Fort Walton Beach Council agenda — 11-28-2006 ‎(regular)‎ — reading text

the Gibson described property. If approved, funds for construction are available in account # 001- 1000- 572- 4650 Grounds Maintenance. Submitted by: lb Parks and Recreation Director J 1- 13 - 0' Date Reviewed & Concurred: tJ/ Ob 1// L- Date Comments: Jeff/ Gibson Property Easement AGREEMENT FOR GRANT OF TE~ ORARYEASEMENT STATE OF FLORIDA OKALOOSA COUNTY This Agreement is made on date executed below by and between Gibson Properties, Inc., a Florida Corporation, whose mailing address is 903 The Masters Blvd, Shalimar, FL 32579, " Gibson;" and the City of Fort Walton Beach, Florida, a Municipal Corporation, whose mailing address is PO Box 4009, Fort Walton Beach, FL 32549, City." WHEREAS, Gibson is the owner in fee simple of the certain real property located at 202 Ferry Road SE, Fort Walton Beach, Okaloosa County, Florida, more particularly described as: Parcel ill No. 24- 2S- 24- 0000- 0099- 0000 For a Point of Beginning, begin at a point on the North line of Section 24, Township 2 South, Range 24 West, Okaloosa County, Florida, that is 2752. 0 feet East of the northwest comer of said Section 24; thence South 495. 37 feet to the north right-of-way line of Highway 98; thence East along right-of-way a distance of 59. 0 feet; thence North a distance of 60.20 feet; thence East a distance of 3. 0 feet; thence North a distance of 438. 0 feet to the north line of Section 24; thence West along North line of said Section a distance of 62.0 feet to the Point of Beginning, except parts leased out. WHEREAS, the City desires to use a portion of that property to install a path, sidewalk., or walkway, to provide patrons access to the City Library from the direction of Ferry Road; WHEREAS, Gibson is willing to permit such use of the property. Therefore, the parties do hereby mutually covenant: 1. Gibson does hereby grant unto the City, an easement and right to use of a ten (l0) foot strip of land more particularly described as: A 10. 0 foot easement through the above described property, the centerline of which is described as follows: Commence at a rod and cap marking the northwest corner of the above described property, proceed South along the west line of said property a distance of 161.57 feet for the Point of Beginning of said centerline; thence East a distance of 62. 0 feet to the Point of Terminus on the east lin&faid property. " Easement" dn~ rm.~~~ M/ fr9:r 2. The City is desirous of accepting for the public benefit, such easement for ingress and egress, over the property. 3. The City shall use that easement to accommodate the maintenance, construction, and service of a public walkway for the purpose of ingress and egress, across Gibson' s property . 4. Such easement shall be for the public benefit. The City agrees to light the walkway and specifically mark and designate the walkway by signage, rope, fence, or other conspicuous material. 5. Such easement may be cancelled upon written notification of Gibson or the City, at least thirty ( 30) days prior to the date of cancellation. Upon cancellation, the City agrees to return the easement area to a condition as close to its original condition as possible. 6. The City hereby agrees to release Gibson from all released claims in connection with this easement. " Released Claims" means any and all claims, demands, causes of action, actions, rights, liabilities, contract obligations, damages, attorneys' fees, costs, torts, suits at law or in equity or otherwise, whether direct or indirect and include, without capacity as the City Mayor and the City Clerk, and by proper authorization of the Council of the City of Fort Walton Beach, did execute this instrument in the name of the Florida., of City Fort Walton Beach, Florida. Notary Public Prepared By: Toni L.Craig, Attorney at Law, Fla. Bar No. 115444 244 Racetrack Rd NE, Fort Walton Beach, FL 32547 limitation, all claims alleged or that could have been alleged arising out of any injuries or damages that may occur due to patrons traversing the property. IN WITNESS WHEREOF, the parties have hereunto set their hand and seals. WITNESSES: Gibson Properties, Inc. A;J~ V, P. Si ture ohn M. GIbson, Its Vice President Dixie D. MacDonald print or type full name) Si~~~ Helen A. Spencer print or type full name) The fore oing instrument was acknowledged and executed before me on the ~ day of , 2006, by John M. Gibson, as Vice President of Gibson Properties, Inc. 4A~ jI 9,-, No ublic t~.."", . . r~ f:. Dixie D. MacDonald r~ i MY COMMISSION # D0251439 EXPtIIES October 15, 2007 Personally known Ri(,r,... SONDED THRU TROY FAIN IHSUllANCE, INC Produced Identification: City of Fort Walton Beach Attest: Helen Spencer Michael G. Anderson City Clerk Mayor Before me, the undersigned authority, on the _ day of 2006, personally appeared Michael G. Anderson and Helen Spencer, in their representative  10' WALKWAY EASEMENT TO FWB PU BLIC LIBRARY P. O. B. OF PROPERTY ROD & CAP) NORTH LINE OF SECTION 2752. 0' EAST 62. 0' l NW CORNER SEC 24- 2S- 24W IF--. 1- Lt1 O~ EAST 62. 0' IJJ.... CENTERLINE OF 10' EASEMENT - 1 10' WALKWAY EASEMENT P. O. T. OF EASEMENT P. O. B. OF EASEMENT FORT WALTON BEACH o F--. PUBLIC LIBRARY M 0 Lt1 cO o 0\ M c::: t '< t I ~ LEASE) ( I 5~ o 0 c::: IJJ Z LEGEND W o LL. Lt1 R/ W RIGHT- OF- WAY P. O. B. POINT OF BEGINNING P. O. T. POINT OF TERMINUS SEC SECTION LEASE) o Lt1 EAST 3. 0' r"!~ 00 It) Z 59. 0' N. R/W EAST K HWY. 98 THIS IS