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HomeMy Public PortalAboutResolution 2022-1 Vacating Easement SR 85RESOLUTION: 2022-1 A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA, VACATING AND ABANDONING CERTAIN EASEMENTS MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR RECORDING OF THIS RESOLUTION WITH THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY_; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of the property generally located southerly to the right of way platted as Physicians Drive and Block 600, Lots 1 and 2 of Crescent Park — Phase Three have petitioned the City to vacate and abandon certain easements that run through said property: and WHEREAS, the City has determined that there is no public need for the easements that are requested to be vacated: and WHEREAS, the petitioner has established that it owns fee simple title to the property burdened by such easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 - VACATION OF EASEMENTS. The City hereby releases its interest in and to the easements described below, and vacates, and abandons the City's rights to the following easements set forth in the Public Records of Okaloosa County. Florida, to the extent the City Council has authority to do so: 1. Official Records Book 1088, Page 1416, except that the easternmost 20' of such easement lying along State Road 85 shall not be vacated. 2. Official Records Book 2138, Page 134. 3. Official Records Book 1088. Page 1417, except that the easternmost 20' of such easement lying along State Road 85 shall not be vacated. SECTION 2 - RECORDING. Upon passage, the City Clerk is directed to record a copy of this Resolution in the Public Records of Okaloosa County, Florida. SECTION 3 - EFFECTIVE DATE. This ordinance shall take effect immediately upon its recordation in the Public Records of Okaloosa County, Florida. Attest: yif�.�CG Etizatkth Roy, City Clerk �ae8*r •.,,, O''. Q►Q s s . � • ••�CANIZF-P Inst. #3496705 Bk: 3580 Pg: 2000 Pagel of 11 Recorded: 10/13/2021 2:52 PM RECORDING ARTICLE V. $44.00 RECORDING: $51.00 DEPUTY CLERK CBAKER JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY, FLORIDA mssc ,14�d a ,pooh > 0 ,.�s Awl fr"- cgs . waa r arr, u.�cM yu - ✓ axs tw.i.rnm» a.u,a a • ms-s�s IcM stsa v �wx wns wx tm j Q �qI � i OPHMAWns ONVI 0„I • W mil 1j-pn1 V ujaLao] `uasng � r ode T� \:�., y-.J —r` ! �' � _ / �,• ..,. ��; t.�.__" _ ---� :. �, , - . •�,,- ram. - -- ++ �P '_y 'A A Ira- /` 9ra8'.! ell IN Iig ilk�3.% -- kii i' A lsip 1 x A. Y Wsf ' , 1^ /l 1, -, •' - Y j - `� OF �Y Vlirsi 2 G I :� 'tl%` ,.-- _.-- ,;:,cam-",,.-.--� s'''1./�''�:.:�''I'•+' Ls e a�OJ upsn� JV �0"'n g�' 11 �xc bx o'i awa-ui foslU xi y� . o DNLkgnans GNYI ; :)uI 'ra)pnl V we43e:) 'unsnE) C>b ti taY b�ln�oor*oaw++�o+rtaiI ... .., .. m5�.—.—owk, : Ull 1088?6 1416 U 6,,S E X E N 7 STATE OF FLORIDA ;j-, couNTY or. OKALOOSA TIIIS EASEMENT 'lade this 31st day of MARCH .19 so i= between Alvin McLain as - the party of tile Forst Part and City 01 i;restvicw as t4a party of the Second Part. I all WITNESSETII: That the rst -,)�-.rty, in cons i(!0r:LtiQJl of the sun of One Dollar consideration paid, the receipt of which is hercay grants unto the second party its st4ci:c:i:.or:: :;%d a perpetual case- ment and right of ii;;q Of CCIIStructiag and main- taining water and soxvr a­.d through the following. described land in Ulal a C r;, LI to -wit: j4 adjoining A strip of !a;;,:Ural el to and V ining tile South the `following described property. 4, 11.5 at the TiCorner of tiie '4ortheast. QuarterBegin Section 29. Township 3 North, Range 23 West; thence south 1070 feet; thence East 679.14 ft; thews SOuthw8st8rlY along Highway right-of-way 420 ft for Point of Begizinirig; t;vx= continue Southwesterly along RighwaY right-of-way 210 ft, t;wjm due West to one-half section line Of said section; thence North along said section Ltm 208 ft: cm thence due Ent to Point of Beginning, lying and being in maloosa CoLmty, Florida. By acceptAlm of this Easement the City of Crestview agLws to provide the party of the first put one free sewer line tap - Oct. 03 TO JUNE AND TO i;OLD -.*.c �;Z;-..� ug.-�o ti.,� . Sacand ?arty its as U 64 successors and assigns, aa-.. CL tie 1:4rst Part will co defend tile title to sai(i s claiming rn by, through or under the said party of thc first PLrz. a - IN WITNESS WHEREOF the h�s hcr=unto set his hands and seals tz,,is :.Y or Signed, scaled and delivered n ti. esence of 4 L) 41: ore me, the undersigned authority authorized to lot % ...... P-cknowiedgedments this day Personally appeared me we KALdaS JLl%%'n bp4un '11'kn plin and known to me to be the individ describq aik d .he executed the foregoing instTu ant and ackj'4-,jjcdgod before me that executed the same �?