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Exh 8BCITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Acceptance of Deeds for Selva M. . Streets SUBMITTED BY: Jim Hanson, Ci DATE: October 1, 2001 AGENDA ITEM #8B OCTOBER 8, 2001 BACKGROUND: This City has received signed Special Warranty Deeds and Corporate Owner/Seller Affidavits for the dedication of public streets in the Selva Marina subdivision to the City of Atlantic Beach. The first set of these has been executed by the Sevilla Development Corporation Inc and includes the streets in Units 10-C, 12-B and 12-C. The second set of documents is from Bevue, Limited for streets in Units 10, 10-A, 10-B, 11, 12 and 12-A. BUDGET: You have previously approved the recommendations of the Selva Marina Streets Committee to make several improvements to the streets, drainage systems and utilities and to assess the property owners for a portion of the costs after those improvements are complete. However, before any of the work on the streets can begin, the City should first own the streets. In related issues, all but one of the easements needed for street and drainage improvements have been signed and are on file in the City Clerk's office. The remaining easement should be executed within the next few days. The City of Jacksonville has been asked to waive the taxes that are due on the streets. Councilman Jerry Holland has prepared enabling legislation to accomplish that request and it is being processed by Jacksonville. No final determination has been made at this time. There is no cost to the City for acceptance of these deeds except for minor related legal expenses. Project cost for the Selva Marina work is estimated at $604,440. Funding for that work is included in the City's FY 01-02 budget. RECOMMENDATION: Accept the dedication of the streets to City ownership. ATTACHMENT: (1) Special Warranty Deeds from Sevilla Development Corporation Inc. and Bevue Limited (2) Corporate Owner/Seller Affidavits from Sevilla Development Corporation Inc. and Bevue Limited ALAN C. JENSEN Attorney at Law 935 North Third Street Post Office Box 50457 Jacksonville Beach, Florida 32240-0457 AGENDA ITEM #8B OCTOBER 8, 2001 Telephone (904) 246-2500 Facsimile (904) 246-9960 E—Mail: AJensenLaw@aol.com September 24, 2001 Mr. James R. Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Selva Streets/Easements Dear Jim: VIA HAND DELIVERY I enclose herewith the original Special Warranty Deed and Corporate Owner/Seller Affidavit, both executed by Sevilla Development Corporation, Inc., for the private streets in Selva Marina, Units 10-C, 12-B and 12-C. I also enclose the original Special Warranty Deed and Corporate Owner/Seller Affidavit, both executed by Bevue, Ltd., for the private streets in Selva Marina, Units 10, 10-A, 10-B, 11, 12 and 12-A. If you have any questions regarding these documents, please do not hesitate to contact me. Prior to recording these deeds, we would normally deliver them to the title insurance company so they can check down the titles, and then they would record the deeds at the clerk's office. When we get to that point, I will probably need to get the original deeds and affidavits back from you. Pte. Co--14,4,'�`"a 0)81 Enclosures ACJ/sky Very truly yours, d� om ,Q- -- ,ectiet,cap. .6. ,�✓ GZ- - coqded . Prepared by and Return to: PAUL EAKIN, ATTORNEY AT LAW 599 ATLANTIC BLVD. SUITE 4 ATLANTIC BEACH, FL. 32233 Prepared without benefit of Title Insurance For official use by Clerk's office only STATE OF FLORIDA ) SPECIAL WARRANTY DEED COUNTY OF DUVAL ) (Corporate Seller) THIS INDENTURE, made this August29, 2001, between SEVILLA DEVELOPMENT CORPORATION, INC., A Florida Corporation, whose mailing address is: 1937 Sevilla Boulevard West, Atlantic Beach, Florida 32233, party of the first part, and THE CITY OF ATLANTIC BEACH, A Florida Municipal Corporation, FEIN 59-6000267 AND TAX EXEMPT # 26-02-107391-54C (EXP. 6/10/02), whose mailing address is: 800 Seminole Road, Atlantic Beach, Florida 32233, party/parties of the second part, WITNESSETH: First party, for and in consideration of the sum of Ten dollars and no cents, ($ 10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, aliens, remises, releases, conveys and confirms unto second party/parties, his/her/their heirs and assigns, the following described property, towit: All private streets shown on the following plats: SELVA MARINA, UNIT NO. 10-C, according to plat thereof as recorded in Plat Book 37, page 40, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 12-B, according to plat thereof as recorded in Plat Book 36, page 76, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 12-C REPLAT, according to plat thereof as recorded in Plat Book 37, page 29, of the current public records of Duval County, Florida. PARCEL IDENTIFICATION NOS.: 172020-0702, 172020-0704, 172020-0732, 172020-0762, 172020 -0902,172020 -1202,172020-1232,172020-1302,172020-1402,172020-0802 Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable zoning ordinances and/and restrictions and prohibitions imposed by governmental authorities, if any. THIS conveyance is subject to any and all ad valorem taxes due the City of Jacksonville, Florida and City of Atlantic Beach, Florida and is further subject to all easements for ingress and egress over and across the streets conveyed herein, all as set out in the Adoption and Dedication of the respective Plats of the properties herein conveyed and referred to herein above. