HomeMy Public PortalAboutProperty Sale - Okaloosa County - and Shared Parking Lot Agreement_2.53 AcresMEAD LAW & TITLE
Net Seller Proceeds
050301
524,784.47
Sep 30,2022 DK Se e Exhibit "A" atta ched he ret o
42705DK City of Cre stview / Ok alo os a County T ax Collector
524,784 .47
THE KEY TO DOCUMENT SEC UR ITY • HEAT ACT IVATED THUMB PRI NT • AD DITIONAL S ECURITY FEATURES INCLUDE D • SEE BACK F OR DETAILS
M EAD LAW & TITLE
TRUST ACCOUNT
24 WALTER MARTIN ROAD NE
STE 201
FORT WALTON BEACH, FL 32548-4945
A
Smart Bank
Building Exceptional Value
www.Smartbank.net
87-921/642
050301
September 30, 2022
DK
PAY
** Five Hun dred Twen ty Four Thousan d Sev en Hundred Eighty Fou r dollars & Forty Seven cents **
$524,784.47
TO THE City of Crestview, Florida, a municipal cor poration
ORDER
OF
File N o. 42705DK See Ex hibit "A" attached hereto
AUTHORIZED SIGNATURE
PO5030 LH' •:D64 209 2161: LD90067784n'
MEAD LAW & TITLE
Michael Wm . Mead • Michael W. Mead, Jr. • John S. Mead
September 29, 2022
VIA FED ERAL EXPRESS
Jonathan Ho lloway, Esq .
420 E Pin e A ve.
Crestview, FL 32539-2808
RE: Real Estate Closing
Seller: City of Crestv iew, Florida
Buyer: Benjamin F. A nderson as Tax Collector for Okal oosa C ounty, Florida
File No. 42705DK
Dear Mr. Holloway:
Regarding the above referenced closing, en closed please find the origin al Promissory Note, together with check
#50301 payable to the City of Crestview, Florida in the amount of $524,784.47 as sh own on line 603 of the
Settlement Statement.
Also enclosed please find a copy of the following documents:
1. IRS 1099-S;
2. Settlement Statement;
3. Warranty Deed;
4. Shared Parking Agreement;
5. Ingress, Egress, and Utility Easement;
6. Undergro und Utility Easement;
7. Stormwater Retention Agreement and Grant of Drainage Easement;
8. Mortgage and Security Agreemen t;
9. Statement;
10. Reversionary Interest Statement;
11. Resolu tion;
12. Affidavit regarding no liens;
13. Affidavit of No Mortgages; and
14. Certification an d Compliance Agreement.
Once the mortgage has been recorded and the lender's title policy has been issued, the same will be mailed to you.
If yo u do not receive them within two to fou r weeks, please contact me and I will follow up on this fo r you.
If yo u have any questions, please contact us.
Sincerely,
Desiree S. King, Paralegal/Closer to
John S. Mead, Esquire
Enclosures as stated
24 Walter Martin Road N E, Suite 201, Fort Walton Beach, FL 32548
Phone: (850) 243-3135 ♦ Facsimile: (850) 244-4849
PROMISSO RY NOTE
FOR VALUE RECEIVED, the undersigned "Borrower" promises to pay to City of Crestview,
Florida, a municipal corporati on ("Lender") or order in the manner herei nafter specified the
principal sum of $275,000.00, with no charge for interest, (0.00%), on the balance from time to
time remaining unpaid. The said principal a nd interest shall be payable in lawful money of the
United States of America at such place as may hereafter be desig nated by written notice from the
holder to the maker hereof. Payments shall be made as f ollows:
There sha ll be no regular or periodic payme nts m ade here under. There shall only be
on e payment in the amount of $275,000.00 made on the Maturity Date of September
28, 2024 (the secon d anniversary date of this note).
Privilege is hereby reserved to prepay part or all of this indebtedness at any time without premium
or fee.
This note, with interest, is secured by a mortgage on real estate, of even date herewith, made by the
Bo rrower in favor of the payee, and shall be construed and enforced according to the laws of the
State of Florida. The terms of said mortgage are by this reference made a part hereof .
If default be made in the paymen t of any of the sums mentioned herein or in said mortgage, or in
the performance of any of the agreements contained herein or in said mortgage, then the entire
principal sum and accrued interest shall, at the option of the holder hereof, become at once due and
collectible without notice, time bein g of the essence. After the Maturity Date or default, the
outstanding principal su m and accrued interest shall both bear in terest from such time until paid at
the highest rate allowable under the laws of the State of Florida. Failure to e xercise this option shall
not constitute a waiv er of the right to exercise the same in the even t of any subsequent default.
Each person liable hereon, whether maker or en dorser, hereby waives presentment, protest, notice,
notice of protest, an d n otice of dishonor and agrees to pa y all costs includin g a reasonable attorney
fee whether suit be brought or not if, after matu rity of this n ote or default hereu nder, or under s aid
mortgage, cou nsel shall be employed to collect this note or to protect the security of said mortgage.
Whenev er u sed herein, the term "Borro wer" shall be con stru ed in the singular or plural as the
context may require or admit.
AJVI. 1M tiV1, -fA1/1)-tA 01/1 Dated: September 28, 2022
Benjami F. Anderson, as Tax Collector for
Okaloosa Cou nty, a Political Subdivision
of the State of Florida
BORROWER'S ADD RESS: 1250 Eglin Pkwy Suite #101, Shalimar, FL 32579
D ocumentary Stamps on this Note and Intangible Taxes on the Mortgage securing this N ote are EXEMPT
pursuant to Rule 12B-4. 054(24), Florida Administrative Code.
nAL
CORRECTED
FILER'S name, street address, city or town, state or pro vince, co untry, ZIP
or foreign po stal code, and telephone number
Mead Law & Title, PLLC
24 Walter Martin Road NE, #201
Fort Walton Beach, Florida 32548
FILER'S TIN TRANSFEROR'S TIN
89-2985269 59-6000295
TRANSFEROR'S name
City of Crestview, Florida, a municipal
corporation
Street address (including apt. no. )
198 North Wilson Street
City or town, state or province, country, and ZIP or foreign postal code
Crestview, FL 32536
Acco unt number (see instructions)
42705D K
Form 1099-S
(850)243-3135
(keep for your records)
1. Date of closing (MMDD YY) OMB No. 1545-0997
09/28/2022 2022
2. Gross Proceeds
$800,000.00
F orm 1099-S
3. Address (incl uding city , state, and ZIP code) or legal description
See E xhibit "A" attached hereto, Crestview,
Fl orida 32539
4. Transferor received or will recei ve property or services as part of the
consideration (if checked)
5. If checked , transfer or is a foreign person (nonresident alien, foreign partnership,
foreign estate, or foreign trust)
6. Buyer's part of real estate tas
Proceeds From Real
Estate Tra nsacti ons
Copy B
For Transferor
This is important
tax information a nd is
being f urnished to the
IRS. If you are
required to file a return,
a negligence penalty or
other sanction may be
imposed on y ou if this
item is required to he
rep orted and the IRS
determi nes that it has
not bee n reported.
www.irs.go v/form 1099s Department of the Treasury - I nternal Re venue Service
EXHIBIT " A"
(Legal Description)
A PARCEL OF LAN D SITUATED IN SECTI ON 4, TOWNS HIP 3 NORTH, RANGE 23 WEST,
OKA LOOSA COUNTY, FLORI DA; BEING A PO RTIO N OF THE PR OPERTY DESCRIBED IN
OFFICIA L RECORDS BOOK 3283, PAGE 2957 OF T HE PUBLIC RECORDS OF OK ALOOSA
COUNTY , FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORT HWEST COR NER OF SECTION 4, TOWNSHIP 3 NORTH, R ANGE 23
WEST, OK ALOOSA COUNTY, FLORIDA; THENCE PROCEED S88 °05'55 "E ALONG THE NORTH
LIN E OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEP ARTING SAI D
NORTH LINE PROCEED S01 °54'05"W, FOR A DIST ANCE OF 1102.22 FEET TO A 5/8 I NCH IRON
ROD (LB# 5024) MA RKING THE NORT HWEST CORNER OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF T HE P UBLIC RECO RDS OF OKALO OSA
COUNTY, FLORIDA; THEN CE PROCEED S88°03'29"E (REFERENCE BE ARI NG) ALONG THE
N ORTH LIN E OF SA ID PA RCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IR ON ROD
(LB# 7191) BEING THE POIN T OF BEGINNING; THENCE CONTI NUE S88 °03'29 "E ALONG S AI D
NORTH LIN E, FOR A D ISTANCE OF 426.97 FEET TO A 1/2 INCH IRO N ROD (LB# 7191);
THENCE DEPARTING SA ID NORTH LIN E PROCEED S01 °56'31 "W, FOR A DISTA NCE OF 236 .58
FEET TO A POINT ON A CURV E MARKED BY A 1/2 INCH IRO N ROD (LB# 7191) AND LYIN G
ON THE NORTH LINE OF A PROPOSED 60. 00 FOOT I NGRESS, EGRESS, AND UTILITY
EASEMENT, SA ID CURVE BEING CONCA VE TO THE SOUT HE AST AN D HAVING A RA DIUS
OF 300.00 FEET; THENCE PROCEED ALON G SAID PROPOSED NORTH EASEMENT LI NE AND
CURVE THROUGH A CEN TRAL ANGLE OF 04°35'04" FOR A DIST ANCE OF 24.00 FEET
(CHORD BEA RIN G = S73°45'57"W, CHO RD = 24. 00 FEET) TO THE P OINT OF REVERSE
CURVATURE OF A CURVE BEING CONCAVE TO TH E NORTHWEST AN D HA VI NG A RADIUS
OF 250.00 FEET BEIN G MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CO NTINUE AL ONG
SAID PROPOSED NO RTH EA SEMENT LIN E THROUGH A CENTRAL ANGLE OF 20°27'23 " FOR
A D ISTANCE OF 89. 26 FEET (CH OR D BEAR ING = S81°42'07"W, CHO RD = 88.78 FEET) TO A 1/2
IN CH IRO N ROD (LB# 7191); THEN CE CONTINUE N88° 04'12"W ALONG SAID PROPOSED
NORTH EASEMENT LINE, FOR A DISTANCE OF 316.74 FEET TO THE INTERSECTION OF
SAID PROPOSED NO RTH EA SEMENT LINE AND THE EAST LINE OF AN APPARENT 60 .00
FOO T RIGHT OF WA Y BEING MARKED BY A 1/2" IRON ROD LB. #7191; TH EN CE DEPARTING
SAID PR OPO SED N ORTH EASEMEN T LINE, PR OCEED NOI °55'48"E A LON G SAID APPARENT
EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 259.91 FEET TO THE POINT OF
BEGINN ING.
THE ABOV E DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET),
MORE OR LESS.
E. Seller:
F. Lender:
G. Property:
H. Settlement Agent:
Place of Settlement:
I. Settlement Date:
J.
A. U. S. DEPA RTMENT OF HOUSIN G AN D URB AN DE VELOPME NT
SETTLEMENT STATEME NT
Me ad Law & Title, PLLC
24 Walter M artin Road NE, #201
Fort W alton B each, Florida 32548
(850)243-3135 fa x: (850)244-4849
B. TYPE OF LOAN
FH A 2.
4. VA
6. File Number:
42705DK
7. Loan Number:
5.
8. Mortgage Ins. Cas e N o.:
FMHA 3.
CO NY . I NS.
C ONY. UNINS.
C. N OTE: This form is fu rn ished to give you a st ateme nt of actu al settleme nt costs. Amou nts paid to a nd by the s ettlement agent are show n. Items marked
(ro c) were p aid ou tside the closing. They are shown here f or inform ational purposes and a re not i ncl uded in the totals .
Benja min F. Anderson, as Ta x Collector for Okaloosa County, a P olitic al Subdivision of the State of Florida
D. Borrower: P.O. Box 1390
Niceville, Florida 32588
City of Crestv iew, Florida, a municipal c orporation
198 North Wilson Street
Crestv iew, Florida 32536
See Ex hibit "A " attached hereto
Crestview, O kaloosa Cou nty, Florida 32539
Oka loosa Cou nty, Florida
Mead Law & Title, PLLC
24 Walter Martin Road NE, #201, Fo rt Walton Beach, Florida 32548 Okal oosa County
September 28, 2022
Summary of Borrower's Transaction K.
100. Gross Amo unt Due Fro m Bo rrower:
101. Contract Sales Price
102. Personal Property
103. Settlement Charges to Borrower (line 1400)
Adjustmen ts for Items Paid by Seller in Advan ce
106. City / Town Tax es
107. County / Parish Taxes
108. A ssessments
120. G ross Amoun t D ue from Borrower:
200. Amo unts Pa id by or in B ehalf of Bo rro we r:
201. Deposit / Earnest Mo ney _
202. Principal A mount of New Loan _
203. Existing Loan (s)
204.
205.
206.
Adjustments for Items Unpaid by Seller:
210. City / Town Taxes
211. Coun ty / Parish Tax es
212. A ssessmen ts
220. T otal Paid by / for Borro wer:
300. Cash at Settlemen t from / to Bo rrower:
301. Gross A mount due from Borrower (line 120)
302. Less Amoun t Paid by/for Borrower (line 220)
303. Ca sh Fro m Borrower:
800,000.00
5,108.52
805,108.52
275,000.00
Summ ary of Seller's Tra nsaction
400. G ross Amou nt Due To Seller:
401. Contract Sales Price
402. Person al Property _
403.
Adju stments fo r Items Paid b. Seller in Advance:
406. Cilx / Town Taxes
407. Count\ / Parish Taxes
408. Assessmen ts
420. Gross Amount D ue to Seller:
1500. Reductions in Amount Due to Seller:
501. Excess Depo sit (see instructions)
502. Settlement Charges to Seller (Line 1400)
503. Existing Loan (s)
504. Payoff of First Mortgage
505. Payoff of Second Mortga :•e
506. Pu rcha se Money Mortgage
Adju stments for Items Unpaid by Seller:
510. City / Town Taxes
511. Co unty / Parish Tax es
512. Assessments
275,000. 00 520. Total Redu ctions in A mou nt D ue
Seller:
805,108. 52
275,000.00
600. Cash at Settlemen t to / fro m Seller:
601. Gross Amou nt due to Seller (line 420)
602. Less Reductions Amount du e Seller (line 520)
800,000 .00
800,000 .00
215 .53
275,000.00
275,215.53
800,000. 00
275, 215.53
$530,108.52 603. Cash To Seller: $524,784.47
HUD -1 M ay 2007
Settlement Date:September 28, 2022
L. Settleme nt Charges
File Number: 42705DK
700. Total Sales / Broker's Commission:
Division of Commissi on as foll ows
701.
