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)