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

1266 Utility Easement C)0/ 1 I- BK: 3483 PG: 2820 2. 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 FOOT 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 FOOT. ( Approval shall not be withheld or delayed unreasonably.) If the FOOT 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 FOOT 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 FOOT to the City. shall be in accordance with the FDOT' s 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. 3. Notwithstanding the terms of this subordination agreement, the terms of the utility permits shall supersede any conflicting provisions, with the exception of the terms providing for reimbursement rights. 4. The City shall have the right to enter upon the right of way for the purposes staled 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. 5. Subject to the provisions of Paragraph 2 above, the City agrees to repair any damages to the FOOT facilities resuNing from the act or omission of the City. IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDf DEPARTMENT OFTRANSPOR ON in the presence cf wit esses: By: Kflssy CQPIIA Phillip Gainer, P. E. Title: District Secretary for District 3 Pettis STATE OF FLORIDA COUNTY OF WASHINGTON owled a before me, by means of physical presence The foregoing instrum t was a or O online notarization, this da Y of 20 by Phillip Gainer, as Secretary for District as identification. 3, who is personally known to me or who has rodu LYNOSEY LOVE GorwissiontGG261357 Nota Public in and for the Expit" September 23, 2022spp88t: 1019 Count y and Slate last aforesaid. 7y..... o` eo+aaat~ruT'° rF"" My Commission Expires: Serial No., if any, z6T" 0- 11 BK: 3483 PG: 2821 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:` yi City of Fort Walton Beach M M. Bames, City Cler STATE OF FLORIDA COUNTY 0 The foregoing instrument was acknowledged before me, by means of lir'p-hysical presence who is or online notarization, this( g day of---- 20jj9b IA as fident4ication, personally known to me or who has produced & Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: rrr Notary Public State of Flon sa Laraine Van Ellen pMy Commisswn GG t P 370 Expires 9373/ 2022 If OP M1  RECORDING: $ 15.00 RECORDING ARTICLE V: $ 12. 00 FILE #3382095 RCD: 8/ 13/2020 4: 30 PM, BK: 3483 PG: 2822, DEPUTY CLERK TWILCOX OKALOOSA COUNTY, FLORIDA JD PEACOCK II CLERK OF CO , 23- UTL.04-03/ 03 May 6, 2020 This instrument prepared by, or under the dI' mn of. 6had Redmon ilh Department of Transportation P. O. Box 607 Chipley, FL. 32428 Legal description approved by: Wilson Dilmore Parcel 105.4 Item/ Segment No. 4164742 Managing District 3 S. R. No. 30 ( US 98) County Okaloosa SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT is entered Into on UC' t ) 2Q]2')by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTAI VXQ ( FOOT) whose address is Post Office Box 607, Chipley, Florida 32426, 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 laclfitles located on the land. WHEREAS, the proposed use of the land for highway purposes will require subordination by the City to the FOOT of the interest claimed in the land. WHEREAS, the FDOT is willing to pay to have the City's facilities relocated, If necessary to prevent conflict with the facklies 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 folio": The City subordinates to FDOT, its successors or assigns, its interest In the following described land: That part of: Begin at a concrete monument on the South right of way of Brooks Street, which monument is on a line bearing South 0 degrees 02 minutes 30 seconds East, and at a distance of 3653 feet from and North 69 degrees 57 minutes 30 seconds East of the West line of Section 24, Township 2 South, Range 24 West; thence South 0 degrees 02 minutes 30 seconds East a distance of 516.21 feet to a concrete monument; thence continue on the previous bearing a distance of 3. 17 feet to a point waters edge of Santa Rosa Sound; thence along said waters edge to a ooncrete monument which is North 77 degrees 27 minutes 30 seconds East of and 328. 31 feet from the last mentioned monument; thence North 0 degrees 04 minutes 30 seconds East a distance of 137. 45 feet to an Iron pipe on the South right of way line of Main Veet: thence along said right of way line to POINT OF BEGINNING, all lying and being in Okalooss County Florida. LESS AND EXCEPT the portion of Lots 2 and 3 of GREATER CAMP WALTON SUBDIVISION which Iles South of Main Street in the City of Fort Welton Beach, Florida.'; lying within the following described boundaries: Commence at a 4 Inde by 4 Inch concrete monument Gustin Cothem and Tucker Corp 350 PRM') marking the northeast comer of Section 24, Township BK: 3483 PG: 2823 2 South, Range 24 West, Okaloosa County, Florida; thence North 87' 31' 11" West 2.122.68 feet along the north line of said Sedlon 24 to the