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HomeMy Public PortalAboutSubterranean Stormwater Drainage Agreement SPIRE Hotel Group LLCOKALOOSA COUNTY, FLORIDA This instrument was prepared by: Seaside Engineering and Surveying, LLC. 6575 Highway 189 N. Baker, Florida 32531 (850) 650-9563 and should be returned to: Okaloosa County Engineering Department 1759 South Ferdon Boulevard Crestview, Florida 32536 Inst. #3647129 Bk: 3699P 12:13 PM g: 3593 Page 1 of 4 Recorded: RECORDING ARTICLE V. $16.00 RECORDING: $19.50 D Doc Strap: $0.70 DEPUTY CLERK qkeel oJD PEACOCK CLERK OF KALOOSACOIUNTY, FLORIDA COURTS, SUBTERRANEAN STORMWATER DRAINAGE EASEMENT THIS GRANT OF SUBTERRANEAN STORMWATER DRAINAGE EASEMENT is made this 2q day of , 2023 by and between SPIRE HOTEL GROUP, LLC., a Florida company, whose ad ss is 112 John King Road, Crestview, FL 32539 (the "Grantor") and the City of Crestview, Florida (the "Grantee"): WITNESSETH that the Grantor, in consideration of the sum of one dollar and no cents ($1.00) and other good and valuable consideration in hand paid, by said Grantee to the Grantor, the receipt of which is hereby acknowledged, has granted and conveyed unto said Grantee its successors and assigns , a non-exclusive easement for stormwater drainage purposes across those lands situated in Okaloosa County, Florida more particularly described on Exhibit "A", attached hereto and incorporated herein by reference. The non-exclusive drainage easement shall be for the purpose of constructing, operating, maintaining, upgrading, improving and or maintaining stormwater drainage, and the right to ingress and egress to same. Grantee shall have the right to repair, replace and maintain the Subterranean (non -surface) Stormwater Drainage Easement system as may be necessary from time to time but will restore the surface area to its original condition at the Grantee's expense. Grantor, its successors and assigns, hereby reserve the right to relocate this drainage easement to another parcel of real property owned by Grantor or its successors or assigns. In the event Grantor, its successors or assigns, exercises its right to relocate such drainage easement, Grantor and Grantee shall execute an Amendment to this easement, which Amendment shall be recorded in the Public Records of Okaloosa County, Florida. The recording of such Amendment to this easement shall extinguish the easement over the property described in Exhibit "A" and the property interests will revert to Grantor, its successors and assigns. TO HAVE AND TO HOLD the same together with all tenements, hereditaments and appurtenances, thereto belonging or anywise appertaining, unto the said Grantee, and its successors and assigns only for the period of time until the parties replace the stormwater drainage easement Page 1 of 4 area described herein with another parcel of real property for such stormwater drainage purposes as described herein. The Grantor covenants to the Grantee that is lawfully seized of said land and that it has good, right, and lawful authority to grant this easement. Grantor will defend the title to said lands against all persons claiming by, through or under the Grantor. IN WITNESS WHEREOF the Grantor has hereunto set its hand and seal this 3, day of Z, ?. 1 , 2023. Signed, sealed and delivered in the presence of: Sign: Print: 'O$1-fJA DotV(oft•i% f n:- Print: Page 2 of 4 SPIRE HOTEL GROUP, LLC., a Florida Company By: Danny R. Pa ref, Manager ACKNOWLEDGED AND ACCEPTED: CITY OF CRESTVIEW, FLORIDA STATE OF FLORIDA ) COUNTY OF b Ka lap .50 - The foregoing instrument was acknowledged before me by means of [?c] physical presence or [ ] online presence this - `f day of t-l-c.u c -f , 2023, by Danny R. Patel, in his capacity as Manager of SPIRE HOTEL GROUP, LLC., a Florida company on behalf of the Company who [ ] is personally known to me or [k ] who produced (0 y-1 ul,ct , Jty -5 Li Czyis.r� who did not take an oath. NOTARY PUBLIC STATE OF FLORIDA ) COUNTY OF OKALOOSA) as identification and .41‘7.;:k TRACY L WILSON •o .