Okaloosa County BOCC — May 15, 2013 — WrenWay@MagnoliaForestDeed — reading text

Farrar J. Barker Keith L. Bell, Jr. Kenneth B. Bell William E. Bond, Jr. Judson C. Brandt Jeremy C. Branning Scott M. Campbell Bruton M. Campbell-Work William J. Dunaway Megan F. Fry J. Seth Galloway James R. Green, Jr. Robert D. Hart, Jr. W. Christopher Hart Ryan P. Hatler Gary W. Huston Charles F. James, IV Dennis K. Larry Mr. Clay Simmons, PE CLARK PARTINGTON HART LARRY BOND ¢5 STACKHOUSE ATTORNEYS AT LAW Pensacola * Destin * Tallahassee 34990 Emerald Coast Parkway e Suite 301 Destin, Florida 32541 Phone (850) 650-3304 e Fax (850) 650-3305 www.cphlaw.com Sula S$. McAuley Direct Dial: (850) 269-8843 smcauley@cphlaw.com April 10, 2013 Okaloosa County Roads and Parks Division Manager 1759 S. Ferndon Blvd Crestview FL 32536 Re: | Wren Way Street Dedication to public use and maintenance by Magnolia Forest Property Owners Association at Bluewater Bay, Inc. Dear Mr. Simmons: lan $. Macdonald Sula S. McAuley Melissa Holley Painter Bruce D. Partington Jason W. Peterson Stephen A. Pitre Robert J. Powell Scott A. Remington Jesse W. Rigby Michael J. Schofield Richard N. Sherrill Harry B. Stackhouse William D. Stokes H. Lee Strayhan, Ill Trevor A. Thompson Melissa N. VanSickle Carolyn R. Ward Kirby H. Williams We last talked about a roadway deed to the County on January 17. To refresh your recollection, I've enclosed some past correspondence. The Association has finalized its approval of dedicating the road to the county, as shown in the copy of the attached recorded Second Amendment to the Declaration. Pursuant to your instructions, | enclose the original deed that was approved previously by you and the County Attorney John Dowd, along with four photocopies. | understand that you will obtain final approval and record the deed. if possible, please confirm by email when the deed has been sent for recording and | will then pick it up in the public records for the Association. On behalf of all the Association members and myself, thanks for your assistance. Sincerely, Gia Sula S. McAuley Copy to: Magnolia Forest Property Owners Association at Bluewater Bay, Inc. c/o Doug Hale (doug.hale@hancockbank.com) Enclosed: Original Deed and 4 copies Prepared by Sula S. McAuley, Lawyer Clark Partington Hart Law Firm 34990 Emerald Coast Pky, Suite 301 Destin, FL 32541 (850) 650-3304 - SPECIAL WARRANTY DEED (Conveyance of Private Road to County for Public Use) This Special Warranty Deed is made this oll day of dy il , 2013, between MAGNOLIA FOREST PROPERTY OWNERS ASSOCIATION AT BLUEWATER BAY, INC., a Florida Non Profit corporation, P.O. Box 5176, Niceville, FL 32578, and its successors and assigns, as "Grantor' and OKALOOSA COUNTY, a political subdivision of the State of Florida, and its successors and assigns, as "Grantee." The Grantor, for and in consideration of one dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all of that certain land