Fort Walton Beach Council agenda — 11-14-06 ‎(regular)‎ — reading text

WHEREAS, GREGORY L. KILLINGSWORTH and LISA W. KilLINGSWORTH as trustees under the Revocable Living Trust Agreement of Gregory L.Killingsworth dated February 18, 1999, and GREGORY L. KilLINGSWORTH and ROBERT lEE KilLINGSWORTH as trustees of the William Wayne Killingsworth Family Trust established under the Revocable Living Trust Agreement of Vera Thelma Killingsworth dated September 20, 1991, and ROBERT lEE KILLINGSWORTH, are the owners in fee simple of that certain property described as: LEGAL DESCRIPTION: PARCEL 3 ( AS FURNISHED) LOTS 12, 13, AND 14, GREATER CAMP WALTON, AS RECORDED IN PLAT BOOK 1, PAGE 29 OF THE OFFICIAL RECORDS OF OKALOOSA COUNTY, FLORIDA. 2005 Okaloosa County ParcellD No. 24- 2S- 24- 1 070-0000- 0120 WHEREAS, Grantors are desirous of granting to Grantee, and Grantee is desirous of accepting for public benefit, an easement for construction, maintenance and service of utilities on, over, under, above and across said property of Grantors. 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, Grantors do hereby grant unto Grantee, its successors, assigns and legal representatives. a described easement varying approximately fifteen ( 15) to thirty ( 30) feet in width for the purpose of constructing, maintaining and servicing utilities and the right of egress and ingress necessary to effectuate the purpose of this easement, on, over, under, above and across Grantors' described property, which said easement being particularly described as: A PARCEL OF LAND IN SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24; THENCE SOUTH 64. 6 FEET; THENCE SOUTH 64 DEGREES 06 MINUTES WEST, 682. 35 FEET, MORE OR LESS, TO AN IRON PIN; THENCE NORTH 00 DEGREES 43 MINUTES 02 SECONDS EAST, 343. 97 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF BROOKS STREET, AS ESTABLISHED BY QUITCLAIM DEED TO THE CITY OF FORT WALTON BEACH, RECORDED IN OFFICIAL RECORDS BOOK 2684 AT PAGE 2180 OF OKALOOSA COUNTY, FLORIDA; THENCE ALONG SAID SOUTHERLY LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 59 DEGREES 05 MINUTES 46 SECONDS WEST, 6.60 FEET; THENCE SOUTH 58 DEGREES 34 MINUTES 33 SECONDS WEST, 21. 89 FEET; THENCE SOUTH 56 DEGREES 33 MINUTES 51 SECONDS WEST, 33. 30 FEET; THENCE SOUTH 54 DEGREES 25 MINUTES 23 SECONDS WEST, 5. 04 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY RIGHT- OF- WAY LINE, PROCEED SOUTH 31 DEGREES 45 MINUTES 57 SECONDS EAST, 69. 81 FEET; THENCE SOUTH 01 DEGREES 14 MINUTES 17 SECONDS EAST, 120,73 FEET; THENCE SOUTH 63 DEGREES 38 MINUTES 11 SECONDS WEST, 107. 67 FEET; THENCE SOUTH 55 DEGREES 46 MINUTES 44 SECONDS WEST, 152. 87 FEET; THENCE SOUTH 42 DEGREES 19 MINUTES 36 SECONDS WEST, 51.47 FEET; THENCE SOUTH 36 DEGREES 57 MINUTES 58 SECONDS WEST, 111. 13 FEET; THENCE SOUTH 19 DEGREES 24 MINUTES 43 SECONDS EAST, 9. 23 FEET; THENCE  Page 3 Grant of Easement SOUTH 32 DEGREES 28 MINUTES 23 SECONDS WEST, 24. 73 FEET; THENCE NORTH 55 DEGREES 02 MINUTES 43 SECONDS WEST, 42. 36 FEET; THENCE NORTH 21 DEGREES 47 MINUTES 16 SECONDS EAST, 7. 54 FEET TO A POINT OF CURVATURE; THENCE 23. 39 FEET ALONG THE ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 17. 00 FEET, A CENTRAL ANGLE OF 78 DEGREES 49 MINUTES 10 SECONDS, AND A CHORD BEARING NORTH 16 DEGREES 44 MINUTES 01 SECONDS WEST, 21. 59 FEET TO A POINT; THENCE NORTH 56 DEGREES 08 MINUTES 37 SECONDS WEST, 24.31 FEET; THENCE NORTH 04 DEGREES 12 MINUTES 24 SECONDS WEST, 20. 81 FEET TO THE SOUTHERLY RIGHT- OF- WAY LINE OF BROOKS STREET; THENCE NORTH 33 DEGREES 48 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE, A DISTANCE OF 15. 