_-purposes therein expressed. d- 14 Cm� 'Ed and O'Ecicial seal th4s 31st.,day A.D., 19 80 %A ary Fubllc My commission 4• i1�i� .a :. +10:; r- u,1088ts1417 E A 5 E X 9 N T STATE OF FLORIDA ;1 COUNTY OF OKALOOSA f THIS EASEMENT Made this Is& day of A,ri'l , 1990, between Walter T. Parker. Jr. Hen:•; V. Day, Bill B• Par:.er and : Bobby J. Parker as the party of the First Part and City of Crestview as the party of the Second Part. WITNESSETH: That the first party, in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid, j the receipt of which is hereby acknowledged, hereby grants unto the second party its successors, and assigns, a perpetual ease- ment and right-of-way for the purpose of constructing and main- taining water and sewer lines in, upon and through the following described land in Okaloosa County, Florida, to -wit: A strip of land ten feet in width parallel to and adjoining, the North boundary of the following described land and a strip of land twenty feet in width parallel to and adjoining the West boundary of the said following described proporty: CoRmeree at the aorthw•es; Correa• . r of S:ctien V. Toxnship 3 North, :.:f•;e :3 . ti:cr.cP :Hera SOP-06'-27^ East S1er.3 for 16w5.56 feet to they East for iS9.GF feet :n Vic .cat 0 "L*c .aa•) �S thence South 130-.S'-'i� ;.f : r:. - • ? r,e for 7'1-3.2 4 feet; ti+rnce Norih $ c :5 - - _ ....i is ^„aral 01. to the South boundary line of true afore ar _r f,,ir 331.41 feet tO a point as •tc rwon(Q North 000-06'-27" Vest alai; *d eat - Jaryrl7.v' 7J?.27 fee: to the point of heginniir„ ;ara -arc:: rf ys :a t•fe ::-3rthc05t Quarter of Section 29, ia:e.,t .0 3 ':ar:n, ':r..;e Ts G^s:, Uiaioesa County, Florida. and having on area of b.B?b A.cros. By acceptance of this Easement the agrees to furnish the party of the First tap -on. TO HAVE AND TO HOLD the same unto t successors and assigns, and the party of PQ defend the title to said lands against all by, through or under the said party of the IN WITNESS WHEREOF the first party has 1 hands and Seals this 1gr day of X-1J Signed, sealed and delivered in the presence of 2 !A.A r� . r co as co C" CA vW3 O 1 air z 1980. (SEAL) (SEAL) (SEAL) Before me, the undersigned authority authorized to take acknowledgedments this day personally appeared Walter T. Parker. Jr. Henry V. Day, Bill E. Parker and Bobby J. Parker, to me well known and known to me to be the individual(s) described in and who',6xecuted the foregoing instrument and they acknowledged before me tba O"%y. y executed the same for the use and purposes therein expre9 ti„ )V , mat WIT;3ESS my hand and Official seal this 1st � , OA 7 ! -7 1 } April A.D. , 1980. �; 4 y it: 1 10 NDTAaV SLOUAW ppLM gyre off ibrM at ta's My aamfuwcy 2. 199 My commission al4tlg. # OFFICIAL RECOM # FILE # 1612170 RCD: Mar 26 1998 B 82:12PM 8K 2138 PG 134 Newo C, Brackin_, Clerk, Okalcosa City Fl EASnIENT STATE OF nDRMA Deed Doc Stamps $ 30 D.C. CITY OF CRESTVt£W This Easement made this 26th day of M=& 19 , between RAcClains Family �ta� �j�pt. Inc. as the party of the First part and the City of Crestview, P.O. Drawer 1207, Crestview, F1., 53366 a municipal corporation, as the party of the Second part. WITNESSETH: That the first party, in consideration of the sum of ten (10) dollars and other valuable consideration paid, the receipt of which is hereby acknowledged, hereby grants unto the second part its successors, and assigns, a perpetual easement for the purpose of maintenance of a sewer line, upon and through the following described land in the City of Crestview, Florida, to wit. THE WEST TEN FEET [101 OF THE PROPERTY DESCRIBED IN OR BOOK 1718, PAGE 1563 OF fcrg"` C�ck�1 THE OFFICIAL RECORDS OF OKALOOSA COUNTY, FLORIDA r TO HAVE AND -TO HOLD the same unto the Second party, its successors and assigns, together with the right to enter upon said land, provided however, said party of the Second part shall not intentionally ,gWoegedW contfgVious land of the part of the First part, and the party of the First part will defend the title 'e,- kW inA ajipersons claiming by, through or under the said party of the First part. �.off"-:. �,,, �! Ailk F the First party has hereunto set his hands j and seal(s) this Z6rh day of ;r',�19 � ro , F, :'-*stqR4Nr' SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF Wi ss *1ZP'edd C yE Witness Before the undersigned officer duly authorized in the state and city aforesaid to take admowledgments personally appeared +t* known to be the person described abo and who executed the same. 4"IM OL D. �, PEAS.'-' 3s �1tific Wlm has pxaducea �a'6'4 = as identification `� 1 WITNESS my hand and official seal in seidjGity and State this the ?bth day- lM: 19 98. � r NOTARY PUBLIC��PIIAEu MY COMMISSION EXPIRES iSYoprowtM ene merta, 108 GINO mnDftn .44C PREPARED BY: ALLEN R. CWK 01E8S1 ISM. FL 32526