situate in Okaloosa County, Florida, described as follows: All the real property identified as "Wren Way," a singular roadway with boundaries and dimensions as depicted on the recorded plat of Magnolia Forest at Bluewater Bay Subdivision, said plat being recorded on May 21, 1996, in Plat Book 16, Page 43 of the public records of Okaloosa County, Florida, Subject to the condition that the real property conveyed shall be used as a public roadway which is maintained and repaired for public use by Grantee; Together with the grant of a non-exclusive easement for roadway maintenance and repair, including but not limited to ingress and egress for roadway maintenance, said roadway easement description and dimensions being one and the same as those easements that were dedicated, described and depicted on the Subdivision Plat for drainage and utility easements; Together with all engagements, hereditaments and appurtenances thereto belonging or in anywise appertaining; to have and to hold, the same in fee simple forever. {MFPOAI/125250/A1222292._DOCX } i~ Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple, is authorized to make this conveyance and that said land is free of all encumbrances. In witness whereof, the said Grantor has signed and sealed these presents the day and year first above written. MAGNOLIA FOREST PROPERTY OWNERS ASSOCIATION AT BLUEWATER BAY, INC., a f Florida Non Profit Corporation ox Llu By: beh bee { Gjller Witness item's Crontt “Vo5 e7 Thaddeus L. Wallace Print Name President Poeee Aunt h Withéss * € Print Name © (\UC2. OMe ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF OKALOOSA Before me, the undersigned Notary Public, personally appeared Thaddeus L. Wallace as President of Magnolia Forest Property Owners Association at Bluewater Bay, Inc., a Florida Non Profit Corporation, on behalf of the corporation, who took an oath and who is personally known to. me a lan: a current Florida Driver's License as proof of his identity, on C we 2013. (LN Notaky_Public uF ue Pe el THERESA M FOWLER ; { Florida fy Notary Public - State o' 3 omm. eau May 4, 201 . 0 874827 {MFPOAI/125250/A1222292.DOCX } PRIL Pe 42 nrolion Joves+ O+ Biuaceder Bar Pgh. q \ Aur OM STATEMENT BY OKALOOSA COUNTY: THE OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS HAVE NOT ACCEPTED ANY ROADS, EASEMENTS, PARKS, OR DRAINAGE STRUCTURES OR EASEMENTS SHOWN ON THIS PLAT. THESE IMPROVEMENTS WILL NOT BE ACCEPTED BY SAID BOARD UNLESS AND UNTIL THE PROVISIONS SET FORTH IN SECTION 18.05 OF THE OKALOOSA COUNTY COMPREHENSIVE PLAN FOR LAND DEVELOPMENT SHEET__!