Fort Walton Beach Council agenda — 12-12-06 ‎(regular)‎ — reading text

Public Works Director) Council Action 1 st 2nd Vote: Agenda Item Number: CA- 4  City of Fort Walton Beach, Florida Memorandum DATE: November 27, 2006 TO: Joyce Shanahan, City Manager FROM: Thomas Murray, Public Works Director SUBJECT: lndianola on the Water Condo - Sidewalk and Utility Easement Amendment BacImround: One condition of plan approval by the Public Works Department for lndianola on the Water Condominium, located at 113 Brooks Street SE, was granting of an easement along the north line of the property, for the installation of public sidewalk and utilities along Brooks Street. On June 27, 2005, a 5 foot wide easement was granted to the City along Brooks Street, however, due to unavoidable obstructions the sidewalk was installed outside of the easement area at the east end of the property. Discussion: An Amended Grant of Easement was signed November 1, 2006, by NWEC Development, LLC, owners of the lndianola property, which increased the area of the original 5 foot wide easement, granted on June 27, 2005, to include the as- built location of the public sidewalk along Brooks Street. The amendment was reviewed and approved by the City Attorney as to form and legal sufficiency. Recommendation: Respectfully request that the City Council accept the Amended Grant of Easement ITom NWEC Development, LLC for sidewalk and utilities along the south side of Brooks Street on the lndianola on the Water Condominium property. 7/ 0 to Dale ' C A ilL(  rag~ 1 or 0 Nancy McDonald From: Toni L Craig [ toni@tlcpa. gccoxmail.com] Sent: Wednesday, November 08, 2006 8: 14 AM To: Nancy McDonald Cc: ' Sula McAuley' Subject: RE: Indianola Sidewalk Easement Amendment Sula Therefore, it is legally approved for recording. Thank you both for your great efforts. It's a great day to be a Democrat! Toni L.Craig Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243-6969 Fax: ( 850) 244- 8929 The contents of this message may be at orney-client privileged. Do not disseminate to any other person and please ask if you are uncertain. Original Message----- From: Nancy McDonald [ mailto: nmcdonald@fwb. org] Sent: Tuesday, November 07, 2006 4: 39 PM To: toni@tlcpa. gccoxmail. com Cc: Sula McAuley Subject: FW: Indianola Sidewalk Easement Amendment Toni, The legal description and format of the attached easement amendment for Indianola are acceptable to me. Thank you, Nancy Original Message----- From: Sula McAuley [ mailto: smcauley@mcneesetitle. com] Sent: Monday, November 06, 2006 10: 59 AM To: toni@tlcpa. gccoxmail.com; Nancy McDonald Cc: ' NORMAN SCOTT; Rehheritage@aol. com; mcmastej@bellsouth. net Subject: RE: Indianola Sidewalk Easement Amendment Please see proposed Amended Easement using the exhibits sent to me. Please advise when it is OK to record it..Thanks, 11/ 20/ 2006  1n8tr.. 2376838 8K:2748 fIG. -. Reootded 1 1I1312OOe at 02: PI\ge 1 of 3 50 -:,;;' , Prepared by and after f8cording return to: ECORDIiIG: $ 15.00 Sula McAuley, Attomey DEeD DOcsTAlilPS: $ RECORDING ARTICLE V: $ 12. 00 0.70 McNeese Law Firm 36468 Emerald Caest P1cy Suite 1201 Destin, FL 32541 . DEPIJTy Q.ERK GO!. WEvANr o DONw. HOWAAO.~ OF COURTs. ~ 8 COUNTY. Fl 1. If AMENDED GRANT OF EASEMENT OR Book 2684 Page 2606) STATE OF FLORIDA COUNTY OF OKALOOSA This Indenture made on November I . 