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Home My Public Portal AboutStormwater Retention and Grant of Easement - Sale of 2.93 to Okaloosa Co Tax CollectorTHIS INSTRUMENT PREPARED BY: MEAD LAW & TITLE, PLLC 24 WALTER MARTIN RD NE, STE 201 FORT WALTON BEACH, FL 32548 42705DK STORMWATER RETENTION AGREEMENT AND GRANT OF DRAINAGE EASEMENT THIS Stormwater Retention Agreement and Grant of Drainage Easement is made and entered in to by and between the City of Crestview, Florida, a municipal corporation, hereinafter referred to as "City of Crestview", the recipient and beneficiary of this Grant of Easement is Benjamin F. Anderson as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida, hereinafter referred to "Tax Collector". RECITALS: Simultaneously with the execution of this Agreement, the Tax Collector is purchasing from the City of Crestview that tract of land consisting of approximately 2.53 acres known as the "Subject Parcel" and more fully described on the attached as Exhibit "A". The Tax Collector intends to construct, in the future, a building facility of some nature upon said Exhibit "A", Subject Parcel, for the use and benefit of the Tax Collector, its successors and/or assigns. Incidental to the construction of such improvements upon the Subject Parcel, there will be the need to dispose of rainwater, which would normally be stored and retained on site of the Subject Parcel. In consideration of the purchase of the Subject Parcel by the Tax Collector from the City of Crestview, the City of Crestview has agreed to retain all of the water that may be generated from the Subject Parcel and provide for stormwater retention off site and away from the Subject Parcel at locations to be determined and chosen by the City of Crestview. The City of Crestview shall cause all water that is retained from the Subject Parcel to be retained by the City of Crestview off site at a location either to the South or East of the Subject Parcel. In exchange for this, the Tax Collector has agreed to grant to the City of Crestview a drainage easement over a portion of the Subject Parcel for the use of a subterranean drainage pipe, which may be used by the City of Crestview in conjunction with the removal of surface water from the Subject Parcel and away from the Subject Parcel to a drain field to be decided and created by the City of Crestview. The drainage Easement to be granted by the Tax Collector to the City of Crestview is more fully described on the attached Exhibit "B" and consists of approximately .05 acres. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and the exchange of good and valuable consideration by one party unto the other, the receipt and sufficiency of which is herein acknowledged, the parties do hereby agree as follows. 1. Incorporation of Recitals. The recitals set forth above are hereby incorporated by reference into this Agreement and shall be deemed to be binding upon the parties. 2. Grant of Non -Exclusive Easement. Tax Collector does hereby grant a drainage easement unto the City of Crestview over and upon that parcel of land more fully described on the attached Exhibit "B", herein referred to as the "Drainage Easement Area", consisting of approximately .05 acres, said grant of easement shall be non- exclusive and shall be perpetual and shall be for the benefit of the City of Crestview's real property lying to the East and South of the Subject Parcel described on Exhibit «A„ 3. The grant of easement created herein shall be for the use of the City of Crestview to install, maintain and replace drainage facilities to allow surface water to be transported and removed from the Subject Parcel, and other waters that may be required by the City of Crestview to be transmitted to a retention area. 4. In exchange for this Grant of Easement, the City of Crestview agrees that it shall be its obligation to provide for and maintain off site water retention for any and all surface water that may be generated by the Subject Parcel, the Subject Parcel being Exhibit "A", that property being purchased simultaneously by the Tax Collector and consisting of approximately 2.53 acres. This perpetual obligation to retain the water from the Subject Property shall come at no additional cost to the Tax Collector, it successors and/or assigns, as the consideration is given simultaneously herewith. 