702.
703. Commission Paid at Settlement
800. Items Pa' able in Co nnectio n with Loan:
801. Loan Origination Fee
802. Loan Discount
803. Appra isal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. A ssumption Fee
900. Items R equ ired b% Lender to be Paid in Advance:
901. Daily interest char ge from Sep 28, 2022
Paid fr om
Borrower's
Fu nds at
Settlement
Paid from
Seller's
F unds at
Settleme nt
902. Mortgage Insurance Premium
903. Hazard Insurance Premium
904. Flood Insurance Premium
1000. Reserves Deposited with Lender:
1001. Hazard Insurance
1002. Mortgage Insu rance
1003. City Property Taxes
1004. Cou nt + Property Taxes
1005. An nual Assessments
1100. Title Charges:
1101. Settlemen t or Clo sing Fee to Mead Law & Title, PLLC
1102. A bstract or Title Search to First A merican Title Insurance Company
1103. Title Examination
1104. Title Insurance Binder
1105. Document Preparation
1106. No tary Fees
A ttorney Fees
1107.
(includes abov e item numbers:
1108. Title Insu rance to Mead La w & Title, PLLC
550 .00
85 .00
(includes above item numbers:
1109. Lender's Cov era ge 275,000.00
1110. Owner's Coverage 800,000.00
1200. G overnment Recording an d Tran sfer Charges:
4,170.00
1201. R ecording Fees: D eed 18.50 Mo rtgage 69.50 Releases 0.00
1202. City/County Tax /Stamps: Deed 0.00 Mo rtgage 0.00
1203. State Tax /Sta mps: Deed 0.00 Mortgage 0.00
1204. Intangible Tax to Clerk of the Circu it Co urt
88.00
1205. Assignment of Rents of Leases
1206. E -Recording Fees to Clerk of the Circuit Cou rt _
1207. Stormwa terl Retention Agreement and Gran t of Drainage Easement to Clerk of the Circuit Court
1208. Ingress, Egress, a nd Utility Easement to Clerk of the Circuit Court
1209. Underground U tility Easement to Clerk of the Circuit Cou rt _
1210. Shared Parking Agreement to Clerk of the Circu it Court
1300. Additional Settlemen t Charges:
1301. Survey
1302. Pest Inspection
1303. Cou rier/Handling Fees to Mead Law & Title, PLLC
1400. Total Settlement Charges (En ter on line 103, Section J and line 502, Section K)
16.621
30.85
39.35
39. 35
39.35
50. 00
$5,108. 52
16.63
30 .85
39.35
39.35
39.35
50. 00
$215.53
I have carefully reviewed the H UD -I Settlemen t Statement and to the best of my knowledge and belief, it is a true and accu rate statement of all receipts and
disbursements made on my acco unt or by me in this transaction . I further certify that I have received a copy of HUD -1 Settlement Statement.
Borro wer: BeJ(v\\,A4,1 Iv\ T IA k
njamin F A nderson, as Tax Co llectlo r for Okaloosa County, Seller:
a Politicalbdivisioh of the State of Florida
The HU D -1 SettlemenNStatement
accordan ce with thv instru ction s
Settlement A,.ent:
WA RNING: It i
and imprisons
hich I have prepared is a
the parties hereto.
City of Crestv iew, Florida, a municipal corporation
im Boldu c, City Man ager
ate acco unt of this tran saction. I have caused or will cause the funds to be disbursed in
Date: September 28, 2022
rime to knowingly make false statemen ts to the United States on this or any other similar form. Penalties u pon con viction can in clude a fine
. For details see Title 18 U .S. Co de Section 1001 a nd Sec tion 1010.
HUD -1 May 2007
E XHIBIT "A"
(Legal Description)
A PARCEL OF LAN D SITU ATED IN SECTION 4, TOWNSHIP 3 NORTH, R AN GE 23 WEST,
OKALOOSA COUNTY, FLORID A; BEING A PORTION OF T HE PROPERTY DESCRIBED IN
O FFICIA L RECORDS BOOK 3283, P AGE 2957 OF THE PUBLIC REC ORDS OF OK ALOOS A
COUN TY, FLORIDA; AND BEING MORE P ARTICULARL Y DESCRIBED AS F OLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23
WEST, OKALOO SA COUNTY, FLORIDA; THE NCE PR OCEED S88°05'55"E ALON G THE NORTH
LINE OF ,SAID SECTION 4, FOR A DIST ANCE OF 1150.46 FEET; THENCE DEPARTING S AID
NORTH LIN E PRO CEED SOI°54'05"W, FOR A DISTANCE OF 1102 .22 FEET TO A 5/8 INCH IR ON
ROD (LB# 5024) MARKIN G THE NORTHWEST COR NER OF THE PROPERTY DESCRIBED IN
OFFICIA L RECORDS BO OK 3283, PAGE 2957 OF THE P UBLIC REC ORDS OF OK AL OOSA
CO UNTY, FLORIDA; THENCE PROCEED S88°03'29 "E (REFERE NCE BEARING) ALONG THE
NORTH LINE OF SA ID PARCEL, FOR A DIST ANCE OF 30.00 FEET TO A 1/2 INCH IR ON RO D
(LB# 7191) BEING TH E POINT OF BEGINNING; THENCE CO NTINUE S88°03'29"E AL ON G SAID
NORTH LINE, FO R A DISTANCE OF 426.97 FEET TO A 1/2 INC H IRON RO D (LB# 7191);
THEN CE [DEPARTING SAID NORTH LIN E PROCEED S01 °56'31 "W, FOR A DISTA NCE OF 236 .58
FEET TO 'A POIN T ON A CURVE MARKED BY A 1/2 INCH IRO N ROD (LB# 7191) A ND LYING
ON THE NORTH LINE OF A PROPOSED 60.00 FOOT I NGRESS, EGRESS, AND UTILITY
EASEMENT, SAID CURVE BEING CONCA VE TO THE SOUTHEAST AND HAVING A RADIUS
OF 300.00 FEET; THEN CE PRO CEED ALONG SA ID PROPOSED NORTH EASEMENT LI NE AND
CURVE THROU GH A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24 .00 FEET
(CHORD 1BEARING = S73° 45'57"W, CHORD = 24. 00 FEET) TO THE POI NT OF RE VERSE
CURV ATURE OF A CURVE BEING CONCAVE TO THE N ORTHWEST AND HAVING A RADIUS
OF 250.00 FEET BEING MAR KED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG
SAID PROPOSED NORTH EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR
A DISTANCE OF 89.26 FEET (CHOR D BEARING = S81° 42'07" W, CHORD = 88.78 FEET) TO A 1/2
IN CH IRON ROD (LB# 7191); THENCE CON TINU E N88° 04' 12" W A LON G SAID PROP OSED
NORTH EA SEMEN T LINE, FOR A D ISTANCE OF 316.74 FEET TO TH E INTERSECTION OF
SAID PROPOSED NORTH EA SEMENT LINE A ND TH E EA ST LINE OF AN APPARENT 60.00
FOOT RIGHT OF WA Y BEING MA RKED BY A 1/2" IRON ROD LB. #7191; THENCE DEPARTING
SAID PROPOSED NORTH EASEMENT LINE, PROCEED N01° 55'48"E ALONG SA ID APPARENT
EAST RIGHT OF WAY LIN E, FO R A D ISTANCE OF 259. 91 FEET TO THE POINT OF
BEGIN NING .
THE ABOV E DESCRIBED PA RCEL OF LAND CONTA INS 2.53 ACRES (1 10,046 SQUA RE FEET),
MORE OR LESS.
PREPA RED BY:
MEAD LAW & TITLE, PLLC
24 Walter Martin Road NE, Ste 201
Fort Walton Beach, Florid a 32548
File No: 42705DK
DO CU MENTARY STAMPS ARE E XEMPT P URSUANT TO
RULE 12B-4.014(10), FL ORI DA ADMINISTRA TIVE CO DE.
This WARR ANTY DEED made the 28th day of September, A. D. 2022, by
City of Crestview, Fl orida, a municipal corp oration
whose post office address is: 198 North Wilson Street, Crestview, Florida 32536
hereinafter called the granto r to
Benja min F. Anderson, as T ax Collector for Okaloos a Cou nty,
a Political Su bdiv ision of the State of Florida
whose post office address is: P. O. Box 1390, Niceville, Florida 32588
hereinafter called the grantee
(wherever used herein the terms "gran tor" an d " grantee" in clude all the parties to this instrument and
the heirs, legal represen tatives and assigns of individu als, an d the successors and assigns of c orporati ons)
Witn esseth: That the gran tor, for an d in consideratio n of the sum of $10.00 and other valuable
co nsiderations, receipt whereof is hereby acknowledged, hereby grants, bargai ns, sells, aliens,
remises, releases, co nveys and confirms unto the grantee, all that certain land situate in Okaloosa
County, Florida, viz:
A PAR CEL OF LAND SITUATED IN SECTIO N 4, TO WNSH IP 3 NO RTH, R ANGE 23 WEST,
O KA LO OSA CO UNTY, FLOR IDA ; BEING A POR TIO N OF TH E PRO PERTY DESCRIBED IN
OFFICIAL R ECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC R ECOR DS OF OKALOOSA
CO UN TY, FLOR IDA ; A ND BEIN G MORE PARTICULARLY D ESCRIBED AS FOLLOWS:
CO MMENCE AT TH E NOR THWEST COR NER OF SECTION 4, TOWNSHIP 3 NOR TH ,
RANG E 23 WEST, O KALOOSA CO UNTY, FLORIDA; THENCE PRO CEED S88°05'55"E
ALONG THE NORTH LINE OF SA ID SECTIO N 4, FOR A D ISTANCE OF 1150.46 FEET;
THENCE DEPAR TING SAID NORTH LINE PRO CEED S01°54'05"W, FOR A D ISTANCE OF
1102.22 FEET TO A 5/8 INCH IR ON R OD (LB# 5024) MARKING TH E N OR THWEST
CO RNER OF THE PR OPERTY D ESCRIBED IN O FFICIAL RECO RDS BOOK 3283, PAGE
2957 OF THE PU BLIC R ECORD S OF OKA LOO SA COUNTY, FLO RIDA; THENCE
PROCE ED S88°03'29"E (REFERENCE BEARING ) A LONG TH E NORTH LINE OF SAID
PA RCEL, FOR A DISTANCE OF 30. 00 FEE T TO A 1/2 INCH IR ON ROD (LB# 7191) BEING
THE PO INT OF BEG INNING ; TH ENCE CONTINUE S88° 03'29"E ALONG SA ID NO RTH
LINE, FO R A D ISTANCE OF 426.97 FEET TO A 1/2 INCH IRON R OD (LB# 7191); THENCE
D EPARTING SAID NORTH LINE PROCEED S01° 56'31"W, FOR A D ISTA NCE OF 236.58
FEET TO A POINT ON A CURV E MAR KED BY A 1/2 INCH IRO N RO D (LB# 7191) AND
LYING ON THE NOR TH LIN E OF A PR OPOSED 60.00 FOO T INGRESS, EGR ESS, A ND
U TILITY EASEMEN T, SAID CURV E BEING CO NCAVE TO THE SOUTHEAST AND
H AVING A RA DIUS OF 300. 00 FEET; THENCE PR OCEED ALONG SAID PROPO SED
NORTH EA SEMENT LINE AND CURVE THR OUG H A CENTRAL ANG LE OF 04°35'04"
FOR A DISTANCE OF 24.00 FEET (CH ORD BEARIN G = S73°45'57"W, CHORD = 24. 00
FEET) TO THE PO INT OF REVER SE CUR VA TU RE OF A CURVE BEING CO NCAV E TO
THE NORTHWEST AND HAV ING A RAD IUS OF 250.00 FEE T BEING MA RKED BY A 1/2"
IR ON ROD LB. #7191; THENCE CONTINUE A LONG SAID PRO POSED NOR TH
EA SEMENT LINE TH ROUG H A CENTRA L A NGLE OF 20°27'23" FOR A DISTANCE OF
89.26 FEET (CHOR D BEA RING = S81°42'07" W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON.
R OD (LB# 7191); THENCE CONTIN UE N88°04'12"W A LONG SA ID PROPO SED NOR TH
EASEMENT LINE, FO R A D ISTANCE OF 316. 74 FEET TO THE INTERSECTIO N OF SAID
PROPOSED NORTH EASEMENT LINE AND TH E EAST LINE OF AN A PPAR ENT 60.00
FOOT R IG HT OF WA Y BEING MA RK ED BY A 1/2" IRON ROD LB. #7191; TH ENCE
DEPAR TING SAID PRO PO SED NO RTH EASEMENT LINE, PROCEED N01 °55'48"E A LO NG
SA ID A PPARENT EA ST R IGHT OF WA Y LINE, FO R A DISTA NCE OF 259. 91 FEET TO TH E
POIN T OF BEGINNING .
THE ABOVE DESCRIBED PARCEL OF LA ND C ONTAINS 2.53 AC RES (110,046
SQUARE FEET), MORE OR LESS.
SUBJECT COVENA NTS, CO NDITI ONS, RESTRICTIONS, E ASEME NTS,
RESERVATI ONS, AN D LIMITATIO NS OF REC ORD, IF A NY, WHICH ARE
NOT HEREBY REIMPOS ED .
Together with all the tenements, hereditaments and appurtena nces thereto belo nging or in
anywise appertainin g.
To Have and to Hold, the same in fee simple forever .
An d the gran tor hereby cov enants with said gra ntee that the grantor is lawfully seized of said
land in fee simple; that the grantor has good right a nd lawful authority to sell and convey said la nd; that
the gran tor hereby fu lly warrants the title to s aid land and will defend the same against the lawful
claims of all persons whomsoever; and that said land is free of all encumbra nces, except taxes accruing
subsequ ent to December 31, 2021.
In Witness Wher eof, the said grantor has signed and sealed these prese nts the day and year first
above written.
Signed and Sealed in Our Presence: City of Crestview, Fl orida,
a munic ipa l corporati on
By:
Vo(itn_ ess�� mBo lduc
As its City Man ager
TAMRA L. COKONOUGHER
Print Witness Name
STATE OF FLORIDA
COUNTY OF O KALO OSA
The forego ing instrumen t was acknowledged before me by means of physi - 1 presence this Q%
day of September, 2022, by Tim Bo lduc as City Manager of City -of Cres iew, Florida, a municipal
corpo ration.
