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HomeMy Public PortalAboutNoble Cir EasementFILE # 2407187 RCD: 03/16/2007 @ 11:53 AM, BK: 2772 PG: 4988 RECORDING: $33.00 RECORDING ARTICLE V: $28.00 DEED DOCSTAMPS $0.70 DEPUTY CLERK PDUNN DON W. HOWARD, CLERK OF COURTS, OKALOOSA COUNTY FL This instrument prepared by: Administrative Services Department City of Crestview, 198 North Wilson Street Crestview, Florida 32536 Parcel ID # 21-3N-23-0000-0017-027B UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that BROOKMEADE VILLAS OF CRESTVIEW, LTD, a Florida Limited Partnership, whose mailing address is 1002 W. 23rd Street, Suite 400, Panama City, Florida 32405, herein referred to as Grantor, in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration (the receipt of which is hereby acknowledged) does hereby, grant, bargain, sell, transfer and convey to the CITY OF CRESTVIEW, FLORIDA, a Florida Municipal Corporation, whose address is P. O. Drawer 1209, Crestview, FL 32536, herein referred to as Grantee, and its successors and assigns, a perpetual easement for the purpose of installation and maintenance of utility lines on, over, under, upon and across the following real property in Okaloosa County, Florida, to -wit: COMMENCING AT THE NORTHWEST CORNER OF SOUTH ONE HALF OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, SAID POINT LYING ON THE CENTERLINE OF APLIN ROAD (66 FT. RIGHT OF WAY); THENCE PROCEED S 00°13'00'. E, FOR A DISTANCE OF 33.0 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID APLIN ROAD; THENCE PROCEED N 89°41'48" E ALONG SAID APLIN ROAD, FOR A DISTANCE OF 900.0 FEET TO THE POINT OF INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF AN UNNAMED ROADWAY (60 FT. WIDE RIGHT OF WAY); THENCE DEPARTING SAID APLIN ROAD RIGHT OF WAY, PROCEED S 00°18'12" E ALONG SAID WEST RIGHT OF WAY LINE, FOR A DISTANCE OF 777.6 FEET TO POINT FOR THE NORTHEAST CORNER OF BROOKMEADE VILLAS OF CRESTVIEW PARCEL; THENCE CONTINUE ON SAID RIGHT OF WAY LINE, SAME BEING THE EAST LINE OF THE BROOKMEADE VILLAS OF CRESTVIEW PARCEL, S 00'18'12" E FOR A DISTANCE OF 117.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE, PROCEED S 00°18'12" E, FOR A DISTANCE OF 15.0 FEET; THENCE DEPARTING SAID LINE, PROCEED S 89°41'48" W FOR A DISTANCE OF 98.22 FEET; THENCE PROCEED S 44°41'48" W, FOR A DISTANCE OF 30.13 FEET; THENCE PROCEED N 45°18'12" W FOR A DISTANCE OF 15.0 FEET; THENCE PROCEED N 44°41'48" E, FOR A DISTANCE OF 36.34 FEET; THENCE PROCEED N 89°41'48" E FOR A DISTANCE OF 104.43 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED 15 FEET WIDE EASEMENT CONTAINS 2018 SQUARE FEET (0.05 ACRE) OF LAND. and together with all rights and privileges reasonably necessary or convenient for the enjoyment or use thereof for the purposes above -described and including the reasonable right to enter upon adjoining lands of the Grantors for the purpose of exercising the rights herein granted. Grantor hereby agrees not to use the above -described property for any purpose inconsistent with the easement rights granted to Grantee herein and agree for themselves, their beneficiaries, heirs and assigns that no building, permanent structure, or any other structure that interferes with Grantee's easement rights shall be erected over or upon the above -described property. The Grantor covenants that they have the right to convey the easement herein granted and that the Grantee, its successors and assigns shall have quiet and peaceable possession, use and enjoyment of said easement. BK: 2772 PG: 4989 The