Fort Walton Beach Council agenda — 11-22-05 ‎(regular)‎ — reading text

\ ,"--,! ~".,,,,,~'-' · 1" J I 2- , 16-\- \ I If) I I 1/" '\ --:::;;::::-:::------------ 1 Q) \ 0 JIiiiiW"......~  o o Beach Community Bank MBC# D1231. 0005. 00 Date: October 13, 2005 IMPROVEMENTS WITHIN FDOT R.O.W:AND 10' STREETSCAPE EASEMENT Sidewalk Pavers ( 8' sidewalk) 8, 550. 00 Pavers ( Driveway Entrance) 2, 002. 50 6, 440. 00 Existing Concrete Removal Site Preparation 1, 500. 00 Landscaping Groundcover 1, 500. 00 Sod 275. 00 Total 20, 267.50 NOTE: All Prices Relative to Current Market Values at the time of Cost Opinion. costs Page 1 File: Beach Community Bank Site 10-27- 05. xls  o o GRANT OF EASEMENT STATE OF FLORIDA COUNTY OF OKALOOSA This indenture, made on , 2005, by and between BCB Holdings, LLC, whose mailing address is: 17 Eglin Parkway SE, Fort Walton Beach, Florida, 32548, " Grantor," and the City of Fort Walton Beach, Florida, a Municipal Corporation, whose mailing address is: P. O. Box 4009, Fort Walton Beach, Florida, 32549, " Grantee," do hereby mutually covenant: WHEREAS, Grantor is the owner in fee simple of that certain property, located at 17 Eglin Parkway SE, more particularly described as: Lots 370 thfough 374, inclusive, and Lots 443 through 445, Inclusive, Ocean City Subdivision, together with the easterly 10 feet of a 20 feet wide alley, adj acent to Lots 370 and 371, and that portion of a 20 feet wide alley, lying west of Lots 372 and 374 and east of Lots 443, 444, 445, Ocean City Subdivision, vacated by City of Fort Walton Beach Ordinance # 1341, less and except road right- of-way. 2005 Parcel ID Number: 13- 2S- 24- 1910- 0370- 0000 WHEREAS, Grantee approved and Grantor accepted a City of Fort Walton Beach Matching 4........ Streetscape Grant whereby Grantor is required to construct, maintain and service streetscape improvements, including but not limited to, placing landscape materials, pavers, tree grates, irrigation electrical wiring, systems, benches, trash receptacles, bollards, decorative light fIxtures and associated and overhead utilities underground, and constructing sidewalks. WHEREAS, Grantor is desirous of constructing, maintaining and servicing said streetscape improvements for public use on said property of Grantor. NOW, THEREFORE, for and in consideration ofthe City of Fort Walton Beach Matching Grant funds for the construction of streetscape improvements and the perpetual maintenance Streetscape and servicing of same, Grantor does hereby grant unto Grantee, its successors, assigns and legal and the right of representatives, for the purpose of the public enjoyment of the streetscape improvements effectuate the of this easement, a ten foot ( 10') easement on egress and ingress necessary to purpose Grantor' s property, more particularly described as: The westerly ten feet ( 10') of the above- described property, as measured at right angles from the westerlylot line of said property, also being the easterly right-of-way line of Eglin Parkway State Road 85, 110' right-of-way).  o o IN WITNESS WHEREOF, Grantors have hereunto set their hand and seals. WITNESS: GRANTOR: Signature Signature A.Anthonv Hue:hes. Ree:istered Ae:ent BCB Holdine:s. LLC Print or Type full name) Print or Type full name) Signature Print or Type full name) The foregoing instrument was aclmowledged and executed before me on 2005, by John Mark Gibson, Vice President, Grantor. Notary Public Personally lmown Produced Identification: Prepared by: Peggy Fowler City of Fort Walton Beach Community Development Services Department PO Box 4009 Fort Walton Beach, FL 32549  o o 111111110.., STREETSCAPE MAINTENANCE AGREEMENT State of Florida County of Okaloosa This Agreement is entered into on , 2005, by and between BCB Holdings, LLC, " Owner" and City of Fort Walton Beach, Florida, a Municipal Corporation, " City." The parties do agree and covenant: 1. Burdened Property. Lots 375 through 377, Ocean City Subdivision, according to the plat thereof as recorded in Plat Book 2, Page 28A, official records of Okaloosa County, Florida, less and except road right-of-way AND that portion of Fourth Street ( A 60' right-of-way) lying between Chestnut Avenue and Perry Avenue, vacated by City of Fort Walton Beach Ordinance 1445, subject to easements and reservations of record by City of Fort Walton Beach, Florida. 2005 Parcel ID Number: 13- 28- 24- 1910- 0375- 0000 2. Project Area. The " Project Area" shall be that portion of the State Road 85 ( Eglin Parkway NE) right- of-way, specifically defined as that area located between the east curb of State Road 85 and the east side of the State Road 85 right- of- way located between State of Florida Departmentof Transportation ( FDOT) Mile Post . 650 and Mile Post . 678 in Okaloosa County, Florida, and a ten- foot (10') Streetscape Easement more particularly described as: The westerly ten feet ( 10') of the above- described property, as measured at right angles from the westerly lot line of said property, also being the easterly right- of-way line of Eglin Parkway ( State Road 85, 110' right- of-way). Such Project Area located outside of the State Road 85 right- of-way shall also be described in a Grant of Easement executed simultaneously with this Agreement. 3. Need for Agreement. Owner and the City agree that the Project Area is in need of and shall have made specific streetscape improvements to improve and enhance the aesthetic quality of the Project Area for the public benefit. For the portion of the streetscape improvements located within the FDOT right- of-way, the City shall enter into an agreement with the FDOT to maintain the Project Area. If the Owner fails to meet any of the financial or physical requirements of the City' s Agreement with FDOT attached as Exhibit " A", the City may execute its rights as stated in the Agreement and tenninate the Agreement with the FDOT, and the Owner, its successors or assigns will be responsible for all costs incurred through the tennination of the agreement. 4. Grant Application.