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

centerline of survey of Perry Avenue as shown 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 Offios, Clupley, Florida); thence South 03' 25'08' West 585.70 feet along said centerline of survey of Perry Avenue to the centerline of construction of State Road 30 ( US 98) as shown on said Right of Way Map, sold point being on a non -tangent curve to the right ( concave southwesterly); thence from is tangent bearing of South 73111' 34' East, run southeasterly along said oenlerfine of construction of State Road 30 ( US 98) and said curve having a radius of 1, 432. 40 feet, for a distance of 15527 feet, thmgh a central angle of D6' 12'39' to a point of compound curve to the right ( concave southwesterly); thenoe southeasterly along said oenterline of construction and said curve, having a radius of 2.850.00 feet, for a distance of 247.38 feet, through a central angle of 04' 68'24' to end of curve; thence departing sold centerline of construction, run South 27' 59' 29' West 141. 91 feet to the POINT OF BEGINNING on the existing southerly right of way line of Brooks Street SE, as shown on said Right of Way Map; thence South 88' 27'16" East 23.40 feet along said southerty right of Kray fine of Brooks Street SE; thence North 8D' 18' 02' East 100.56 feet along sold southerly right of way line to the southeriy right of way fine of State Rood 30 as shown on said Right of Way Map; thence South 64' 05'04' East 33.77 feet along said southerly right of way One of State Road 30 and to a point on a nondangent curve to the right (concave southwesterly); thence from a tangent bearing of South 61' 0108' East, southeasterly along said soulherty right of way. line and said curve having a radius of 1, 399.4D feet, for a distance of 322. 361set, through a central angle of 13' 11' 64' to end of curve; therm departing said southerly right of way line of State Road 30, run North 68' 05' 10' West 89. 05 feet to a point on a non -tangent curve to the right (concave northerly) thence from a tangent bearing of North 58' 1 D' 02" West, run northwesterly along said clove, having a radius of 154.00 feet, for a distance of 1625 W. through a central angle of 06' 02' 39' to and of curve and a point on a non -tangent curve to the left (concave southerly); thence from a tangent bearing of North 52' 03' 48' West, run northwesterly along sold curve having a radius of 1, 008. 32 feel, for a distance of 74.33 feet, through a central angle of 04' 1326' to end of curve; thence North 56' 16' 41' West 139.98 feet to a point of non -tangent curve to the tuft ( concave southwesterly); thence from a tangent bearing of 56' 17'41" Weal run norttwvestedy along said curve, having a radius of 276.67 feet, for a distance of 132. 97 feet, through a central angle of 27' 32' 09" to end of curve; thence North Dell 1' 11' East 6.04 feet to POINT OF BEGINNING; Containing 12. 970 square feet, more or less. The tnterew of the City being subordinated includes, but is not necessarily limited to, the Interest created by the following described document: INSTRUMENT DATE FROM TO BOOK/ PAGE Water/Sewer 08/ 22/ 2016 Emerald Coast City of Fort Wahon OR 3277 Easement Property Group Beach, Florida PG 1276 The City shall have the right to relocate Its facillfies within the FDOT right of way and the right to receive reimbursement from the FDOT for the relocation. Subsequent to the relocation, the City shag 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.) It the FDOT does not allow the first relocation of the facilities within the right of way or should the FDOT requtm 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 wither the right of way by the City, and all payments and reimbursements by the FDOT 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. 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. BK: 3483 PG: 2824 4. The City shall have the right to enter upon the right of way for the purposes stated in Paragraph 2. Maintenance of the fadlities 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 safely of the FDOTs facilitles, Subject to the provisions of Paragraph 2 above, the City agrees to repair any damages to the FDOT facilities resutting from the act or omission of the City. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OFFLORI DEPARTMENT In the resence of witn sas: OF SPO ION 1 lip 8y: Tnssy Cc Phillip Gainer, P. E. 0 b' Pettis JC Title: District Secretary for District 3 STATE OF FLORIDA COUNTY OF WASHINGTON The foregoing Instrum t was ack wledge Belo e, by means of 6ftsicai presence or O online notarization, this da y o! 20 y Phinf P Gainer Secretary for District identification. 3, who is personalty known to me or who has oduced I_. nI n 1 wr.rr LYNDSEYLOVE Commission I GG 261367 County andlState last aforesaid. A Expires September 23, 2022 My Commission Expires: a" BawW% uTroy F* hzmnce8004VSr700 Serial No., 6 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: / -" City of Fort Walton Beach Im M. Barnes, City Clerk ', oh A. Rynearson, STATE OF FLORIDA ft wvyy Gc m COUNTY Ol ll_ The foregoing instrument was ackii ' store me, by means of 014ysical presence Aa , who is or 0 online notarization, this day of — 2Q_Qby ,, personally known tome or who has produced r NM. t as identifinalion. 1 Notary Public In and for the County and State last aforesaid. My Commission Expires: Serial No., if any: tary P014 State nt Fip„ ti raine Van Etlen Comm.-. onGG 18677, pires 0313t/ 2o22  mTtF4*£^^ f £Et£ n F£ EE^^ vYY