grant of easement and other provisions of this easement shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents this-2-4-14' day of _, 200,E 1 SIG '1 D, BALED AND D ' ERED BROOKMEADE VILLAS OF IN E P; SENC`� CRESVIEW, L Si ure o� i n±© By: . osepf7 hapman, IV, President merican Development, Inc. s it's General Partner SiiLture q Witness PTA/ A Printed Narhe of Witness STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this day of , 200 Joseph F. Chapman, IV, President, Royal American Development, Inc, A Florida co poration, General Partner, of BROOKMEADE VILLAS OF CRESTVIEW, LTD. a Florida Limited Partnership, on behalf of the partnership/corporation. He is personally known to me or has produced ( as identification. FLORIDA SEAL: ELEANOR KELLEY My Comm Exp.08!25!2008 No. OD 350061 SIGNATURE OF NOTARY PUH,IC -STATE OF PRINTED NAME OF NOTARY) PUBIC My Commission Expires: gA :1.c 2 ao g BK: 2772 PG: 4990 POINT OF COMMENCEMENT /-NORTHWEST CORNER OF SOUTH HALF OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 23 WEST w / NORTH LINE OF THE SOUTH p 1/2 Uh PLC IIUN 21 APLIN ROAD* R ) 900.0' N89'41'48"E NW CORNER OF BROOKMEADE VILLAS OF CRESTVIEW PARCEL -- Pt )6LE CIRCLE'1 ogml BRO K EADE VILLAS 0 RESTVIEW UNNAMED 60' RNV 15' UTILITY EASEMENT LOCATION MAP POINT OF BEGINNING EXHIBIT "A" LOCATION MAP AND DESCRIPTION SEE PAGE 2 SKETCH OF 2 FOR (MAPS NOT TO SCALE) DETAIL PAGE 1 OF 2 BK: 2772 PG: 4991 EXISTING BUILDING EXISTING WATERMAIN 0 s° , 4D Z 0 1 CO m 0 0 r m NW CORNER OF -- BROOKMEADE VILLAS OF CRESTVIEW PARCEL N89°41'48"E 104.43' _ OPOSED 15' EASEMENT o 9 8.2 2' S89°41'48"W EXISTING BUILDING BROOKMEADE VILLAS OF CRESTVIEW PAGE 2 OF 2 Li N 00 0 0 UNNAMED ROAD BK: 2772 PG: 4992 Form RD 3560-1 (02-05) TYPE OF LOAN Position 5 UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT APPLICATION FOR PARTIAL RELEASE, SUBORDINATION, OR CONSENT (SP •CIFY) ❑ RELEASED PARTIAL LEASE 0 SUBORDiNATION VCONSF,NT PART I (Completed by Borrower) The undersigned Brookmeade Villas of Crestview, Ltd. (Name of Borrower) FORM APPROVED OMB NO. 0575.0189 STATE Ft_r 'COUNTY CASE NO./PROJECT NO, !fit'- 4fd -5q3,2l9 4/ z PROJECT NAME: JiIEAI y/ whose address (Including ZIP Code) is 1002 W. 23rd Street , Suite 400, Panama City , FL 32405 in accordance with the terms of the security instruments held by the Rural Housing Service (hereafter referred to as "Agency") on their property, apply for release or subordination of the liens of said security instruments or consent to the following transaction. The City of Crestview is requesting an Utility Easement from Brookmeade Villas of Crestview. Ltd. for the purpose of installing a 6"water main and a 4" sewer force stinp watA wain nn Rrnn a rl. Villas' prnperty• ee attac e ti sty asemen ()cation ,"lap ana uescription wcetcni. (Description) 1. List prior lienholders in order of priority and attach the proposed security instrument. Lien Priority #1: Name: U.S.D.A., RD Address: 932 N. Ferdon Blvd. , Suite B Crestview, FL 32536 Amount of Lien: $ 067. 000 Lien Priority #2: Name: Address: Amount of Lien: $ Lien Priority #3: Name: Address: Amount of Lien: $ Lien Priority #4: Name: Address: Amount of Lien: $ Lien Priority #5: Name: Address: Amount of Lien: $ RECEIVED USDA — RD 7GUS Crestview Area Office RECEIVED USDA — RD JAN 2 9 2007 Crestview Area Office According to the Paperwork Redaction Act of 1995, an agency may not conduct or sponsor. and a person is not required to respond to a collection of information unless it dlsptays a valid OMB control number The valid OMB control namherlrthis 1 frnnation ollecnon is O5U4lg9, The time required us complete this infrtrmmion collection is estimated rn average 30 minutes per response, including therimer reviewing dnstruellons..searching existing data solutes. gathering and maintaining the data needed, and completing and reviewing the collection of irgormation. BK: 2772 PG: 4993 2. Name of proposed lessee or purchaser: Address: Attach a copy of the proposed lease/conveyance. See attached Utility Easement. 