| OF _! DEDICATION: Magnolia Forest DASE HAVE BEEN COMPLETED AND COMPLIED WITH. SERN ANENT REPEREN At VEN UMENT 5 ROM RD yee ST See VE TA UN-PLATTED \ UTILITY uewater Ba ae 5 ssa" | ay SEMENT 445.33’ ; 1B4.34° : . a r ' KR va) 260.99’ ST rm eee ee A Single - Family Residential Development io] 8 19 | | A . a s ° “> my] um Situated In Section 15, Township-1-South, Range-22-West, © & <IK 5 5625'03"/E je . - ~s|h 40.00" | 13 ws Okaloosa County, Florida 5 5 y, Lo ny 10’ DRAINAGE & Zz | ON ' 6. UTILITY EASEMENT ay A NN BSa, (TYPICAL) ‘A N ay a "CURVE TABLE | Bl Sky _ is LEGAL DESCRIPTION: FUTURE DEVELOPMENT #3 Se Ms CURVE | RADIUS | LENGTH CHORD BEARING DELTA 5 oh A 165.95" 73,74" 73.14 N 791617" £ | 25°97°33" UN—PLATTED A) B 338.03 | 194.46 191.79 S 500341" W | 32°57'39" Zz C1 221.33" 98.35" 97.54" S 791617" W | 252733" COMMENCE AT THE CONCRETE MONUMENT (HEIDT & ASSOC. — 1980 EGLIN AFB C2 318.03" 51.55° 51.49’ S 61°53'54” W 091712” BOUNDARY MARKER) MARKING THE SOUTHWEST CORNER OF SECTION 15, ae eee ee eee rear SALA SO Ct Mane ART MON, Ne C4 318.03 10.00° 10.00" N 34°29'00" E | 014807" PUR 49. '27'08" C5 25 00’ 79.40" a7 74" N 000627” W 670748" POINT OF BEGINNING; THENCE CONTINUE NO2°00'04”E ALONG SAID WEST S fers W <a oOo" EAGT ow S OORT ET Bra 4g LINE FOR 365.06 FEET; THENCE DEPARTING SAID WEST LINE RUN ; <5 <0 OO) Or rat SS BTTe oT ET BT Oa aR S87°59'56"E FOR 45.61 FEET; THENCE RUN N66'32’30"E FOR 475.63 nn aR 75 60" so ag soap TS ETIS OTE Tt By oo 4B FEET; THENCE N41°52’39"E FOR 59.48 FEET: THENCE N33°34’57"E FOR S 241902 W a6 x58 07 Sap aay y 3BBPS ET OS Se SF 160.00 FEET; THENCE NO1°41'37"E FOR 128.95 FEET TO THE NORTH LINE 913° OS SF SS S415 38 SS OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 15; THENCE C10 398.05 98.77 38.70. S 4475 40 W | 09°24 15° $8818'23"E ALONG SAID LINE FOR 445.33 FEET; THENCE DEPARTING SAID C11 358.05 58.56" 58.50" N 53°38°57" E | 09°22"18" QUARTER—QUARTER LINE RUN ALONG THE WESTERLY BOUNDARY OF THE C12 358.03 91.29 01.24 N 62°26 20 E 08°12 28 FAIRWAY NUMBER 4 OF THE MAGNOLIA GOLF COURSE AT BLUEWATER BAY THE FOLLOWING COURSES; THENCE $33°34’57°W FOR 132.83 FEET: THENCE $43°27'08"W FOR 8.58 FEET; THENCE $24°19'02"W FOR 9.13 FEET: THENCE $33°34’57"W FOR 491.78 FEET: THENCE $66°32’30"W FOR 781.22 FEET TO THE POINT OF BEGINNING, CONTAINING 8.40 ACRES MORE OR PLAT LEGEND LESS. @ = PERMANENT CONTROL POINT (P.C.P.), CORPORATION #3501 (G.C.T.), BRASS NAIL & DISC., SET C1 = CURVE & NUMBER TO CURVE TABLE FOR LOTS (A) = CURVE & LETTER TO CURVE TABLE FOR CENTERLINE E.P.A. = ENVIRONMENTAL PRESERVATION AREA (N.R.) = ANY LINE EXTENDING FROM A CURVED W __———} E LINE AS SHOWN HERON IS NON—RADIAL _—— R/W = RIGHT OF WAY C/L = CENTERLINE FUTURE DEVELOPMENT () = DEGREES () = FEET OR MINUTES (") = SECONDS UN—PLATTED # = NUMBER P.T. = POINT OF TANGENCY P.C. = POINT OF CURVATURE | P.R.M. = PERMANENT REFERENCE MONUMENT | P.C.P. = PERMANENT CONTROL POINT ; R = RADIUS | | DRAIN. = DRAINAGE G.C.T. = GUSTIN, COTHERN & TUCKER, INC. 50 25 | | ESMT. = EASEMENT 0 50 100 | (TYP.) = TYPICAL a pe { | UTIL. = UTILITY | | | GRAPHIC SCALE ! ” _ 5] | | ! ” = 50 { t ! | | I i ! ! | S 87°59'56" E TITLE OPINION: 61’ | ’ IT IS THE OPINION OF THE UNDERSIGNED TITLE COMPANY, LICENSED IN THE STATE OF FLORIDA, THAT TITLE TO THE LANDS DESCRIBED HEREON IS IN THE NAMES OF THE DEDICATORS