Loading...
HomeMy Public PortalAboutAssignment of Easements - Foxwood AdditionFILE #3561279 RCD: 6/30/2022 12:51 PM, BK: 3630 PG: 2117, RECORDING: $24.00 RECORDING ARTICLE V: $20.00 DEPUTY CLERK ASECRIST JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA Note to Examiner: This document is exempt from document taxes per Section 201.01, Florida Statutes, and Section 201.24, Florida Statutes. Prepared by and return to: Kerry A. Parsons, Esq. Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850) 224-4070 ASSIGNMENT OF EASEMENTS (To be recorded in Okaloosa County) THIS ASSIGNMENT OF EASEMENTS (this "Assignment") is effective as of the 11:59:59 p.m. (the "Effective Time") on the 30th day of June, 2022, by OKALOOSA COUNTY, FLORIDA, a political subdivision of the state ("Assignor"), to THE CITY OF CRESTVIEW, FLORIDA, municipal corporation ("Assignee"). Capitalized terms not defined herein shall have the meaning(s) ascribed to them in that certain Interlocal Agreement for the Purchase and Sale of utility assets, dated June 7, 2022, (the "Acquisition Agreement"); WHEREAS, among the Purchased Assets owned by Assignor and intended to be conveyed to Assignee, as of the Effective Time and in accordance with the Acquisition Agreement, are the rights of Assignor under those certain rights, privileges, easements, licenses, prescriptive rights, rights -of -way, and other rights to use public and private roads, highways, streets, railroads and other areas owned or used by Assignor in connection with the construction, reconstruction, installation, expansion, operation, and maintenance of the water and sewer Utility System, as described and set forth in the Acquisition Agreement, with a reservation to the County to utilize the utility easement for other utility purposes such as stormwater (the "Easements"); and WHEREAS, Assignor has agreed to transfer to Assignee, as of the Effective Time, all of the rights, title and interest of Assignor as grantee under the Easements, including, but not limited to, those certain Easements described in Exhibit "A" attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual promises, covenants, representations and agreements contained herein, together for $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows. 1. Assignor hereby quit claims, conveys and assigns unto Assignee, as of the Effective Time, all right, title and interest of Assignor, if any, in the Easements as it relates to the water and sewer utilities and water and sewer utility structures, together with all other recorded or unrecorded rights, privileges, easements, licenses, prescriptive rights, rights -of -way, and other rights to use public and private roads, highways, canals, streets, railroads and other areas owned or used by Assignor in connection with (a) the construction, reconstruction, installation, expansion, 1 BK: 3630 PG: 2118 maintenance, ownership, and operation of the Utility System or (b) its respective Purchased Assets; provided, however, that, other than as contained in the Acquisition Agreement. 2. Assignee hereby accepts the transfer and assignment of the Easements as set forth in Paragraph 1 herein, and assumes the performance, obligations, and duties of Assignor under such Easements as of the Effective Time. Except as otherwise set forth in the Acquisition Agreement, Assignor shall have no liability or obligation with respect to the Easements after the Effective Time, other than that attributable to the period prior to the Effective Time. Assignor shall indemnify and hold Assignee harmless from and against any loss, claims, costs and expenses arising in connection with the Easements prior to the Effective Time to the extent permitted by law without waiver of sovereign immunity and subject to the limitations set forth in 768.28(5), Florida Statutes, whether any underlying action or claim sounds in contract or tort.. Assignee shall indemnify and hold Assignor harmless from and against any loss, claims, costs and expenses arising in connection with the Easements upon and after the Effective Time to the extent permitted by law without waiver of sovereign immunity and subject to the limitations set forth in 768.28(5), Florida Statutes, whether any underlying action or claim sounds in contract or tort.. 3. Assignor covenants and agrees with Assignee that Assignor will do, execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered, any and all such further acts, instruments, papers and documents, as may be necessary, proper or convenient to carry out and effectuate the intent and purposes of this Assignment. 