*: MY COMMISSION # NH 135808 iV EXPIRES: September 28, 2025 Bonded Thni Notary Public Underwriters The foregoing instrume t was acknowledged before me by means of ICJ physical presence or [ ] online presence this l ay of E r, 2023, by J. B. Whitten, in his capacity as Mayor of the City of Crestview, Florida on ehalf of the City who is personally known to me or [ ] who produced who did not take an oath. .c\O"\I NOTARY PUBLIC Page 3 of 4 as identification and M.�rrs „ 3 MARYANNE SCHRADER ra Notary Public - State of Florida Commission k GG 986513 1 ',oF.... My Comm. Expires May 11, 2024 1 Bonded through National Notary Assn. EXHIBIT A Stormwater Drainage Easement LEGAL DESCRIPTION: DRAINAGE EASEMENT #1 A PARCEL OF LAND SITUATED IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A ONE INCH IRON PIPE (NO IDENTIFICATION) MARKING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S87°57'41"E (REFERENCE BEARING) ALONG THE SOUTH LINE OF SAID SECTION 29, FOR A DISTANCE OF 877.93 FEET TO A 1/2 INCH IRON ROD (LB. # 2711); THENCE DEPARTING SAID SOUTH LINE PROCEED S12°48'36"E FOR A DISTANCE OF 98.16 FEET TO A % INCH IRON ROD (NO IDENTIFICATION) LYING ON THE NORTH RIGHT-OF-WAY LINE OF JOHN KING ROAD (PUBLIC RIGHT-OF- WAY, WIDTH VARIES); THENCE PROCEED N61°15'32"E ALONG SAID RIGHT-OF-WAY FOR A DISTANCE OF 185.40 FEET TO A 1/2 INCH IRON ROD (LB. # 7191); THENCE CONTINUE ALONG SAID RIGHT-OF-WAY N62°20'26"E FOR A DISTANCE OF 53.43 FEET TO A 1/2 INCH IRON ROD (LB. # 7191); THENCE DEPARTING SAID RIGHT -OF WAY LINE PROCEED N27°37'53"W FOR A DISTANCE OF 4.10 FEET TO A % INCH IRON ROD (LB. # 7191); THENCE PROCEED ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 124.89 FEET THROUGH A CENTRAL ANGLE OF 26°44'38" FOR A DISTANCE OF 58.29 FEET (CHORD BEARING = N40°58'45"W, CHORD = 57.77 FEET) TO A 1/2 INCH IRON ROD (LB. #7191) MARKING THE POINT OF TANGENCY; THENCE PROCEED N54°21'04"W FOR A DISTANCE OF 52.93 FEET TO A 1/2 INCH IRON ROD (LB. #7191); THENCE PROCEED ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75.00 FEET THROUGH A CENTRAL ANGLE OF 56°35'12" FOR A DISTANCE OF 74.07 FEET (CHORD BEARING = N26°03'29"W, CHORD = 71.10 FEET) TO A 1/2 INCH IRON ROD (LB. #7191) MARKING THE POINT OF TANGENCY; THENCE PROCEED NO2°14'07"W FOR A DISTANCE OF 275.76 FEET TO A'/: INCH IRON ROD (LB. # 7191); THENCE PROCEED ALONG A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 89°59'58" FOR A DISTANCE OF 39.27 FEET (CHORD BEARING = N47°14'06"E, CHORD = 35.36 FEET) TO A 1/2 INCH IRON ROD (LB. #7191) MARKING THE POINT OF TANGENCY AND LYING ON THE SOUTH EASEMENT OF SOUTHCREST DRIVE; PROCEED 587°45'55"E FOR A DISTANCE OF 129.02 FEET TO A NAIL AND DISC (LB. # 7191); THENCE DEPARTING SAID EASEMENT PROCEED NO2°11'00"E FOR A DISTANCE OF 50.06 FEET TO A % INCH IRON ROD (LB. # 7191) LYING ON THE NORTH EASEMENT OF SOUTHCREST DRIVE AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH EASEMENT, N87°45'55"W, FOR A DISTANCE OF 159.10 FEET TO A % INCH IRON ROD (LB. # 7191); THENCE DEPARTING SAID NORTH EASEMENT, PROCEED NO2°14'05"E, FOR A DISTANCE OF 20.00 FEET; THENCE PROCEED S87°47'17"E, FOR A DISTANCE OF 232.92 FEET; THENCE PROCEED NO2°11'59"E, FOR A DISTANCE OF 114.32 FEET; THENCE PROCEED S87°48'01"E, FOR A DISTANCE OF 20.00 FEET; THENCE PROCEED S02°11'59"W, FOR A DISTANCE OF 134.31 FEET; THENCE PROCEED N87°50'16"W, A DISTANCE OF 93.84 FEET TO THE POINT OF BEGINNING. THE ABOVE -DESCRIBED PARCEL OF LAND CONTAINS 0.17 ACRES (7,352 SQUARE FEET), MORE OR LESS. Page 4 of 4