assigns a full width ulility easement in the entire portion of the right-of-way vacated hereby for the purpose of locating and maintaining public utilities and for storm water/drainage purposes. No new structures shall be constructed within the vacation area/retained easement. The only structures that shall be permitted to be located in the vacated right-of-way shall be storm water/drainage improvements and fencing approved by the Board of County Commissioners. In the event that the county requires use.of the easement for utility construction the fences shall be removed at the. owner's expense. It will bo the sole responsibility of the landowner to reinstall the structure and fence after completion of utility installation, 3. Deed to the County from Property Owners for “Parcel BY, Within 5 days from the date of this Agreement and Release, the Property Owners shall execute a Warranty Deed to the County for the property described above as “Parcel B”, in a manner which complies with all laws of the Stale of Florida for executing the same and conveying clear litle for “Parcel B” to the County. 4, Abandonment_of “Parcel A” by the County. The County shall comply with all requirements of section 336,10, Florida Statutes, and all other requirements of Florida law, for the closing and abandoning of the portion of its dedicated right-of-way more particularly described above as “Parcel A”. By operation of law, including sections 177.085 and 336.12, Florida Statutes, the abandonment of the right-of-way will vest title to the Property Owners as the abutting fec owners. 5, Release. The Property Owners and their attorney John S. Mead, of the Mcad Law Firm, 24 Walter Martin Rd, NE, Suite 201, Fort Walton Beach, Florida, agree that they release, Page 2 of 4 disclaim, and relinquish any rights and forever discharge the County including its current and past Commissioners, officials, officers, directors, employees and agents, whether in their official or individual capacitics, from all claims, causes of action, rights, demands, charges, complaints, grievances, or other suils whatsoever, whether in law or equity, as a result of any loss, known or unknown at this time, or which hereafter may become known, occasioned by, arising out of or related, directly or indirectly, to any encroachiment on a portion of Lot 9, Block 10, Bayview Subdivision by the County resulting from the County’s paving of its right-of-way through Block 10 of Bayview Subdivision. The Property Owners agree that they have read all terms and provisions hereof and such terms and provisions are fully understood and voluntarily accepted by the Properly Owners and the Property Owners have becn represented by counsel of their choice, 6, Entire Agreement, This Agreement and Release contains the entire agreement between the parties hereto, and the terms of the Agreement and Kelease are contractual and nol a mere recital, 7. Recording. This document will be recorded in the official records of Okaloosa County upon execution by all parties. EXECUTED this day of , 2014, STATE: Florida COUNTY: Okaloosa OKALOOSA COUNTY Charles I, Windes, Jr., Chairman, Board of County Commissioners Okaloosa County, Florida APPROVED AS TO FORM: County Attorney ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT By: Deputy Clerk Page 3 of 4 DESIREE S KING EXPIRES JULY 4 2045 BONDED THROUGH RULIHSURANCE COMPANY SUBSCRIBED AND SWORN TO before meonthis |/ day of JUNE ,, 2014. ( wun AZA Wotaiy Piiblic, Stale/ af ECLA | Large COMMISSION # FE91614 My Commission Expires: (ea Jobs, Mead, as attorney for Property wners PROPERTY OWNERS | Oe 2 a ” ee aaa ee : Timothy W Smith Sign, print, or stamp Notary Name Commission Number Shasemmc&. Sharon L. Smith SUBSCRIBED AND SWORN TO before inc on this Ab day of Jl ANE, 2014. (han A*) Nolary Public, State of “FROG At _ 1 Large Sign, print, or stamp Notary Name My Commission Expires: Conunission Number DESIREE S KING COMMISSION # EE91614 EXPIRES JULY 4 2015 BONDED THROUGH RU INSURANCE COMPANY Page 4 of 4