Fort Walton Beach Resolution — 2022-07--Accepting Hospital Road from Okaloosa County — reading text

RESOLUTION 2022- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING A TRANSFER OF TITLE OF PUBLIC RIGHT-OF-WAY KNOWN AS HOSPITAL ROAD FROM OKALOOSA COUNTY; ANNEXING THE HOSPITAL ROAD RIGHT-OF-WAY INTO THE CITY LIMITS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Okaloosa County (" County") maintains and owns a road known as Hospital Road; and WHEREAS, the City requested, and the Okaloosa County Board of County Commissioners ( BOCC) agreed to do as evidenced in Okaloosa County Resolution No. 22- 50. adopted May 3, 2022, and in the deed to transfer its interest in Hospital Road; and WHEREAS, the City now finds it in its best interest to consent to and accept the County' s Resolution and County deed transferring ownership of Hospital Road from the County to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: Section 1. Purpose & Intent. The City hereby consents to the transfer from the County of a roadway known as Hospital Road and more particularly described as follows: Beginning at a 5/ 8" iron rod, no identification #, marking the Southwest corner of the Southeast '/ of the Northeast '/<, Section 34, Township 1 South, Range 24 West, Okaloosa County, Florida; thence North 02127' 56" East 629.66 feet to the Southerly right of way line of State Road # 189( Lewis Turner Boulevard)( R/ W varies); thence North 65137' 35" East 74. 21 feet along said Southerly right of way line to the East right of way line of Hospital Road(R/ W varies); thence along said East right of way line, South 02127' 56" West 662. 79 feet; thence South 87032' 02" East 5. 06 feet to a''/ i" capped iron rod, LS4585; thence South 01159' 45" West 431. 46 feet to a 5/ 8" capped iron rod, identification # illegible, marking the North right of way line of Mar -Walt Drive(66. 0' R/ W); thence North 88035' 58" West 65. 79 feet to a '/ 2" iron rod, no identification #, marking the West right of way line of Hospital Road; thence along said West right of way line, North 01" 59' 29" East 431. 80 feet to a '/ 2" iron rod, no identification #; thence North 84053' 37" West 5. 42 feet to the Point of Beginning. Section 2. Transfer of Title to Public Rights -of W - ay The City agrees to accept ownership, operate and maintain the Hospital Road right-of- way identified in the Okaloosa County Resolution and deed. With acceptance of the Hospital Road right-of-way from Okaloosa County, Hospital Road shall be annexed into the City limits of the City of Fort Walton Beach.  RESOLUTION 2022- 7 Section 3. Effective Date. This Resolution shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted: au Ric-hardRynearson, M or Attest: Approved for form, Kim M. arnes, City Cle-'  RESOLUTION NO. 22- 56 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY; MAKING VARIOUS FINDINGS; APPROVING THE TRANSFER OF THE COUNTY' S INTEREST IN THE RIGHT- OF-WAY KNOWN AS HOSPITAL ROAD IN FORT WALTON BEACH, FLORIDA TO THE CITY OF FORT WALTON BEACH, FLORIDA; AUTHORIZING THE CHAIRMAN TO SIGN DOCUMENTS NECESSARY FOR THE TRANSER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Okaloosa County, Florida ( the County") is the owner of certain right-of-way commonly known as Hospital Road in Fort Walton Beach, Florida, a depiction of which is attached as Exhibit " A"; and WHEREAS, the County acquired ownership of the right-of-way in part via deeds found in Official Records Book 769 Page 175, Book 3522, Page 4495, and part via possession, operation and maintenance pursuant to § 95. 361, Florida Statutes; and WHEREAS, the City of Fort Walton Beach, Florida (" City") has requested the County to transfer its interest in the right-of-way to the City, a municipality of the State of Florida; and WHEREAS, Section 18- 5( 4), Article II, Chapter 18, Okaloosa County Code of Ordinances and section 125. 38, Florida Statutes, authorizes the County to transfer its interest in property to another governmental entity; and WHEREAS, the County now finds it in the best interest of the County to transfer any and all of its interest in Hospital Road to the City which shall be responsible for any and all maintenance and operation of the roadway. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Okaloosa County as follows: SECTION 1— RECITALS AND FINDINGS 1. The above recitals are true and correct and incorporated herein. 