Okaloosa County BOCC — June 17, 2014 — "Attachment C" Agreement and Release between parties — reading text

“Attachment C” AGREEMENT AND RELEASE This Agreement and Release is made and entered into this day of 2014, by and between the Board of County Commissioners of Okaloosa County, Florida, (hereinafter “the County”) and Timothy W. Smith and Sharon L. Smith (hereinafter “Property Owners”), owners of Lots 6 and 7, Block 10, and a portion of Lot 9, Block 10, all of Bayview Subdivision. WHEREAS, the Property Owners, through their agent, have petitioned the County for the exchange of properties and for the vacation and abandonment of a portion of the County’s dedicated right-of-way to remedy a pavement encroachment by the County onto Lot 9, Block 10, Bayview Subdivision; and WHEREAS, the County has approved and authorized by Resolution both the exchange of properties and the vacation and abandonment of a portion of its dedicated right-of-way in order to effectuate the exchange; NOW THEREFORE, in consideration of the foregoing premises, the conditions, and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the Parties agree to the following: 1. Property to be Exchanged. The Parties agree to the following exchange of property: PROPERTY TO BE VACATED AND ABANDONED BY OKALOOSA COUNTY: PARCEL “A” COMMENCING AT THE NORTHWEST CORNER OF LOT 6, BLOCK 10, BAYVIEW SUBDIVISION AS RECORDED IN PLAT BOOK 1, AT PAGE 26 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 85 (EGLIN PARKWAY, R/W VARIES); THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY GO SOUTH 09°43'53" EAST ALONG WEST LINE OF SAID LOT 6, A DISTANCE OF 160.21 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6 AND THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY LINE OF A 20! WIDE ALLEY; THENCE DEPARTING SAID NORTHERLY LINE GO SOUTH 09°43'53" EAST, A DISTANCE OF 4.70 FEET; THENCE NORTH 78°18'41" EAST, A DISTANCE OF 122.09 FEET; THENCE NORTH 00°50'30" EAST, A DISTANCE OF 11.40 FEET TO A POINT ON SAID NORTHERLY LINE OF A 20' WIDE ALLEY; THENCE SOUTH 75°20'54 WEST ALONG SAID SOUTH LINE OF LOTS 6 & 7, A DISTANCE OF 123.72 FEET TO THE POINT OF BEGINNING CONTAINING 970 SQ. FT. MORE OR LESS, C-1 IN EXCHANGE FOR THE FOLLOWING BEING DEEDED TO OKALOOSA COUNTY BY TIMOTHY W. AND SHARON L. SMITH: PARCEL “B” COMMENCING AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 10, BAYVIEW SUBDIVISION AS RECORDED IN PLAT BOOK 1, AT PAGE 26 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF BEACHVIEW DRIVE (R/W VARIES); THENCE GO NORTH 00°52'46" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 63.71 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00°52'46" EAST, A DISTANCE OF 11.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9, SAID POINT BEING ON THE SOUTHERLY LINE OF A 20' WIDE ALLEY; THENCE GO SOUTH 75°17'42" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 139,11 FEET; THENCE DEPARTING SAID SOUTHERLY LINE OF A 20' WIDE ALLEY GO SOUTH 00°52'46" WEST, A DISTANCE OF 3.50 FEET; THENCE NORTH 78°18'41" EAST, A DISTANCE OF 137.29 FEET TO THE POINT OF BEGINNING CONTAINING 971 SQ. FT. MORE OR LESS. 2. Deed to the County from Property Owners for “Parcel B”. Within 5 days from the date of this Agreement and Release, the Property Owners shall execute a Warranty Deed to the County for the property described above as “Parcel B”, in a manner which complies with all laws of the State of Florida for executing the same and conveying clear title for “Parcel B” to the County. 3. Abandonment of “Parcel A” by the County. The County shall comply with all requirements of section 336.10, Florida Statutes, and all other requirements of Florida law, for the closing and abandoning of the portion of its dedicated right-of-way more particularly described above as “Parcel A”. By operation of law, including sections 177.085 and 336.12, Florida Statutes, the abandonment of the right-of-way will vest title to the Property Owners as the abutting fee owners. 4. Release, The Property Owners and their attorney John S. Mead, of the Mead Law Firm, 24 Waiter Martin Rd, NE, Suite 201, Fort Walton Beach, Florida, agree that they release, disclaim, and relinquish any rights and forever discharge the County including its current and past Commissioners, officials, officers, directors, employees and agents, whether in their official or individual capacities, from all claims, causes of action, rights, demands, charges, complaints, grievances, or other suits whatsoever, whether in law or equity, as a result of any loss, known or unknown at this time, or which hereafter may become known, occasioned by, arising out of or related, directly or indirectly, to any encroachment on a portion of Lot 9, Block 10, Bayview Subdivision by the County resulting from the County’s paving of its right-of-way through Block 10 of Bayview Subdivision. The Property Owners agree that they have read all terms and provisions hereof and such terms and provisions are fully understood and voluntarily accepted by the Property Owners and the Property Owners have been represented by counsel of their choice. 5. This Agreement and Release contains the entire agreement between the parties hereto, and the terms of the Agreement and Release are contractual and not a mere recital. EXECUTED this day of , 2014. STATE: Florida COUNTY: Okaloosa OKALOOSA COUNTY PROPERTY OWNERS Charles K. Windes, Jr., Chairman, Timothy W. Smith Board of County Commissioners , Okaloosa County, Florida Sharon L. Smith APPROVED AS TO FORM: John S. Mead, as attorney for Property County Attorney Owners ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT By: Deputy Clerk SUBSCRIBED AND SWORN TO before me on this day of , 2014. Notary Public, State of At Large Sign, print, or stamp Notary Name My Commission Expires: Commission Number