Okaloosa County BOCC — January 21, 2014 — H - FDEP Submerged Land Lease (2 of 2) — reading text

. .o,t Destin West Beach and Bay Resort-Bayside Master Property Owners .Assoclatlon, Inc., wr~IS' ers0u::{:::__ '. . ~ .,~\ \ \~ ~ :ld~'{)li/ I/ ;. .:$ ':ICl ........ 0'1_~ •• ' ~\SSIOt\t '" r "1.- /NO~,( P~ - "B - ' ARY SEAL] . '" ~ ..::'CJa~,\~6. .?oQ-t:i.·.. ~ PLEASE PRINT OR TYPE NA E OF NOTARY :: .~ 'l I'S'~ .~. =*: _ • • • "'1) t.n~ =. '*_. ~~~~\ '. YDD 987092 IL ..= :go :.~ ~ ~ .~ ~;.'. ~""'ldDd~ ., ~ " 1~ tO~ •• ~a~l~ .' •• ' ~ ~v,!~~ i'/,111 Vc ST"'i l'.O\,..:~" GRANTEE: II/Illi 11111\ \\\\\\ STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me of 1)1 )j·R c.. H , 2011 , by FRe b ~ ··rOL l5ed2.~( (( I , as of Destin West Marina , LLC ., who is personal ly known to me. --L..!.....L...~~::.....:::::~-W...~_ I . / /-.C--~ ...- -..- -----, ~ ifAR1' PUBLIC !N~ ARY SEAL] \.fo ~ b,--,/ (J~ . PLEASE PRINT OR TYPE N./ E OF NOTARY Page 2 Prolaw:397992  EXHIBIT 'N LEGAL DESCIUPTJON : A PORTION OF LOTS 23-A AND 23 -B, SANTA ROSA ISLAND, SUI3DlYISON OF BLOCK 13, ACCORDING TO TI-lB PLAT THEREOF HECORDED IN PLATBOOI( "', ~I..?A.QE" 8 ,4l?,, OE, THE PUBLIC RECORDS OP,OKALOOSA COUNTY j FLOIlIDA; ' MORE PARTICULARLY DESCIUBED AS COMMENCJNO AT THB SOUTHEAST , CORNER OF SAID LOT 23-8; THENCE NORTH 04°08'00" EAST ALONG THE EASTERLY BOUNDARY OF SATD LOT 23-B, A DISTANCE OF 82,00 PEET TO A CONCRETE MONUMENT ON THE NORTH IUGHT-OP-WA Y LINE or u,s, ' HIGHWAY 98, THENCE'NOR'h-I 85°50'26" WEST ALONG SAID NORTH RIGHT· OF-WAY LrNE, A DISTANCE OF 213 ,55F.):':8TTO AN lllON PIN (#2032) AND THE POINT OF BEGINNING; THENCEDEPARTD'lG SAID NORTH RlOl-:!T-OF-WAY LINE, PROCEED NORTH 08°14'00" EAST, A DISTANCE OF 555,69 FEET TO A NAIL & DISK (#4450); ON A SBAWALLALQNG TI-lECHOCTAWHATCHEE BAY; THENCE CONTINUE ALONG SAID SEAWALL THE fOLLOWING DESCRIBED COURSES A}.ID DISTANCES: NORTH 09°23'53" EAST, 39,77 FEEl; THENCE ' SOUTH 71 °29'35" EAST, 55 ,19 FEET; THENCE NORTH 81°58'13" EAST, 13,97 ". ',' FEET; THENCE NORTH 5]°]3'23" EAST,21.18 FEET; THENCE SOUTH 70°19'24" , EAST, 505,92 FEET TO A POINT ON THE EAST LINE OF SAID LOT 23 -A; , THENCE DEPARTMG SAID SEA WALL SOUTH O,\00S'03" WEST ALONG SAID EAST LINE, A DISTANCE OF 46] ,97 FEET TO A CONCRETE MONUMENT (NO , lD.) ON THE NORTH RlGHT-OP-WAY LINE OF U.S, HlGHWAY 98; THENCE CONTINUE ALONG ~AIDNORTH RTGHT-OF·WAY,NORTl-J 85°50'26" WEST, A D1STANCE OF 6.13.38 FEET TO THE POINT OF BEGlNNING. CONTAINING 7.34 ACRES, MORE OR LESS, ALL IN UNDIVIDED TOWNSHIP 2 SOUTH, RANGE 23 WEST, OXALOOSA COUNTY, FLOIUDA, LE SS AND EXC EPT: All of Sa,ndplper at Destin West Beach and Bay Resori, a Condominium, according to Ihe Declaration of CondominIum recorded on July 6, 2004, In OfficIal Records Book 2544, , pa~~ ,4612, In the Public Records of 011,lIo05a County, Florida; and " All of Pelloan at Peslln Wes t Beach and Bay Resort, a Condominium, aocording to lhe Declaration of Condomlnlulll recorded on Oclober 6, 2004, In Official Records Bool< , 2566, page 2972, in Ihe Public Records ofOi<aloosa Counly, Florida; and All of Heron al Destin Wesl Beach and Bay Resorl, a CondomInium , according 10 the Declaration or CondomInium reeordeeJ' on June 6, 2006, ,In Official Records Book 2713, page 89~, in the Pllbllc Records of ekaloosa County, Florida; and All of Osprey at Destin West Beacil and S'ay Resort, a C~ndomlnjllm, according 10 the Declaration of ,Condominium recorded on April 24, 2006, In Official Records Book 2703 page 677, In the Public Records of Okaloosa County, Florida;' and ' All of at Destin West Offloe Building, ~ Condominium , according to the Declaration of ' Condominium recorded on December H 2006, in Ollieial Records Book 2754, page 3470, In the /=>ubllc Records of Okaloosa County, Florida,  i - I ~ I I MAlUNA EASEMENT AGRE~MENT TI-IlS MARINA EASEMENT AGREEMENT is made this ~5 clay of 19 C /, 2010, in replacement of the Marina Easement Agreement recorded July 28, 2003 ("Prior Easen~ent"). in the: public records of Okaloosa County, Florida at Book 2458, Page 3076, et. seq., wblch Pnor Easement is abandoned and vacated, as evidenced by the notice of abandonment recorded in the public records of Okaloosa County concurrently herewilh. The easement gra.nted herein is by and between DESTIN WEST BEACH AND BAY RESORT-BAYSIDE PROPERTY OWNERS ASSOCIATION, INC. a Florida not-for-profit carpoI'ation (hereinafter "q!:.