Okaloosa County BOCC — March 3, 2015 — Resolution Approving Transfer to City of Niceville — reading text

RESOLUTION 2015-____ A RESOLUTION AUTHORIZING THE TRANSFER OF PROPERTY TO THE CITY OF NICEVILLE; ESTABLISHING THE CONSIDERATION TO BE PROVIDED; DETERMINING THAT SUCH PROPERTY IS REQUIRED FOR SUCH USE AND IS NOT NEEDED FOR COUNTY PURPOSES; AUTHORIZING THE CHAIRMAN TO EXECUTE THE QUIT CLAIM DEED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Okaloosa County (the “County”) owns that certain parcel of real property that is more particularly described in Exhibit “A” and made a part hereof (the “Property”); and WHEREAS, that Property is located within the City’s Turkey Creekwalk Park and is vacant. The conveyance of the Property to the City will enable them to extend the entire walkway along the creek from John Sims parkway to College Blvd. This will enhance the use of the park facilities by the County; and, WHEREAS, the Property is not needed for County purposes; and WHEREAS, it would be in the best interest of both the County and the City for the City to obtain ownership of the Property and become fully responsible for the long-term care, maintenance and control of the Property and the facilities located thereon at its own cost and expense. 1  NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY: 1. The recitals set forth above are approved and incorporated as essential terms and conditions of this Resolution. 2. This Resolution is adopted pursuant to the provisions of section 125.38, Florida Statutes and all of the requirements of that statute have been found and satisfied. 3. The Board determines that it is in the public good to convey the Property to the City of Niceville and to enable them to extend the entire walkway within the City’s Turkey Creekwalk Park along the creek from John Sims parkway to College Blvd. The Board also determines that the Property is not needed for County purposes. 4. The Chairman is authorized to execute a Quit Claim Deed, the form of which is attached hereto as Exhibit “B” and to execute any other documentation which is required to effectuate the transfer. 5. This Resolution shall become effective upon adoption. DULY ADOPTED this _____ day of __________, 2015. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Nathan D. Boyles, Chairman ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT BY: _____________________________ Deputy Clerk 2  EXHIBIT “A” LEGAL DESCRIPTION That portion of the Southwest quarter of the Northwest quarter of Section 1, Township 1 South, Range 23 West, Okaloosa County, Florida lying North and East of Turkey Creek, situated South of College Boulevard, and being more particularly described as follows: Begin at the found ½ inch capped iron rod (L.B.#3501) marking the Northeast corner of the Southwest quarter of the Northwest quarter of said Section 1; Thence N 870 40’ 17” W along the North boundary of said quarter-quarter, a distance of 22 feet, more or less to the Easterly ordinary high water line of Turkey Creek, said point hereafter referred to as “point A”; Thence retuning to the Point of Beginning, proceed S 000 52’ 58” W along the East boundary of said quarter-quarter, a distance of 191 feet, more or less to the aforesaid Easterly ordinary high water line; Thence Northerly along said water line, a distance of 210 feet, more or less to the aforesaid Point A. Said parcel containing 0.1 acres of land, more or less. 3  EXHIBIT “B” Prepared by and return to: Gregory T. Stewart, Esq. Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850) 224-4070 QUIT CLAIM DEED THIS QUIT CLAIM DEED effective this ____ day of _________, 2015, by OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1804 Lewis Turner Boulevard, Suite 100, Ft. Walton Beach, Florida 32547, hereinafter called “Grantor,” to CITY OF NICEVILLE, FLORIDA, a municipal corporation formed under the laws of the State of Florida hereinafter called "Grantee", whose address is 208 N. Partin Drive, Niceville, Florida 32578. WITNESSETH: That Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, all that certain real property, more particularly described on Exhibit A attached hereto and incorporated herein, including any rights to improvements that have made upon such property. TOGETHER with all the tenements, hereditaments and appurtenances thereto of Grantor belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD, the same in fee simple forever, however provided that should the Property ever cease to be used by the Grantee as a fire station for the provisions of fire and public safety services for the homes, businesses, and citizens located within the boundaries of the Grantee, that the ownership of the Property and the permanent improvements located thereon shall automatically revert to the Grantor. 4  IN WITNESS WHEREOF, Grantor has caused this Quit Claim Deed in favor of Grantee to be executed in its name, by its proper officers hereunto duly authorized, the day, month and year first above written. Signed, sealed and delivered in the presence of: OKALOOSA COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Sign:___________________________ By: Print:___________________________ Nathan D. Boyles. Chairman Sign:___________________________ Print:___________________________ STATE OF FLORIDA COUNTY OF OKALOOSA This instrument was acknowledged before me this ____ day of ______, 2015 by Nathan D. Boyles, as Chairman of the Okaloosa County Board of County Commissioners, on behalf of said Board. He is [_] personally know to me or [_] has produced ________________________ as identification. By: ________________________________ Notary Public, State of Florida Print: _______________________________ 5  EXHIBIT “A” LEGAL DESCRIPTION That portion of the Southwest quarter of the Northwest quarter of Section 1, Township 1 South, Range 23 West, Okaloosa County, Florida lying North and East of Turkey Creek, situated South of College Boulevard, and being more particularly described as follows: Begin at the found ½ inch capped iron rod (L.B.#3501) marking the Northeast corner of the Southwest quarter of the Northwest quarter of said Section 1; Thence N 870 40’ 17” W along the North boundary of said quarter-quarter, a distance of 22 feet, more or less to the Easterly ordinary high water line of Turkey Creek, said point hereafter referred to as “point A”; Thence retuning to the Point of Beginning, proceed S 000 52’ 58” W along the East boundary of said quarter-quarter, a distance of 191 feet, more or less to the aforesaid Easterly ordinary high water line; Thence Northerly along said water line, a distance of 210 feet, more or less to the aforesaid Point A. Said parcel containing 0.1 acres of land, more or less. 6