Okaloosa County BOCC — May 17, 2013 — Gap Creek FDOT Subordination Agreement — reading text

23-UTL.02-03/03 August 25, 2011 This instrument prepared by, or under the direction of, Heather M. Lane Department of Transportation P. O. Box 607 Chipley, FL 32428 Legal description approved by: Bobby White Parcel 103.2 Item/Segment No. 2201622 Managing District 3 S.R. No. 189 County Okaloosa SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT is entered into on , 20__, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) whose address is Post Office Box 607, Chipley, Florida 32428, and OKALOOSA COUNTY, FLORIDA (County). WITNESSETH: WHEREAS, the County presently has an interest in land that is necessary for highway purposes and the County has facilities located on the land. WHEREAS, the proposed use of the land for highway purposes will require subordination by the County to the FDOT of the interest claimed in the land. WHEREAS, the FDOT is willing to pay to have the County's facilities relocated, if necessary to prevent conflict with the facilities on the FDOT’s project #2201622. THEREFORE, in consideration of the mutual covenants and promises of the parties, the County and the FDOT agree as follows: 1. The County subordinates to FDOT, its successors or assigns, its interest in the following described land: That part of: “BEGINNING AT A POINT ON THE EAST R/W LINE OF STATE ROAD NUMBER 189, THAT IS 943.75 FEET SOUTH OF THE NORTH LINE OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; THENCE N 82° 50’ E A DISTANCE OF 302.49 FEET; THENCE SOUTH 55.0 FEET TO GAP CREEK; THENCE MEANDER WESTERLY ALONG THE NORTH SIDE OF THE SAID GAP CREEK TO A POINT THAT IS 93.75 FEET SOUTH AND 150.0 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST 150 FEET; THENCE NORTH 93.75 FEET TO THE POINT OF BEGINNING. TOGETHER WITH BEGINNING AT THE NE CORNER OF THE ABOVE DESCRIBED PROPERTY, THENCE GO NORTH 82° 50’ E 100.82 FEET; THENCE SOUTH 93.75 FEET; THENCE WEST TO THE SOUTHEAST CORNER OF ABOVE DESCRIBED LAND; THENCE NORTH TO THE POINT OF BEGINNING, LYING AND BEING IN OKALOOSA COUNTY, FLORIDA.”; lying within the following described boundaries: Commence at a % inch iron rod and cap (CORP 3724) marking the northwest corner of Section 10, Township 2 South, Range 24 West, Okaloosa County, Florida; thence South 87°46’08” East 2,537.09 feet along the north line of said Section 10 to the centerline of survey of State Road 189, as shown on Florida Department of Transportation (F.D.O.T.) Right of Way Map F.P. No. 2201622 (said map being on file at F.D.O.T. District 3 Office, Chipley, Florida); thence South 13°41’38” West 297.51 feet along said centerline of survey to a point on a tangent curve to the left (concave easterly); thence southerly along said centerline and said curve, having a radius of 2,886.06 feet, for a distance of 559.22 feet, through a central angle of 11°06'07” to end of curve; thence South 02°35’31” West 142.72 feet along said centerline; thence departing said centerline, run South 87°24’29” East 50.00 feet to the existing easterly right of way line of said State Road 189 and POINT OF BEGINNING; thence departing said right of way line, continue South 87°24’29” East 41.00 feet; thence South 02°35'31” West 115.00 feet; thence North 87°24'29” West 41.00 feet to said existing easterly right of way line of State Road 189, as shown on said Right of Way Map; thence North 02°35'31” East 115.00 feet along said right of way line to POINT OF BEGINNING; Containing 1,347 square feet, more or less. The interest of the County being subordinated includes, but is not necessarily limited to, the interest created by the following described document: RECORDED: INSTRUMENT DATE FROM TO BOOK/PAGE Easement 8/15/83 | O.K. Rodgers, et ux Okaloosa County Board | OR 1214 of Commissioners PG 26 2. The County shall have the right to relocate its facilities within the FDOT right of way and the right to receive reimbursement from the FDOT for the relocation. Subsequent to the relocation, the County shall have the right to operate and maintain its facilities within the FDOT right of way, subject to the provisions of the permit and the Utility Accommodation Manual. However, any new construction or relocation, subsequent to the first relocation, shall be subject to the approval of the FDOT. (Approval shall not be withheld or delayed unreasonably.) If the FDOT does not allow the first relocation of the facilities within the right of way or should the FDOT require any subsequent relocation of the facilities, the FDOT agrees to pay the cost of such relocation, including the cost of acquiring any necessary easements. All work performed and facilities located within the right of way by the County, and all payments and reimbursements by the FDOT to the County, shall be in accordance with the FDOT’s construction plans for the project and the rules, procedures, and Utility Accommodation Manual, which are in effect at the time this agreement is executed by the County. 3. Notwithstanding the terms of this subordination agreement, the terms of the utility permits shall supersede any conflicting provisions, with the exception of the terms providing for reimbursement rights. 4. The County shall have the right to enter upon the right of way for the purposes stated in Paragraph 2. Maintenance of the facilities shall include the right to trim trees, brush, and growth, which might adversely affect the facilities, provided there are no adverse effects on the operation and safety of the FDOT's facilities. 5. Subject to the provisions of Paragraph 2 above, the County agrees to repair any damages to the FDOT facilities resulting from the act or omission of the County. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPORTATION By: Krissy Cook James T. Barfield, P. E. Title: District Secretary for District 3 Vicky Williams STATE OF FLORIDA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of , 20__, by James T. Barfield, as Secretary for District 3, who is personally known to me or who has produced __ as identification. Deborah H. Barbee Notary Public in and for the County and State last aforesaid. My Commission Expires: August 1, 2014 Serial No., if any: EE 002454 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. ATTEST: Okaloosa County, Florida, By Its Board of County Clerk (or Deputy Clerk) Commissioners By: Its Chairperson (or Vice-Chairperson) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this __ day of , 20__, by , who is personally known to me or who has produced as identification. Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: UTL.03 August 25, 2011 This instrument prepared by, or under the direction of, Heather M. Lane Department of Transportation P. O. Box 607 Chipley, FL 32428 Parcel 103.2 Item/Segment No. 2201622 Managing District 3 S.R. No. 189 County Okaloosa RESOLUTION ON MOTION of Commissioner , seconded by Commissioner , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 189, Financial Project No. 2201622, in Okaloosa County, Florida: and WHEREAS, it is necessary that certain easement rights now owned by Okaloosa County be subordinated to the rights of the State of Florida Department of Transportation: and WHEREAS, said subordination is in the best interest of the County: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation the attached subordination of utility interest, or interests, in favor of the State of Florida, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in Okaloosa County, should be drawn and executed by this Board of County Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. STATE OF FLORIDA COUNTY OF OKALOOSA | HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of Okaloosa County, Florida at a meeting held on the __ day of ,20_. Clerk Board of County Commissioners Okaloosa County, Florida