Okaloosa County BOCC — June 21, 2016 — Subordination of County Utility Interest #1 — reading text

23-UTL.02-03/03 May 24, 2016 This instrument prepared by, or under the direction of, Scott Calais Department of Transportation P. O. Box 607 Chipley, FL 32428 Legal description approved by: Ron Gibson Parcel 101.3 ltem/Segment No. 4282082 Managing District 3 S.R. No. 189 County Okaloosa SUBORDINATION OF COUNTY 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 OKALOOSA COUNTY (County). WITNESSETH: WHEREAS, the County presently has an interest in land that is necessary for highway purposes and the County has facilities located on the land. WHEREAS, the proposed use of the land for highway purposes will require subordination by the County to the FDOT of the interest claimed in the land. WHEREAS, the FDOT is willing to pay to have the County's facilities relocated, if necessary to prevent conflict with the facilities on the FDOT’s project #4282082. THEREFORE, in consideration of the mutual covenants and promises of the parties, the County and the FDOT agree as follows: 1. The County subordinates to FDOT, its successors or assigns, its interest in the following described land: That part of: “Lot 2, Block 1, GAP CREEK SUBDIVISION, according to plat thereof as recorded in Plat Book 2 at Page 51 of the Public Records of Okaloosa County, Florida.”; lying within the following described boundaries: Commence at a 4 inch by 4 inch concrete monument (PRM 3051) marking the southeast corner of Lot 10, Block 2, Pryors Subdivision, as per plat recorded in Plat Book 2, Page 10 of the Public Records of Okaloosa County, Florida, being in Section 10, Township 2 South, Range 24 West, Okaloosa County, Florida; thence South 48°14’14” West 273.92 feet along the southerly line of said Lot 10 (northwesterly right of line of Oak Street [60’ platted right of way]), and the southwesterly extension thereof, to the centerline of survey of State Road 189 (Beal Pkwy), as shown on Florida Department of Transportation (F.D.O.T.) Right of Way Map F.P. No. 4282082 (said map being on file at F.D.O.T. District 3 Office, Chipley, Florida); said point being on a non-tangent curve to the right; thence from a tangent bearing of North 40°41'28” West, northwesterly and northerly along said centerline and said curve, having a radius of 1,375.39 feet, for an arc distance of 772.59 feet, through a central angle of 32°11'04”, to end of curve; thence departing said centerline of survey, run South 82°46’41” West 50.01 feet to an intersection of the existing westerly right of way line of State Road 189 with the existing southerly right of way line of Park Drive and POINT OF BEGINNING; said point being on a non-tangent curve to the left; thence from a tangent bearing of South 08°27°42” East southerly along said westerly right of way line of State Road 189 and said curve, having a radius of 1,425.39 feet, for an arc distance of 727.35 feet, through a central angle of 29°14’13” to end of curve; thence South 27°09'09” East 26.07 feet; thence South 02°43°23” West 9.04 feet along said westerly right of way line to a point on non-tangent curve to the right, thence from a tangent bearing of North 38°59'45” West, northwesterly and northerly along said curve, having a radius of 1,436.39 feet, for an arc distance of 594.96 feet, through a central angle of 23°43’56” to end of curve; thence North 15°24°21” West 72.35 feet; thence North 12°43'45" West 98.95 feet to said existing southerly right of way line of Park Drive, as shown on said Right of Way Map; thence North 82°46'41” East 17.00 feet, along said southerly right of way line of Park Drive to POINT OF BEGINNING; Containing 1,102 square feet, more or less. The interest of the County 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 8/10/77 | B.K. Sunday, et ux Okaloosa County OR 924 PG 217 2. The County 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 County 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 wthin 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 County, and all payments and reimbursements by the FDOT to the County, 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 County. 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 County 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 County agrees to repair any damages to the FDOT facilities resulting from the act or omission of the County. 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 Barbie Pettis 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. Deborah H. Barbee Notary Public in and for the County and State last aforesaid. My Commission Expires: August 1, 2018 Serial No., if any: FF 142353 ACCEPTANCE THE GRANTEE HEREBY accepts this Grant of Easement and agrees to be bound by its terms. DATED: day of ,20_ . GRANTEE: Okaloosa County Board of County Commissioners By: CHARLES K. WINDES, JR. Chairman of the Board Board of County Commissioners, Okaloosa County Attest: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this __ day of ,20__, by , who is personally known to me or who has produced as identification. Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: UTL.03 May 24, 2016 This instrument prepared by, or under the direction of, Scott Calais Department of Transportation P. O. Box 607 Chipley, FL 32428 Parcel 101.3 ltem/Segment No. 4282082 Managing District 3 S.R. No. 189 County Okaloosa RESOLUTION ON MOTION of Commissioner , seconded by Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 189, Financial Project No. 4282082, in Okaloosa County, Florida: and WHEREAS, it is necessary that certain easement rights now owned by Okaloosa County be subordinated to the rights of the State of Florida Department of Transportation: and WHEREAS, said subordination is in the best interest of the County: and WHEREAS, the State of Florida Department of Transportation has made application to said County 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, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, 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 Okaloosa County, should be drawn and executed by this Board of County Commissioners. 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 Chipley, Florida. Charles K. Windes, Jr. STATE OF FLORIDA Chairman, Board of County Commissioners COUNTY OF OKALOOSA I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of Okaloosa County, Florida at a meeting held on the ___dayof ,20__. J. D. Peacock II Clerk Board of County Commissioners Okaloosa County, Florida