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Home My Public Portal AboutIngress Egress and Utility EasementTHIS INSTRUMENT PREPARED BY: MEAD LAW & TITLE, PLLC 24 WALTER MARTIN RD NE, STE 201 FORT WALTON BEACH, FL 32548 42705DK INGRESS, EGRESS AND UTILITY EASEMENT THIS Grant of 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 the Benjamin F. Anderson as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida, hereinafter referred to "Tax Collector". RECITALS: The Tax Collector simultaneously with the execution and recording of this Grant of Easement will be purchasing certain real property from City of Crestview consisting of approximately 2.53 acres, the legal description of which is attached hereto as Exhibit "A" and referred to herein as the "Benefited Parcel". As a condition to the purchase by the Tax Collector from the City of Crestview of the Benefited Parcel (Exhibit "A"), the City of Crestview has agreed to grant to the Tax Collector an easement over real property described on the attached Exhibit "B", consisting of approximately 1.04 acres together with unnamed road and unnamed drive as Depicted on the attached Exhibit "C" and herein referred to as the "Basement Area". The Easement Area 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 Benefited Parcel (Tax Collector, its successors and/or assigns) for the purpose of vehicular and 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, communication, gas and other utilities. The easement may be used for the purpose of overhead distribution or underground installation, together with the repair, replacement and maintenance of all such utilities and roadways. NOW, THEREFORE, 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 grant, bargain and convey unto the Tax Collector a perpetual but non-exclusive easement as follows. 1. Incorporation of Recitals. The recitals set forth above are hereby incorporated into this Agreement as if fully set forth herein. 2. Grant of Easement. City of Crestview does hereby grant, bargain and convey unto the Tax Collector, its successors and/or assigns, a non-exclusive but perpetual ingress and egress and utility easement over and upon and under that real property described in the attached Exhibit "B" previously referred to as the Easement Area, and more fully described on the attached Exhibit "B". The utility easement area may be used for the installation of all types of utilities, ie: water, sewer, electricity, communication, gas and other utilities. The easement may be used for the purpose of overhead distribution or underground installation, together with the repair, replacement and maintenance of all such utilities and roadways. 3. The real property which shall be benefited by this Grant of Easement is referred to as the "Subject Parcel" and is described on the attached Exhibit "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 accordingly a hereditament which shall continue to benefit the Benefited Parcel, which Grant of Easement shall run with the land, and accordingly shall benefit the successors and/or assigns to the subject Benefited Parcel. 6. 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. 7. 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. 8. 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. 9. 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 2 event of any litigation the prevailing party shall be entitled to recover a reasonable attorney fee. 10. Executions and Counterparts. This agreement may be 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 constitute one and the same instrument. IN WITNESS WHEREOF, the parties have hereunto executed this Grant of Easement and shall deeded effective upon recording in the Public Records of Okaloosa County, Florida. City of Crestview, Florida, a municipal corporation Witne. TAMRAL.COKONOUGHER Print ness John S. Mead Print Witness Name STATE OF FLORIDA COUNTY OF OKALOOSA Tim Bolduc As City Manager The foregoing instrument was acknowledged before me by means of physical presence 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 or —who lras- Gdiced as-i ed�tn i" i" c ion. IN WITNESS WHEREOF I have hereunto set my hand and official seal. Notary Public State of Florida ` John S Mead 4 My Commission HH 159787 EXp.10/20/2025 3 Witness TAMRA L. COKONOUGHER Print Witness Name STATE OF FLORIDA COUNTY OF OKALOOSA SAN„wLrv-N b\/ US9N1, Benja F. Anderson as Tax Collector for Okaloosa County, a Political Subdivision 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 personally known to me or who has produced as -identification. IN WITNESS WHEREOF I have hereunto set my hand and official seal. 1 004, Notary Public State of Florida I John S Mead 1 � ,• My Commission �i HH 159767 1 °F}` Exp.10120/2025 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 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 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 501°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 = 573°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 S88°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. 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