Fort Walton Beach Council agenda — 10-28-14--regular — reading text

the Emerald Coast Science Center, Inc. 1. 2. As part of the property transfer, the Emerald Coast Science Center requires an ingress / egress easement to access the property off of Memorial Parkway SW. 1. 3. A utility easement is also necessary for an existing sanitary sewer main on the property. 1. 4. The sales contract also includes a provision for the Emerald Coast Science Center to utilize the existing signage along Memorial Parkway SW. 2. DISCUSSION: 2. 1. The City Attorney has drafted the necessary easement documents for the ingress / egress easement, utility easement, and the licensing documents for use of the signage. 2. 1. 1. The ingress / egress easement and the utility easement will run with the property, even if the property is sold to another entity in the future. 2. 1. 2. The maintenance responsibilities for the ingress / egress easement will be split 50/ 50 between the City and the Emerald Coast Science Center. 2. 1. 3. The licensing agreement for use of the existing signage along Memorial Parkway SW only applies to the Emerald Coast Science Center. If the property is sold in the future, the signage will revert back to the City. 2. 1. 4. Any changes to the sign will be required to comply with the appropriate sections of the Code of Ordinances and the Land Development Code, and the Emerald Coast Science Center will be required to obtain the appropriate permits to change the sign. 3. FINANCIAL INFORMATION: 3. 1. There is no financial impact from the execution of the easement documents or the licensing documents for the signage. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council authorization for the Mayor to execute the Page 1 of 2 Packet Pg 137  15:3' easement agreements with the Emerald Coast Science Center, Inc. for ingress / egress and for maintenance of an existing sanitary sewer main at 31 Memorial Parkway SW. 4. 2. Staff also recommends City Council authorization for the City Manager to execute the licensing agreement for the Emerald Coast Science Center, Inc. to utilize the signage on Memorial Parkway SW. ATTACHMENTS: 31 Memorial Parkway SW Ingress- Egress Easement ( PDF) 31 Memorial Parkway SW Signage License ( PDF) 31 memorial parkway sw sales contract ( Temp) ( Converted) ( PDF) 31 Memorial Parkway SW Utility& Sewer Easement ( PDF) 31 Memorial Parkway SW NBI Recommendation PDF) 31 Memorial Parkway SW Signage License Agreement ( PDF) 31 Memorial Parkway SW Boundary Survey ( PDF) SIGNATURE BLOCK: Finance Pending City Attorney Completed 10/ 23/ 2014 1: 47 PM Carole Jones Completed 10/ 23/ 2014 2: 06 PM City Manager Completed 10/ 23/ 2014 2: 09 PM City Council Pending 10/ 28/ 2014 6: 00 PM Page 2 of 2 Packet Pg. 138  x1 53a Prepared by and return to: Attorneys' Title of NW Florida, lnc. 4481 Legendary Drive, Suite 200 N Des tin, FL 32541 ca 850- 837- 5118 File Number. 14. 0153 Y This space is reserved for recording- d To Ingress/Egress Easement 2 This Grant of Easement made on the day of October, 2014, by and between the City of Fort Walton Beach, a M Florida Municipal Corporation, herein (" Grantor") and The Emerald Coast Science Center, Inc., a Florida Non- Profit o Corporation, hereinafter(" Grantee"). Wherever used herein the term' s " Grantor" and " Grantee" shall include singular m and plural, heirs, legal representatives and assigns of individuals, and the successors and assignees wherever the context so admits or requires. a) CEi Witnesseth that: rn Whereas, Grantor is the owner of land which contains the parcels described as follows: a, Parcel B and C on Exhibit A, incorporated by reference hereto: to Hereinafter known as" Easement Parcel" located in Okaloosa County, Florida; a/ k/ a Easements" A& B" on the attached Exhibit A. y E Whereas, Grantee is granted an easement for the benefit of the adjoining parcel described as follows: Tract 2 on Exhibit A o N Whereas, Grantor has agreed to' grant a public access easement for Ingress/ Egress purposes to the Grantee over and across the Easement Parcel as specifically described in the attached Exhibit A entitled Project: Lot Split at 31 Memorial a, Parkway SW, Fort Walton Beach, Florida, Section 14, T-2- S, R- 24--W. a) Now, therefore, Grantor, for and consideration of$ 10. 00 and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby grant, bargain, sell and convey to the Grantee, its successors and or y assigns, a perpetual, non- exclusive easement for Ingress/ Egress purposes over, under and across the property described y as the Easement Parcel. rn y The public access easement granted herein shall run with the land and shall burden and benefit the Easement Parcel and a) the property of the Grantee, respectively, and shall inure to the benefit of the Grantee and Grantee' s successors and or assigns, in perpetuity. This easement is granted with the express condition that the Grantee and/ or its successors and assigns hereby release and ca indemnify Grantor and Grantor' s successors and assigns from any and all liability for damages of any kind whatsoever related to the use of the Easement areas by the Grantee, Grantee' s agents, Grantee' s guests and Grantee' s successors as and/ or assigns. To Grantor and Grantee, its successor( s) and or assign( s) shall equally share responsibility for improving and maintaining o the Easement Parcel in equal amounts( 50/ 50). E a) This Easement is given to induce First American Title Insurance Company to insure a right of Ingress/ Egress to the Grantee property. r c In Witness Whereof, Grantor has set its hand the day and year first written above. E r ca File Number: 14. 0153 Packet, Pg. 139  DATED this day of October, 2014. The City of Fort Walton Beach ca WITNESSETH: a Tu Witness Name: