Fort Walton Beach Ordinance — 1407--Conveyance of Real Property — reading text

A z o-f. L LEGAL DESCRIPTION: ADDITIONAL RIGHT-OF-WA Y TO FORT WALTON BEACH A PARCEL OF LAND IN SECTION 24r TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A NAIL DISC (NO #) MARKING THE INTERSECTION OF THE EAST RIGHT- OF-WAY LINE OF PERRY AVENUE ( R/W VARIES) AND THE NORTHEASTERLY RIGHT-OF- WAY LINE OF U. S. HIGHWAY 98 ( EXISTING WIDTH VARIES); THENCE N02019' 39" EAlONG SAID EAST RIGHT-OF- WAY LINE OF PERRY AVENUE 9. 91 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 88.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24016'56" AN ARC DISTANCE OF 37. 29 FEET (CHORD = 37. 02'; CHORD BEARING = S57053'36" E) TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 2428. 1 a FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03044'00" AN ARC DISTANCE OF 158. 22 FEET ( CHORD = 158. 19'; CHORD BEARING = S6s010' 05" E); THENCE DEPARTING SAID CURVE, RUN S65047' 15"E 62. 67 FEETTO A POINT ON AFORESAID NORTHEASTERLY RIGHT-OF- WAYUNE OF U. S. HfGHWAY96; THENCEAlONG SAID RIGHT- OF- WAY LINE N66033'22' W71.46 FEETTO A POINT ON A CURVE CONCAVE TO - THE SOUTHWEST AND HAVING A RADIUS OF 1475. 69 FEET; THENCE NORTHwESTERLY AlONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02025'08" AN ARC DISTANCE OF 62. 30 FEET ( CHORD = 62. 30'; CHORD BEARING = N67054'53'WTHENCE DEPARTING SAID CURVE RUN N66042' 05'W 51. 66 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1477.69 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02039' 09" AN ARC DISTANCE OF 68.41 FEET (CHORD = 68.40'; CHORD BEARING = N71 020'21' W TO THE POINT OF BEGINNING. CONTAINING 0.003 ACRES, MORE OR LESS. REVlSEO 3/ 20/ 2000; BEARING N71' 22' 21" W TO N71' 20' 21" W GUSTIN, COTHERN & TUCKER, INC. LAND SURVEYING / CIVIL ENGINEERING 850) 678 - 5141 121 HART STREET ( NICEVlLLE, FL 32578 I HEREBY ctRTFY tHE SURVEY HEREON I.lEUS lEG'L DESCRIP1lON: THE MINII.IIJ1, TECHNICAL STANDARDS SET I PARCEL 3 FORTH B'I' niE SURYt'I' ORS. ' fLORIDA BOARD OF WID PURSUAHT TO SECTION . 72. 027 F\. ORI04 Sf A CtW'1ER 61 7- 8. SEE SHEET 2 OF 2 FOR LEGAL . SKETCH NQTVXJD UNLESS OKAlOOSA BEN n-fERN , , R.LS. W1THm . COUN1V. FlDRID\ EMOOSSED SE1i. PlNOOOK N/ A PIGE. N/ A QB. , 1ct.. 1'M'. 2 S THOM\S W. MYERS. R.LS.NO,4560 see. RGE. 24 W EAST R/W PERRY AVE. 0\11:DRt\VM 2/ 28/ 2000 I3fIolUNG REFERENCE FOR PARADISE GROUP 1'r'SURVEY PE LEGAL/ SKETCH MTEOFSUMY ' NOT A SURVEY G.C.T.. NC. C> 2000 FES.. L.B. # 3501 HITT 1 t" f" ? Prepared by and Return to: Robert A. ForJizzo, Esquire FORLIZZO LAW GROUP, P.A. 2903 Rigsby Lane Safety Harbor, FL 34695 SIDEWALK AND SIGN EASEMENT THIS SIDEWALK AND SIGN EASEMENT is entered into this day of 2000, by and between THE SHOPPES AT PARADISE POINTE, LTD., a Florida limited partnership (" Grantor") and THE CITY OF FORT WALTON BEACH, FLORIDA, a Florida Municipal corporation (" Grantee"). WIT N E SSE T H: WHEREAS, Grantor is the owner of the property described in Exhibit " A" (the Property") annexed hereto; and WHEREAS, Grantee desires an easement over the Property to construct sidewalks; and WHEREAS, Grantee wishes to erect a sign identifying The City of Fort Walton Beach and welcoming the public thereto (the " Sign"); and WHEREAS, Grantor and Grantee have agreed and wish to grant said easement to Grantee and define the extent of said sidewalk and sign easement in this Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: t. Easements: a) Grantor hereby grants to Grantee, its successors and/or assigns, a perpetual non- exclusive easement and right to construct, instan, maintain and repair the 'Sign with related landscaping, irrigation lines, electrical1ines and lighting, as described in the specifications attached hereto and made a part hereof as Exhibit " B" ( the " Specifications"). Said Sign shall only be constructed in the portion of the Exhibit " A" property which is cross- hatched. b) Grantor hereby grants to Grantee, its successors and/or assigns, a perpetual non- exclusive easement to construct and maintain sidewalks within the perimeter of the Exhi~ it " A" Property. 