07-10-00 Exhibit B v •
EXHIBIT B
July 10, 2000
STAFF REPORT
• AGENDA ITEM: property
Exchange ofwith Beaches Habitat
SUBMITTED BY: George Worley H, Community Development Director
DATE: July 3, 2000
BACKGROUND:
In July of 1999 Beaches Habitat deeded two large parcels of land north of Jordan Park to
the City in exchange for approximately thirteen platted lots along Francis Avenue and the unpaved
segment of Jordan Street south of Jordan Park.
An open holding pond, which is part of the Atlantic Beach Wastewater Plant, was thought
to encroach on to lots 5, 6 and 7 of Block 2, on Jordan Street. Those three lots were retained by
the City for that reason. Because of a measurement discrepancy on one set of plans, it was not
realized until the lots were re-surveyed by Habitat that the pond also encroached onto Lot 4.
Upon discovering this, Staff spoke with Beaches Habitat and discovered that they desired to
IIIP obtain a small, 2.5 foot wide, strip of property along the alley bordering the south side of Jordan
Park to allow them to meet the minimum lot width requirements of the City for one of their
building lots. It was suggested that they deed to the city the portion of Lot 4 containing the
r corner of the pond and its fencing, and that the City could grant the small strip of land adjoining
Jordan Park to Habitat, in exchange. Habitat was agreeable to this suggestion.
The City Attorney, in cooperation with Beaches Habitat's attorney has drawn up the land
swap deeds.
RECOMMENDATION:
Staff recommends that the City Commission approve this exchange of land to serve both
parties needs. No utilities exist in the strip of land to be granted to Beaches Habitat and the Staff
has found no foreseeable use of the narrow strip.
ATTACHMENTS:
1) Correspondence and deed documents prepared by City Attorney.
REVIEWED BY CITY MANAGER:
• ENDA ITEM NO.
8A
ALAN C. JENSEN July 10, 2000
Attorney at Law
935 North Third Street
IIIPost Office Box 50457
Jacksonville Beach,Florida 32240-0457
Telephone (904)246-2500 Facsimile (904)246-9960
June 16, 2000
VIA HAND DELIVERY
Mr. George Worley II, City Planner
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Dear George:
Enclosed are copies of a letter from Haywood Ball and documents enclosed therewith for the swap
• of property between Beaches Habitat and the City. You and I previously discussed this matter and
I informed Mr. Ball that we had no problem with it. I would appreciate you requesting that this be
placed on the agenda for the June 26 meeting. If you need to prepare some type of staff report, I
will be glad to assist in any way.
If there are any questions, please do not hesitate to contact me.
Very truly yours,
410.1._/
ALAN / SEN
Enclosures
ACJ/sky
III
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• LAW OFFICES July 10, 2000
DONAHOO, BALL & MCMENAMY, P.A.
50 NORTH LAURA STREET,SUITE 2925
JACKSONVILLE,•
FLORIDA 32202
HOMAS M. DONAHOO' (904)354-8080
HAYWOOD M. BALLt FAX: (904)791-9563 JOHN W. DONAHOO
WILLIAM B. MCMENAMY e-mail: hball®donahooball.com (1907- 1993)
THOMAS M. DONAHOO, JR. 'BOARD CERTIFIED TAX LAWYER
tCERTIFIED CIRCUIT CIVIL MEDIATOR
June 7, 2000
VIA HAND DELIVERY
Alan C. Jensen, Esquire
935 North 3rd Street
P.O. Box 50457
Jacksonville Beach, FL 32240-0457
Re: Our File No.: 4260.079
Beaches Habitat-Jordan Street lots
Dear Alan:
• In accordance with your telephone call on June 6,2000,I enclose copies ofproposed Special
Warranty Deeds to be exchanged by the City and Beaches Habitat pertaining to 2 1/2 feet of the alley
and the North 25 feet of Lot 4, Block 2, Ed Smith Subdivision, together with maps prepared by
Durden Land Surveyors, Inc.
This will confirm that you and George Worley will put this matter on the agenda for the next
Atlantic Beach City Council meeting.
I appreciate your help with this matter and would appreciate it if you would let me know
after the exchange has been approved.
Sincerely yours,
717417/47-1-09
Haywood M. Ball
HMB/jml
Enclosures
cc: Ralph Marcello
• T:*NB\Closings-Real Estatc\4260 Habint\79land Exchangeletter to alanjensen 2.wpd
RECEIVED JUN - 8 2000
•
•
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July 10, 2000
This instrument was prepared by:
• HAYWOOD M. BALL, ESQUIRE
DONAHOO, BALL & McMENAMY, P.A.
50 North Laura Street, Suite 2925
Jacksonville, Florida 32202
(904) 354-8080
SPECIAL WARRANTY DEED
THIS DEED made this day of ,2000,by HABITAT FOR HUMANITY OF
THE JACKSONVILLE BEACHES, INC., a not for profit Florida corporation, d/b/a BEACHES
HABITAT, whose mailing address is Post Office Box 50939, Jacksonville Beach, FL 32240 (the
"Grantor")to CITY OF ATLANTIC BEACH,a Florida Municipal Corporation,FEIN 59-6000267,
Tax Exempt Number 26-02-07391-5C(exp.6/10/02)whose mailing address is 800 Seminole Road,
Atlantic Beach, FL 32233 (the "Grantee").
