Fort Walton Beach Council agenda — 06-14-05 — reading text

This indenture made on May 24. , 2005, by and between First City Bank of Florida, a Florida corporation, whose mailing address is 135 Perry Avenue, S. E., 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, FL 32549, " Grantee", do hereby mutually covenant: WHEREAS, Grantor is the owner in fee simple of that certain property described as: 2005 Oka1oosa County Parcel ID Nos. 13- 2S-24- 1910- 0406-0000, 13- 2S- 24- 1910- 0405- 0000, 13- 2S- 24- 1910-0401- 0000 and 13- 2S- 24- 1910-0395- 0010, A PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA AND BEING A PORTION OF OCEAN CITY SUBDMSION AS RECORDED IN PLAT BOOK 2, PAGE 28A, OKALOOSA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NAIL AND DISC LB2355 AT THE NORTHEAST CORNER OF LOT 398, OCEAN CITY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 28A, OKALOOSA COUNTY, FLORIDA; THENCE SOUTH 01028' 33" WEST, ALONG THE EAST LINE OF LOTS 398 THRU 406, INCLUSIVE, AND ALONG THE WEST RIGHT OF WAY LINE OF CHESTNUT AVENUE ( 100' RIGHT OF WAY), A DISTANCE OF 542. 54 FEET TO THE IRON ROD LB2355 AT THE SOUTHEAST CORNER OF LOT 406 OF SAID OCEAN CITY SUBDMSION AND THE NORTH RIGHT OF WAY LINE OF FIRST AVENUE ( 50' RIGHT OF WAY); THENCE NORTH 89058'46" WEST ALONG THE SOUTH LINE OF LOTS 406 THRU 409, INCLUSIVE, AND ALONG SAID RIGHT OF WAY A DISTANCE OF 199. 63 FEET TO A NAIL AND DISC LB2355 AT THE EAST RIGHT OF WAY LINE OF PERRY AVENUE ( 100' RIGHT OF WAY)AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS; THENCE NORTH 02019'23" EAST, ALONG SAID RIGHT OF WAY, A DISTANCE OF 317. 11 FEET TO A NAIL AND DISC LB2355 AT THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 320.78 FEET AND A CENTRAL ANGLE OF 29050' 14"; THENCE NORTHEASTERLY ALONG SAID CURVE AND RIGHT OF WAY A DISTANCE OF 167. 05 FEET ( CHORD BEARING NORTH 17014'30" EAST, CHORD DISTANCE OF 165. 17 FEET) TO A NAIL AND DISC LB2355 ON THE WEST LINE OF LOT 399 OF AFORESAID OCEAN CITY SUBDIVISION; THENCE NORTH 01028' 33" EAST, ALONG THE RIGHT OF WAY, AND ALONG THE WEST LINE OF LOTS 399 AND 398 A DISTANCE OF 33. 74 FEET TO AN IRON ROD LB2355; THENCE NORTH 45040'51" EAST, ALONG SAID RIGHT OF WAY AND ALONG THE WESTERLY LINE OF LOT 398, A DISTANCE OF 52. 81 FEET TO A NAIL AND DISC LB 2355; THENCE SOUTH 88031' 05" EAST, ALONG THE NORTH LINE OF LOT 398, A DISTANCE OF 113. 18 FEET TO THE POINT OF BEGINNING. CONTAINS 100, 673. 607 SQPARE FEET OR 2.311 ACRES, MORE OR LESS.  o o Page 2 Grant of Easement NOTE: THE ABOVE DESCRIBED PARCEL CONTAINS PLATTED ALLEYWAYS WHICH WERE VACATED BY ORDINANCE RECORDED IN OFFICIAL RECORDS BOOK 695, PAGE 753. BEARINGS BASED ON NORTH 02019' 23" EAST ALONG THE RIGHT OF WAY OF PERRY AVENUE AS SHOWN ON RIGHT OF WAY MAPS. WHEREAS, Grantor is desirous of granting to Grantee, and Grantee is desirous of accepting for public benefit, an easement for construction, maintenance and service of a sanitary sewer on, over, un9.er, above and across said property of Grantor. NOW, THEREFORE, for and in consideration of the sum of Ten and no/ 100 Dollars ($ 10. 