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

Lk [ A, S""., C.wr[ NT N SANTA ROSA SOUND W* E 5 SCALE: 1>> = 100' City of Fort Walton Beach Engineering Division BOARDWALK EASEMENT SCALE IN FEET AT PRESIDIO CONDOMINIUMS 100' 0 100' 200' 128 MIRACLE STRIP PKWY. SW 1""""" 10..-_ JULY 27, 2006 EASEMENT # Plott. d Thu. 03 Aug 2006 - 6: 160m C: \ DPT020E\ DWG\ SW\EZYr. SCALE 1" = sldlo.Boo.rdwolk. dw 100' IDG Nancy McDonald From: Toni Craig [ toni@tlcpa. gccoxmail. com] Sent: Tuesday, September 12. 200611 :34 AM To: Nancy McDonald Subject: Presidio Easements Nancy The easement documents that you emailed me on 18 August are approved as to form and legal sufficiency. Thank you. Toni L Craig Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243- 6969 Fax ( 850) 244 8929 Classroom: 2264 HWY 87 Navarre FL 32566 850) 936-4269 The contents of this email may be attorney-client privileged and not a matter of public record. If you are uncertain, do not disseminate until you ask me. Presidio Easement Reviews Page 1 of2 Nancy McDonald From: Nancy McDonald Sent: Tuesday, August 22, 20068: 57 AM To: Peggy Fowler Subject: FW: Presidio Easement Reviews Peggy, If you could send something to me to forward to Toni on the boardwalk easement, I would appreciate it. I will send her a PW Engineering review regarding the sidewalk/ utility easement. Thanks, Nancy Original Message----- From: Toni L. Craig [ mailto: attycrg@aol.com] Sent: Friday, August 18, 2006 3: 09 PM To: Nancy McDonald Subject: RE: Presidio Easement Reviews Please pdf or fax the conditions of approval. Toni L. Craig Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243-6969 Fax: ( 850) 244-8929 The contents ofthis message may be attorney- client privileged. Do not disseminate to any other person and please ask if you are uncertain. . Original Message----- From: Nancy McDonald [ mailto: nmcdonald@fwb. org] Sent: Friday, August 18, 2006 11: 08 AM To: AttyCrg@aol.com Cc: Thomas Murray; Missy McKim; Peggy Fowler; Joyce Shanahan Subject: Presidio Easement Reviews Presidio- Boardwalk- ToniAppd. doc>> << Presidio- Water-ToniAppd. doc>> EZ_ Presidio _SW. pdf>> << EZ_ Presidio _Boardwalk. pdt>> Toni, Please review the attached easements for form and legal sufficiency. Both easements are on the Presidio Condominium property at 124 Miracle Strip Pkwy. 8/ 22/2006 Presidio Easement Reviews Page 2 of2 SW. The sidewalk and utility easement along Hwy. 98 was a condition of approval by Public Works during permit review. The developer chose to provide the boardwalk in exchange for density points for the development. Both documents are written from the latest format you have provided. . I incorporated changes to the boardwalk easement from the one you recently revised for Indianola. After your review I will present the 2 easements to the owner for execution. If he is satisfied with the documents and signs, I will present them to Council for acceptance. Please let me know if you need any further information. Thanks you, Nancy Nancy E. McDonald City of Fort Walton Beach Public Works Dept. P. O. Box 4009 Fort Walton Beach, FL 32549 850- 833- 9930 850- 833- 9926 Fax 8/ 22/ 2006  CITY COUNCIL MEETING October 9, 2007 Regular Agenda Consideration of a request to accept an easement from Habitat for Humanity for utilities, sidewalk and streets on property located at 101 Harbeson Ave Public Works Director) Council Action 1 st 2nd Vote: 5 Agenda Item Number:  City of Fort Walton Beach, Florida Memorandum DATE: October 3, 2007 TO: Joyce Shanahan, City Manager FROM: Thomas Murray, Public Works Director SUBJECT: Habitat for Humanity - Street, Utility and Sidewalk Easement Backe:round: Habitat for Humanity has recently acquired property at 101 Harbeson Avenue SE. Upon review of the site documentation, it was discovered that the Harbeson Avenue/ Third Street