Fort Walton Beach Council agenda — 03-11-08 regular agenda — reading text

Date Public Works Director Reviewed and Concur: Date oy, , Shanahan City Manager Attachments: Grant of Easement Approval by City Attorney GRANT OF EASEMENT r^ r `' ``" This grant of easement is made on 2008, by and between McDONALD' S CORPORATION, a Delaware corporation, whose mailing address is One McDonald' s Plaza, Oak Brook, IL 60523, ( " Grantor "); and the CITY OF FORT WALTON BEACH, FLORIDA, a Municipal Corporation, whose mailing address is PO Box 4009, Fort Walton Beach, FL 32549, Grantee "). The parties do mutually covenant: Grantor is the owner in fee simple of that certain property ( the " Property ") described as follows: 2nd Beginning at the southernmost corner of Lot 1, Block J, Park Place, addition as recorded in Plat Book 2, Page 39 of the Public Records of Okaloosa County, Florida; 550 thence go N 26' 00" E along the northwesterly right of way line of Hospital Drive ( 60' R/ W) a distance of 198. 88 feet to a Point of Curvature of a circular curve to the right; thence go northeasterly along said curve ( R = 230. 64') an arc distance of 30. 13 feet; 900 thence go N 00° 00' 00" w a distance of 215. 32 feet; thence go, N 00' 00" W a 550 distance of 34. 00 feet; thence go S 24' 00" W a distance of 322. 27 feet to the northeasterly right of way line of Eglin Parkway ( 110' R/ W); thence go S 34° 42' 00" E along the northeasterly right of way line of Eglin Parkway a distance of 194.60 feet to the Point of Beginning. Containing 1. 314 acres, more or less. OKALOOSA COUNTY PARCEL IDENTIFICATION NUMBERS: 13- 2S -24- 0000 -0003 -0000 13- 2S- 24- 195B -000J -0010 13- 2S- 24- 195B -000J -0020 13- 2S- 24- 195B -000J -0030 Grantor desires to grant to Grantee, and Grantee is desirous of accepting for public benefit, an easement for maintenance and service of a sidewalk on, over, under, above and across a portion of Grantor's Property. Therefore, inconsideration of the sum of Ten and no /100 Dollars ($ 10. 00) and other valuable considerations, receipt of which hereby acknowledged, Grantor does hereby grant unto Grantee, its successors, assigns and legal representatives, a described easement approximately eight ( 8) feet in width for the purpose of maintaining and servicing a sidewalk and the right of egress and ingress necessary to effectuate the purpose of this easement, on, over, under, above and across a portion of Grantor's Property. The easement area is particularly described on Exhibit A which is attached and incorporated by reference. The City agrees to repair and restore the easement area pursuant to applicable provisions of the City Code of Ordinances as amended. In witness whereof, Grantor and Grantee have hereunto set their hand and seals. WITNESS: GRANTOR: McDonald' s Corporation a Delaware corporation 1, ign ture Si nature t; VW- A Print or type full name) Print Name & Title) Si nature v rcr_ 1— Print or type full name) STATE OF ILLINOI COUNTY OF- This instrument was acknowledged before me on this // ay of 2008, by C.- [ name], of McDonald' s Corporation, a Delaware corporation, on behalf of the corporation as its Personally Known Produced Ides OFFICIAL SEAL MIMED R LEBEDA NOTARY PUBLIC - STATE OF ILLINOIS I ar a NotaryPublic of Illinois . MY COWASSION EXPIRES:02/M 1 fl My Commission Expires WITNESS: GRANTEE: City of Fort Walton Beach A Florida Municipal Corporation Signature Michael G Anderson, Mayor Print or type full name) Attest: Helen Spencer, City Clerk STATE OF FLORIDA COUNTY OF OKALOOSA This instrument was accepted by the Grantee and acknowledged and executed before me on 2008, by Michael G. Anderson and Helen Spencer, in their representative capacities as Mayor and City Clerk, of the City of Fort Walton Beach, Florida. Personally Known Produced Identification: Notary Public My Commission Expires Prepared By: After recording return to: John B. Geurin, P. E Jane Twomey City of Fort Walton Beach McDonald' s Corporation Engineering Division One McDonald' s Plaza PO Box 4009 Oak Brook, IL 60523 Fort Walton Beach, FL 32549 L /C: 009 -0350; File # 04959 2-  Exhibit A Legal Description of Easement Area Ong oLZ-O Vin/ G PAa- l= 3-  DESCRIPTION AND SKETCH DRAWING w C:- I, CURVE DATA C -2, CURVE DATA c 60 C. ^? RADIUS = 25. W' RADIUS = 230,64' DEL' T' A = 74 °5349" DELTA = 07 °09' 58" Exhibit " A" c oc LENGTH = 32. 68' LENGTH = 28. 85' CHORD = 30.40' CHORD = 28. 83' ti O CHORD BEARING CHORD BEARING N 87006'26" W S 59001' 14" W r McDonalds Corporation G:1. rA4 Property o Q, d y1 5 Oy PG 1 hQ* G SCALE P'= 30' 0 l SIDEWALK 1+ CONSTRUCTION N O EASEMENT WIDTH ( VARIES) o 55 ryb 110 ": ie 0o, LEGEND 1•G C 0 7. 76` P. C. - POINT OF CURVATURE. P. T. - POINT OF TANGENCY P) - PLAT INFORMATION Cf, R/ W - RIGHT -OF -WAY el011 - C -1 - CURVENUMBER OF BEGINNING s POINT OF COMMENCEMENT INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY OF HOSPITAL DRIVE (60' R/ W) AND THE EASTERLY RIGHT -OF -WAY OF EGLIN PARKWAY (STATE ROAD # 85, 110' R/ W) ACCORDINO To THE RECORD PLAT OF PARK PLACE, 2nd ADDITION, AS RECORDED IN PLAT BOOK 2 AT PAGE 39 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA SIDEWALK CONSTRUCTION EASEMENT (WIDTH VARIES): COMMENCE AT THE PROJECTED INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY OF HOSPITAL DRIVE (6(F WW) AND THE EASTERLY RIGHT -OF