Public
Prin t Notary Name:
My Commission Expires:
Personally known to me
Produced as iden tification
4, Notary Public State of Florida i
I John S M ead I
My Commission
?00 HH 159767 EXp. 10120/2025 I
THIS INSTRUMENT PREPARED BY:
MEAD LAW & TITLE, PLLC
24 WALTER MARTIN RD NE, STE 201
FORT WALTON BE ACH, FL 32548
42705 DK
SHARE D PARKIN G AGREEMENT
STA TE OF FLORIDA
COUNTY OF OKALOOSA
THIS SHA RED PARKING AND COST AGREEME NT (this " Agreement ") is m ade and
entered in to this 28th day of September, 2022, by and among CITY OF CRESTVIEW,
FLO RIDA, a mu nicipal corporation, whose address is 198 North Wilson Street, Crestview,
Florida 32536 (hereinafter "City"), and BENJAMIN F. AN DERSON, AS TAX COLLECTO R
FO R OKALOO SA COUNTY, a Political Subdivision of the State of Florida, whose address
is 1250 N. Eglin Parkway, Suite 101, Shalima r, Flo rida 32579 (hereinafter "Ta x Collect or") .
RECITALS:
A. City o wns fee simple title to the real property depicted as existing Asphalt Parking
Lot on Exhibit "A " attached hereto (herein after the "City Property" ).
B. Tax Collector own s or will own fee simple title to the real property labeled Subject
Property described on Exhibit "A " labeled Subject Property an d legally described as set forth on
Exhibit "B" attached hereto (hereinafter the "Tax Collector Property").
C. Acco rdingly, Tax Collector and City desire to enter in to this Agreemen t whereby
parties are granted certain access and parking rights as hereinafter set forth.
NOW, THEREFO RE, in consideration of the premises and other good and valu able
co nsideration , the receipt, adequacy, and sufficiency of which are hereby acknowledged, the
Parties hereby covenan t and agree as follows:
1. Subject to the terms a nd conditions herein, City hereby grants unto the Tax
Collector Property shared parking rights for the motor vehicles of the owners of the Ta x Collector
Property, their members a nd in vitees and licensees on the parking lots identified above as City
Property. This is intended to i nclude the real property depicted as existi ng Asphalt Parking Lot on
Exhibit "A" attached hereto . City f urther grants unto the owners of the Tax Collector Property
and their invitees and licensees a non-e xclusive easement for ingress and egress onto and through
the City Property. This easement shall co ntin ue for a period of thirty (30) years after the date
hereof A fter the expiration of the thirty (30) year term hereof, this agreeme nt shall have no further
force and effect and a ny easement created hereby shall be extinguished. Tax Collector may utili ze
the City Pro perty for the purpose of parkin g requ irements (includi ng, but not limited to complia nce
with the City's LDC requirements for number of parking spaces) as it relates to the development
of the Tax Co llector Property.
2. The owner (City) of City Property shall be solely respo nsible for the general
main ten ance of the City Parkin g Area. Notwithstandin g anything contained here in to the co ntrary,
Tax Collector shall n ot be responsible for an y costs associated with the maintenance of the parki ng
areas set forth herein . All costs associated with the City Property as set forth herein shall be borne
by the own er of City Property.
3. This A greemen t shall be deemed a covenant appurten ant to an d running
with the City Property and Tax Collector Property, and shall inu re to an d be enforced by an y
current or subsequen t owner, leaseholder, mortga ge holder or an y other party having an ownership
interest in and to the City Property an d/or Tax Collector Property or any portion thereof, during
the thirty (30) year term of this agreemen t.
2
4. This Agreeme nt may not be amended except by written i nstrument e xec uted
by the parties hereto . This agreement shall be co nstr ued and interpreted in accordance with the
laws of the State of Florida. In con nection with any litigatio n, i ncluding appellate proceedings,
arising out of this Agreement, the prevailing party shall be e ntitled to recover reasonable attorneys'
fees and costs.
5. The undersigned represe nt that they ha ve take n the proper pr ocedures and
are du ly au thorized to execute and deliver this Agreeme nt.
6. This Agreement shall be gover ned by and enforced and constr ued under the
laws of the State of Florida. Venu e of any proceedi ng regarding this Agreement sh all be Okaloosa
County, Florida.
7. This Agreement an d any a mendments hereto may be executed in
counterparts, each of which shall be deemed an original and such counterparts shall constit ute but
one an d the same instrumen t.
8. A ll notices or other communications required or permitted to be give n
pursuant to the provisions of this Agreement shall be in writin g and shall be considered as properly
given if mailed by first class U nited States mail, postage prepaid, registered or certified with ret urn
receipt requested, or by deliv ering same in person (which may include by a nationally recognized
ov ernight delivery serv ice) to the intended addressee. N otice so mailed shall be effective u pon its
deposit in the custody of the Un ited States Postal Service for mailing in accordance with the
foregoin g. Notice given in an y other manner shall be effectiv e only if and when received by the
addressee.
3
IN WITNESS WHEREOF, the parties hereto ha ve exec uted this Agreement on the date
and year set forth above.
Signed, sealed and delivered
in the presence of:
1 itness
tip.. �..
Print Witness Name
Witness
iNaTird
c2rry���
Print Witness Name
STATE OF FLOR IDA
COUNTY OF OKALOO SA
City of Crestview, Fl orida,
a municipal corporation
By:
Tim B olduc
As City Ma nager
The foregoing instru men t was acknowledged before me by means of physical this R7
day of September, 2022, by Tim lduc as City Manager of City of Crestv iew, Florida, a municipal
corporation. He is personally known to me, or ( ) has prod uced
as identification.
: CRISTA S. SHEPHEARD
t€t; sk: Commission # HH 089570
Expires February 28, 2025
",!`D Bonded Thor Troy Fein Inamnnce 800-3857019
I i i
()TARY PUBLIC
4
Ati
Signed, sealed a nd delivered
4 -the -presence of:
Witii:
TAMRA L. COKONOUGHER
Prin t Witness N ame
STA TE OF FLORIDA
COUNTY OF OKA LOOSA
r.
111 _
Benj ami F. A nderso n, as Fax C ollector
for Okaloosa C ounty, a Political
S ubdivision of the State of Florida
The foregoing in strumen t was acknowledged before me by mea ns of physical this X6
day of September, 2022, by Ben jamin F. An derson, as Tax Collector for Okaloosa County, a
Political Subdiv ision of the State of Florida. He is ✓ ers mally known to me, or ( ) has
pro duced as ide i cation.
1V0" RY PU BLIC
5
Notary Public State of Florida
John S Mead
MyHH159767r1 i0
Exp.10/20/2025
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NC MIX AMR.0•' oraant COMM MM. MrrOC .. £214 WARM V
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PROPOSED U7RI7YEASEMENT • DETAIL
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EXHIBIT "B"
SUBJECT PARCEL (AS S URVEYED)
A PARCEL OF LAN D SIT UATED IN SECTION 4, TOW NS HIP 3 NORT H, R ANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESC RIBE D
IN O FFICIAL RECOR DS BOOK 3283, PAGE 2957 OF THE PUBLIC RECOR DS OF
OKALOOSA COUNTY, FLORID A; A ND BEING MORE P ARTICUL ARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT TH E NORTHWEST CORNER OF SECTION 4, TOW NSHIP 3 NORT H,
RANGE 23 WEST, OKALOOSA COUNT Y, FLORID A; THENCE PROCEE D S88°05'55 "E
ALONG THE N ORTH LINE OF SAID SECTIO N 4, FOR A DISTANCE OF 1150 .46 FEET;
THENCE DEPA RTING SAID NORTH LINE PROCEED SO1 °54'05 "W, FO R A DIST ANCE OF
1102.22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) MARKING THE NORT HWEST
CORNER OF THE PROPERTY DESCRIBED IN OFFICI AL RECORDS BOOK 3283, PAGE
2957 OF THE PU BLIC RECORDS OF OKALOOS A COUNTY, FLO RIDA; THENCE
PROCEED S88°03'29"E (REFEREN CE BEARING) ALO NG THE NO RT H LINE OF SAID
PARCEL, FOR A DISTANCE OF 30. 00 FEET TO A 1/2 INCH I RON ROD (LB# 7191) BEIN G
THE POINT OF BEG IN NING; THENCE CONTINUE S88 °03'29"E ALONG SAID NORT H
LINE, FOR A DISTA NCE OF 426.97 FEET TO A 1/2 INCH IRON R OD (LB# 7191); THENCE
DEPA RTIN G SAID NORTH LINE PROCEED S01 ° 56'31 "W, FOR A DIST ANCE OF 236 .58
FEET TO A POIN T ON A CURVE MARKED BY A 1/2 INCH IRO N ROD (LB# 7191) AN D
LYING ON TH E NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AN D
UTILITY EA SEMENT, SA ID CU RVE BEIN G CON CAV E TO THE SO UT HEAST AND
H AVING A RAD IU S OF 300. 00 FEET; TH ENCE PROCEED ALONG SAID PROPOSED
NORTH EASEMEN T LINE AND CURVE THROU GH A CENTRAL ANGLE OF 04 °35'04"
FOR A DISTANCE OF 24. 00 FEET (CHORD BEAR ING = S73° 45'57"W, CHORD = 24.00
FEET) TO TH E POINT OF R EVERSE CURVATURE OF A CUR VE BEING CONCA VE TO
TH E N ORTH WEST A ND HAVIN G A RA DIU S OF 250. 00 FEET BEIN G MARKED BY A 1/2"
IRON ROD LB. #7191; TH ENCE CONTIN UE A LONG SAID PROPOSED N ORT H
EA SEMEN T LINE THROUGH A CEN TRA L ANGLE OF 20°27'23" FOR A DISTANCE OF
89. 26 FEET (CHORD BEAR ING = S81° 42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH
IR ON ROD (LB# 7191); THENCE CONTINU E N88° 04'12"W ALO NG SAID PROPOSED
NORTH EA SEMENT LIN E, FOR A DISTA NCE OF 316.74 FEET TO THE INTERSECTION
OF SAID PROPOSED NORTH EASEMEN T LIN E A ND TH E EA ST LINE OF AN A PPAREN T
60. 00 FOOT RIGHT OF WAY BEING MA RKED BY A 1/2" IR ON ROD LB. #7191; THENCE
DEPARTING SA ID PR OPOSED NORTH EASEMENT LINE, PROCEED N01 ° 55'48"E
A LONG SAID APPAR EN T EA ST RIGH T OF WAY LINE, FOR A DISTA NCE OF 259.91
FEET TO TH E POINT OF BEGINNING.
TH E ABOVE D ESCRIBED PA RCEL OF LAND CONTA INS 2. 53 A CRES (110,046 SQU ARE
FEET), MORE OR LESS.
THIS INSTRUMENT P REPARED B Y:
MEAD LAW & TITLE, PLLC
24 WALTER MARTIN RD NE, STE 201
FORT WALTO N BEACH, FL 32548
42705DK
INGRESS, EGRESS AND UTILITY EASEMENT
THIS Gran t of Easeme nt is made and e ntered in to by and between the City of Crestview,
Florida, a municipal corporation, herei nafter referred to as "City of Crestview", the recipie nt
an d ben eficiary of this G rant of Easeme nt is the Benjami n F. Anderson as Ta x Collector for
Okaloosa Cou nty, a Political Subdivision of the State of Florida, herei nafter referred to "Tax
Collector".
RECITALS:
The Tax Collector simultaneously with the execution and recording of this Gra nt of
Easement will be purchasing certain real property from City of Crestview consisti ng of
approximately 2. 53 acres, the legal description of which is attached hereto as E xhibit " A" and
referred to herein as the "Benefited Parcel".
As a con dition to the purchase by the Tax Co llector from the City of Crestview of the
Ben efited Parcel (Ex hibit "A "), the City of Crestview has agreed to grant to the Tax Collector an
easemen t over real property described on the attached Exhibit "B", consisti ng of appro ximately
1.04 acres together with unnamed road an d u nnamed drive as Depicted on the attached Exhibit
"C" and herein referred to as the "Basemen t Area".
The Easement A rea shall be for the benefit of the Benefited Parcel and shall be a benefit
that runs with the land and be an appurtenant to the Benefited Parcel. The ingress, egress and utility
easement created herein made be used by the Benefite d Parcel (Tax Collector, its su ccessors and/or
assigns) for the purpo se of vehicular a nd pedestrian ingress and egress to and from the Benefited
Parcel, and may also be used for the installation of all types of utilities, ie: water, sewer, electricity,
commu nication , gas an d other utilities. The easemen t may be u sed for the pu rpose of ov erhead
distribu tion or underground installatio n, together with the repair, replacement and maintenance of
all su ch u tilities and roadways.
NOW, THEREFO RE, in consideration of the sum of $10.00 and other good and valuable
consideration paid by the Tax Collector to the City of Crestview, the receipt and sufficiency of
which is herein acknowledged, the City of Crestview does hereby gran t, bargain an d conv ey un to
the Tax Collector a perpetual but non-exclusive easement as follows.
1. Incorpora tio n of Recitals. The recita ls set forth above are hereby incorporated in to
this Agreement as if fully set forth herein.
2. Grant of Easement. City of Crestview does hereby grant, bargain and co nvey unto the
Tax Collector, its successors and/or assigns, a non-exclusive b ut perpetual ingress and
egress and utility easement over and upon and under that real property described in the
attached Exhibit "B" pre viously referred to as the Easement Area, a nd more fully
described on the attached Exhibit "B" . The utility easeme nt area may be used for the
in stallation of all types of utilities, ie: water, sewer, electricity, c omm unication, gas and
other utilities. The easeme nt may be used for the purpose of o verhead distribution or
underground installation, together with the repair, replacement and mainten ance of all
such utilities and roadways.
3. The real property which shall be be nefited by this Gra nt of Easement is referred to as
the "Subject Parcel" an d is described on the attached E xhibit " A" .
4. Exhibit "A", Exhibit "B" and Exhibit "C" are incorporated by reference.
5. The Grant of Easement created herein is intended to be an appurtenant to the Benefited
Parcel and accordin gly a hereditament which shall continue to benefit the Benefited
Parcel, which Gran t of Easemen t shall run with the land, and accordingly shall benefit
the successors and/or assigns to the subject Benefited Parcel.
6. Authority. The parties represen t an d warran t to the other that it is not, by law or by
agreemen t with others, prohibited from entering in to this agreement, that each party
has obtained any approva ls or consents in advance of ex ecuting this agreement, and
that the persons executing this a greement on beha lf of each pa rty are authorized to
execute the same.