intersection encroached onto the property. It was further discovered that overhead power line and a telephone pedestal also encroached. Discussion: In order for repair crews to perform maintenance and repair activities on the road and utilities, an easement is needed for them to gain the access they require. The owner has agreed to grant an easement on the north side of the property to facilitate maintenance, repair and upkeep of the road and utilities. The easement has been reviewed and approved by the City Attorney as to form and legal sufficiency. Recommendation: Respectfully request that the City Council accept the Grant of Easement from Habitat for Humanity of Okaloosa County, for streets, utilities and sidewalks on their property at 101 Harbeson Avenue SE Prepared Bv: t>! ': 3/ 0'7 I Datd Reviewed and Submitted By: Thomas Murray, P. E. 0/ 3/ 07 Date Public Works Director Reviewed and Concur: lD/~) trJ- Date Attachment: Grant of Easement Approval by City Attorney ( e- mail) U:\ Public Works Admin\ CC Agenda\ cc. 071 009. Habitat for Humanity. Easement.doc GRANT OF EASEMENT STATE OF FLORIDA COUNTY OF OKALOOSA This indenture made on this ' 3 ~..:!! day of D t!. Tti.':.J2__ , 2007, by and between HABITAT FOR HUMANITY OF OKALOOSA COUNTY, whose mailing address is 99 Eglin Pkwy. NE Suite 12, Fort Walton Beach, FL 32548, " Grantor"; and the CITY OF FORT WALTON BEACH, FLORIDA, a Municipal do Grantee... Corporation, whosemailingaddressisP. 0. Box4009. FortWaltonBeach. FL32549... hereby mutually covenant: WHEREAS, Grantor is the owner in fee simple of that certain property described as: Lot 1, Block 1, Central Addition to Fort Walton Beach, according to the plat thereof, as recorded in Plat Book 2, Page 36 of the Public Records of Okaloosa County, Florida 2006 Okaloosa County ParcellD No. 13- 15- 24- 0380- 0010 WHEREAS, Grantor is desirous of granting to Grantee, and Grantee is desirous of accepting for AND public benefit, an easement for construction, maintenance and service of STREETS, SIDEWALKS UTILITIES on, over, under, above and across said property of Grantor. NOW, THEREFORE, for and in consideration of the sum of Ten and no/ 100 Dollars ($ 10. 00) and other valuable considerations, receipt whereof is hereby acknowledged, Grantor does hereby grant unto its and legal representatives, a described easement varying from Grantee, successors, assigns approximately four ( 4) to ten ( 10) feet wide for the purpose of constructing, maintaining and servicing streets, sidewalks and utilities and the right of egress and ingress necessary to effectuate the purpose of this easement, on, over, under, above and across Grantor' s described property, which said easement being particularly described as: Beginning at the northwest corner of Lot 1, Block 1, Central Addition for the Point of Beginning of the easement to be described; proceed North 89 degrees 52 minutes 29 seconds East along the north line of said Lot 1 a distance of 140. 00 feet to the northeast corner of said Lot 1; thence South 00 degrees 00 minutes 00 seconds West along the east line of said Lot 1 a distance of 4. 50 feet; thence South 87 degrees 20 minutes 54 seconds Page 1 of3  West a distance of 140. 15 feet to a point on the west line of the said Lot 1; thence North 00 10. 68 degrees 00 minutes 00 seconds East along the west line of said Lot 1 a distance of feet, more or less, to the Point of Beginning. Said tract containing 0. 024 acres, more or less. after the Grantee hereby covenants, by acceptance of this easement, to place Grantor' s property, construction, maintenance and servicing of said storm drain facilities, in the same or better condition as said property was in before commencement of construction. IN WITNESS WHEREOF, Grantors have hereunto set their hand and seals. WITNESS: GRANTOR: Habitat for Humanity of