2. Rights and Duties: a) Grantee shall construct and maintain the sign and sidewalks in accordance with the Specifications. Grantor agrees, at its expense, to move the existing sign to the new location. 1  g) Indemnification: Grantor and Grantee shall each indemnify and hold the other hannless ftom and against a11 claims, liabilities and expenses ( including reasonable attorneys' fees) relating to accidents, injuries, loss or damage of or to any person or property arising from the negligent, intentional or willful acts or omissions of contractors, employees, agents, or others acting on their behalf. Nothing herein shaH be construed as a waiver by the City of sovereign immunity pursuant to Section 768. 28, Florida Statutes, as amended. h) Insurance: Throughout the tenn of this Easement, Grantee shall procure and maintain general and/or comprehensive public liability and property damage insurance against claims for personal injury (including contractual liability arising under the indemnity provision contained above), death, or property damage occurring upon the Property, with single limit coverage of not less than an aggregate of One Million and nolJ 00 DoUars ($ 1, 000,000. 00) including umbreUa coverage, if any, and naming Grantor or their successors and/or assigns as additional insureds. i) Conditional Grant: The grant of this Easement is specifically conditioned upon the Grantor obtaining title to the Exhibit " A" property ( the " Property") and this agreement and the easements granted herein shall be null and void if Grantor fails to obtain title to the Property. IN WITNESS WHEREOF, the parties hereto have caused this Sidewalk and Sign Easement to be executed under seal, by their respective duly authorized officers as of the day and year first above written. GRANTOR: THE SHOPPES AT PARADISE POINTE, LTD., a Florida limited partnership By: PARADISE DEVELOPMENT GROUP, Signed, Sealed and Delivered INC., a Florida corporation,. " in the Presence of: its General Partner " By: Witness Signature ROBERT LEE HOFFMAN, Printed Name: Vice President Witness Signature Printed Name: STATE OF GEORGIA ) 3 COUNTY OF COBB ) The foregoing instrument was acknowledged before me this day of 2000, by ROBERT LEE HOFFMAN, as Vice President of PARADISE DEVELOPMENT GROUP, INC., a Florida the General Partner of THE SHOPPES AT PARADISE corporation, POINTE, LTD., a Florida limited partnership, on behalf of the corporation and the partnership. He is personally known to me. Printed Name: Notary Public My Commission Expires: GRANTEE: Signed, Sealed and Delivered CITY OF FORT WALTON BEACH, in the Presence of: FLORIDA, a Florida Municipal corporation By: Witness Signature Printed Name: Witness Signature Printed Name: STATE OF FLORIDA ~ ) COUNTY OF OKALOOSA ) The foregoing instrument was acknowledged before me this day of 2000, by , as of CITY OF FORT WALTON BEACH, FLORIDA, a Florida Municipal corporation, on behalf of the corporation, who is personally known to me. Printed Name: Notary Public My Commission Expires: 4 Mar- 22- 00 04: 46P f ....._ LEGAL DESCRIPTION: EASEMENT FOR SIDEWALK AND SIGN TO FORT WALTON BEACH, FLORIDA A PARCEL OF lAND IN SECTION 2.4, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNlY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NAIL AND DISK (NO #) MARKING THE INTERSECTION OF THE EAST RIGHT- OF- WAY LINE OF PERRY AVENUE ( RNI VARIES) AND THE