Fort Walton Beach Ordinance — 1751 accept water utility improvements — reading text

READING OATS 1st 2nd ORDINANCE 1751 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; ACCEPTING CERTAIN PUBLIC IMPROVEMENTS MADE BY PRESIDIO DEVELOPERS, LLC; ACCEPTING A ONE- YEAR WARRANTY OFFERED BY PRESIDIO DEVELOPERS, LLC; AUTHORIZING PAYMENT OF CONSTRUCTION OVERAGES; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY The authority for enactment of this ordinance is pursuant to the powers of the City of Fort Walton Beach as provided in section 2 of the City Charter, and section 166. 021 ( 1), Florida Statutes ( 2007). SECTION II. ACCEPTANCE OF PUBLIC IMPROVEMENTS The City does hereby accept into the public system the water utility improvements constructed and lying partly within the area of that Easement recorded at Official Record Book 2811, Page 3571, and the public right of way, and as more particularly described in Exhibit A which is attached and incorporated by reference, for all purposes of ownership and maintenance of those improvements for public use and benefit. SECTION III. ACCEPTANCE OF OFFER OF WARRANTY The City does hereby accept the offer by Presidio Developers, LLC, of a twelve month warranty beginning as of the effective date of this ordinance and in the form attached in Exhibit B which is incorporated by reference. SECTION IV. AUTHORIZATION FOR PAYMENT OF CONSTRUCTION OVERAGES The construction of the public improvements described in Exhibit A exceeded the total cost originally approved by the City Manager as a result of unforeseen conditions in and at the improvement area. Therefore, the City Manager is hereby authorized to pay $ 23, 178. 25 as compensation directly to Presidio Developers, LLC, is ratified. SECTION V. EFFECTIVE DATE This ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. ADOPTED: J- /')-()t M~~ iw ' DERSON. MAYOR  y.h; b/ f f1 to tr I # 2455304 BK: 2811 PG: J5?O, Peoe 1 or 3 Recorded 1011812001 fit 09: 45 AM, RECORDING: $ 15.00 RECORDING ARTICLE V: $ 12.00 DEED OOCSTAMPS: $ 0. 70 GRANT OF EASEMENT OEPUlY CLERK GDUNEVANT DON W. HOWARD,CLERK OF COURTS, OKALOOSA COUNTY FL STATE OF FLORIDA COUNTY OF OKALOOSA yJ'I This indenture made on this ~ day of d! 20oJ, by and between PRESIDIO DEVELOPERS, L.L.C., whosemailingaddrssis323PageBaconRoad. Suite 17~ Mary FL 32569t " Grantor"; and the CITY OF FORT WALTON BEACH, FLORIDA, Esther:! a Municipal Corporatio~ whose mailing address is P. O. Box 4009, Fort Walton Beach, FL 32549, " Grantee":t do hereby mutually covenant: WHEREAS, Grantor is the owner in fee simple of that certain property described as: Lots 29, 30, and 32, Seabreeze Subdivisio~ according to the plat thereof on file 31:t in Plat Book IJ Page 22, in the Office of the Clerk of the Circuit Court, Okaloosa County, Florida. And including, that portion of Lot 28, said Seabreeze Subdivision, being further described as follows: Begin at the northeast comer of said Lot 28 for Point of Beginning; thence South 55 feet along the east line of sa~d Lot; thence South 45 degrees West to a point on the west line of said Lot; thence North along the west line to the northwest comer of said Lot 28; thence East along the north line of said Lot to the Point of Beginning. 2006 Okaloosa County Parcel ID No.: 23- 28- 24- OOOO- 211A..0280 2S- 24-221l\-OOOO- 0300 23- 24- 221A-OOOo-030A 2S... WHEREAS. Grantor is desirous of granting to Orantee, 1 and Grantee is desirous of accepting for public benefit, an easement for constructio~ maintenance and ~ervice of sidewalk and utilities ort, over~under, above and across said property of Grantor. NOW, TIIEREFORE, for and in consideration of the sum of Ten and no/IOO Dollars 10. 00) and other valuable considerations~ receipt whereof is herebyacknowledged, Grantor does hereby grant unto Grantee, its successors, assigns and legal representatives, a described easement five feet wide for the purpose of constructing, maintaining and servicing sidewalk and utilities and the ~ ght of egress and ingress necessary to effectuate the purpose of this easement, on, overt: under7 above and across Grantor' s described property, which said easement being particularly described as: 1- EASEMENT 515 f .' .... ~ The North five ( 5) feet of the above described property, as measured perpendicularly to the north line of said property, also being the southerly right-of- way line oru.s. Highway 98 ( State Road No. 30). Grantee hereby covenants, by acceptance of this easement, to place Grantor's property, after the construction of said sidewalk and utilities, in the same, or better condition as said property was in before commencement of construction. IN WITNESS WHEREOF, Grantors bave hereunto set their hand and seals. WITNESS: GRANTOR: 11 UJ\.(\ (); 0 Q.obMdC ss Signature - L J) A\~{~ 1~ Printed Name R--~~ Witness Signature c_ eel CO l2.-. \/ 0.. () ~A yre.n Printed Name The foregoing instrument was acknowledged and executed before me on l-\, ,.2001, by Gary McMichael, Manager and the proper representative for Presidio Developers, L.L.C.. 01 J\ QJ.I ~~ ~ ~. Notary Public L4.- My Commission Expires~ ~ ~ Leo4 X PersonaJly Known Produced Identification: OF FLORIDA Prepared by; NOtARY PUBUC- S'fATE Buren carole L. Van Nancy E. McDonald City of Fort Walton Beach commission # OD429964 2009 30, Engineering Division Expires: JUNE Bond\ng' CO.. Inc.. P.O. Box 4009 Bonded UI.L'" Adantic:: Fort Walton Beach,FL 32549 2- EASEMENT 515  SIDEWALK & UTILITY EASEMENT c- AT PRESIDIO CONDOMINIUMS 128 MIRACLE STRIP PKWY. SW MIRAClE StArp lAn~ PARKINA \' r. SIN 98) LOT 32 N W* E S SANTA ROSA SOUND SCALE: 1" = 100' City of Fort Walton Beach Engineering Division SIDEWALK & UTIUTY EASEMENT SCALE IN FEET AT PRESIDIO CONDOMINIUMS 100' 0 100' 200' 128 MIRACLE STRIP PKWY. SW JULY 27, 2006 EASEMENT f Plotted Thu. 27 Jill 200& - 2: 28pm C: \ OP102.OE\ DWG\ SW\EZ...Pr" ldJo_ SW.dwg SCALE 1" = ' 00' IDG EASEMENT 515