3. Description of property to be covered by the release, subordination, or consent: See attached Utility Easement Location Map & Description Sketch, 4. The use to be made of the property covered by this application is: Utility Easement, 5. The anticipated proceeds from this transaction are: Initial payment $ —0— Subsequent payment(s) $ —� • . SEE a472 LAP77EZ Pule./ CroGessrlioiv RECEIVED USDA — RD JAN 2 91007 Crestview Area Office 6. If this application is approved, the undersigned borrower agrees to comply with such terms as may be prescribed by Agency and to disposition of the proceeds as required by Agency pursuant to its regulations, including the method of applying payments to the borrower's loan accounts. It is expressly understood that unless a separate written instrument of subordination or partial release is executed and delivered by Agency pursuant to this application, approval by Agency of this application will merely constitute and evidence its consent, as lienholder, to the proposed transaction without in any way subordinating its lien, releasing any of its security, modifying the payment terms of the loan, or otherwise affecting any rights of Agency. Date: H L30I0 Cv By: Brookmeadejliilas of Crestview, Ltd. (Borrower Name) (Sid(: e) CI telt) 1104 /10(1 `l -2- BK: 2772 PG: 4994 1. The proposed tion: ❑ WILL trans'\yILL NOT ❑ WILL ILL NOT 2. The proposed transaction will affect the (a) Value of Real Estate Before (b) Value of Real Estate After (c) Value of Real Estate Disposed of PART II (Completed by Agency) prevent or make more difficult the successful operation of this property. reduce the efficiency of the property. value of this property as security for the loan as follows: Pr ent Mark t Value 3. The following 0 damages ❑ benefits will result to this property from the transaction: L/ii ire r'j E 1 womie "7) SekveR yv/w /, /P.e.ev,E WATER , 1 $S e/ze, FiRE Ptak/ Pieet poecIzo.1 ins) /z , 6V gret. Pa. Pte.n./ - I hereby recommend that this application be approved and that the proceeds be applied or released as follows: INITIAL PAYMENT TO: SUBSEQUENT PAYMENTS TO: extra payment on Agency loan regular paytnent on Agency loan borrower regular income prior lienholder debts pre -closing costs post -closing costs repairs or enlargement of complex purchase additional property increase reserves pay investor capital losses pay additional income tax other (specify): other (specify): Date: Date: January 25, 2007 Aproved or % extra payment on Agency loan or % regular payment on Agency loan or % borrower regular incotne or % prior lienholder debts or % pre -closing costs or % post -closing costs or % repairs or enlargement of complex or % purchase additional property or - % increase reserves or % pay investor capital losses or % pay additional income tax or % other(specify): or % other(specify): Recommended by: Title: ❑ Disapproved by: Title: -3- (Sire of Servicing O fi jial) i (Si nature o Approval Official) S W. CLEMONS, SR. State Director United States Department of Agriculture Rural Housing Service