7. Entire A greement. This agreement contains the entire agreement between the parties.
It replaces and supersedes any and all oral agreements between the parties as well as
any prior writin gs.
8. No Partnership or Joint Venture. None of the terms or pro visions of this agreement
shall be deemed to create a partn ership between the parties in their respectiv e
o perations or obligations, or otherwise, nor shall it cause them to be con sidered join t
venturers or members of any joint enterprise.
9. Governing Law. The terms and conditions of this agreement shall be governed by and
con strued in the Laws of the State of Florida. The parties agree that the exclusive venue
an d jurisdiction for any litigation shall be solely in Okaloosa Coun ty, Florida. In the
2
e ve nt of any litigatio n the prevailing party shall be entitled to recover a reasonable
attorney fee.
10. Executions and Counterp arts . This agreement maybe executed and delivered in any
number of counterparts, ach of which so constituted and delivered shall be deemed to
be an original and all of which shall co nstitute one and the same instr ument.
IN WITN ESS WHEREOF, the parties have hereunto exec uted this Grant of Easement a nd
shall deeded effective upon recording in the Public Records of Okaloosa County, Florida.
Wit ne J
TAMRA L. COKONOUGHER
Print Witness Name
STATE OF FLORIDA
COUNTY OF OKA LOOSA
City of Crestview, Florida,
a municipal corporation
Bv,
Tim Bolduc
As City Manager
The foregoin g in strumen t was acknowledged before me by means of physical presence this
C1 . day of September, 2022, by Tim Bolduc as the City Manager of the City of Crestview,
Florida, a mun icipal corporation, who is personally known to me or—who—has-froadi ced
as-i niti"ficafo n.
IN WITNESS WHEREOF I hav e hereun to set my han d an d official seal.
0 Notary Public State of Florida
John S Mead
My Commission
HH 159767
EXp. 10/2012025
3
Witness
TAMRA L. COKONOUGHER
Print Witness Name
STATE OF FLORIDA
COUNTY OF OKALOOSA
SAA, k w L 11n UA.0
Benjami F. Anderson as Tax Collector
for Okaloosa C ounty, a Political
Subdi visio n of the State of Florida
The foregoing instrument was acknowledged before me by means of physical presence this
day of September, 2022, by Benjamin F. Anderson as Tax Collector for Okaloosa
County, a Political Subdivision of the State of Florida, who is perso nally known to me or wh o has
praclueed as -identification.
IN WITNESS WHEREOF I have hereunto set my hand and official seal.
* — - - - - - - - - - - 41
-
1 �,�n Notary Public State of Florida i
.4 Jo hn S Mead 1
i My Commission
NH 159767
1 '27 I'. £Xp.10/20/2025 l
4
EXHIBIT " A"
Benefitted Parcel
SUBJECT PARCEL (AS SURVEYED)
A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA
COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK
3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA; THENCE PROCEED 588°05'55"E ALONG THE NORTH LINE OF SAID
SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID NORTH LINE PROCEED
S01°54'05" W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) MARKING
THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283,
PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED
588°03'29" E (REFERENCE BEARING) ALONG THE NORTH LINE OF SAID PARCEL, FOR A DISTANCE
OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB# 7191) BEING THE POINT OF BEGINNING; THENCE
CONTINUE 588°03'29"E ALONG SAID NORTH LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2
INCH IRON ROD (LB# 7191); THENCE DEPARTING SAID NORTH LINE PROCEED S01°56'31"W, FOR
A DISTANCE OF 236.58 FEET TO A POINT ON A CURVE M ARKED BY A 1/2 INCH IRON ROD (LB#
7191) AND LYING ON THE NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND
UTILITY EASEMENT, SAID CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS
OF 300.00 FEET; THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE
THROUGH A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD BEARING =
S73°45'57"W, CHORD = 24. 00 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE BEING
CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET BEING MARKED BY A 1/2 "
IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED NORTH EASEMENT LINE
THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89. 26 FEET (CHORD BEARING =
581°42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON ROD (LB# 7191); THENCE CONTINUE
N88°04'12"W ALONG SAID PROPOSED NORTH EASEMENT LINE, FOR A DISTANCE OF 316.74 FEET
TO THE INTERSECTION OF SAID PROPOSED NORTH EASEMENT LINE AND THE EAST LINE OF AN
APPARENT 60. 00 FOOT RIGHT OF WAY BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE
DEPARTING SAID PROPOSED NORTH EASEMENT LINE, PROCEED N01°55'48" E ALONG SAID
APPARENT EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 259. 91 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET), MORE
OR LESS.
EXHIBIT "B"
Easement Area
INGRESS/EGRESS/UTILITY EASEMENT (AS SURVEYED)
A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA
COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK
3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'55"E ALONG THE NORTH LINE OF SAID
SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID NORTH LINE PROCEED
S01°54'05" W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) MARKING
THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283,
PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED
S88°03'29"E (REFERENCE BEARING) ALONG THE NORTH LINE OF SAID PARCEL, FOR A DISTANCE
OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB# 7191) LYING ON THE EAST LINE OF AN APPARENT
60.00 FOOT RIGHT OF WAY; THENCE PROCEED S01°55'48"W ALONG SAID EAST LINE OF
APPARENT RIGHT OF WAY, FOR A DISTANCE OF 259.91 FEET TO A 1/2 INCH IRON ROD (LB# 7191)
MARKING THE POINT OF BEGINNING; THENCE PROCEED S88°04'12"E, FOR A DISTANCE OF 316.74
FEET TO A POINT OF CURVATURE OF A CURVE BEING CONCAVE TO THE NORTHWEST AND
HAVING A RADIUS OF 250.00 FEET BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE
PROCEED THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89 .26 FEET (CHORD
BEARING = N81°42'07" E, CHORD = 88. 78 FEET) TO THE POINT OF REVERSE CURVATURE OF A
CURVE BEING CONCAVE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET BEING MARKED BY
A 1/2 INCH IRON ROD (LB# 7191); THENCE PROCEED THROUGH A CENTRAL ANGLE OF 20°27'23 "
FOR A DISTANCE OF 107. 11 FEET (CHORD BEARING = N81°42'07"E, CHORD = 106 .54 FEET);
THENCE DEPARTING SAID CURVE, PROCEED 588°04'12"E, FOR A DISTANCE OF 239.90 FEET TO
THE WEST RIGHT OF WAY LINE OF FARMER STREET, A PUBLIC 60.00 FOOT RIGHT OF WAY;
THENCE PROCEED S01°59'52"W ALONG SAID WEST RIGHT OF WAY LINE, FOR A DISTANCE OF
60.00 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, PROCEED N88°04'12" W, FOR A
DISTANCE OF 239.83 FEET TO A POINT OF CURVATURE OF A CURVE BEING CONCAVE TO THE
SOUTHEAST AND HAVING A RADIUS OF 240.00 FEET; THENCE PROCEED THROUGH A CENTRAL
ANGLE OF 20°27'23" FOR A DISTANCE OF 85.69 FEET (CHORD BEARING = 581° 42'07"W, CHORD =
85.23 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE NORTHWEST
AND HAVING A RADIUS OF 310.00 FEET; THENCE PROCEED THROUGH A CENTRAL ANGLE OF
20°27'23" FOR A DISTANCE OF 110.68 FEET (CHORD BEARING = 581°42'07" W, CHORD = 110. 09
FEET); THENCE DEPARTING SAID CURVE, PROCEED N88°04'12" W, FOR A DISTANCE OF 316.74
FEET TO THE EAST LINE OF THE AFOREMENTIONED APPARENT 60.00 FOOT RIGHT OF WAY;
THENCE PROCEED N01°55'48"E ALONG SAID EAST LINE OF APPARENT RIGHT OF WAY, FOR A
DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1. 04 ACRES (45,179 SQUARE FEET), MORE
OR LESS.
EXHIBIT "C"
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Taw MT m A NNW ON A CMG LING O RK MOW LOC 0A PROPOSE° Saw 7907
MY 671; SOICS9 NO 7540 TASOIMI SAO 5WK VOW COMP 70 nE 10100205 NO ION.04 A
RAILS C w.w IROISE 419 MOW SAO PRONA1( ROM.A0.. IMF 47 TANK Raw¢
A MINN1L 2 741 7 917'14. 1N A M K S9! Net (MOW MARINO040• 50 001704 100 0 „ 091
ISEH ro R7 PUNT 0 HHRS' 07270IMAM07 0 A CLC1 NINE COMAE 700E ROw6144I AND NA 4* A
RAMIS 0 PROM ISM MVO UMW I A IA' RM r2 1754 11IO0CE 05409E ALONG A
PROP550 SOWN MORON ON R 012 57 RIME OF 909797 FOR A 54979701E O4 oast nor
mow 090x1 • rYY001 6622 m0 m A I0 4mom13 N RN (Ml rook 5motor
740
[795070 .SOO CORK PROCEED 700050954• FOR A 057914 0 41 J1 l4EP, 54115 404700 SAO
447272'1 D NORM 09.40041 0 M704E9 0170175, 00 A USr0Nr 0 15107 LEER 54,4 PAM.
700
liM7 me -odor
OW A DISTAIAX OF OM NIT ROTE PROMO swY70DM /N AO91A444 O I>J1 !Sr
INC AMOK M..0000 711750- 0 MO MUNI 003 AIRES 702417049E liN) WOE M rLL
"74114.Rac5/P IFSSAIr0LEYF115Lk9717(09 SUM.)
Sheaf Index:
wDMAAY LAi4rY SO1Kr 70"
OREMC9OS AI,� rfA:TAJ.
0 54EEOM M55MnO+AO RASEH00
1945
A P0FC8 0 LA .0709110 W 50504 A 0000 J 00071 AAVS w Mgr, 0510012 [WM 45099.4
MF OH NCR.
NO W oute REOOO OOO A4SL PAGE tag
nE P110/C
MOMS 0 MAMA CO"IIY, NCA®N NO BtWDYOTF PMIIOAASYOF2fAtifm 409 107070[
CWARMS AI DE 4.0011®7 MUM 0 5 0005 A 701090) J N004 RANCE 01 HEM 010100 4 COMM
115904 RN. MODEM 50907550 1100 ME HOW 55/50 0 SAO 1101x/ 4. 707 4 057347E 0
14040 m7 0x£4 70000 0 SAO NORTH ME 400 510 0519100•,) roe 3 0570 40 0 70022 AM TO
540 MVI PO R5, my./ MAGNIN aR7054015497 ma., 0 IO IM9°N0 45NOm N W MY]N
1 1[[505 1(0 9900 P 5F }75 CF nE RMIR MEC OME -1 MAVM ere A 777119. 7 345 507 7a
730 500 f0f10I 452/REASON x57.0 5450 NORM ME 0- OAR 4L F0 A 945,7 01047 mr m
A ROME WO NOV Aw .... NO 1 Hlp 0 0K UK :GAL
AaPA7NE raw =TAME
CF r AR
MOWED NOM v5 7957 Let Cry 977325x7 Error v MY. A NS AKE v 970.99
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MIS M75aa 5gr0C•19•f:
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MOAN CF JOF 0 ml 90x0 A 057 BY A 170 NOV R5, M 5N: 111.2E 540400
544(1(70 A 1001 ,CAF 0. ORI OF EM 0 75754 S F A 440 05010 NCAIS .00920)'
OaOO .620 140 0 Mx 947 1 0 REMISE 51 .4 7/2 21 A WNW 0552 SICK 50105957 AO
11!0 A "CONS 0 97090 Mel OUM MARMU 17 A lA +1701557 R5, REF Nq4 GORE PArOID
45540/01 A ttNIR,r AML 0 MY. IN A MTM4 P 10).11 mr y rlSFla . "0.1707.0
PSI 7 451£0451 Y IMM1O SAO 0 07 E0 A 02 2094 III A OSIAO9 7 PRD.w
PANTED PA TO S / CC WAY MS OF0JN Or Mr AMRA IS rootF 600OG REHS
3ST ANN WA MST NOT 0 WY 175, rI MO 0 W5, I1 I 56x7
00PMOCVRE 54[91 MO➢0WAYM S. tOO X5,017)}170 9051 0JA.N NET 0AMOXT
OMO0 5 (NIL MAO 05507 ro 14 4• 0EASr NO NNW A R rr to wow 2SH
5451101P2fECO40490or '07 015µ106601170(0M21 0551500
74571095/7r'orit 40 5 70 00 PI14 Cr0 ROOM 10495454 Cr A mow E OF 400771E
KIA A 540 A, I0 A 00 v TO.w 09 0007 4' 4ID 04 I A 2x549 ,0E v 37]174•
SO A IRN: P 011 NOSIS (HR FM
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0 945'9/x707 5070 940( FM A gsfNRL r 0¢70 mr m nE PORT r Rrrrnry�
112 ABMS MOMS /NMI OF LOO C0V AISS 154 ACRES (431)9 SPANS ISIA MOM 0 ICS
PROPOSED INGRESSAEGRESS/UTILITYEASEMENT - DETAIL
(7107 TO SCALE)
2)1.04 ACRES (5745,179 SQUARE FEET)
l f(r '!D i,'-
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Lxe7n1Y9'x Jw.,
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17
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14
THIS INSTR UMENT PREPARED B Y:
MEAD LAW & TITLE, PLLC
24 WALTE R MARTI N RD NE, STE 201
FORT WALTON BE ACH, FL 32548
42705 DK
UNDE RGRO UND UTILIT Y EASEMENT
TH IS A GREEMENT is made as of the i!k L day of September, 2022, by and
between BENJA MIN F. ANDERSON, AS T AX COLLECTOR FOR OKALOOS A CO UNTY,
FLOR IDA, a Political Subdivisio n of the State of Florida ("GR ANTOR"), and CIT Y OF
CRESTVIEW, FLORIDA, a municipal corporati on ("GRANTEE") .
WITNESSETH:
WH EREAS, GRANTOR is the owner of certain real property located in Okaloosa Co unty,
Florida, as described in Exhibit "A " attached heret o and made a part hereof; and
WH EREAS, GRA NTOR an d G RA NTEE desire to establish certain rights and servitudes
ov er the area depicted on the attached Exhibit "B" Proposed Utility Easeme nt (hereinafter referred
to as "U tility Easement Area"); and
WHEREA S, GRAN TOR and GRAN TEE desire to set forth herein the terms of their
agreement concerning the Utility Easemen t Area, an d access and maintenance of the same.