00) and other valuable considerations, receipt whereof is hereby acknowledged, Grantor does hereby grant unto Grantee, its successors, assigns and legal representatives, a described easement 9'- 12' feet, more or less, wide for the purpose of constructing, maintaining and servicing a SANITARY SEWER and the right of egress and ingress necessary to effectuate the purpose of this easement, on, over, under, above and across Grantor' s described property, which said easement being particularly described as: A PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA AND BEING A PORTION OF OCEAN CITY SUBDMSION AS RECORDED IN PLAT BOOK 2, PAGE 28A, OKALOOSA COUNTY, FLORIDA, AND BEING MORE P ARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE IRON ROD LB2355 AT THE SOUTHEAST CORNER OF LOT 406 OF OCEAN CITY SUBDMSION AS RECORDED IN PLAT BOOK 2, PAGE 28A, OKALOOSA COUNTY, FLORIDA,ON THE NORTH RIGHT OF WAY LINE OF FIRST AVENUE ( 50' RIGHT OF WAY);THENCE NORTH 89058' 46" WEST ALONG THE SOUTH LINE OF LOTS 406 THRU 409, INCLUSNE, AND ALONG SAID RIGHT OF WAY A DISTANCE OF 199. 63 FEET TO A NAIL AND DISC LB2355 AT THE EAST RIGHT OF WAY LINE OF PERRY AVENUE ( 100' RIGHT OF WAY)AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS; THENCE NORTH 02019' 23" EAST, ALONG SAID RIGHT OF WAY, A DISTANCE OF 152. 56 FEET TO A TO A POINT; THENCE SOUTH 88053' 11" EAST A DISTANCE OF 12. 61 FEET TO A POINT; THENCE SOUTH 01008' 40" WEST A DISTANCE OF 140.46 FEET TO A POINT; THENCE SOUTH 89009' 14" EAST A DISTANCE OF 183. 90' TO A POINT ON THE WEST RIGHT OF WAY LINE OF CHESTNUT AVENuE ( 100' RIGHT OF WAY);THENCE ALONG THE WEST RIGHT OF WAY LINE SOUTH 01028' 33" WEST A DISTANCE OF 9. 11 FEET TO THE POINT OF BEGINNING. CONTAINS 4, 079. 89 SQUARE FEET OR 0. 09 ACRES, MORE OR LESS. Grantee hereby covenants, by acceptance of this easement, to place Grantor's property, after the construction of said sanitary sewer, in the same, or better condition as said property was in before commencement of construction.  c Page 3 Grant of Easement IN WITNESS WHEREOF, Grantors have hereunto set their hand and seals. WITNESS: GRANTOR: v~ g 0LfJM 7fJ~ Signature P.::> r'thd. tf p- 1> 4 1 Pt?~ John C. McGee, Director/Chairman rint or type full name) First City Bank of Florida 9-- l'"~.! G.:.~-.: il ... Signature ~ P~ rriri~ A. Knowlp-~ Print or type full name) The foregoing instrument was acknowledged and executed before me on May 24. 2005 2005, by John McGee, in his representative capacity as Director Chairman of First City Bank of Florida, a Florida corporation. xx a-~My Co itt: :~ ~ ir PATRJCIA A.KNOWlES COMMISSION, uu ~ Personally Known EXPIRES: June 16, 2008 Bonded ThN NoIIIy NIle Undlrwrten Produced Identification: Prepared by: Nancy E. McDonald City of Fort Walton Beach Engineering Division P. O. Box 4009 Fort Walton Beach, FL 32549  o o SANITARY SEWER EASEMENT FIRST CITY BANK S88' 31'OS" E 113. 18' 0 N r$- t),. w I"') 01' 1"') W* E ao I"') N I"')~ o z S 1<. 1 THIS IS i? Ir)'t: NOT A SURVEY i? co ... ". ~ ;... ii!: Q::-.. Ji5~ u P. C. to IJ') iii N aU v IJ') II(