AS SHOWN | HEREON AND THAT THERE ARE NO UNSATISFIED MORTGAGES ON SAID LAND OTHER THAN AS | SHOWN HEREON. OPINION RENDERED ON THE _|3® _ DAY OF May | 1996. <x | a. ADVANCE. TITLE t “| { « | 2 Oo io) gt | 3 | BY: Soni | | — | AMUEL E. SUTTON, TITLE EXAMINER i ak | | gl | | | ae) . | | ogg PLANNING COMMISSION APPROVAL: | ; THIS CERTIFIES THAT THIS PLAT WAS PRESENTED TO THE PLANNING, POMMISSIO OF OKALOOSA | ° COUNTY, FLORIDA AND APPROVED ON THE _ © DAY OF Ce _ 1996 — ) | | LN _e, Lt “ (pif ion ss | , S87°59'56"E 8 CHAIRMAN / 40.00’ v Te CERTIFICATION BY TAX COLLECTOR: | | | | | | | | | | ! | J sinc|eo ey | | < 40’ 40' Ww ee ee i (EXISTING 80’ R/W) N_02°00'04” £ |. CHRIS HUGHES, DO HEREBY CERTIFY THAT TAXES HAVE BEEN PAID FOR THE TAX YEAR COUNTY COMMISSIONERS’ APPROVAL: + FOR THE PRL DESCRIBED HEREON TO THE BEST OF MY KNOWLEDGE AS OF THIS THIS CERTIFIES THAT THIS PLAT WAS PRESENTED TO THE BOARD OF COUNTY COMMISSIONERS , 1996. OF OK OSA COUNTY, FLORIDA, AND WAS APPROVED THEM FOR THE RECORD ON THIS DAY OF , 1996. | | Jn 7 Be Cita Higbee bey VO Qs bic Qos a i ewe CHRIS HUGHES, TAX LLECTOR, O@ALOOSA COUNTY, FLORIDA WZ a COUNTY CLERK'S APPROVAL: MEMBER |, NEWMAN C. BRACKIN, CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY, FLORIDA, HEREBY CERTIFY THAT THIS PLAT COMPLIES WITH ALL THE PROVISIONS OF GHAPTER 177, N THE alist wor FLORIDA STATUTES, AND WAS FILED FOR THE RECORD fe) PRY OF , 1996, IN PLAT BOOK Le | PAGE ~~ \ eri Liay aa , wo j DAY OF CHAIRMAN 28 dead PESTER MEMBER 7-7 COUNTY ENGINEER'S APPROVAL: POINT OF BEGINNING ) C 1. C Sect COURT PKALOOSA COUNTY, FLORIDA PARCEL "EFI—1” GENERAL NOTES: scm; : , FOUND CONC. MONUMENT by t Ly 4) | D c PRESENTED JO AND APPROVED BY THE, COUNTY ENGINEER OF OKALOOSA COUNTY, FLORIDA,. #5501 1. Bearings shown hereon are referenced to N 02°00’04" E along the west line of ; THIS ae DAY OF , 1996. Section 15, Township 1 South, Range 22 West, Okaloosa County, Florida according to the legal description as furnished (See above.) 2. There may be additional restrictions not recorded on this plat that may be found in the public records of this county. Underground encroachments, if any, not located except as shown hereon. SURVEYOR'S CERTIFICATE: sek I, ALLEN E. TUCKER, HEREBY CERTIFY THAT | PREPARED THIS PLAT ANQ- AND CORRECT REPRESENTATION OF LAND SURVEYED UNDER MY DIRECTIO THE PRM’S HAVE BEEN SET AS INDICATED HEREON AND THAT IT CON PROVISIONS QF CHAPTER 177, FLORIDA STATUTES. ’ COUNTY EMGINEER Lines extending from curved lines are radial unless otherwise shown. POINT OF COMMENCEMENT _—_—— ——— (BEARING REFERENCE N 02°00’04” £ Distances shown along curved lines are lengths of arc. EGLIN A.F.B. (HEIDT 1980) FOUND CONC. MONUMENT SOUTHWEST CORNER SECTION 15 OY ae - TOWNSHIP 1 SOUTH. RANGE 22 WEST ALLEN E. TUCKER, REGISTERED LAND SURVEYOR NO. 4584 > eae ~) a WY OKALOOSA COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS THAT WAYNE JT. BOYETTIE AND C. WAYNE JONES, THE INDIVIDUALS