2006, by and between NWEC DEVELOPMENT, lLC, a FlOrida limited Liability comPany, whose mailing address is 655 McDonough Road. Hampton, GA 30228, " Grantor" and INDIANOLA ON THE WATER CONDOMINIUM ASSOCIATION, INC. a Florida non- profit corporation, whose mailing address is 113 Brooks Street SE, Fort Walton Beach. Florida 32548, collectively, " Joining Grantor"; and the CIlY OF FORT WALTON BEACH, FLORIDA, a Municipal Corporation, whose mailing address is P. O. Box4009, FortWaltonBeach, FI 32549, " Grantee", do hereby mutually covenant WHEREAS, Grantor, as property owner and Developer of Indlanola on the Water, a Condominium, previously granted an Easement to Grantee dated June 27, 2005 and recorded on February 2, 2006 at Official Record Book 2684 at page 2606 of the pubilc records of Okaloosa County, Florida, ( the " Easemenr) and WHEREAS, during construction of the public sidewalk on the easement granted by Grantor, the actual placement of the public sidewalk concrete was required by necessity to vary fr~m the exact parameters of the legal description of the recorded easement, and WHEREAS, Grantee has agreed to the changes and addition of a new easement area, and WHEREAS, Grantor and Joining Grantor wish to amend the easement legal description to include the additional easement area, it is NOW THEREFORE, for and in consideration of the sum of Ten and n0l100 Dollars ($ 10.00) and other valuable considerations, receipt whereof is hereby acknowledged, Grantor, Joining Grantor and Grantee do hereby agree to amend the legal description of the easement previously granted unto Grentee, Its successors, assigns and legal representatives, to add the area as described on the attached Exhibit -A- 1 and Exhibit A-2." In all other respects, the Easement as previously granted, accepted and recorded ramains the same. IN WITNESS WHEREOF, the following have hereunto set their hand and seals: WI~ ESS: , GRANTOR Q y.,. 5: tJ......-.>'! () JOINING GRANTOR 1 ~ ---:? The Foregoing instrument was acknowledged and~ James R. McMaster as Managing Member of NWEC De before me on November L-, 2006 by pme, LLC on If of the company and as VICe President and Treasurer of Indianola on the Water ond inlum atlon, Inc. on behalf of the corporation and he is personally known to me. . Peggvs.Owens MY~~ 0027!5115 EXPIRES December 26, 7007 8011JID TIt!\! TROYfN~ INSUtAIICl ~ mCN  EXHIBIT FOR AMENDED GRANT OF EASEMENT INDIANOLA ON THE WATER CONDOMINIUMS LEGAL DESCRIPTION: SIDEWALK & UTILITIES EASEMENT AS WRITTEN, REVISED 23 OCT. 2006) AN EASEMENT FOR SIDEWALK AND UTILITIES DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; THENCE SOUTH 880 35' 5T' EAST A DISTANCE OF 1880. 66 FEET; THENCE SOUTH 010 26' 20" WEST, A DISTANCE OF 690.48 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF BROOKS STREET; THENCE SOUTH 800 48' 00" EAST ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE, 11. 58 FEET; THENCE DEPARTING SAID RIGHT-OF- WAY, SOUTH 000 45' 43" WEST, 5. 14 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 00045' 43" WEST, 15. 38 FEET; THENCE NORTH 510 58' 29" WEST, 5.87 FEET; THENCE NORTH 390 13' 05" WEST, 5. 87 FEET; THENCE NORTH 290 24' 45" WEST, 11. 00 FEET TO A POINT ON tHE SOUTHERLY LINE OF AN EASEMENT GRANTED TO THE CITY OF FORT WALTON BEACH, JUNE 27,' 2005, AND RECORDED OFFICIAL RECORDS BOOK 2684, PAGE 2606 OF OKALOOSA COUNTY, FLORIDA; THENCE SOUTH 800 13' 55" EAST, ALONG SAID SOUTHERLY EASEMENT LINE 14. 14 FEET, MORE OR LESS TO THE POINT OF BEGINNING, CONTAINING 0. 003 ACRES, MORE OR LESS. l EXHmIT A-  ADDITIONAL SIDEWALK. UTILITY EASEMENT AT INDIANOLA ON THE WATER 113 BROOKS ST. I