N OW, TH EREFORE, in consideratio n of good an d valua ble consider ation, the receipt a nd
sufficiency of which is hereby acknowledged by ea ch party, they do hereby agree as follows:
The recitals set forth above are in corporated herein by reference.
A RTICLE I - EA SEMENT
SECTION 1.1 GRA NTOR hereby grants to GRA NTEE a n on -exclu sive un derground
easement in the Utility Easement Area, in order to permit unobstructed access by all parties and
their agents, co ntractors, employees, tenants, licensees and invitees, for the placement,
co nstruction, reconstru ction, maintaining, and repa iring undergrou nd u tility service lines together
with all necessary rights of access, ingress and egress thereto an d therefrom and under along
ONLY that property described on the attached Ex hibit "B" and depicted on the attached Exhibit
"C" as 20' Proposed U tility Easemen t. In the event GRANTEE is required to maintain, repair
and/or replace said u tilities, G RA NTEE shall, at its expen se, return the U tility Easement Area to
the condition prior to said work.
SECTION 1. 2 No thing herein shall create a gift or dedication of any portion of the Utility
Ea sement Area to the general pu blic.
SECTION 1 .3 Each parcel ow ner shall be solely respo nsible for the cost of repair and
u pkeep for utility li nes that are s olely used for their p urpose. If either party desires to modify an
existing utility, said modification shall be done at the expe nse of the party ca usi ng such a
modification. Said expense includes upgrades, updates, engineering, permitting, and any other cost
associated with the modification.
ARTI CLE II - MISCELLANE OUS PR OVISI ONS
SECTIO N 2. 1 No part of this Agreement may be terminated or modified without the prior
consent of each Parcel owner.
SECTION 2. 2 This A greement shall not create an associatio n, partnership, j oint venture or
a principal and agency relation ship betwee n the owners of the Parcels or their tenants or licensees.
SECTION 2.3 No waiver of an y provisio n hereof shall be deemed to imply or constitute a
further waiver thereof of any other provision set forth herei n.
SECTION 2.4 Shou ld any provision hereof be declared i nvalid by a legislative,
administrativ e or judicial body of competent ju risdiction, the other provisio ns hereof shall remain
in full force and effect and shall be u naffected by same.
SECTION 2.5 Wherev er con sent is required by either party to this Agreeme nt, it sh all not
be unreasonably withheld or delayed.
SECTION 2.6 All notices an d approv als required or permitted under this Agreeme nt shall
be served by certified mail, return receipt requested, to a party at the last known address of its
prin cipal place of bu sin ess. Date of service of n otice or approval shall be the date on which such
no tice or approv al is delivered to a recognized ov ernight courier or deposited in a Post Office of
the United States Postal Service or any successor governmental agency. Should a Parcel be
subdiv ided by separate ownership, the pa rty who own s the largest portion thereof is irrevoc ably
appointed attorney -in -fact for all parties who may own an interest in the Parcel to receive all
n otices and to render all approvals hereunder, which receipt of notices and delivery of approvals
shall be binding on a ll such pa rties.
SECTION 2. 7 A ll of the provisions hereof shall run with the land in perpetuity.
SECTION 2. 8 This A greement co ntains the entire agreemen t between the parties and there
are no other terms, expressed or implied, except as con tained herein. Any statement, represen tatio n
or promise made by either party or any agen t or employee thereof which is not contained herein
shall be n ull an d void.
SECTION 2.9 In the event of litigation by reason of this A greement, the prevailing party
in su ch litigation shall be entitled to recover reason able attorney's fees in addition to all other
expenses incu rred by su ch litigation.
2
IN WITNESS WHEREOF, the parties have e xec uted this Agreement in counterparts, each
of which constitutes an original agreeme nt .
TAMRAL.COKONOUGHER
STATE OF FLORIDA
COUNTY OF OKALOOSA
Print Witness N ame
vISavl
BenjanF. A nderson, as Ta x Collector
for Okaloosa C ounty, a P olitical
S ubdi vision of the State of Florida
The foregoing in strument was acknowledged before me by means of physical prese nce this
,. day of September, 2022 by Benjamin F. Anderson, as Tax Collector for Okaloosa
County, a Political Subdivision of the State of Florida, ✓who is personally known to me OR
who produced as identifica tion.
is
..x* Pc. Notary Public State of Florida
a, ,1John S Me ad
d My NCommission
Exp. 101201202$
3
TAMR,q L. COKON OUGHER
Print Witness Name
STATE OF FLORIDA
COUNTY OF OKALOOSA
City of Crestview, Florida,
a m unicip al corporation
By: �--
im Bolduc
As City Manager
The foregoin g instrument was acknowledged before me by means of physical prese nce this
cDS L day of September, 2022 15 Tim Boldu c, as City Man ager of the City of Crestview,
Florida, a municipal corporatio n, ✓ who is person ally known to me OR wh o produced
as identification.
4
oof Pe& Notary Public State of Florida
1 ;r4 V: John S Mead
d1 MIfi 597�67
an 1on
H7
Exp.10120/2025
Exhibit "A"
SUBJECT PARCEL ( AS S URVE YED)
A PARCEL OF LAND SIT UATED IN SECTION 4, TOWNS HIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA; BEING A P ORTION OF THE PROPERTY DESCRIBED
IN OFFICIAL RECORDS BO OK 3283, PAGE 2957 OF THE P UBLIC RECOR DS OF
OK ALOOSA COUNTY, FLORIDA; A ND BEI NG MORE PA RTIC UL ARL Y DESCRIBED AS
FO LLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNS HIP 3 NORTH,
RA NGE 23 WEST, OKA LOOSA COUNTY, FLORIDA; THENCE PROCEE D S88°05'55"E
ALONG THE NORTH LIN E OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET;
THENCE DEPA RTING SA ID NORTH LINE PROCEED S01 °54'05"W, FOR A DISTANCE OF
1102. 22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) M AR KING T HE NORTHWEST
CORNER OF TH E PROPERTY DESCRIBED IN OFFICI AL RECORDS BOO K 3283, P AGE
2957 OF THE PU BLIC RECORDS OF OKALOOS A COU NTY, FLO RID A; THENCE
PROCEED S88°03'29"E (REFEREN CE BEARING) ALO NG THE NORTH LINE OF SAID
PARCEL, FOR A D ISTANCE OF 30.00 FEET TO A 1/2 INCH I RON RO D (LB# 7191) BEIN G
THE POIN T OF BEGINN ING; THENCE CONTINUE S88°03'29"E ALONG SAI D NO RTH
LINE, FOR A D ISTA NCE OF 426.97 FEET TO A 1/2 INCH IRON RO D (LB# 7191); T HENCE
D EPARTING SAID NORTH LINE PROCEED S01 ° 56'31 "W, FOR A DISTANCE OF 236.58
FEET TO A POINT ON A CUR VE MARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND
LYING ON TH E NORTH LINE OF A PR OPOSED 60.00 FOOT INGRESS, EG RESS, AND
U TILITY EASEMEN T, SAID CU RVE BEING CONCAVE TO THE SO UT HEAST AND
HAVIN G A RA DIU S OF 300.00 FEET; THENCE PROCEED ALONG S AID PROPOSE D
NORTH EASEMENT LINE AND CU RV E THROUGH A CENTRAL ANGLE OF 04°35'04 "
FOR A DISTA NCE OF 24. 00 FEET (CHOR D BEARIN G = S73°45'57"W, CHORD = 24 .00
FEET) TO THE POINT OF REVERSE CURVA TURE OF A CURVE BEING CONCAVE TO
TH E NORTHWEST AND HA VING A RADIUS OF 250.00 FEET BEING MA RKED BY A 1/2"
IR ON ROD LB. #7191; TH ENCE CONTIN UE A LONG SA ID PROPOSED NORTH
EASEMENT LINE TH ROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF
89.26 FEET (CHORD BEARING = S81° 42'07"W, CHOR D = 88.78 FEET) TO A 1/2 INCH
IR ON R OD (LB# 7191); TH ENCE CONTINUE N88° 04'12"W ALONG SAID PRO PO SED
NORTH EASEMENT LINE, FOR A D ISTANCE OF 316.74 FEET TO TH E INTER SECTION
OF SA ID PROPOSED NORTH EASEMENT LINE AN D THE EA ST LINE OF AN APPARENT
60. 00 FOOT R IG HT OF WAY BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE
DEPARTING SAID PROPOSED N ORTH EA SEMENT LIN E, PROCEED N 01 °55'48" E
ALONG SA ID APPA RENT EA ST RIGH T OF WA Y LINE, FOR A DISTANCE OF 259. 91
FEET TO THE POIN T OF BEGINNING.
THE A BOVE DESCRIBED PAR CEL OF LA ND CON TAINS 2.53 ACRES (110,046 SQUAR E
FEET), MORE OR LESS.
5
Exhibit "B"
PROPOSE D UTILIT Y EASEMENT (AS SURVEYED)
A PA RCEL OF LAND SITUATE D IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKA LOOSA COUNT Y, FLORIDA; BEIN G A PORTION OF THE PROPERTY DESCRIBE D
IN OFFICIAL RECORDS BOOK 3283, P AGE 2957 OF THE P UBLIC RECORDS OF
OKALOOSA CO UNTY, FLORI DA; A ND BEING MORE PARTIC ULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTIO N 4, TOWNSHIP 3 NO RTH,
RAN GE 23 WEST, OK ALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'55 "E
ALON G TH E NOR TH LIN E OF SAID SECTION 4, FOR A DIST ANCE OF 1150.46 FEET;
TH EN CE D EPAR TING SA ID NORTH LINE PR OCEED S01°54'05"W, FOR A DISTANCE OF
1102. 22 FEET TO A 5/8 IN CH IRON ROD (LB# 5024) MA RKING THE NORTHWEST
CORN ER OF TH E PROPERTY D ESCRIBED IN OFFICI AL RECORDS BOOK 3283, PAGE
2957 OF TH E PUBLIC RECORDS OF OKALOOS A CO UNTY, FLORIDA; THENCE
PROCEED S88° 03'29"E (REFEREN CE BEARING) ALO NG THE NORTH LINE OF SAI D
PA RCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB# 7191) BEING
THE POINT OF BEGINN ING ; TH ENCE CONTINUE S88 °03'29"E ALONG SAI D NORT H
LINE, FORA DISTA NCE OF 426.97 FEET TO A 1/2 INCH IRO N ROD (LB# 7191); T HE NCE
DEPA RTING SA ID NORTH LINE PROCEED S01 °56'31 "W, FO R A DISTANCE OF 20 .00
FEET; THENCE PR OCEED N88° 03'29"W, FOR A DISTANCE OF 426.96 FEET THE EAST
LIN E OF AN APPA RENT 60. 00 FOOT RIGHT OF WAY, THENCE PROCEED N01 °55'48"E
A LON G SAID A PPA RENT EA ST RIGHT OF WA Y LINE, FOR A DISTANCE OF 20 .00 FEET
TO THE PO INT OF BEGINNIN G.
THE A BOV E DESCRIBED PARCEL OF LA ND CONTAINS 0.20 A CRES (8,539 SQ UA RE
FEET), MORE OR LESS.
6
Loan Policy of Title Insurance
(with Florida modifications)
First American Title ISSUED BY
First American Title Insurance Company
Loan Policy
POLICY NUMBER
5011312-0893193e
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to
the Company at the address shown in Section 17 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures as of Date of Policy, against
loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land
onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company For Reference:
File #: 42705DK
Loan #: .
Policy #: 5011312-0893193e
Issued Bv:
Mead Law & Title, PLLC
24 Walter Martin Road, Suite 201
Fort Walton Beach, FL 32548
Kenneth D. DeGiorgio, President
Greg L. Smith, Secretary
(This Policy is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 5011312 (7-1-14)
Page 1 of 6 ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications)
Policy #: 501131'2-0893193e COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to insurance
against loss from any of the following impairing the lien of the Insured Mortgage
(a) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(b) failure of any person or Entity to have authorized a transfer or conveyance;
(c) the Insured Mortgage not being properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(d) failure to perform those acts necessary to create a document by electronic means authorized by law;
(e) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(f) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(g) a defective judicial or administrative proceeding.
10. The lack of priority of the lien of the Insured Mortgage upon the Title over any other lien or encumbrance.
11. The lack of priority of the lien of the Insured Mortgage upon the Title as security for each and every advance of proceeds of the loan secured by
the Insured Mortgage over any statutory lien for services, labor, or material arising from construction of an improvement or work related to the
Land when the improvement or work is either
(a) contracted for or commenced on or before Date of Policy; or
(b) contracted for, commenced, or continued after Date of Policy if the construction is financed, in whole or in part, by proceeds of the loan
secured by the Insured Mortgage that the Insured has advanced or is obligated on Date of Policy to advance.
12. The invalidity or unenforceability of any assignment of the Insured Mortgage, provided the assignment is shown in Schedule A, or the failure of
the assignment shown in Schedule A to vest title to the Insured Mortgage in the named Insured assignee free and clear of all liens.
13. The invalidity, unenforceability, lack of priority, or avoidance of the lien of the Insured Mortgage upon the Title
(a) resulting from the avoidance in whole or in part, or from a court order providing an alternative remedy, of any transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction creating the lien of the Insured Mortgage because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the Insured Mortgage constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws
by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 13 that has been created or attached or
has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the Insured Mortgage in the Public
Records.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does
not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or
limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by
the Insured Claimant prior to the date the Insured Claimant
became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
Form 5011312 (7-1-14) Page 2 of 6
ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications)
Policy #: 5011312-1893193e
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the
Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of
the inability or failure of an Insured to comply with applicable
doing -business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the
Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer
credit protection or truth -in -lending law.
EXCLUSIONS FROM COVERAGE (Continued)
6. Any claim, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that the
transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered
Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the Insured
Mortgage in the Public Records.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this
policy, increased by Section 8(b) or decreased by Section 10
of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Indebtedness": The obligation secured by the Insured
Mortgage including one evidenced by electronic means
authorized by law, and if that obligation is the payment of a
debt, the Indebtedness is the sum of
(i) the amount of the principal disbursed as of Date of
Policy;
(ii) the amount of the principal disbursed subsequent to
Date of Policy;
(iii) the construction loan advances made subsequent to
Date of Policy for the purpose of financing in whole or in
part the construction of an improvement to the Land or
related to the Land that the Insured was and continued
to be obligated to advance at Date of Policy and at the
date of the advance;
(iv) interest on the loan;
(v) the prepayment premiums, exit fees, and other similar
fees or penalties allowed by law;
(vi) the expenses of foreclosure and any other costs of
enforcement;
(vii) the amounts advanced to assure compliance with laws
or to protect the lien or the priority of the lien of the
Insured Mortgage before the acquisition of the estate or
interest in the Title;
(viii) the amounts to pay taxes and insurance; and
(ix) the reasonable amounts expended to prevent
deterioration of improvements;
but the Indebtedness is reduced by the total of all payments
and by any amount forgiven by an Insured.