WITNESSETH:
• THAT GRANTOR, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and the exchange of real property pursuant to Ordinance No. 95-
99-71 of the City of Atlantic Beach, Florida, has granted, bargained and sold to Grantee, its
successors and assigns, in fee simple forever, the parcel of real property located in Duval County,
Florida, described as follows:
The North 25 feet of Lot 4,Block 2, ED SMITH SUBDIVISION, as
recorded in Plat Book 26, page 50, of the public records of Duval
County, Florida.
This conveyance is made subject to covenants, restrictions, conditions and easements of
record and taxes accruing subsequent to December 31, 1999.
And Grantor does hereby fully warrant the title to said land against claims of all persons who
derive a lawful claim thereto by,through or under the Grantor will defend the title against and such
lawful claims.
•
•
•
•
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July 10, 2000
IN WITNESS WHEREOF,the Grantor has executed these presents as of the day and year
• first above written.
Signed and delivered in the HABITAT FOR HUMANITY OF THE
presence of: JACKSONVILLE BEACHES,INC.,a not
for profit Florida corporation, d/b/a
BEACHES HABITAT
By:
Witness Haywood M. Ball, President
[ ]
Print name below signature
Witness [Affix Corporate Seal]
[ ]
Print name below signature
• STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this_day of , 2000,
by HAYWOOD M. BALL, as President of HABITAT FOR HUMANITY OF THE
JACKSONVILLE BEACHES, INC., a not for profit Florida corporation, d/b/a BEACHES
HABITAT, on behalf of the corporation, the Grantor named therein,who [x] is personally known
to me or [ ] has produced a Florida driver's licence as identification [check one].
Notary Public
State of Florida at Large
[ ]
Print name below signature
[Affix Notary Stamp] My Commission Expires:
My Commission No.:
T:\HMB\Closings-Real Estate\4260 Habitat\beaches special deed.wpd
• 2
•
•
8A
July 10, 2000
This instrument was prepared by:
11, HAYWOOD M. BALL, ESQUIRE
DONAHOO, BALL&McMENAMY,P.A.
50 North Laura Street, Suite 2925
Jacksonville, Florida 32202
(904) 354-8080
SPECIAL WARRANTY DEED
THIS DEED made this day of ,2000,by CITY OF ATLANTIC BEACH,
a Florida Municipal Corporation (the "Grantor"), whose mailing address is 800 Seminole Road,
Atlantic Beach, FL 32233, to HABITAT FOR HUMANITY OF THE JACKSONVILLE
BEACHES,INC.,a not for profit Florida corporation,d/b/a BEACHES HABITAT,whose mailing
address is Post Office Box 50939, Jacksonville Beach, FL 32240 (the "Grantee").
WITNESSETH:
THAT GRANTOR, for good and valuable consideration, the receipt and sufficiency of
0 which are hereby acknowledged, and the exchange of real property pursuant to Ordinance No. 95-
99-71 of the City of Atlantic Beach, Florida, has granted, bargained and sold to Grantee, its
successors and assigns, in fee simple forever, the parcel of real property located in Duval County,
Florida, being more particularly described as follows:
A part of ED SMITH SUBDIVISION, as recorded in Plat Book 26,
page 50 of the Public Records of Duval County, Florida, said part
being more particularly described as being the South 2.50 feet of the
20 foot alley lying Northerly of and adjacent to the North line of Lot
8, Block 1 of said ED SMITH SUBDIVISION, said part also lying
between the Northerly projection of the East and West lines of said
Lot 8.
This conveyance is made subject to covenants, restrictions, conditions and easements of
record and taxes accruing subsequent to December 31, 1999.
And Grantor does hereby fully warrant the title to said land against claims of all persons who
derive a lawful claim thereto by,through or under the Grantor will defend the title against and such
lawful claims.
•
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July 10, 2000
IN WITNESS WHEREOF,the Grantor has executed these presents as of the day and year
• first above written.
Signed and delivered in the CITY OF ATLANTIC BEACH,FLORIDA,
presence of: a Florida Municipal Corporation
By:
Witness John S. Meserve, Mayor
[ ] By:
Print name below signature James R. Hanson, City Manager
Witness [Affix Corporate Seal]
[ ]
Print name below signature
•
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this day of
2000, by JOHN S. MESERVE, as Mayor of CITY OF ATLANTIC BEACH, a Florida Municipal
Corporation, and by JAMES R. HANSON, as City Manager of CITY OF ATLANTIC BEACH,
FLORIDA, a Florida Municipal Corporation, on behalf of the corporation, the Grantor named
therein, who [ ] is personally known to me or [ ] has produced a Florida driver's licence as
identification [check one].
Notary Public
State of Florida at Large
[ ]
Print name below signature
[Affix Notary Stamp] My Commission Expires:
• My Commission No.:
T:\HMB\Closings-Real Estate\4260 Habitat\79 Land Exchange\city special deed.wpd
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