Fort Walton Beach Resolution — 2011-17--mast arms-hollywood and eglin — reading text

RESOLUTION 2011 - 17 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA TO SUBORDINATE THE RIGHTS OF UTILITY EASEMENTS ALONG STATE ROAD 85 IN ORDER TO CONSTRUCT NEW MAST ARM TRAFFIC SIGNALS AT THE INTERSECTION OF EGLIN PARKWAY AND HOLLYWOOD BOULEVARD, AND PROVIDING AN EFFECTIVE DATE. UTL.05 June 21, 2011 This instrument prepared by, or under the direction of, Timothy H. Wells Department of Transportation P. O. Box 607 Chipley, FL 32428 Legal Description prepared by: Shannon Riley Parcel 100. 3R Item /Segment No. 4193131 Managing District 3 S. R. No. 85 County Okaloosa RESOLUTION 2011 -17 ON MOTION of City Council member Dennis Reeves , seconded by City Council member Joyce gillie gossom , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 85, Financial Project No. 4193131, in Okaloosa County, Florida: and WHEREAS, it is necessary that certain easement rights now owned by the City of Fort Walton Beach, Florida, be subordinated to the rights of the State of Florida Department of Transportation: and WHEREAS, said subordination is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation the attached subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Walton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in Fort Walton Beach, Okaloosa County, Florida, should be drawn and executed by this City Council. Consideration shall be $  BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. STATE OF FLORIDA CITY OF FORT WALTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the City uncil of the City of Fort Walton Beach, Florida, at a meeting held on the ay of 20 ll. City Clerk, City ouncil City of Fort Walton Beach, Florida 23- UTL.04 -03/ 03 June 21, 2011 This instrument prepared by, or under the direction of, Timothy H. Wells Department of Transportation P. O. Box 607 Chipley, FL 32428 Legal description approved by: Shannon Riley Parcel 100. 3R Item/ Segment No. 4193131 Managing District 3 S. R. No. 85 County Okaloosa SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT is entered into on , 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) whose address is Post Office Box 607, Chipley, Florida 32428, and CITY OF FORT WALTON BEACH, FLORIDA (City). WITNESSETH: WHEREAS, the City presently has an interest in land that is necessary for highway purposes and the City has facilities located on the land. WHEREAS, the proposed use of the land for highway purposes will require subordination by the City to the FDOT of the interest claimed in the land. WHEREAS, the FDOT is willing to pay to have the City's facilities relocated, if necessary to prevent conflict with the facilities on the FDOT' s project #4193131. THEREFORE, in consideration of the mutual covenants and promises of the parties, the City and the FDOT agree as follows: The City subordinates to FDOT, its successors or assigns, its interest in the following described land: COMMENCE AT A 5/ 8" IRON ROD (NO #) MARKING THE SOUTHWEST CORNER OF THE NORTHEAST'/ 40F SECTION 13, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; SAID POINT BEING ON THE EXISTING NORTHERLY RIGHT OF WAY LINE OF HOLLYWOOD BOULEVARD ( 94.46 FOOT RIGHT OF WAY); THENCE SOUTH 89 058' 32" EAST A DISTANCE OF 219.63 FEET ALONG SAID EXISTING RIGHT OF WAY LINE TO A'' /z INCH IRON ROD 1 AND CAP LS 4770 AND POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 °58' 32" EAST ALONG SAID RIGHT OF WAY, A DISTANCE OF 41. 67 FEET; THENCE NORTHEASTERLY, ALONG SAID RIGHT OF WAY, BEING A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 27.08 FEET AND A CENTRAL ANGLE OF 29048' 45" FOR AN ARC DISTANCE OF 14. 09 FEET ( CHORD BEARING NORTH 30 °06' 40" EAST, CHORD DISTANCE 13. 93 FEET) TO THE WESTERLY RIGHT OF WAY LINE OF HIGHWAY 85 ( 110. 00 FOOT RIGHT OF WAY); THENCE NORTHERLY, ALONG SAID RIGHT OF WAY, BEING A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2134. 65 FEET AND A CENTRAL ANGLE OF 01 007' 23" FOR AN ARC DISTANCE OF 41. 84 FEET ( CHORD BEARING NORTH 25 °53' 20" WEST, CHORD DISTANCE 41. 84 FEET); THENCE SOUTH 01 ° 14' 34" WEST A DISTANCE OF 27. 93 FEET; THENCE SOUTH 35 °48' 02" WEST A DISTANCE OF 14. 88 FEET; THENCE SOUTH 65 °19' 54" WEST A DISTANCE OF 23. 20 FEET TO THE POINT OF BEGINNING; CONTAINING 793 SQUARE FEET MORE OR LESS. The interest of the City being subordinated includes, but is not necessarily limited to, the interest created by the following described document: RECORDED: INSTRUMENT DATE FROM TO BOOK/ PAGE Easement 5/ 24/ 76 Eglin National Bank City of Fort Walton OR 850 Beach, Florida PG 642 2. The City shall have the right to relocate its facilities within the FDOT right of way and the right to receive reimbursement from the FDOT for the relocation. Subsequent to the relocation, the City shall have the right to operate and maintain its facilities within the FDOT right of way, subject to the provisions of the permit and the Utility Accommodation Manual. However, any new construction or relocation, subsequent to the first relocation, shall be subject to the approval of the FDOT. (Approval shall not be withheld or delayed unreasonably.) If the FDOT does not allow the first relocation of the facilities within the right of way or should the FDOT require any subsequent relocation of the facilities, the FDOT agrees to pay the cost of such relocation, including the cost of acquiring any necessary easements. All work performed and facilities located within the right of way by the City, and all payments and reimbursements by the FDOT to the City, shall be in accordance with the FDOT' s construction plans for the project and the rules, procedures, and Utility Accommodation Manual, which are in effect at the time this agreement is executed by the City. 3. Notwithstanding the terms of this subordination agreement, the terms of the utility permits shall supersede any conflicting provisions, with the exception of the terms providing for reimbursement rights. 4. The City shall have the right to enter upon the right of way for the purposes stated in Paragraph 2. Maintenance of the facilities shall include the right to trim trees, brush, and growth, which might adversely affect the facilities, provided there are no adverse effects on the operation and safety of the FDOT's facilities. 5. Subject to the provisions of Paragraph 2 above, the City agrees to repair any damages to the FDOT facilities resulting from the act or omission of the City. 2  IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPORTATION By: Krissy Cook James T. Barfield, P. E. Title: District Secretary for District 3 Vicky Williams STATE OF FLORIDA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this _ day of , 20_, by James T. Barfield, as Secretary for District 3, who is personally known to me or who has produced as identification. Vicky L. Williams Notary Public in and for the County and State last aforesaid. My Commission Expires: February 09, 2014 Serial No., if any: DD 940774 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its City Council acting by the Mayor or Mayor Pro -Tern of said City Council, the day and year aforesaid. ATTEST: / e 4,-. n /', !' M — - I Fort Walton Beach, Florida, Helen Spencer By Its City Council City Clerk By: 4d &&= Mayor Mike Anderson or Mayor Pro -Tem) STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this 2& day of h., , 20 -, 1by 3yw Milne & City, who is a ssoona y own tom r who has produced nla as identification. 0 LARAINE VAN