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04-26-10 - Handout - C. Woods 322 Wigfall Street PO Box 177 • Edgefield, SC 29824 April 21, 2010 Karen Chastain Office of General Counsel City Hall 1 1 7 West Duval Street, Suite 480 Jacksonville, FL 32203 RE: Quit-Claim Deed: City of Jacksonville to Estates of Atlantic Beach, dated May 11, 2003 and recorded in OR Book 12494(Pages 284-286). Dear Ms. Chastain: I am a surviving director of the R-C-B-S Corporation, which is a Florida corporation that was voluntarily dissolved on March 9, 1976. At the time of the dissolution, I owned 25% of the shares in the corporation and was the Secretary of R-C-B-S. On January 12, 1932 the R-C-B-S Corporation transferred (by Indenture)a parcel of land commonly referred to as the "Old Sherry Road Right-Of-Way" to Duval County; this transaction is recorded in Book 608, Pages 8-11. This deed contained a Reverter clause which states, among other things, that the property is subject to reversion to R-C-B-S if and when the Right of Way (ROW) is no longer used as a "Public Park or Park Driveway". Although Duval County DBA the City of Jacksonville (COJ) has been in possession of the property since 1932, the property has not been improved nor has our family (as shareholders and/or successors to R-C-B-S) elected to trigger the Reverter on this basis. Until 2005, it remained undisturbed and part of wilderness area which is about 65%wetlands. On May 11, 2005, COJ issued a Quit-Claim Deed to The Estates of Atlantic Beach, LLC (hereinafter called EAB) for a portion of the Old Sherry Road ROW (this deed is recorded in OR Book 12494, Pages 284-286). Correspondence to your office from the representatives of EAB (dated April 5, 2005) requested the referenced land be transferred to them on the basis that the R-C-B-S Reverter had been triggered (since the road was no longer used). In earlier correspondence (dated February 2, 2005) from developer Michael Sones (principal of EAB) to Robert H. Williams (Chief Real Estate Officer, COJ), EAB holds themselves out to be the successor of the R-C-B-S Corporation. While it is true that Brenda P. Bull (aka Brenda B. Evans) sold EAB three parcels of property adjacent to the Old Sherry Road ROW, she only owned 25% of R-C-B-S stock. The Brenda P. Bull Warranty Deed to EAB is recorded in OR Book 11324, Pages 838-842. This deed may (or may not) have also included the purchase of any future interest that Brenda P. Bull may have held in the R-C-B-S Reverter to Old Sherry Road ROW. On March 1,2010, I became aware of the above described land transactions related to the Old Sherry Road ROW. It appears to me that there has been some confusion about ownership of the land and the Reverter interest. Assuming that Brenda P. Bull was compensated for her 25% interest in the Reverter, EAB should have been deeded no more than a 25% undivided interest in the Old Sherry Road ROW. The remaining shareholders of R-C-B-S, not EAB, own the remaining 75% undivided interest in the ROW. It is not clear to me that it was appropriate for the Reverter Clause to have been triggered in the first place and there is nothing in the COJ Quit-Claim Deed to EAB that refers to the Reverter. However, if the ROW was sold to a land developer who subsequently plans to use it for anything other than a "Public Park or Park Driveway", that would be an appropriate basis for the successors of R-C-B-S to trigger the Reverter. I wish to thank you for allowing me to share my information and.opinions about these matters with you. I would appreciate any advice or information that you may be able offer that is related to how these matters can be modified or corrected. I have attached a sheet of additional information related to the succession of land ownership following the dissolution of R-C-B-S. If you should need additional information, I can be reached by phone at 803-637-6078 (home) or 803-480-0962 (cell). My cell phone number is the best method to reach me during the day. I look forward to hearing from you- "Arr-6Ak attit Harcourt Bull, III cc: Mary T. Bull George Bull,Jr. Chelly B. Schembera William A. Bull BACKGROUND INFORMAT ION Succession of Land Ownership(Real Properties Previously Owned By R-C-B-S) At the time of voluntary dissolution (March 9, 1976) the officers and directors of R-C-B- S Corporation: were George Bull, Sr. (President and Director), Mary T. Bull (Vice President and Director), and Harcourt Bull III (Secretary and Director). George Bull, Sr. was married to Mary T. Bull; George died in 1999, his widow Mary is still living. Harcourt Bull, III is the surviving son of Harcourt Bull,Jr. (who died in 1972 and was the brother of George Bull, Sr.). Brenda P. Bull, who is the surviving widow of Harcourt Bull,Jr., has remarried (James Evans)and is also known as Brenda B. Evans. Just prior to the voluntary dissolution, all of the real estate holdings of the R-C-B-S Corporation were distributed to its shareholders: Mary T. Bull (50%), Brenda P. Bull (25%), and Harcourt Bull, III (25%). These deeds (dated 2/16/76) are recorded in OR Book 4100 (Pages 740-749). The real estate deeded to Brenda P. Bull and Harcourt Bull, III were issued as undivided interest(50%each). On October 17, 1977 Harcourt Bull, III deeded a 1/3 interest in his remaining R-C-B-S real estate holdings jointly to William A. Bull and wife Jane E. Bull. William is the step- brother of Harcourt III. This deed is recorded in OR Book 4484 (Pages 91-95). On May 21, 1979, a deed of partition between Brenda P. Bull and I larcourt Bull III (both equal heirs in common of Harcourt Bull, Jr.)was issued to separate the undivided interest into two halves with Brenda owning a separate 50% and Harcourt, William and Jane jointly owning the remaining 50%. These deeds are recorded in OR Book 4885 (Pages 662-666). NOTE: The Old Sherry Road ROW was not a part of the any of the above transactions; R-C-B-S did not own this real estate and only had a Reverter interest in the property deeded (by RCBS in 1932) to and owned by Duval County/City of Jacksonville. On August 26, 2003, Brenda P. Bull sold three parcels of land to the Estates of Atlantic Beach. This Warranty Deed is recorded in OR Book 11324, Pages 838-842. One of these parcels (which I believe is identified as Real Property Parcel ID No 168340-0000) lies adjacent to and on the West side of Old Sherry Road ROW. The property on the East side of Old Sherry Road ROW is owned by multiple residents of the Ocean Walk PUD. Several corrective or supplemental deeds were issued related to the above transactions and include the following records: Corrective Deed(5/21/9)recorded OR Book 4885,Pages 657-658. Quit-Claim Deed(1/5/99) recorded OR Book 9196,Pages 2071-2072. Quit-Claim Deed (10/17/04) recorded OR Book 12686,Pages 439-443.