5. Authority. The parties represent and warrant to the other that it is not, by law or by agreement with others, prohibited from entering in to this agreement, that each party has obtained any approvals or consents in advance of executing this agreement, and that the persons executing this agreement on behalf of each party are authorized to execute the same. 6. Entire Agreement. 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 writings. 7. No Partnership or Joint Venture. None of the terms or provisions of this agreement shall be deemed to create a partnership between the parties in their respective operations or obligations, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. 8. Governing Law. The terms and conditions of this agreement shall be governed by and construed in the Laws of the State of Florida. The parties agree that the exclusive venue and jurisdiction for any litigation shall be solely in Okaloosa County, Florida. In the event of any litigation the prevailing party shall be entitled to recover a reasonable attorney fee. 9. Executions and Counterparts. This agreement may be executed and delivered in any number of counterparts, all of which so constituted and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have hereunto executed this Stormwater Retention Agreement and Grant of Drainage Easement and shall be deemed effective upon recording in the Public Records of Okaloosa County, Florida. City of Crestview, Florida, a municipal corporation YAMRAL.COKONOUGHER BY Tim Bolduc As City Manager Print Witness Name STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this day of September, 2022, by Tim Bolduc as the City Manager of the City of Crestview, Florida, a municipal corporation, who is personally known to me -has —produced ide tirfteatiozr- IN WITNESS WHEREOF I have hereunto set my hand • o is •tl seal. . 0 n Notary Public State of Florida 4� John S Mead i MyWCommission t msison 44. °p" EXP•i0120f2025 as Print Witness Name TAMRA L. COKONOUGHER MAY\ Li+SDn Benjami F. Anderson, as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida STATE OF FLORIDA, COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this l .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 of v as-pred ed as.aerrtt ie ation. IN WITNESS WHEREOF I have hereunto set my hand _ icial seal. o ary Public osr"Rt Notary Aubile State of Florid `t John S Mead My Commission HH 159767 ?0f w Exp.10/20/2025 1a EXHIBIT "A" 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 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 °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" UTILITY EASEMENT (AS SURVEYED) A PA RCEL OF L AND SITUATED IN SECTIO N 4, TOWNSHIP 3 NORTH, R ANGE 23 WEST, OK ALOOSA COUNT Y, FLORI DA; BEIN G A PORTION OF T HE PROPE RT Y DESC RIBED IN OFFICIAL RECORDS BOOK 3283, P AGE 2957 OF THE PUBLIC RECOR DS OF OK ALOOSA COUNTY, FLORIDA; AND BEI NG MORE PARTIC UL ARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST C ORNER OF SECTI ON 4, TOW NS HIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; T HENCE PROCEED S88 °05'55"E ALONG TH E NORTH LINE OF SAID SECTION 4, FOR A DIST ANCE OF 1150 .46 FEET; TH ENCE DEPAR TING SAID NORTH LINE PROCEED S01 °54'05 "W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) M ARKIN G THE NO RT HWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOO K 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORID A; T HENCE PROCEED S88° 03'29"E (REFERENCE BEARING) ALON G THE NORTH LI NE OF SAID PARCEL, FORA DISTANCE OF 30.00 FEET TO A 1/2 INC H IRON ROD (LB# 7191) BEI NG TH E POINT OF BEGINN ING ; THEN CE CONTINUE S88 °03'29 "E ALON G SAI D NO RTH LIN E, FORA DISTA NCE OF 426. 97 FEET TO A 1/2 INCH I RON RO D (LB# 7191); THENCE DEPARTING SAID NORTH LINE PR OCEED S01 °56'31 "W, FO R A DIST ANCE OF 20 .00 FEET; THENCE PR OCEED N88°03'29"W, FOR A D ISTANCE OF 426 .96 FEET THE E AST LIN E OF AN A PPARENT 60.00 FOOT RIGH T OF WAY , THENCE PROCEED N01 °55'48"E ALONG SAID A PPARENT EAST R IGHT OF WAY LINE, FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNIN G. THE A BOVE DESCRIBED PAR CEL OF LAN D CON TAINS 0. 20 A CRES (8,539 SQUA RE FEET), MORE OR LESS.