2. The Right -of W - ay known as Hospital Road in Fort Walton Beach, Florida, a depiction of which is attached as Exhibit "A" (hereinafter the " Property") and incorporated herein by reference, is required for use by the City, a municipality in the State of Florida. 3. The purpose for which the Property is to be used is for right-of-way and other appropriate public purposes. 4. The Property is not needed for County purposes. 5. The County has determined that no purchase price is necessary for the transfer as such transfer  will benefit the general welfare of the public and remove the Property from the County' s operation and maintenance responsibilities. SECTION 2 — APPROVAL OF TRANSFER OF RIGHT- OF- WAY 1. The County hereby approves the transfer of any and all interest it may have in the right-of-way known as Hospital Road in Fort Walton Beach, Florida (see Exhibit " A" hereto) to the City, contingent on the City' s adoption of a Consent Resolution. 2. The County authorizes the Chairman of the Board of County Commissioners to execute a deed granting any and all interest and responsibilities it has in Hospital Road to the City, a copy of the form deed is attached hereto as Exhibit `B." SECTION 3 —EFFECTIVE DATE. This Resolution shall be effective upon adoption of a Resolution of Consent by the City and recording of the Resolution of Consent with attachments and the attached deed in the Official Records of Okaloosa County, Florida. DULY ADOPTED by the Board of County Commissioners this 3, d day of May, 2022. BOARD OF COUNTY COMMSSIONERS OF OKALOOSA COUNTY, FLORIDA ATTEST: Digitally signed by JD Peacock II Date: 2022. 05. 12 07. 14. 21 _ 0s,00, J. D. Peacock 11, Clerk Mel Ponder, Chairman `,,, M APPROVED AS TO FORM: Lynn M. PaK F rj dory wCwnp. mm. Hoshihara Lynn M. Hoshihara County Attorney  Exhibit " A" Hospital Road, Fort Walton Beach, Florida highlighted in blue) Exhibit " B" County Deed THIS DEED 1S EXEMPT FROM DOC STAMPS SEE SECTION 201. 24, FLORIDA STATUTES THIS INSTRUMENT PREPARED BY: Kerry A. Parsons, Esq. Nabors, Giblin & Nickerson, P. A. 1500 Mahan Drive, Suite 200 Tallahassee, FL 32308 850) 224- 4070 Parcel County: Okaloosa Parcel Id: Hospital Road, Fort Walton Beach DEED OF CONVEYANCE BY COUNTY THIS DEED, pursuant to Florida Statutes, Section 125. 411, made this 3, d day of May, 2022 by Okaloosa County, a political subdivision of the State of Florida, party of the first part, and the City of Fort Walton Beach, a municipal corporation of the State of Florida, party of the second part. WITNESSETH that the said party of the first part, for and in consideration of the sum of 10. 00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his or her heirs and assigns forever, the following described land (" the property") lying and being in Okaloosa County, Florida: Beginning at a 5/ 8" iron rod, no identification #, marking the Southwest comer of the Southeast %4 of the Northeast 1/ 4, Section 34, Township 1 South, Range 24 West, Okaloosa County, Florida; thence North 02027' 56" East 629. 66 feet to the Southerly right of way line of State Road # 189( Lewis Turner Boulevard)( R/ W varies); thence North 65037' 35" East 74.21 feet along said Southerly right of way line to the East right of way line of Hospital Road( R/ W varies); thence along said East right of way line, South 02127' 56" West 662. 79 feet; thence South 87132' 02" East 5. 06 feet to a'/ 2" capped iron rod, LS4585; thence South 01059' 45" West 431. 46 feet to a 5/ 8" capped iron rod, identification # illegible, marking the North right of way line of Mar -Walt Drive( 66.0' R/ W); thence North 88035' 58" West 65. 79 feet to a %z' iron rod, no identification #, marking the West right of way line of Hospital Road; thence along said West right of way line, North 01159' 29" East 431. 80 feet to a'/ 2" iron rod, no identification #; thence North 84153' 37" West 5. 42 feet to the Point of Beginning. 5  For purposes of Right -of -Way and other public uses, with the responsibility of operation and maintenance. The party ofthe first part reserves for itself, and any and all licensed utility companies, their successors and assigns a full width utility easement in the entire portion of the right-of-way hereby conveyed for the purpose of locating and maintaining public. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice Chair of said board, the day and year aforesaid. ATTEST: OKALOOSA COUNTY, FLORIDA V JD ea Qtck, Clerk of n tea,:::::;? a5_`; Mel Ponder, Chairman oc c SEAL