(e) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) the owner of the Indebtedness and each successor
in ownership of the Indebtedness, whether the
owner or successor owns the Indebtedness for its
own account or as a trustee or other fiduciary,
except a successor who is an obligor under the
provisions of Section 12(c) of these Conditions;
the person or Entity who has "control" of the
"transferable record," if the Indebtedness is
evidenced by a "transferable record," as these
Form 5011312 (7-1-14) Page 3 of 6
(B)
(f)
(0)
(h)
(i)
(i)
terms are defined by applicable electronic
transactions law;
(C) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(D) successors to an Insured by its conversion to
another kind of Entity;
(E) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration
conveying the Title
(1) if the stock, shares, memberships, or other
equity interests of the grantee are
wholly -owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
or
if the grantee is wholly -owned by an affiliated
Entity of the named Insured, provided the
affiliated Entity and the named Insured are
both wholly -owned by the same person or
Entity;
(F) any government agency or instrumentality that is an
insurer or guarantor under an insurance contract or
guaranty insuring or guaranteeing the Indebtedness
secured by the Insured Mortgage, or any part of it,
whether named as an Insured or not;
(ii) With regard to (A), (B), (C), (D), and (E) reserving,
however, all rights and defenses as to any successor
that the Company would have had against any
predecessor Insured, unless the successor acquired the
Indebtedness as a purchaser for value without
Knowledge of the asserted defect, lien, encumbrance, or
other matter insured against by this policy.
"Insured Claimant": An Insured claiming loss or damage.
"Insured Mortgage": The Mortgage described in paragraph 4
of Schedule A.
"Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
"Land": The land described in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the
area described in Schedule A, nor any right, title, interest,
estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or
limit the extent that a right of access to and from the Land is
insured by this policy.
"Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
(3)
ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications)
Policy #: 501131,2-0893193e CONDITIONS (Continued)
(k) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d),
"Public Records" shall also include environmental protection
liens filed in the records of the clerk of the United States
District Court for the district where the Land is located.
"Title": The estate or interest described in Schedule A.
"Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title or a prospective purchaser of
the insured Mortgage to be released from the obligation to
purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured after acquisition of the Title by an
Insured or after conveyance by an Insured, but only so long as the
Insured retains an estate or interest in the Land, or holds an
obligation secured by a purchase money Mortgage given by a
purchaser from the Insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer or conveyance
of the Title. This policy shall not continue in force in favor of any
purchaser from the Insured of either (i) an estate or interest in the
Land, or (ii) an obligation secured by a purchase money Mortgage
given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions,
(ii) in case Knowledge shall come to an Insured of any claim of title
or interest that is adverse to the Title or the lien of the Insured
Mortgage, as insured, and that might cause loss or damage for
which the Company may be liable by virtue of this policy, or (iii) if
the Title or the lien of the Insured Mortgage, as insured, is rejected
as Unmarketable Title. If the Company is prejudiced by the failure
of the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced
to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of
loss or damage, the Company may, at its option, require as a
condition of payment that the Insured Claimant furnish a signed
proof of loss. The proof of loss must describe the defect, lien,
encumbrance, or other matter insured against by this policy that
constitutes the basis of loss or damage and shall state, to the
extent possible, the basis of calculating the amount of the loss or
damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the
options contained in Section 7 of these Conditions, the
Company, at its own cost and without unreasonable delay,
shall provide for the defense of an Insured in litigation in
which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only those
stated causes of action alleging matters insured against by
this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the Insured to
object for reasonable cause) to represent the Insured as to
those stated causes of action.
It shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs, or
f Form 5011312 (7-1-14)
(b)
(c)
expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by
this policy.
The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title or the lien of the Insured Mortgage, as
insured, or to prevent or reduce loss or damage to the
Insured, The Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable
to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy.
If the Company exercises its rights under this subsection, it
must do so diligently.
Whenever the Company brings an action or asserts a
defense as required or permitted by this policy, the Company
may pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right, in
its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a)
In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any
action or proceeding and any appeals, the Insured shall
secure to the Company the right to so prosecute or provide
defense in the action or proceeding, including the right to use,
at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the
Company's expense, shall give the Company all reasonable
aid (i) in securing evidence, obtaining witnesses, prosecuting
or defending the action or proceeding, or effecting settlement,
and (ii) in any other lawful act that in the opinion of the
Company may be necessary or desirable to establish the
Title, the lien of the Insured Mortgage, or any other matter as
insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's
obligations to the Insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters
requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant
to submit to examination under oath by any authorized
representative of the Company and to produce for
examination, inspection, and copying, at such reasonable
times and places as may be designated by the authorized
representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in
writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody
or control of a third party that reasonably pertain to the Toss or
damage. All information designated as confidential by the
Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to
submit for examination under oath, produce any reasonably
Page 4 of 6 I ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications)
Policy #: 5011312.0893193e
CONDITIONS (Continued)
requested information, or grant permission to secure
reasonably necessary information from third parties as
required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to
Purchase the Indebtedness.
(i) To pay or tender payment of the Amount of Insurance under
this policy together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to
pay; or
(ii) To purchase the Indebtedness for the amount of the
Indebtedness on the date of purchase, together with any
costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the
time of purchase and that the Company is obligated to pay.
When the Company purchases the Indebtedness, the Insured
shall transfer, assign, and convey to the Company the
Indebtedness and the Insured Mortgage, together with any 9.
collateral security.
Upon the exercise by the Company of either of the options
provided for in subsections (a)(i) or (ii), all liability and obligations
of the Company to the Insured under this policy, other than to
make the payment required in those subsections, shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay;
or
(ii) to pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any
costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the 1
time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy. 1
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the least of
(i) the Amount of Insurance,
Form 5011312 (7-1-14) Page 5 of 6
0.
1.
(ii) the Indebtedness,
(iii) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
this policy, or
(iv) if a govemment agency or instrumentality is the Insured
Claimant, the amount it paid in the acquisition of the Title or
the Insured Mortgage in satisfaction of its insurance contract
or guaranty.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title or the lien
of the Insured Mortgage, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In the event the Insured has acquired the Title in the manner
described in Section 2 of these Conditions or has conveyed the
Title, then the extent of liability of the Company shall continue as
set forth in Section 8(a) of these Conditions.
(d) In addition to the extent of liability under (a), (b), and (c), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable
Title, or establishes the lien of the Insured Mortgage, all as
insured, in a reasonably diligent manner by any method,
including litigation and the completion of any appeals, it shall
have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused to the
Insured.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition
of all appeals, adverse to the Title or to the lien of the Insured
Mortgage, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the
Company.
REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
(a) All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of
Insurance by the amount of the payment. However, any
payments made prior to the acquisition of Title as provided in
Section 2 of these Conditions shall not reduce the Amount of
Insurance afforded under this policy except to the extent that the
payments reduce the Indebtedness.
(b) The voluntary satisfaction or release of the Insured Mortgage
shall terminate all liability of the Company except as provided in
Section 2 of these Conditions.
PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications)
Policy #: 5011312-0893193e CONDITIONS (Continued)
12. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) The Company's Right to Recover
Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title or Insured Mortgage
and all other rights and remedies in respect to the claim that
the Insured Claimant has against any person or property, to
the extent of the amount of any loss, costs, attorneys' fees,
and expenses paid by the Company. If requested by the
Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and
remedies. The Insured Claimant shall permit the Company to
sue, compromise, or settle in the name of the Insured
Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant
shall have recovered its loss.
(b) The Insured's Rights and Limitations
(i) The owner of the Indebtedness may release or substitute
the personal liability of any debtor or guarantor, extend
or otherwise modify the terms of payment, release a
portion of the Title from the lien of the Insured Mortgage,
or release any collateral security for the Indebtedness, if
it does not affect the enforceability or priority of the lien
of the Insured Mortgage.
(ii) If the Insured exercises a right provided in (b)(i), but has
Knowledge of any claim adverse to the Title or the lien of
the Insured Mortgage insured against by this policy, the
Company shall be required to pay only that part of any
losses insured against by this policy that shall exceed
the amount, if any, lost to the Company by reason of the
impairment by the Insured Claimant of the Company's
right of subrogation.
(c) The Company's Rights Against Non-insured Obligors
The Company's right of subrogation includes the Insured's
rights against non-insured obligors including the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
The Company's right of subrogation shall not be avoided by
acquisition of the Insured Mortgage by an obligor (except an
obligor described in Section 1(e)(i)(F) of these Conditions)
who acquires the Insured Mortgage as a result of an
indemnity, guarantee, other policy of insurance, or bond, and
the obligor will not be an Insured under this policy.
13. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the
Title Insurance Arbitration Rules of the American Arbitration
Association may be demanded if agreed to by both the Company
and the Insured at the time of controversy or claim. Arbitrable
matters may include, but are not limited to, any controversy or
claim between the Company and the Insured arising out of or
relating to this policy, and service of the Company in connection
with its issuance or the breach of a policy provision or other
obligation. Arbitration pursuant to this policy and under the Rules
in effect on the date the demand for arbitration is made or, at the
I Form 5011312 (7-1-14) Page 6 of 6
option of the Insured, the Rules in effect at Date of Policy shall be
binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the Land is located permit a
court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any
court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under
the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to
it by the Company is the entire policy and contract between
the Insured and the Company. In interpreting any provision of
this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of
the Title or lien of the Insured Mortgage or by any action
asserting such claim whether or not based on negligence
shall be restricted to this policy.
Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it
does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date
of Policy, or (iv) increase the Amount of Insurance.
15. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be
invalid, but all other provisions shall remain in full force and effect.
16. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined
the premium charged therefor in reliance upon the law
affecting interests in real property and applicable to the
interpretation, rights, remedies, or enforcement of policies of
title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity
of claims against the Title or the lien of the Insured Mortgage
that are adverse to the Insured and to interpret and enforce
the terms of this policy. In neither case shall the court or
arbitrator apply its conflicts of law principles to determine the
applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought
by the Insured against the Company must be filed only in a
state or federal court within the United States of America or
its territories having appropriate jurisdiction.
17. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given
to the Company at First American Title Insurance Company,
Attn: Claims National Intake Center, 1 First American Way,
Santa Ana, California 92707. Phone: 888-632-1642.
(c)
ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications)
',-.43e;;; First American
Schedule A
Loan Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5011312-0893193e
Name and Address of Title Insurance Company:
FIRST AMERICAN TITLE INSURANCE COMPANY, 1 First American Way, Santa
Ana, California 92707
File No.: 1054-6172120
Agent File No.: 42705DK
Loan No.: .
Address Reference: 2.5 ACRES (SURVEY ATTACHED), CRESTVIEW, FL 32539
Amount of Insurance: $275,000.00 Premium: $95.00
Date of Policy: September 30, 2022 at 3:01 PM
1. Name of Insured:
City of Crestview, a Florida municipal corporation and each successor and/or assign that is a
successor in ownership of the Indebtedness, except as provided in Section 12(c) of the Conditions.
2. The estate or interest in the Land that is encumbered by the Insured Mortgage is:
Fee Simple
3. Title is vested in:
Benjamin F. Anderson, as Tax Collector for Okaloosa County, a Political Subdivision of the State of
Florida
4. The Insured Mortgage, and its assignments, if any, are described as follows:
That certain mortgage from Benjamin F. Anderson, as Tax Collector for Okaloosa County, a Political
Subdivision of the State of Florida to City of Crestview, a Florida municipal corporation, dated
September 28, 2022, filed of record September 30, 2022, in Book 3645, Page 1413, Public Records
of OKALOOSA County, Florida, in the original principal amount of $275,000.00.
5. The Land referred to in this policy is described as follows:
See Exhibit "A" attached hereto and made a part hereof
IForm 50089712 (11-1-21) Page 1 of 6
ALTA Loan Policy of Title Insurance (6-17-06:;
Florida
6. This Policy incorporates by reference those ALTA endorsements selected below: NONE
❑ ALTA Endorsement 4.1-06
❑ ALTA Endorsement 5.1-06
❑ ALTA Endorsement 6-06
❑ ALTA Endorsement 6.2-06
❑ ALTA Endorsement 7-06
❑ ALTA Endorsement 8.1-06
❑ ALTA Endorsement 9-06
❑ ALTA Endorsement 13.1-06
❑ ALTA Endorsement 14-06
❑ ALTA Endorsement 14.3-06
❑ Florida Endorsement NSE
Mead Law & Title, PLLC
By:
%Qit rLs 2- 024
Condominium (with Florida modifications)
Planned Unit Development (with Florida modifications)
Variable Rate
Variable Rate - Negative Amortization
Manufactured Housing Unit
Environmental Protection Lien (with Florida modifications) -
Paragraph 5 refers to the following state statute(s): NONE
Restrictions, Easements, Minerals (with Florida modifications)
Leasehold Loan
Future Advance - Priority
Future Advance - Reverse Mortgage (with Florida modifications)
Navigational Servitude
Authorized Countersignature for Mead Law & Title, PLLC
(This Schedule A valid only when Schedule BI & BII are attached)
Form 50089712 (11-1-21) Page 2 of 6
ALTA Loan Policy of Title Insurance (6-17-064
Florida"
Exhibit A
File No.: 1054-6172120
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5011312-0893193e
The land referred to herein below is situated in the County of OKALOOSA, State of FL, and is described as follows:
A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA;
BEING A PORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC
RECORDS OF OKALOOSA COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY,
FLORIDA; THENCE PROCEED S88°05'55"E ALONG THE NORTH LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46
FEET; THENCE DEPARTING SAID NORTH LINE PROCEED S01°54'05"W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8
INCH IRON ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED
S88°03'29"E (REFERENCE BEARING) ALONG THE NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A
1/2 INCH IRON ROD (LB# 7191) BEING THE POINT OF BEGINNING; THENCE CONTINUE S88°03'29"E ALONG SAID
NORTH LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2 INCH IRON ROD (LB# 7191); THENCE DEPARTING SAID
NORTH LINE PROCEED S01°56'31"W, FOR A DISTANCE OF 236.58 FEET TO A POINT ON A CURVE MARKED BY A 1/2
INCH IRON ROD (LB# 7191) AND LYING ON THE NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND
UTILITY EASEMENT, SAID CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET;
THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE THROUGH A CENTRAL ANGLE OF
04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD BEARING = S73°45'57"W, CHORD = 24.00 FEET) TO THE POINT OF
REVERSE CURVATURE OF A CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET
BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED NORTH EASEMENT LINE
THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89.26 FEET (CHORD BEARING = S81°42'07"W, CHORD
= 88.78 FEET) TO A 1/2 INCH IRON ROD (LB# 7191); THENCE CONTINUE N88°04'12"W ALONG SAID PROPOSED
NORTH EASEMENT LINE, FOR A DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH
EASEMENT LINE AND THE EAST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WAY BEING MARKED BY A 1/2" IRON
ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH EASEMENT LINE, PROCEED N01°55148"E ALONG SAID
APPARENT EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 259.91 FEET TO THE POINT OF BEGINNING.
