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

installation of a public sidewalk and utilities along the south side of Miracle Strip Parkway, and an easement for a public boardwalk to be constructed along Santa Rosa Sound with access from Miracle Strip Parkway for City crews to maintain, service, etc. the boardwalk. Discussion: Two easements were granted on September 4, 2007, to the City of Fort Walton Beach by Presidio Developers, L.L.C., owners ofthe property. One easement is 5 feet wide along Miracle Strip Parkway for public sidewalk and utilities. The other is 10 feet wide along Santa Rosa Sound for a public boardwalk with an ingress and egress easement 10 feet wide from Miracle Strip Parkway to the boardwalk easement to provide city crews access to maintain, service, etc. the boardwalk. Both easements were reviewed and the approved by City Attorney as to form and legal sufficiency. Recommendation: Respectfully request that the City Council accept the Grants of Easements from Presidio Developers, L.L.C. for sidewalk and utilities along the south side of Miracle Strip Parkway and a boardwalk along Santa Rosa Sound on the Presidio Condominium property, and authorize the Mayor to execute both easements. CA- b'f Prepared Bv: J x4~~, B. Geurfu, P. E. lI) Dattl J~ I h-, City Engineer Reviewed and Submitted By: o/ zlo? Thomas Murray, P. E. Date Public Works Director Reviewed and Concur: lO( 310T Date Attachments: Grant of Easement - SidewalklUtilities Grant of Easement - Boardwalk Approval by City Attorney U:\ Public Works Admin\ CC Agenda\ cc. 071 DOg. Presidio Easements.doc GRANT OF EASEMENT STATE OF FLORIDA COUNTY OF OKALOOSA V-/ This indenture made on this ~ day 200~ by and between PRESIDIO DEVELOPERS, L.L.C.,whose mailing addr ssis323 Page Bacon Road, Suite 17, FLORIDA, Mary Esther, FL 32569, " Grantor"; and the CITY OF FORT WALTON BEACH, a Municipal Corporation, whose mailing address is P. O. Box 4009, Fort Walton Beach, FL 32549, " Grantee", do hereby mutually covenant: WHEREAS, Grantor is the owner in fee simple of that certain property described as: 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 Poi~t of Beginning. 2006 Okaloosa County Parcel ID No.: 23- 2S- 24- 221A- 0000- 0280 23- 2S- 24- 221A- 0000- 0300 23- 2S- 24- 221A-0000- 030A WHEREAS, Grantor is desirous of granting to Grantee,,. and Grantee is desirous of accepting for public benefit, an easement for construction, maintenance and service of sidewalk and utilities on, over, under, above and across said property of Grantor. NOW, THEREFORE, for and in consideration of the sum of Ten and no/lOO Dollars 10. 00) and other valuable considerations, receipt whereof is hereby acknowledged, Grantor does hereby grant unto Grantee, its successors, assigns and legal representatives, a described easement five feet wide for the purpose of constructing, maintaining and servicing sidewalk 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: 1-  The North five ( 5) feetof the above described property, as measured perpendicularly to the north line of said property, also being the southerly right- of- way line ofD.S. Highway 98 ( State Road No. 30). Grantee hereby covenants, by acceptance of this easement, to place Grantor' s property, after the in construction of said sidewalk and utilities, in the same, or better condition as said property was before commencement of construction. IN WITNESS WHEREOF, Grantors have hereunto set their hand and seals. WITNESS: GRANTOR: 11 G\J~' L C'l tQD bAec1C ess lj\ Signature . Printed Name bt 0~ ffi\)::, 2ftk~ 1~ UM-~ Witness Signature eeL' 0 le..- \ j C/J 0... () ~,,'( Printed Name The instrument acknowledged and executed before me on foregoing was l--\ l ' 20oJ, by Gary McMichael, Manager and the proper representative for Presidio Developers, L.L. C.. COP, Q).( ~\ Notary Public Jew. ~ J-<+. My Commission Expires~ i.D, i" :: l. ro4 X Personally Known Produced Identification: OF FLORIDA N~ O'fARY PUBUC. STATE Prepared by: 1" Van Bmen Carole Nancy E. McDonald commission # DD429964 30, 2009 City of Fort Walton Beach E ires: JUNE Co., Inc. Engineering Division Bon d e d ......_~ llUU dantit Bonding P. O. Box 4009 Fort Walton Beach, FL 32549 2-  SIDEWALK & UTILITY EASEMENT AT PRESIDIO CONDOMINIUMS 128 MIRACLE STRIP PKWY. SW i\ fIRACLE S"' RIP PAR HW" /( WAY SW 98) 5' ........ SIDEWALk - - - __ TlUT'( EAS &:, - - I EMEtyT I I I I PRESIDIO CONDOS 128 MIRACLE STRIP PKWY: SW I LOT 32 LOT . 31 I LOT 29 LOT 30 I I I SEABREEZE SID I I N W* E