Okaloosa County BOCC — January 5, 2016 — The Gulf Agreement — reading text

AGREEMENT FOR COORDINATION OF DEVELOPMENT ACTIVITIES WHEREAS the undersigned FWGV, LLC, a Florida Limited Liability Company (hereinafter "Developer"), is the owner and developer of that certain real property and appurtenant improvements (hereinafter the “Development) lying within Section 24, Township 2 South, Range 24 West in Okaloosa County, Florida (hereinafter "County") being more particularly described as follows: BEGIN AT THE SOUTHWEST CORNER OF LOT 38, BLOCK 12, PLAT OF SANTA ROSA ISLAND, AS RECORDED IN PLAT BOOK 2, PAGE 84E OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SIBERT STREET, AND PROCEED THENCE NORTH 41 DEGREES 21 MINUTES 36 SECONDS WEST, ON SAID NORTHEASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 171.24 FEET TO A POINT ON A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 95 DEGREES 45 MINUTES 01 SECONDS; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY LINE, PROCEED NORTHERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 41.78 FEET, (CHORD BEARING AND DISTANCE = NORTH 06 DEGREES 30 MINUTES 55 SECONDS EAST, FOR A DISTANCE OF 37.08 FEET) TO A POINT OF REVERSE CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 55.00 FEET, THROUGH A CENTRAL ANGLE OF 155 DEGREES 48 MINUTES 25 SECONDS; THENCE PROCEED NORTHWESTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 149.56 FEET, (CHORD BEARING AND DISTANCE = NORTH 23 DEGREES 30 MINUTES 48 SECONDS WEST, FOR A DISTANCE OF 107.56 FEET); THENCE SOUTH 78 DEGREES 35 MINUTES 00 SECONDS WEST, FOR A DISTANCE OF 6.56 FEET; THENCE NORTH 09 DEGREES 45 MINUTES 08 SECONDS WEST, FOR A DISTANCE OF 5.00 FEET TO THE SOUTHWEST CORNER OF LOT 25, BLOCK 12, PLAT OF SANTA ROSA ISLAND; THENCE NORTH 11 DEGREES 10 MINUTES 23 SECONDS WEST, ON THE WEST LINE OF SAID LOT 25, FOR A DISTANCE OF 185.08 FEET, MORE OF LESS, TO THE MEAN HIGH WATER LINE OF SANTA ROSA SOUND, BEING ON THE FACE OF AN EXISTING SEAWALL; THENCE LEAVING SAID WEST LINE OF LOT 25, PROCEED ALONG SAID MEAN HIGH WATER LINE AND SEAWALL AS FOLLOWS: THENCE NORTH 81 DEGREES 00 MINUTES 26 SECONDS EAST, FOR A DISTANCE OF 113.47 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 50 SECONDS EAST, FOR A DISTANCE OF 124.11 FEET, THENCE NORTH 87 DEGREES 10 MINUTES 29 SECONDS EAST, FOR A DISTANCE OF 71.51 FEET; THENCE NORTH 87 DEGREES 22 MINUTES 49 SECONDS EAST, FOR A DISTANCE OF 65.66 FEET; THENCE NORTH 76 DEGREES 43 MINUTES 15 SECONDS EAST, FOR A DISTANCE OF 29.95 FEET; THENCE NORTH 78 DEGREES 29 MINUTES 56 SECONDS EAST, FOR A DISTANCE OF 63.56 FEET; THENCE LEAVING SAID MEAN HIGH WATER LINE AND SEAWALL. PROCEED SOUTH 11 DEGREES 10 MINUTES 23 SECONDS EAST, FOR A DISTANCE OF 157.74 FEET, MORE OR LESS, TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 62.50 FEET, THROUGH A CENTRAL ANGLE OF 94 DEGREES 4l MINUTES 56 SECONDS; THENCE PROCEED SOUTHEASTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 103.31 FEET, (CHORD BEARING AND DISTANCE = SOUTH 38 DEGREES 56 MINUTES 24 SECONDS EAST, FOR A DISTANCE OF 91.94 FEET); THENCE SOUTH 08 DEGREES 10 MINUTES 10 SECONDS WEST, FOR A DISTANCE OF 130.62 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 87.50 FEET, THROUGH A CENTRAL ANGLE OF 70 DEGREES 29 MINUTES 17 SECONDS; THENCE PROCEED SOUTHWESTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 107.65 FEET, (CHORD BEARING AND DISTANCE = SOUTH 43 DEGREES 24 MINUTES 03 SECONDS WEST, FOR A DISTANCE OF 100.99 FEET); THENCE NORTH 11 DEGREES 13 MINUTES 31 SECONDS WEST, FOR A DISTANCE OF 12.50 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF MARLER DRIVE; THENCE PROCEED ALONG SAID NORTHERLY RIGHT OF WAY LINE AS FOLLOWS: THENCE SOUTH 78 DEGREES 42 MINUTES 19 SECONDS WEST, FOR A DISTANCE OF 150.36 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 253.63 FEET, THROUGH A CENTRAL ANGLE OF 30 DEGREES 03 MINUTES 52 SECONDS; THENCE PROCEED SOUTHWESTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 133.09 FEET, (CHORD BEARING AND DISTANCE = SOUTH 65 DEGREES 45 MINUTES 00 SECONDS WEST, FOR A DISTANCE OF 131.56 FEET) TO THE POINT OF BEGINNING.CONTAINING 4.442 ACRES, MORE OR LESS. WHEREAS Developer has submitted a Development plan to County which involves the vacation of a portion of a public right-of-way known as Marler Drive; WHEREAS the County is desirous of creating a pedestrian boardwalk/walkway along the waterfront of the Development for access to and from Marler Park, which lies to the east of the Development; WHEREAS, the County seeks to coordinate with the Developer to assist in the various development activities, NOW THEREFORE, Developer and County hereby agree to the following: Is That the Developer has filed with a County, a Petition to vacate a portion of Marler Drive. That Petition, if granted by the Board of County Commissioners will vest fee simple title to the adjoining property owners, in accordance with Florida Law, subject only to a utility easement. The legal description of the portion of Marler Drive sought to be vacated is a portion of Marler Drive, lying within Section 24, Township 2 South, Range 24 West, Okaloosa County Florida and being more particularly described as follows: COMMENCE AT THE SOUTHWEST CORNER OF LOT 38, BLOCK 12, PLAT OF SANTA ROSA ISLAND, AS RECORDED IN PLAT BOOK 2, PAGE 84E OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF MARLER DRIVE (25' R/W), AND BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 253.63 FEET, THROUGH A CENTRAL ANGLE OF 30 DEGREES 03 MINUTES 52 SECONDS; THENCE PROCEED NORTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF 133.09 FEET, (CHORD BEARING AND DISTANCE = NORTH 65 DEGREES 45 MINUTES 00 SECONDS EAST, FOR A DISTANCE OF 131.56 FEET); THENCE NORTH 78 DEGREES 42 MINUTES 19 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 150.36 FEET TO THE POINT OF BEGINNING; SAID POINT BEING A POINT ON A CURVE CONCAVE NORTHWEST, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 70 DEGREES 26 MINUTES 25 SECONDS; THENCE PROCEED NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF 9221 FEET, (CHORD BEARING AND DISTANCE = NORTH 43 DEGREES 27 MINUTES 12 SECONDS EAST, FOR A DISTANCE OF 86.51 FEET); THENCE NORTH 08 DEGREES 09 MINUTES 43 SECONDS EAST, ON SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 130.81 FEET TO A POINT ON A CURVE CONCAVE SOUTHWEST, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 109 DEGREES 43 MINUTES 18 SECONDS; THENCE PROCEED NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF 95.75 FEET, (CHORD BEARING AND DISTANCE = NORTH 46 DEGREES 32 MINUTES 53 SECONDS WEST, FOR A DISTANCE OF 81.78 FEET); THENCE SOUTH 78 DEGREES 39 MINUTES 13 SECONDS WEST, ON SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 449.89 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, PROCEED NORTH 09 DEGREES 45 MINUTES 08 SECONDS WEST, FOR A DISTANCE OF 24.48 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF AFORESAID MARLER DRIVE; THENCE NORTH 78 DEGREES 35 MINUTES 00 SECONDS EAST, ON SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 449.54 FEET TO A POINT ON A CURVE CONCAVE SOUTHWEST, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 109 DEGREES 28 MINUTES 41 SECONDS; THENCE PROCEED SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF 143.31 FEET, (CHORD BEARING AND DISTANCE = SOUTH 46 DEGREES 22 MINUTES 07 SECONDS EAST, FOR A DISTANCE OF 122.48 FEET); THENCE SOUTH 08 DEGREES 10 MINUTES 10 SECONDS WEST, ON SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 130.60 FEET TO A POINT ON A CURVE CONCAVE NORTHWEST, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 70 DEGREES 30 MINUTES 15 SECONDS; THENCE PROCEED SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF 123.05 FEET, (CHORD BEARING AND DISTANCE = SOUTH 43 DEGREES 24 MINUTES 32 SECONDS WEST, FOR A DISTANCE OF 115.44 