Form 50089712 (11-1-21)
Page 3 of 6
ALTA Loan Policy of Title Insurance (6-17-06]
Florida
First American
Schedule BI
File No.: 1054-6172120
Loan Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5011312-0893193e
PART I
EXCEPTIONS FROM COVERAGE
Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the
Company will not pay costs, attorneys' fees, or expenses that arise by reason of:
1. Any rights, interests, or claims of parties in possession of the land not shown by the public records.
2. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the land.
3. Any lien for services, labor, or materials in connection with improvements, repairs or renovations
provided before, on, or after Date of Policy, not shown by the public records.
4. Any dispute as to the boundaries caused by a change in the location of any water body within or
adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at
Date of Policy, or was previously, under water.
5. Taxes or special assessments not shown as liens in the public records or in the records of the local
tax collecting authority, at Date of Policy.
6. Any minerals or mineral rights leased, granted or retained by current or prior owners.
7. Taxes and assessments for the year 2022 and subsequent years, not yet due and payable.
8. Oil, gas and mineral reservation recorded in Book 1172, Page 968 and Mineral Deed recorded in Book
1191, Page 803, without right of entry.
9. Easement granted to Gulf Power Company by instrument recorded in Book 2292, Page 2878.
10. Access Easement recorded in Book 3283, Page 2978.
11. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties
claiming through the lessee(s) under the lease(s).
12. Subject to the terms and condition as contained in that Ingress/Egress/Utility Easement as recorded
in Book 3645, Page 1383
13. Subject to that Utility Easement as recorded in Book 3645, Page 1391
14. Subject to that Drainage Easement as recorded in Book 3645, Page 1399
Form 50089712 (11-1-21)
Page 4 of 6
ALTA Loan Policy of Title Insurance (6-17-06;
Florida.
15. Loss and/or damage occasioned by, including but not limited to: any encroachments as shown on
survey prepared by Seaside Engineering and Surveying, LLC, dated 9/14/22, Job 22-69
Note: All of the recording information contained herein refers to the Public Records of OKALOOSA
County, Florida, unless otherwise indicated. Any reference herein to a Book and Page or Instrument
Number is a reference to the Official Record Books of said county, unless indicated to the contrary.
NOTE: Exception(s) numbered 1-5 above is/are hereby deleted.
Form 50089712 (11-1-21) Page 5 of 6
ALTA Loan Policy of Title Insurance (6-17-06
Florid
First American
Schedule BII
File No.: 1054-6172120
Loan Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5011312-0893193e
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters,
and the Company insures against loss or damage sustained in the event that they are not subordinate to
the lien of the Insured Mortgage:
None
Form 50089712 (11-1-21)
Page 6 of 6
ALTA Loan Policy of Title Insurance (6-17-06)1
Florida
FILE #3582242 RCD: 9/30/2022 3:01 PM, BK: 3645 PG: 1413, RECORDING: S37.50 RECORDING ARTICLE V: $32.00
'DEPUTY CLERK ASECRIST
JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA
This instrument prepared by:
MEAD LAW & TITLE
24 Walter Martin Rd NE, Ste 201
Fort Walton Beach, FL 32548
42705DK
DOCUMENTARY TAX STAMPS AND
INTANGIBLE TAXES ARE EXEMPT
PURSUANT TO RULE 12B-4.054(24),
FLORIDA ADMINISTRATIVE CODE.
MORTGAGE AND SECURITY AGREEMENT
This Mortgage, made this 28th day of September, 2022 between Benjamin F. Anderson, as Tax
Collector for Okaloosa County, a Political Subdivision of the State of Florida ("Mortgagor"), whose
address is 1250 Eglin Pkwy Suite #101, Shalimar, FL 32579, and City of Crestview, Florida, a
municipal corporation ("Mortgagee"), whose address is 198 North Wilson St., Crestview, Florida
32536.
Witnesseth:
MORTGAGEE, is the holder of a promissory note executed by Mortgagor in the original principal
sum of $275.000.00. of even date herewith, in favor of Mortgagee ("Note"),
MORTGAGOR does hereby grant to Mortgagee a mortgage lien on that real property described
in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE to secure the performance by Mortgagor of all covenants and conditions of
the Note, this Mortgage, and all other instruments securing the Note, and all existing or future
notes, loans, guaranties, or other indebtedness owed by Mortgagor, or either or any of them, to
Mortgagee, including all future advances, obligatory or otherwise, notwithstanding that such
indebtedness is secured by other mortgages, and including all expenses or obligations incurred
by Mortgagee pursuant to any existing or future mortgage, loan or security agreement, and in
order to charge the properties, interests and rights hereinafter described with such payment and
performance and for and in consideration of the sum of Ten and no/100 Dollars ($10.00),
Mortgagor does hereby mortgage to Mortgagee and, where applicable, grant a security interest
in the following:
(A) All of the land in the State of Florida, described on Exhibit "A" attached hereto and made a
part hereof, to have and to hold the same, together with each and every tenement, hereditament,
easement, right, power, privilege, immunity and appurtenance thereunto belonging or in anywise
appertaining and the reversion and reversions, remainder and remainders, and also the estate,
right, title, interest, homestead, right of dower, separate estate, property, possession and claim
whatsoever in law as well as in equity of Mortgagor of, in and to the same in every part and parcel
thereof unto Mortgagee in fee simple.
(B) (i) all personal property and fixtures now or hereafter affixed to or located on the property
described in paragraph (A) hereof which is deemed to be fixtures and a part of the real property
under applicable law; (il) all articles of personal property and all materials delivered to the property
described in paragraph (A) hereof for use in any way thereon, and owned by Mortgagor; (iii) all
contract rights, general intangibles, actions and rights in action, including all rights to insurance
0005b, / l LIT FT/ -cam
This instrument prepared by:
MEAD LAW & TITLE
24 Walter Martin Rd NE, Ste 201
Fort Walton Beach, FL 32548
42705 D K
DOCUMENTARY TAX STAMPS AND
INTANGIBLE TAXES ARE EXEMPT
PURSUANT TO RULE 12B-4.054(24),
FLORIDA ADMINISTRATIVE CODE.
MORTGAGE AND SECURITY AGREEMENT
This Mortgage, made this 28th day of September, 2022 between Benjamin F. Anderson, as Tax
Collector for Okaloosa County, a Political Subdivision of the State of Florida ("Mortgagor"), whose
address is 1250 Eglin Pkwy Suite #101, Shalimar, FL 32579, and City of Crestview, Florida, a
municipal corporation ("Mortgagee"), whose address is 198 North Wilson St., Crestview, Florida
32536.
Witnesseth:
MORTGAGEE, is the holder of a promissory note executed by Mortgagor in the original principal
sum of $275,000.00, of even date herewith, in favor of Mortgagee ("Note");
MORTGAGOR does hereby grant to Mortgagee a mortgage lien on that real property described
in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE to secure the performance by Mortgagor of all covenants and conditions of
the Note, this Mortgage, and all other instruments securing the Note, and all existing or future
notes, loans, guaranties, or other indebtedness owed by Mortgagor, or either or any of them, to
Mortgagee, including all future advances, obligatory or otherwise, notwithstanding that such
indebtedness is secured by other mortgages, and including all expenses or obligations incurred
by Mortgagee pursuant to any existing or future mortgage, loan or security agreement, and in
order to charge the properties, interests and rights hereinafter described with such payment and
performance and for and in consideration of the sum of Ten and no/100 Dollars ($10.00),
Mortgagor does hereby mortgage to Mortgagee and, where applicable, grant a security interest
in the following:
(A) All of the land in the State of Florida, described on Exhibit "A" attached hereto and made a
part hereof, to have and to hold the same, together with each and every tenement, hereditament,
easement, right, power, privilege, immunity and appurtenance thereunto belonging or in anywise
appertaining and the reversion and reversions, remainder and remainders, and also the estate,
right, title, interest, homestead, right of dower, separate estate, property, possession and claim
whatsoever in law as well as in equity of Mortgagor of, in and to the same in every part and parcel
thereof unto Mortgagee in fee simple.
(B) (i) all personal property and fixtures now or hereafter affixed to or located on the property
described in paragraph (A) hereof which is deemed to be fixtures and a part of the real property
under applicable law; (ii) all articles of personal property and all materials delivered to the property
described in paragraph (A) hereof for use in any way thereon, and owned by Mortgagor; (iii) all
contract rights, general intangibles, actions and rights in action, including all rights to insurance
Lfc. 7O5 b I /Th L - f r4Tl co
policies and proceeds and all liquor licenses; all equipment including parts, accessories,
attachments, special tools, additions and accessions thereto, and (iv) all proceeds, products,
replacements, additions, substitutions, renewals and accessions of any of the foregoing items.
This Mortgage is a self -operative security agreement with respect to the above described
property, but Mortgagor agrees to execute and deliver on demand such other security
agreements, financing statements and other instruments as Mortgagee may request in order to
perfect its security interest or to impose the lien hereof more specifically upon any of such
property. Mortgagee shall have all the rights and remedies in addition to those specified herein of
a secured party under the Florida Uniform Commercial Code.
(C) All rents, issues, profits, revenue, income, proceeds, and other benefits flowing or derived
from the property described in paragraphs (A) and (B) hereof, provided however, that permission
is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive,
and use such benefits from the property as they become due and payable, but not in advance
thereof.
Everything referred to in paragraphs (A), (B) and (C) hereof and any additional property hereafter
acquired by Mortgagor and subject to the lien of this Mortgage or any part of these properties is
herein referred to as the "Mortgaged Property."
PROVIDED ALWAYS, that if Mortgagor shall pay to Mortgagee the Note at the times and in the
manner stipulated therein, and in all other instruments securing the Note, and faithfully perform
all the covenants and agreements in this Mortgage, the Loan Agreement, and all in other
instruments securing the Note, to be kept performed or observed by Mortgagor, then this
Mortgage shall cease and be void, but shall otherwise remain in full force and effect.
Covenants of Mortgagor
1. Compliance with Note and Mortgage; Warranty of Title. Mortgagor shall comply with all
provisions hereof, of the Note, the Loan Agreement (if applicable) and of every other instrument
securing the Note, and will promptly pay to Mortgagee the principal with interest thereon and all
other sums required to be paid by Mortgagor under the Note, the Loan Agreement, this Mortgage
and all other instruments securing the Note. Mortgagor is indefeasibly seized of the Mortgaged
Property in fee simple and Mortgagor has lawful authority to convey, mortgage and encumber the
same as provided by this Mortgage, and does hereby so warrant.
2. Payment of Taxes and Liens. Mortgagor shall pay all taxes, assessments, liens, levies,
liabilities, obligations and encumbrances of every nature and kind whether now or hereafter
imposed, levied or assessed on the Mortgaged Property, this Mortgage or the indebtedness
secured hereby. All such payments shall be made when due and payable before they become
delinquent and before any interest attaches or any penalty is incurred. Insofar as any such lien or
encumbrance is of record the same shall be promptly satisfied or released and evidence of such
satisfaction or release shall be given to Mortgagee. Mortgagee may at its option require Mortgagor
to deposit with Mortgagee on the first day of each month, in addition to making payments of
principal and interest, until the Note is fully paid, an amount equal to one -twelfth (1112) of the
annual taxes and assessments payable with respect to the Mortgaged Property. Such deposits
shall not be, nor be deemed to be, trust funds, but may be commingled with the general funds of
Mortgagee, and no interest shall be payable in respect thereof. Upon demand by Mortgagee,
Mortgagor shall deliver to Mortgagee such additional monies as are necessary to make up any
deficiencies in the amounts necessary to enable Mortgagee to pay such taxes and assessments
when due. In the event of default under any of the terms, covenants and conditions in the Note,
2
the Loan Agreement, this Mortgage or any other instrument securing the Note to be performed or
observed by Mortgagor, Mortgagee may apply to the reduction of the sums secured hereby, in
such manner as Mortgagee shall determine, any amount under this paragraph remaining to
Mortgagor's credit.
3. Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the
Mortgaged Property and all parts of the Mortgaged Property insured as may be required from time
to time by Mortgagee against all perils as may be required by Mortgagee, and to pay promptly,
when due, all premiums for such insurance. All such insurance shall be carried with companies
approved by Mortgagee and the policy and renewals thereof shall be held by Mortgagee and have
attached thereto loss payable clauses in favor and in form acceptable to Mortgagee. In event of
loss, Mortgagor shall give immediate notice by mail to Mortgagee and Mortgagee may make proof
of Toss if not made promptly by Mortgagor, and each insurance company concerned is hereby
authorized and directed to make payments for such loss directly to Mortgagee instead of to
Mortgagor or to Mortgagor and Mortgagee jointly and the insurance proceeds or any part thereof
may be applied by Mortgagee at its option, after deducting therefrom all its expenses including
attorney's fees, either to reduction of the indebtedness hereby secured or to the restoration or
repair of the property damaged. Mortgagee is hereby authorized, at its option, to settle and
compromise any claims, awards, damages, rights of action and proceeds, and any other payment
or relief under any insurance policy. In the event of foreclosure of this Mortgage or other transfer
of title to the Mortgaged Property in extinguishment of the indebtedness secured hereby, all right,
title, and interest of Mortgagor in and to any insurance policies then in force shall pass to the
purchaser or grantee. Mortgagee may at its option require Mortgagor to deposit with Mortgagee
on the first day of each month, in addition to making payments of principal and interest, until the
Note is fully paid, an amount equal to one -twelfth (1/12) of the annual premiums for all insurance.
