Fort Walton Beach Council agenda — 10-09-2007 regular agenda — reading text

5 SANTA ROSA SOUND SCALE: 1" = 100' City of Fort Walton Beach Engineering Division SIDEWALK & UTILITY EASEMENT SCALE IN FEET AT PRESIDIO CONDOMINIUMS 100' o 100' 200' 128 MIRACLE STRIP PKWY. SW JULY 27, 2006 EASEMENT # Plotted Thu, 27 Jul 2006 - 2: 26pm C: \ OPT020E\ DWG\ SW\ EZ.J'resldlo_ SW. dwg SCALE 1" = 100' lOG  GRANT OF EASEl\IENT ST ATE OF FLORIDA COUNTY OF OKALOOSA h TBIS GRANT OF EASEMENT made and entered into on this ~ day of be.~ Y'! 1'\ 2001, by and between PRESIDIO DEVELOPERS, L.L.C., wliose mailing address is 323 Page Bacon Road, Suite 17, Mary Esther, FL, 32569, " 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 hereby mutually covenant: WHEREAS, Grantor is seized in fee simple and in possession of lands described as: SEE EXHIBIT A WHEREAS, Grantor has agreed to grant to the City easements over, upon, above, under and across the land described in Exhibit A for the purposes and in the manner expressed herein. NOW, THEREFORE, for and in consideration of the sum ofTen 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: 1.A non- exclusive public boardwalk easement, ten feet, more or less, ( 1O'::!: ) in width the s southern boundary, approximately parallel to, meandering along, and along property' near the safe uplands of the land described in Exhibit A, for the purposes of laying, constructing, operating, using, inspecting, maintaining, servicing, repairing, replacing, substituting, relocating or removing a public boardwalk and its associated improvements and amenities. The City shall have the right to determine the exact location of such boardwalk so that each section of boardwalk shall join the adjacent boardwalk and to place such boardwalk in accordance with federal, state, and local laws as applicable. The City covenants and agrees to be responsible for the cost and expense associated with the repair, replacement and maintenance of the boardwalk improvements and amenities within this easement and situated thereon. 2. Further, an easement for ingress and egress across, over, above, under and upon the land described in Exhibit A for any and all purposes necessary or convenient to the exercise of the rights granted to the City relating to the boardwalk easement. The easement granted in this paragraph shall not create any rights for public ingress and egress. The easement granted in this paragraph and the rights associated with it shall in no way adversely affect any improvements nor unreasonably interfere with the Grantor' s use and enjoyment of the land situated outside the boardwalk easement described in paragraph 1 above. 1  3. Further, an easement, for the public benefit, for ingress and egress to the boardwalk often feet ( 10') in width, over, upon, and above the land specifically described as: SEE EXHIBIT B 4. The parties hereto recognize that certain activities on adjacent sovereign submerged lands may require the Grantor to convey a conservation easement to the Board of 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: Ct.. AJJ\ Ct~ I)~"- GRANTOR: Presidio Developers, L.L.C. Witn ss Signature e.. n o.-" Printed Name A\. \ DD~ C:Jb( B Jl CP~-- \ SignatureJ~ Witness l^ .~-' Vet {1 ~ 1 /L-- rUl Printed Name The foregoing instrument acknowledged before me this ~ was day of 20cJff, by Gary McMichael, Manager as and proper representative for Presidio Developers, L.L. C.. L lJ~~ Notary Public Personally known:~ OR Produced Identification: Type of Identification Produced: OF FLORIDA Prepared by: NOTARY PUBliC- STATE carOle L. Van Buren Nancy E. McDonald commission # DD429964 City of Fort Walton Beach 30, 2009 Expires: JUNE Bonding Co., lnc. Engineering Division Bonded Thru Atlantic PO Box 4009 Fort Walton Beach, FL 32549 2  EXHIBIT " A" Lots 29, 30, 31, and 32, Seabreeze Subdivision, according to the plat thereof on file in Plat Book 1, Page 22, in the Office of the Clerk of the Circuit Court, Okaloosa County, Florida. And including, that portion of Lot 28, said Seabreeze Subdivision, being further described as follows: Begin at the northeast comer of said Lot 28 for Point of Beginning; thence South 55 feet along the east line of said Lot; thence South 45 degrees West to a point on the west line of said Lot; thence North along the west line to the northwest comer of said Lot 28; thence East along the north line of said Lot to the Point of Beginning. 2006 Okaloosa County Parcel ill No.: 23- 2S- 24- 221A- OOOO- 0280 23- 2S- 24- 221A- 0000- 0300 23- 2S- 24- 221A- 0000- 030A 3  EXHIBIT " B" The East 10. 00 feet of the following described portion of Lot 28 as afore- described in Exhibit" A": Begin at the northeast comer of Lot 28 of Seabreeze Subdivision, according to the plat thereof on file in Plat Book 1, Page 22, in the Office of the Clerk of the Circuit Court, Okaloosa County, Florida, for the Point of Beginning; thence South 55 feet along the east line of said Lot; thence South 45 West to a point on the west line of said Lot; thence North along the degrees west line to the northwest corner of said Lot 28; thence East along the north line of said Lot to the Point of Beginning. 4  BOARDWALK EASEMENT AT PRESIDIO CONDOMINIUMS 128 MIRACLE STRIP PKWY. SW MIRA.CLE S7"RIP PAR-I("" H""" l". AY 5"" 98) I I I I I PRESIDIO CONDOS I 128 MIRACLE STRIP PKWY: SW I I I LOT 32 I/ LOT 31 I I LOT 29 10' INGRESS LOT 30 1// EGRESS I j EASEMENT I SEABREEZE SiD I I ,- f A -- oJ 1 . PPROXIMA, T[ - - - - - - O.:f: 80A,RDWA, LOCA, TtON OF"