Fort Walton Beach Resolution — 2020-04--FDOT Sub Agree--Brooks Bridge Replacement — reading text

1" 0 RESOLUTION 2020- 4 FDOT Subordination Agreements for Brooks Bridge Replacement WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 30 ( US 98), Financial Project No. 415474- 2, in Okaloosa County; and WHEREAS, it is necessary that certain easement rights now owned by the City of Fort Walton Beach, Florida, be subordinated to the rights of the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation the attached subordination of utility interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, 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, 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 should be drawn and executed by this City Council. Section 1. Subordination of the following described utility interests The City Council of the City of Fort Walton Beach, Florida subordinates the following utility easements to FDOT for the replacement of Brooks Bridge: City Easement E- 365 ( FDOT Parcel 100.7): Easement further defined in Book 1429, Page 1850 of Official Records of Okaloosa County. City Easement E- 536 ( FDOT Parcel 107. 3R): Easement further defined in Book 3213, Page 3968 of Official Records of Okaloosa County. 3. City Easement E- 521 ( FDOT Parcel 119. 2): Easement further defined in Book 2825, Page 1894 of Official Records of Okaloosa County. 4. City Easement E- 481 ( FDOT Parcel 122. 2): Easement further defined in Book 2381, Page 1266 of Okaloosa County Official Records. 5. City Easement E- 543 ( FDOT Parcel 105. 4): Easement further defined in Book 3277, Page 1276 of Okaloosa County Official Records. Section 2. Transmittal of Resolution  RESOLUTION 2020- 4 Upon City Council approval of this Resolution, the adopted Resolution will be forwarded to the Florida Department of Transportation in Chipley, Florida for consideration. Section 3. Effective Date This Resolution shall become effective upon adoption by City Council and signature of the Mayor. Adopted: Mtw j aoao Richard A. Rynearson, M yor Attest: Approved for form, legal sufficiency Kim . Barnes, City Clerk Hayw..rd Dykes, !.., t;ih''. ttorney  RECORDING: S15. 00 RECORDING ARTICLE V: $ 12. 00 FILE #3382091 RCD: 8/ 13/ 2020 4: 30 PM, BK: 3483 PG: 2810, DEPUTY CLERK TWILCOX OKALOOSA COUNTY, FLORIDA JD PEACOCK II CLERK OF COU , 23- UTL. 04- 03103 November 27, 2019 This instrument prepared by, or under the direction of, Shad Redmon Department of Transportation P. O. Box 607 Chipley, FL 32428 Legal description approved by: Parcel 100. 7 Eddy Rudd llem/ Segmenl No. 4154742 Managing District 3 S. R. No. 30 ( US 98) County Okaloosa SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT is entered into on 1, 20- by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ( FDO— T) whose address is Post Office Box 607. Chipley, Florida 32428, and City of Fort Walton Beach ( City). WITNESSETH: WHEREAS, the City presently has an interest in land that is necessary for highway purposes and the City has facilities located on the land. WHEREAS, the proposed use of the land for highway purposes will require subordination by the City to the FDOT of the interest claimed in the land. WHEREAS, the FDOT is wilting to pay to have the City' s facilities relocated, 9 necessary to prevent conflict with the facilities on the FDOT' s Project No. 4154742. THEREFORE, in consideration of the mutual covenants and promises of the parties, the City and the FDOT agree as follows. The City subordinates to FDOT, its successors ar assigns, its interest in the following described land: A parcel of land lying in Section 24, Township 2 South, Range 24 West, Okaloosa County, Florida, lying northerly of State Road 30 ( US Highway 98), easterly of Perry Avenue and westerly of Florida Blanca Place ( Street) as shown on Florida Department of Transportation ( F. D. O. T.) Right of Way Map F. P. No. 4154742 ( said map being on file at F. D.O. T. District 3 Office, Chipley, Florida) and being described as follows: Commence at a 4 inch by 4 inch concrete monument (' Gustin Cothern and Tucker Corp 350 PRM') marking the northeast corner of Section 24, Township 2 South, Range 24 West; thence North 87° 31' 11" West 2, 122.68 feet along the north line of said Section 24 to the centerline of survey of Perry Avenue as shown on said Right of Way Map; thence South 03°25' 09' West 585. 70 feet along said centerline of survey of Perry Avenue to the centerline of survey of State Road 30 ( US 98) as shown on said Right of Way Map, said point being on a non -tangent curve to the right (concave southwesterly); thence from a tangent bearing of South 73° 11' 34" East, run southeasterly along said curve and along said centerline of survey of State Road 30 ( US 98), having a radius of 1, 432. 40 feet, for a distance of 39.59 feet, through a central angle of 01` 35' 01' to end of curve: thence departing said centerline of survey. run North 18° 23' 27' East 45.00 feet to an intersection of the existing northerly right of way line of State Road 30 ( US 98) with the existing easterly right of way line of Perry Avenue, as shown on said Right of Way Map and POINT OF BEGINNING; thence North 03° 25'09" East 36.20 feet along said existing easterly right of way line of Perry Avenue; thence departing said easterly right of way line, run South 42°49'05' East 41. 99 feet to a point on a non -tangent curve to the right ( concave southwesterly); thence from a tangent bearing of South 70° 33' 20" East, run southeasterly along said curve, having a radius of 1, 492.40 feet, for a distance of 93.08 feet, through a central angle of 03° 34' 25' to a point of compound curve to the right concave southwesterly) : thence southeasterly along said curve, having a radius of 2,910.00 feet, for a distance of 30.28 feet, through a central angle of 00°35'47" to end of curve; thence North 23°36'51" East 8.00 feet; thence South 64° 44' 21" East 266. 35 feet; thence North 28° 50' 29` East 11. 50 feet; ILI BK: 3483 PG: 2811 thence South 64°46' 18" East 120.01 feel to the existing westerly right of way Nne of Florida Blanca Street, as shown on said Right of Way Map; thence South 02°58'30' West 63.99 feet along said westerly right of way line to said existing northerly right of way line of State Road 30 (US 98); thence North 57°04'24' West 164. 80 feet along said northerly right of way line; thence North 64° 31' 38' West 166.90 feet; thence North 65031' 58' West 168. 18 feet; thence North 70°24'52' West 61. 63 feet along said northerly right of way line to POINT OF BEGINNING; Containing 16,022 square feet, more or less. The Interest of the City being subordinated includes, but is not necessarily limited to, the interest created by the following described document: RECORDED: INSTRUMENT DATE FROM TO BOOKIPAGE Fort Walton Beach, FL 1429/ 1850 Sewer 6- 16- 87 Perry Street LTD easement The City 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 City 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.) K 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 City, and all payments and reimbursements by the FDOT to the City, shall be In accordance with the FDOTs 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 City. Notwithstanding the terms of this subordination agreement, the terms of the utility