Such deposits shall not be, nor be deemed to be, trust funds, but may be commingled with the
general funds of Mortgagee, and no interest shall be payable in respect thereof. Upon demand
by Mortgagee, Mortgagor shall deliver to Mortgagee such additional monies as are necessary to
make up any deficiencies in the amounts necessary to enable Mortgagee to pay such premiums
when due. In the event of default under any of the terms, covenants and conditions in the Note,
the Loan Agreement, this Mortgage or any other instrument securing the Note to be kept,
performed or observed by Mortgagor, Mortgagee may apply to the reduction of the sums secured
hereby in such manner as Mortgagee shall determine, any amount under this paragraph
remaining to Mortgagor's credit and any return premium received from cancellation of any
insurance policy by Mortgagee upon foreclosure of this Mortgage.
4. Condemnation. If all of any part of the Mortgaged Property shall be damaged or taken
through condemnation (which term when used herein shall include any damage or taking by any
governmental authority or any other authority authorized by the Laws of the State of Florida or
the United States of America to so damage or take, any transfer by private sale in lieu thereof),
either temporarily or permanently, then the entire indebtedness and other sums secured hereby
shall at the option of Mortgagee, become immediately due and payable. Mortgagee shall, be
entitled to all compensation awards, damages, claims, rights of actions and proceeds of, or on
account of any such damage or taking through condemnation and is hereby authorized, at its
option, to commence, appear in and prosecute, in its own or Mortgagor's name, any action or
proceeding relating to any condemnation, and to settle or compromise any claim in connection
therewith. All such compensation awards, damages, claims, rights of actions and proceeds, and
any other payments or relief, and the right thereto, are hereby assigned by Mortgagor to
Mortgagee, who, after deducting therefrom all its expenses including attorney's fees may release
any monies so received by it without affecting the lien of this Mortgage or may apply the same, in
such manner as Mortgagee shall determine, to the reduction of the sums secured hereby and to
3
any prepayment charge provided in the Note, the Loan Agreement, this Mortgage or any other
instruments securing the Note. Any balance of such monies then remaining shall be paid to
Mortgagor. Mortgagor agrees to execute such further assignments of any compensations,
awards, damages, claims, rights of action and proceeds as Mortgagee may require.
5. Care of Mortgaged Property. Mortgagor shall not remove or demolish any building or other
property forming a part of the Mortgaged Property without the written consent of Mortgagee, or
permit, commit, or suffer any waste, impairment or deterioration of the Mortgaged Property or any
part thereof, and shall keep the same and the improvements thereon in good condition and repair.
Mortgagor shall notify Mortgagee in writing within five (5) days of any injury, damage, or
impairment of or occurring on the Mortgaged Property including, but not limited to, serious injury
or loss by death or otherwise occurring on the Mortgaged Property. Mortgagee may, at
Mortgagee's discretion, have the Mortgaged Property inspected at the time and Mortgagor shall
pay all costs incurred by Mortgagee in executing such inspection.
6. Mortgagee's Right to Make Certain Payments. In the event Mortgagor fails to pay and/or
discharge the taxes, assessments, liens, levies, liabilities, obligations and encumbrances, or fails
to keep the Mortgaged Property insured or to deliver the policies, premiums paid, or fails to repair
the Mortgaged Property as herein agreed, Mortgagee is hereby authorized at its election to pay
and/or discharge the taxes, assessments, liens, levies, liabilities, obligations and encumbrances
or any part thereof, to procure and pay for such insurance or to make and pay for such repairs,
without any obligation on its part to determine the validity and/or necessity thereof, and without
Mortgagee waiving or affecting any option, lien, equity or right under or by virtue of this Mortgage.
The full amount of each and every such payment made by Mortgagee shall be immediately due
and payable by Mortgagor and shall bear interest from the date thereof until paid at the Default
Rate, as hereinafter defined, and together with such interest, shall be secured by the lien of this
Mortgage. Nothing herein contained shall be construed as requiring Mortgagee to advance or
expend monies for any of the purposes mentioned in this paragraph.
7. Payment of Expenses. Mortgagor shall pay all the costs, charges and expenses, including
reasonable attorney's fees, whether incurred at the trial or appellate level, disbursements and
costs of abstracts of title, incurred or paid at any time by Mortgagee because and/or in the event
of the failure on the part of Mortgagor promptly and fully to perform, comply with and abide by
each and every stipulation, agreement, condition and covenant of the Note, the Loan Agreement,
this Mortgage and any other instrument securing the Note. Such costs, charges and expenses,
shall be immediately due and payable, without notice, demand, attempt to collect or suit pending.
The full amount of each and every such payment shall bear interest from the date thereof until
paid at the Default Rate, as hereinafter defined. All such costs, charges and expenses so incurred
or paid, together with such interest, shall be secured by the lien of this Mortgage.
8. No Transfer. It is understood and agreed by Mortgagor that as part of the inducement to
Mortgagee to make the loan evidenced by the Note, Mortgagee has considered and relied on the
credit worthiness and reliability of Mortgagor. Mortgagor covenant and agrees not to sell, convey,
transfer, lease or further encumber any interest in or any part of the Mortgaged Property without
the prior written consent of Mortgagee, and any such sale, conveyance, transfer, lease or
encumbrance made without Mortgagee's prior written consent shall be void and a default herein.
If any person should obtain an interest in all or any part of the Mortgaged Property pursuant to
the execution or enforcement of any lien, security interest or other right, whether superior, equal
or subordinate to this Mortgage or the lien hereof, such event shall be deemed to be a transfer by
Mortgagor and a default hereunder
4
9. After Acquired Property. The lien of this mortgage will automatically attach, without further
act, to all after acquired property located in or on, or attached to, or used or intended to be used
in connection with or with the operation of the Mortgaged Property.
10. Additional Documents. At any time and from time to time, upon Mortgagee's request,
Mortgagor shall make, execute and deliver or cause to be made, executed and delivered to the
Mortgagee and, where appropriate, shall cause to be recorded or filed and from time to time
thereafter to be re -recorded or re -filed at such time and in such offices and places as shall be
deemed desirable by Mortgagee any and all such further mortgages, instruments of further
assurance, certificates and other documents as Mortgagee may consider necessary or desirable
in order to effectuate, complete, enlarge or perfect, or to continue and preserve the obligations of
Mortgagor under the Note and this Mortgage, and the lien of this Mortgage, as a first and prior
lien upon all of the Mortgaged Property, whether now owned or hereafter acquired by Mortgagor.
Upon any failure by Mortgagor to do so, Mortgagee may make, execute, record, file, re-record or
refile any and all such mortgages, instruments, certificates and documents for and in the name of
Mortgagor, and Mortgagor hereby irrevocably appoints Mortgagee agent and attorney -in -fact of
Mortgagor to do so.
II. Events of Default
Any one of the following shall constitute an event of default:
11. (a) Failure by Mortgagor to pay, as and when due and payable, any installments of principal
or interest due under the Note, or any deposits for taxes and assessments or insurance premiums
due hereunder, or any other sums to be paid by Mortgagor hereunder, or under the Loan
Agreement or any other instrument securing the Note.
(b) Failure by Mortgagor to duly keep, perform and observe any covenant, condition or
agreement in the Note, the Loan Agreement, this Mortgage, or any other instrument securing the
Note.
(c) If either Mortgagor or any guarantor or endorser of the Note: (i) files a voluntary petition in
bankruptcy, or (ii) is adjudicated as a bankrupt or insolvent, or (iii) files any petition or answer
seeking or acquiescing in any reorganization, management, composition, readjustment,
liquidation, dissolution or similar relief for itself under any law relating to bankruptcy, insolvency
or other relief for debtors, or (iv) seeks, consents to or acquiesces in the appointment of any
trustee, receiver, master or liquidator of itself or of all or any part of the Mortgaged Property, or
(v) makes any general assignment for the benefit of creditors, or (vi) makes any admissions in
writing of its inability to pay its debts generally as they become due; or (vii) a court of competent
jurisdiction enters an order, judgment or decree approving a petition filed against it seeking any
reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief
under any present or future federal, state, or other statute, law or regulation relating to bankruptcy,
insolvency or other relief for debtors, which order, judgment or decree remains unvacated and
unstayed for an aggregate of sixty (60) days whether or not consecutive from the date of entry
thereof; or (viii) any trustee, receiver or liquidator of it or of any part of the Mortgaged Property is
appointed without the prior written consent of Mortgagee, which appointment shall remain
unvacated and unstayed for an aggregate of sixty (60) days whether or not consecutive.
(d) Any breach of warranty or material untruth of any representation of Mortgagor contained in
the Note, the Loan Agreement, this Mortgage or any other instrument securing the Note.
(e) An event of default under any existing or future notes, loans, advances, guaranties, or other
indebtedness owed to the Mortgagee by the Mortgagor, or any or either of them, or under any
instrument securing such indebtedness.
5
III. Remedies of Mortgagee
12. Acceleration. If an event of default shall have occurred, Mortgagee may declare the
outstanding principal amount of the Note and the interest accrued thereon, and all other sums
secured hereby, to be due and payable immediately, and upon such declaration such principal
and interest and other sums shall immediately become due and payable without demand, notice
or presentment for payment, unless otherwise provided in the Loan Agreement.
13. Other Remedies. If an event of default shall have occurred, Mortgagee may proceed by suit
or suits at law or in equity or by any other appropriate proceeding or remedy: (a) to enforce
payment of the Note or the performance of any term hereof or any other right; (b) to foreclose this
Mortgage and to sell, as an entirety or in separate Tots or parcels, the Mortgaged Property under
the judgment or decree of a court or courts of competent jurisdiction; (c) to collect all rents, issues,
profits, revenues, income, proceeds or other benefits from the Mortgaged Property; (d) to seek
appointment of a receiver to enter upon and take possession of the Mortgaged Property and to
collect all rents, issues, profits, revenues, income or other benefits thereof and apply the same as
the Court may direct and such receiver shall have all rights and powers permitted under law; and
(e) to pursue any other remedy available to it, including, but not limited to taking possession of
the Mortgaged Property without notice or hearing to Mortgagor. Mortgagee shall take action either
by such proceedings or by the exercise of its power with respect to entry or taking possession, or
both as Mortgagee may determine.
14. No Waiver. No delay or omission of Mortgagee or of any holder of the Note and Mortgage
to exercise any right, power or remedy accruing upon any event of default shall exhaust or impair
any such right, power or remedy or be construed as a waiver of any such event of default or
constitute acquiescence therein.
15. Non -Exclusive Remedies. No right, power or remedy conferred upon or reserved to
Mortgagee by the Note, the Loan Agreement, this Mortgage or any other instrument securing the
Note is exclusive of any other right, power or remedy, but each and every such right, power and
remedy shall be cumulative and concurrent and shall be in addition to any other right, power or
remedy given hereunder or under the Note, the Loan Agreement, or any other instrument securing
the Note, or now or hereafter existing at law, in equity or by statute.
IV. Miscellaneous
16. Successors and Assigns Bound. Whenever one of the parties hereto is named or referred
to herein, the heirs, personal representatives, successors and assigns of such party shall be
included and all covenants and agreements contained in this Mortgage, by or on behalf of
Mortgagor or Mortgagee, shall bind and inure to the benefit of their respective heirs, personal
representatives, successors and assigns.
17. Invalid or Unenforceable. In the event that any of the covenants, agreements, terms or
provisions contained in the Note, this Mortgage or any other instrument securing the Note shall
be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants,
agreement, terms or provisions contained herein and in the Note and any other instrument
securing the Note shall be in no way affected, prejudiced or disturbed thereby.
6
18. Future Advances. This Mortgage is given to secure not only existing indebtedness, but also
such future advances, whether such advances are obligatory or are to be made at the option of
Mortgagee, or otherwise, as are made within twenty years from the date hereof, to the same
extent as if such future advances are made on the date of the execution of this Mortgage. The
total amount of indebtedness that may be so secured may decrease or increase from time to time,
but the total unpaid balance so secured at one time shall not exceed four times the face amount
of the Note plus interest thereon, and any disbursements made for the payment of taxes, levies
or insurance on the Mortgaged Property, with interest on such disbursements at the Default Rate
as hereinafter defined.
19. Obligation of Mortgagor. Mortgagor shall pay the cost of releasing or satisfying this
Mortgage of record.
20. Default Rate. The Default Rate shall be interest at the maximum rate permitted by applicable
law, whether now or hereafter in effect.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year above
first written.
Signed, sealed and delivered in the
presence
TAMRA L. COKONOUGHER
Pr • itn- s Name
John S. Mead
Print Witness Name
STATE OF FLORIDA
COUNTY OF OKALOOSA
'flqdiA, WW1 4e A4iASO/y\
Benjan!1,in F. Anderson, as Tax Collector for
Okaloosa County, a Political Subdivision
of the State of Florida
The foregoing instrument was acknowledged before me this O$U., day of September, 2022
by means of physical presence by Benjamin F. Ander on, as Tax Collector for Okaloosa County,
a Political Subdivision of the State of Florida, who (s personally known to me OR ( ) produced
as identification.
fr.,,l'Aff? PUBLIC
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Notary P bli Mead of Florida
Johe MyHl4 59767i0R
Exp.1 0I20/2025
EXHIBIT "A"
(Legal Description)
A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23
WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'S5"E ALONG THE NORTH
LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID
NORTH LINE PROCEED S01°54'05"W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON
ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; THENCE PROCEED S88°03'29"E (REFERENCE BEARING) ALONG THE
NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD
(LB# 7191) BEING THE POINT OF BEGINNING; THENCE CONTINUE S88°03'29"E ALONG SAID
NORTH LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2 INCH IRON ROD (LB# 7191); THENCE
DEPARTING SAID NORTH LINE PROCEED S01 °56'31 "W, FOR A DISTANCE OF 236.58 FEET TO
A POINT ON A CURVE MARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND LYING ON THE
NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND UTILITY EASEMENT, SAID
CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET;
THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE
THROUGH A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD
BEARING = S73°45'57"W, CHORD = 24.00 FEET) TO THE POINT OF REVERSE CURVATURE OF
A CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET
BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED
NORTH EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF
89.26 FEET (CHORD BEARING = S81°42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON ROD
(LB# 7191); THENCE CONTINUE N88°04'12"W ALONG SAID PROPOSED NORTH EASEMENT
LINE, FOR A DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH
EASEMENT LINE AND THE EAST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WAY BEING
MARKED BY A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH
EASEMENT LINE, PROCEED N01°55'48"E ALONG SAID APPARENT EAST RIGHT OF WAY
LINE, FOR A DISTANCE OF 259.91 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET),
MORE OR LESS.
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