4. This Assignment shall inure to the benefit of Assignee, its successors and permitted assigns, and shall bind Assignor and its successors and permitted assigns. This Assignment is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder. 5. This Assignment shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the State of Florida applicable to contracts made and to be performed within that State. Nothing herein shall be construed to waive any defense of sovereign immunity that Assignor or Assignee may be lawfully entitled to assert under applicable Florida law. 6. If any term or provision of this Assignment shall, to any extent or for any reason, be held to be invalid or unenforceable, the remainder of this Assignment shall not be affected thereby and shall be construed as if such invalid or unenforceable provision had never been contained herein or been applicable in such circumstances. 7. This Assignment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Assignment. Executed as of the dates acknowledged below but effective as of the Effective Time on June 30, 2022. BK: 3630 PG: 2119 ATTEST: OKALOOSA COUNTY, FLORIDA a political subdivision of the state, J.D. Peacock II, Clerk of Courts WITNESS: Mel Ponder., Chair Kerry Parsons, Chief Deputy County Attorney STATE OF FLORIDA COUNTY OF OKALOOSA ,l. This instrument was acknowledged before me this ` day of . 2022, z` in person or online notarization, by Mel Ponder, as Chairman of Okaloosa County Board of County Commissioners, a political subdivision of the state of Florida, on its behalf. ke.6:: KIMBERLYA. SAMBENEDETTO . as MY COMMISSION # GG 966796 EXPIRES: March 8, 2024 .PF ;,,,, Bonded Thru Notary Public Underwriters Personally Known OR Type of- ldent fieatien-Produced IMA-4( 4k:e'vikilLed4 Notary Public State f Florida (Print, Type or(Stamp Commissioned Name Produced Identification BK: 3630 PG: 2120 ATTEST: Maryannech%der, City Clerk WITNESS: Jonathan Holloway, City Attorney STATE OF FLORIDA COUNTY OF Okaloosa CITY OF CRESTVIEW, FLORIDA, a municipal corporation of the state. By: Rencich, Mayor Pro Tem40C CRee>„ - 0 etc 40 028 This instrument was acknowledged before me v' in person, or online notarization, this 2Play of 0 (), , 2022, by Andrew Rencich, Mayor Pro Tem of the City of Crestview, on its behalf. sip 1AL IVi.11AKY uEHL /Natasha S. Peacock Commission No. FF 145460 (Print, Tmp or�}gs }ffd Name IP/Personally Known OR ❑ Produced Identification Type of Identification Produced Notary State o 4 OFFICIAL NOTARY SEAL Natasha S. Peacock commission No. GG226682 Commission Expires !,.iv 27, 2022 BK: 3630 PG: 2121 EXHIBIT "A" EASEMENTS All water and sewer utility easements granted by Ray Construction of Okaloosa County, Ltd. to the public in the Dedication set forth in the Foxwood Addition Plat Dedication as it relates to the use of the utility easement and utility structures for water and/or sewer services, recorded in Plat Book 18, Page 59-60, Public Records of Okaloosa County, Florida. The County reserves unto itself the right to continued use of the utility easement for the provision of other governmental services. All other Easements owned by Seller or acquired by Seller since the date of Seller's acquisition of the Utility System, which are used in the operation of the Utility System. File No./Escrow No.: Print Date & Time: Officer/Escrow Officer: Settlement Location: Nabors, Giblin & Nickerson 6.17.2022 Kerry Parsons Mailed In Closing Nabors Giblin & Nickerson!, TCRNE,s AT tari Acquisition pursuant to the Interlocal Agreement for Purchase and Sale of Utility assets, dated June 7, 2022 Seller: Okaloosa County, Florida Buyer: The City of Crestview, Florida Closing Date: June 30 2022 :'.