~I~l.<?( or "Bayside Master Association"), and DESTIN WEST MARfNA, LLC, a Florida limited liability company (hereinafter "Grantee"), for the following uses and purposes: 1ill CIT ALS : A. On November 7, 2009, Tolbert Bayside Development Company, developer of the multi-condominium project known as Destin West Beach and Bay Resort - Bayside in Okaloosa County, Florida, turned over control of the' Bayside Master Association, to Grantor. As a result and pursuant to a special warranty deed elated November 6, 20] 0, as amended or cOlTecled, Grantor became the owner in fee simple of that certain tract or parcel of real property lying and being in Okaloosa County, Florida, and being more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Propelty"). B. Grantee desires to obtain, an4 Grantor has agreed to convey, certain easements, including riparian rights, to allow Grantee to obtain a sovereignty submerged land lease from the State of Florida, ~o construct docks and boat sl ips (the "Marina Improvements") required for the development of a 29-slip (maximum) private multi-family marina (the "Marina") ill accordance with and subject to a settlement agreement dated /o-:<~.,,?o/() ,incorpol:ated herein, between Heron at Destin West Beach and Bay Resort Association, Inc., Pelican at Destin West Beach and Bay Resort Associatioll, Inc., and Grantee (hereinafter "Settlement Agreement"). The Marilla is to be constructed upon the sovereign submerged lands located immediately north of the Property, which Marina Improvements and Marina will, once constructed and the slips said only to Destin West Baysi~e residential unit owners, be Bayside Master Association common property. NOW, THEREFORE, in consideration of tile premises and other good and valuable consideration the receipt, adequacy and sufficiency of which are hereby acknowledged., the Grantor and Grantee hereby covenant and agree as follows : . 1. Recitals: The recitals set forth above are true and correct, and shall constitute and be construed as an ii1tegral part of this Easement Agreement and not merely as recitals hereto. 2. Grant of Easements: a. Grantor hereby grants and conveys to Grantee, tbe following easements . (hereinafter the "Easements"): Inslr 112666578 BK: 2958 PG:472,Page 1 0(6 Recorded 10/26/20'10 al 03:47 PM. Page 1 of 6 RECORDING: ~28.50 RECORDING .l\RTIClE V: 524.00 DEED DOCSTAMPS: $0.70 nFPUTY rei F.RI( srenpF. : :: : : : . •• ~ ... '; "LJ. ~l.crll\ OF COURTS. QK.~LOO~A COUNTY. FL ~ i ~ ,! (i) A non -exclusive temporary easement for ingress, egress and Lilli ities, and j nclud ing riparian rights, upon, over and across, the Property for the PUI'pose of allowing Grantee to consLruct a marina in accordance with the Settlement Agreement, to be located on sovereign submerged lands pursuant to a Sovereignty Submerged Land Lease, if and . when granted, by the State of Florida to Grantee; (i i) A non-exclusive easement for the construction of such II nderground utilities as may be reasonnbly required for the construction of the Marina uneler the Property; provided that the location of all utility lines nnel improvements necessary therefor shnll be approved by Grantor; anel, 3. Purpose of Easements. The Easements granted hereby are for the express purpose of providing Grantee with the necessary uplands interest in the properLy and rights for temporary ingress, egress, utilities and construction vehicle parking such that GranLee may construct the Marina to be located on the sovereign submerged lands located North of and adjacent to the Property.