FEET); THENCE LEAVING SAID RIGHT OF WAY LINE, PROCEED NORTH 11 DEGREES 13 MINUTES 31 SECONDS WEST, FOR A DISTANCE OF 24.99 FEET TO THE POINT OF BEGINNING. CONTAINING 0.461 ACRES, MORE OR LESS. 2. To the extent that the Board of County Commissioners does not approve the Petition to vacate the portion of Marler Drive, then this Agreement shall be null and void. However, in the event that the Board of County Commissioners approves the Petition to vacate the portion of Marler Drive, then the Developer, within thirty (30) days of the approval of the Petition to vacate a portion of Marler Drive, shall: a. Dedicate to the public, a perpetual easement of the waterfront portion of the development property for public use, for the purpose of establishing a pedestrian boardwalk/walkway for access to and from Marler Park which lies to the east of the Development, as well as any pedestrian traffic occasioned by future development of property lying to the west of the Development. Construction, ownership and maintenance of the boardwalk/walkway shall be the responsibility of the Developer at no expense to the County. Conditions of the pedestrian boardwalk/walkway and public easement shall be kept consistent with the approved development plans as submitted by the Developer and approved by the County. It is anticipated that the boardwalk/walkway will be a minimum of 8 wide for pedestrian traffic and incorporate appropriate rails and access points to maintain safety and ADA compliance; the design of the boardwalk/walkway shall be included with the initial development order design documents. The easement is subject to periodic inspections by the County to determine if conditions remain consistent with the approved development/design documents, The pedestrian boardwalk/walkway shall be kept in good repair, and free of any conditions (uneven surfaces, rotted or missing members, etc) that could pose a hazard to its users. Corrective actions shall be performed by the Developer, at no expense to the County, within 30 days of receipt of written notification; Developer is responsible for obtaining any permits as may be required at the time repairs are made. Construction of the pedestrian boardwalk/walkway will be required as part of the initial development order prior to the issuance of any certificate of occupancy related to said development. The legal description of the property so dedicated is a parcel of land lying within Section 24, Township 2 South, Range 24 West, Okaloosa County, Florida, and being more particularly described as follows: COMMENCE AT THE SOUTHWEST CORNER OF LOT 38, BLOCK 12, PLAT OF SANTA ROSA ISLAND, AS RECORDED IN PLAT 5 BOOK 2, PAGE 84E OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF MARLER DRIVE (25' R/W), AND BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 253.63 FEET, THROUGH A CENTRAL ANGLE OF 30 DEGREES 03 MINUTES 52 SECONDS; THENCE PROCEED NORTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF 133.09 FEET, (CHORD BEARING AND DISTANCE = NORTH 65 DEGREES 45 MINUTES 00 SECONDS EAST, FOR A DISTANCE OF 131.56 FEET); THENCE NORTH 78 DEGREES 42 MINUTES 19 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 150.36 FEET TO A POINT ON A CURVE CONCAVE NORTHWEST, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 70 DEGREES 26 MINUTES 25 SECONDS; THENCE PROCEED NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF 92.21 FEET, (CHORD BEARING AND DISTANCE = NORTH 43 DEGREES 27 MINUTES 12 SECONDS EAST, FOR A DISTANCE OF 86.51 FEET); THENCE NORTH 08 DEGREES 09 MINUTES 43 SECONDS EAST, ON SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 130.81 FEET TO A POINT ON A CURVE CONCAVE SOUTHWEST, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 109 DEGREES 43 MINUTES 18 SECONDS; THENCE PROCEED NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF 95.75 FEET, (CHORD BEARING AND DISTANCE = NORTH 46 DEGREES 32 MINUTES 53 SECONDS