69 FEET; THENCE DEPARTING SAID SOUTHERLY LINE, PROCEED SOUTH 54 DEGREES 49 MINUTES 02 SECONDS EAST, 52. 05 FEET; THENCE NORTH 77 DEGREES 52 MINUTES 11 SECONDS EAST, 14. 96 FEET; THENCE NORTH 37 DEGREES 06 MINUTES 04 SECONDS EAST, 81. 77 FEET; THENCE NORTH 42 DEGREES 19 MINUTES 36 SECONDS EAST, 60. 38 FEET; THENCE NORTH 34 DEGREES 13 MINUTES 16 SECONDS WEST, 3. 80 FEET; THENCE NORTH 55 DEGREES 46 MINUTES 44 SECONDS EAST, 5. 00 FEET; THENCE SOUTH 34 DEGREES 13 MINUTES 16 SECONDS EAST, 5. 00 FEET; THENCE NORTH 55 DEGREES 46 MINUTES 44 SECONDS EAST, 151. 65 FEET; THENCE NORTH 63 DEGREES 56 MINUTES 50 SECONDS EAST, 103.32 FEET; THENCE NORTH 01 DEGREES 14 MINUTES 17 SECONDS WEST, 91. 75 FEET; THENCE NORTH 31 DEGREES 45 MINUTES 57 SECONDS WEST, 64.72 FEET TO THE AFORESAID SOUTHERLY RIGHT- OF-WAY LINE OF BROOKS STREET, AS ESTABLISHED BY DEED TO THE CITY; THENCE NORTH 54 DEGREES 25 MINUTES 23 SECONDS EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 15. 03 FEET TO THE POINT OF BEGINNING, CONTAINING 0.42 ACRES, MORE OR LESS. Grantee hereby covenants, by acceptance of this easement, to place Grantors' property, after the construction of said utilities, in the same, or better condition, as said property was in before commencement of construction. The Grantee, however, shall not be responsible for removal or replacement of any improvements made after initial construction of said utilities within the easement areas, at such time excavation is required for maintenance, servicing or reconstruction of said utilities. IN WITNESS WHEREOF, Grantors have hereunto set their hand and seals. WITNESS: G~~~nature ~ f _ vr-n~.. J ().. '- f\ \ tAre i / Print or type full name) mLrn~~' SiQnature L\~CL. ffiL m\ L.h~Q..,\ Print or type full name)  Page 4 Grant of Easement foregoing instrument was acknowledged and executed before me on this \ 6 The day of Oc ~ be.JL , 2006, by Gary W. McMichael, Manager for MTM Partners, L.L.C. eX _ Personally Known Produced Identification: OTARY PUBliC- STATE OF FLORIDA carOle L. Van Buren Cw-~ ~ Notary Public ~ ~. U<-<- ~ commission # DD429964 My Commission Expires ~ ~ )' Expires: JUNE 30,Co.,2009 Inc. Ronded '111ru Atlantic Bonding WITNESS: GRANTOR: ignature &.- cR\.)w-~ \/J' t. l~~o~. l- tJ.. ~ Print or type full name) me-fi\\~ e-( o- Si~ n~ ture N\ .' I 1 ~ _ _ L. II t\ ill ChD--~\ Print or type full name) The foregoing instrument was acknowledged and executed before me on this \ 6~ day of 2006, by Gregory L. Killingworth. Personally Known Produced Identification~ L..\ aC1'd.- 1.o\ - \ 03 -I~ -~_ ~ ~ 5d... NOTARY PUBUC. STATE OF FLORIDA Notary Public Caro~e ~. Van Buren My Commission Expires 1, 80 '1 WITNESS: I! ComnnsslOn # DD429964 Expires: JUNE 30, 2009 . honded Thru Atlantic Bending Co., ;/ K. GRANTOR. d~& isa W. Killingsworth, as Trustee der the k.. l VOJ\ BUJ~.n Revocable Living Trust Agreement of Gregory L. Print or type full name) Killingsworth dated February 18, 1999 t~~ m~m~ Si~, ure ' \ m..' i^ \ n.. CrkJ. - C ICJL. Y Print or type full name)  Page 5 Grant of Easement 2...~ The foregoing instrument was acknowledged and executed before me on this \....) day of tT" t.. p. toj---A , 2006, by Lisa W. Killingsworth. Personally Known S~ -539 - Produced Identification: KL\ 58- 8to~- 0 Q. NOTARY PUBUC- STATf. OF FLORIDA G2.<.....{) \ ~ 1 h D.o Q.. CJ'.... ~ ~ Notary Public ~ carOle L. Van Buren My Commission Expires 2.al X,) ! Commission # DD429964 Expires: JUNE 30, 2009 GRANTOR J2 c;~~::= e L~ V~ e..... 6uJ'<. f' Killingsworth, as Trustee of the Wi iii a ayne Killingsworth Family Trust Print or type full name) established under the Revocable Living Trust Agreement of Vera Thelma Killingsworth dated f'\ 0~ L{)'\~