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

permits shall supersede any conflicting provisions, with the exception of the terms providing for reimbursement rights. The City shall have the right to enter upon the right of way for the purposes stated in Paragraph 2. Maintenance of the facilities shall include the right to trim trees, brush, and growth, which might adversely affect the facilities, provided there are no adverse effects on the operation and safety of the FDOT' s facilities. Subject to the provisions of Paragraph 2 above, the City agrees to repair any damages to the FDOT facilities resulting from the act or omission of the City. a- ly BK: 3483 PG: 2812 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. STATE OF FLORID EPARTMENT Signed, sealed and delivered in the presence of witn sses: OF TRANSPORT N By; fss C k Phillip Gainer, P. E. Title: District Secretary for District 3 Barbie Pettis STATE OF FLORIDA COUNTY OF WASHINGTON 4 The foregoing instrument was ack owledgep before me, by means of" physical presence or D online notarization, this & 1day ofI L20 by Phillip Gainer, as Secretary for District as identification. 3, who is personally known to me or wha has roduce LYNDSEY LOVE Commission# GG261357 Notary Public in and for the Eq)imSeptsmkr23 2022 County and State last aforesaid. OslS'' B9r& dPruhayFah1rmr& eMX5.701 My Commission Expires: Serial No., It any: IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its City Council acting by the Mayor of said Council, the day and year aforesaid. ATTEST: i City of Fort Walton Beach m M. Barnes, City Clerk Richard A. Rynearson, Wyor STATE OF FLORIDA 6th COUNTY OFD > > i physical presence The foregoing instrument was acknowledged before me, by means of or D online notarization, this a day of ftik&M _, 202.0bytthgidis tS2 4 as IdUtification. personally known to me or who has produced Notary Public in and for the County and State last aforesaid. My Commission Expires 113 lot-) Serial No., if any: vs' j4 _ Notary State of Flprida 7 Laraine a Van E>len d' My Comm m on GG 186370 erg Expiraa D3131/ 2022  12. 00 RECORDING: $15.00 RECORDING ARTICLE V: $ FILE #3382092 RCD: 8/13/2020 4: 30 PM, BK: 3483 PG: 2813, DEPUTY CLERK VAUCOX OKALOOSA COUNTY, FLORIDA JD PEACOCK 11 CLERK OF COU , 23-UTL. 04- 03103 May 6, 2020 This instrument prepared by. or under the dlrawbn of, Shed Redmorn tJ Department of Transportation P. O. Box 607 Chlpley, FL 32426 Legal description approved by: Wilson Dilrnore Parcel 107. 3R Item/ Segment No. 4164742 Managing District 3 S. R. No. 30 (US 98) County Okolooss SUBORDINATION OF CITY UTILITY INTERESTS n , THIS AGREEMENT Is entered Into on r, t 20; Jby and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATI N ( DOT) whose address Is Post Office Box 607, Chlp(ey, Florida 32428, and CITY OF FORT WALTON BEACH, FLORIDA ( 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 willing to pay to have the City's facilities relocated, it neoessary to prevent conflict with the faclUties on the FDOTs 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 or assigns, Its interest in the following described land; A portion of the South A of Lots 6 and 7 of Greater Camp Walton, as per plat recorded In plat Book 1, Page 29 of the Public Records of Okaloosa County, Florida and being In Section 24, Township 2 South, Range 24 West, Okaloosa County, Florida, being described as follows: Commence at a 4 Inch by 4 inch concrete monument (' GusGn Cothem and Tucker Corp 350 PRM7 marking the northeast comer of sold Section 24; thence North 87°31' 11' West 2, 122.68 feet along the north line of said Section 24 to the centerllne of survey of Perry Avenue as shown on F. D. O.T. ( 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); thence South 03' 25'09' West 585.70 feet along said centerline of survey of Perry Avenue to the oenterline of construction 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 construction of State Road 30 ( US 98), having a radius of 1, 432.40 feel, for a distance of 15527 feet, through a central angle of 06' 12' 39' to a point of compound curve to the right concave southwesterty); thence from a tangent bearing of South 66' 58'55' Fast. run southeasterly along said curve, having a radius of 2,850. 00 feet, for a distance of 633.39 feet, through a central angle of 10' 43' 23' to a point of compound curve to the right (concave southwesterly): thence from a tangent bearing of South 66' 15' 32' Eost,. run southeasterly along said curve, having a radius 1, 133.46 feet, for a distance of 22.2. 47 feet, through a central angle of 11' 14' 45' to end of curve; thence departing said centerline of construction, North 44' 59' 13' East 93. 56 feet to the existing easterly right of way fine of Brooks Street SE as shown on said Right of Way Map and POINT OF BK: 3483 PG: 2814 q& BEGINNING; thence departing said existing easterly right of way line. South 37' 28' 33' East 1550. 95 feet to existing westerly right of way line of Alconese Avenue SE as shown on said Right of Way Map; thence South 01' 0423' East 97. 26 feet along said existing westerly right of way line to the existtftp northeasterly right of way line of said State Road 30 ( US 98) as shown on said Right of Way total); thence North 32' 55' 10' West 57.69 feet along said existing northeasterly right of way One to point of tangent ane to the left (concave southwesterly); thence northwesterly along said curve, having a radius of 1, 205.92 feet, for a distance of 112. 85 feet, through a central angle of 05' 21' 43' to a point on said existing easterly right of way One of Brooks Street SE am end of dove; thence North 02' 30' 00' East 76.96 feet along said existing easterly right of way One to POINT OF BEGINNING; Containing 8,070 square feat, more or less. The interest of the City being subordinated includes, but is not necessarily tlmhed to, the interest created by the following described document: INSTRUMENT DATE FROM TO BOOKIPAGE