-,,, Seller 4. Debit ;Credit $327.500.00 $110, 000.00 $38.000.00 Description Financial Sales Price of Property Fee (110 lots) $1,000.00 per lot Meters Sets Fee Loan Amount Existing Loan(s) Assumed or Taken Subject to Seller Credit Excess Deposit Prorations/Adjustments County Taxes from (date) to (date) HOA dues from (date) to (date) Seller Credit for Fire Assessment Loan Charges to (lender co.) Points Application Fee Origination Fee Underwriting Fee Mortgage Insurance Premium Prepaid Interest h, :�-BorrowerJBuyertt, ebit4 Credit $327.500.00 $110.000.00 $38.000.00 TA Copyright 2015 American Land Title Association. All rights reserved. File # Page 1 of 3 Printed on (date) at (time) File No./Escrow No.: Print Date & Time: Officer/Escrow Officer: Settlement Location: Nabors, Giblin & Nickerson 6.17.2022 Kerry Parsons Mailed In Closing Nabors ,b1Yn & Nickersanox TCRTS AT t. Acquisition pursuant to the Interlocal Agreement for Purchase and Sale of Utility assets, dated June 7, 2022 Seller: Okaloosa County, Florida Buyer: The City of Crestview, Florida Closing Date: June 30 2022 relit $327.500.00 $110.000.00 $38.000.00 Financial Sales Price of Property Fee (110 lots) $1,000.00 per lot Meters Sets Fee Loan Amount Existing Loan(s) Assumed or Taken Subject to Seller Credit Excess Deposit Prorations/Adjustments County Taxes from (date) to (date) HOA dues from (date) to (date) Seller Credit for Fire Assessment Loan Charges to (lender co.) Points Application Fee Origination Fee Underwriting Fee Mortgage Insurance Premium Prepaid Interest Borrower/Buyer;.'` Credit g $327,500.00 $110,000.00 $38.000.00 Copyright 2015 American Land Title Association. All rights reserved. File # Page 1 of 3 Printed on (date) at (time) Other Loan Charges Appraisal Fee to Credit Report Fee to Flood Determination Fee to Flood Monitoring Fee to Tax Monitoring Fee to Tax Status Research Fee to Impounds Homeowner's Insurance mo @ $ /mo Mortgage Insurance mo @ $ City/town taxes mo @ $ i mo County Taxes mo @ $ /mo School Taxes mo @ $ /mo Aggregate Adjustment /mo Title Charges & Escrow / Settlement Charges Owner's Title Insurance ($ amount) to Old Reoublic Owner's Policy Endorsement(s) Loan Policy of Title Insurance ($ amount) to Loan Policy Endorsement(s) Title Search to The Title Fund Insurance Binder to Escrow / Settlement Fee to Notary Fee to Signing Fee to Commission Real Estate Commission to Real Estate Commission to Other Government Recording and Transfer Charges Recording Fees (Deed) to Clerk of Court via erecord Recording Fees (Mortgage/Deed of Trust) to Recording Fees (Other) to Simplifile E-Record Exempt Exempt Transfer Tax to Clerk of Courts f doc stamj si Exempt Exempt Transfer Tax to Payoff(s) Lender: Payoff Lender Co. Principal Balance ($ amount) Interest on Payoff Loan ($ amount/day) Additional Payoff fees/Reconveyance Fee/Recording Fee/Wire Fee Lender: Payoff Lender Co. Principal Balance ($ amount) Copyright 2015 American Land Title Association. All rights reserved. File # Page 2 of 3 Printed on (date) at (time) Seller x ebit: ate' .Credit $ 475.500.00 $475,500.00 Interest on Payoff Loan ($ amount/day) Additional Payoff fees/Reconveyance Fee/Recording Fee/Wire Fee Miscellaneous Pest Inspection Fee to Survey Fee to Homeowner's insurance premium to Home Inspection Fee to Home Warranty Fee to HOA dues to Transfer fee to Management Co. Special Hazard Disclosure [Utility] Payment to i Assessments School Taxes City/town taxes County Taxes/County Property taxes Buyer Attorney fees to Seller Attorney fees to Subtotals Due From/To Borrower Due From/To Seller Totals Borrower/Buyer ebit 7: Credit $475.500.00 $475,500.00 Acknowledgement We/I have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA Settlement Statement. We/I Nabors, Giblin & Nickerson, P.A. to cause the funds to be disbursed in accordance with this statement. County is requesting that two checks be issued $327,500.00 for the 88 water service connections and a separate check of $148,000.00 for the annexed portion 110 lots plus meter sets. 2-/s_a4;2Z Buyer Seller Escrow Officer Copyright 2015 American Land Title Association. All rights reserved. File # Page 3 of 3 Printed on (date) at (time)