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the party of the first part hereby covenants with said party of the second part, that it is lawfully seized of said land in fee simple: that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the party of the first part. IN WITNESS WHEREOF, first party has signed and sealed these present the date set forth on August , 2001. Signed, sealed and delivered in the presence of: witness name cam.\1e�-cAp�.� Witness signature h Print witness name SEVILLA ��i LOP NT CORPORATION, INC., A rida • •+ . on IlL By: Ajefm__ Print Name: G t O RGE BULL, JR. Title: PRESIDENT (Corporate Seal) State of Florida County of DUVAL THE FOREGOING INSTRUMENT was acknowledged before me this August 2001 by GEORGE BULL, JR, PRESIDENT of SEVILLA DEVELOPMENT CORPORATION, INC., A Florida Corporation who is personally known to me or who has produced as identification. blic Print Notary Name My Commission Expires: DEED - Special Warranty Deed - Corporate Closers' Choice IM i1 Paul M. Eakin MY COMMISSION* CC821335 EXPIRES May 10, 2003 BONDED niku 1ROY FAININSURANCE INC Notary Seal AGENDA ITEM #8B OCTOBER 8, 2001 AGENDA ITEM #8B OCTOBER 8, 2001 CORPORATE OWNER/SELLER AFFIDAVIT State of FLORIDA County of DUVAL The undersigned, ("hereinafter Affiant) being first duly sworn, deposes and says that Affiant has personal knowledge of the following facts: 1. I GEORGE BULL, JR.,am The President of SEVILLA DEVELOPMENT CORPORATION, INC., A Florida Corporation hereinafter referred to as "Entity". 2. That Entity is not a foreign corporation foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and the Income Tax Regulations under the Internal Revenue Code). 3. That Entity's U.S. Employer Identification Number is: 61— i4(550 4. That Entity's Office Address is: 1937 Sevilla Boulevard West, Atlantic Beach, Florida 32233. 5. That Entity owns the property described as follows: All private streets shown on the following plats: SELVA MARINA, UNIT NO. 10-C, according to plat thereof as recorded m Plat Book 37, page 40, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 12-B, according to plat thereof as recorded in Plat Book 36, page 76, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 12-C REPLAT, according to plat thereof as recorded in Plat Book 37, page 29, of the current public records of Duval County, Florida. PARCEL IDENTIFICATION NOS.: 172020-0702, 172020-0704, 172020-0732, 172020-0762, 172020-0902, 172020-1202,172020-1232,172020-1302,172020-1402,172020-0802 And its possession thereof has been peaceable and undisturbed and the title to said property has never been disputed or questioned to our knowledge, nor do we know of any facts by reason of which the title to, or possession of said property might be disputed or questioned, or by reason of which any claim to any said property might be asserted adversely to me. 6. There are no tenancies, leases or occupants. 7. No proceeding in any bankruptcy or receivership have ever been instituted by or against Entity, and we have never made an assignment for the benefit of creditors. 8. I know of no action or proceedings relating to said property which is now pending m any State or Federal Court in the United States, nor do we know of any State or Federal Judgment or any Federal Lien of any kind or nature whatsoever, which now constitutes or could constitute a lien or charge upon the subject property. Page 1 of 2 Affidavit - Owner - Seller - Corporate Closers' Choice AGENDA ITEM #8B OCTOBER 8, 2001 9. There are no judgments against us unpaid or unsatisfied of record, IRS liens and/or State Revenue Liens in any court of this State or of the United States and said property, as far as we know is free from all leases, mortgages and other liens and encumbrances except as disclosed in Commitment No. C-00066120 issued through Stewart Title of Jacksonville, Inc. 10. There are no loans of any kind on said property except the following: Execpt the possibility of the existance of mortgage loans executed by any owner of lots in the above referenced plats wherein lots may extend to the centerline of any road. 11. There are no unpaid bills or claims for labor or services performed or material furnished or delivered during the last twelve months for alterations, repair work, or new construction on said property which have not been paid for in full except those as shown on the closing statement of this transaction. 12. There is no contract for the making of repairs or improvements on said property. 13. There is no outstanding unrecorded contract for sale of subject property to any person or persons or corporations whatsoever, other than that certain contract to CITY OF ATLANTIC BEACH, A Florida Municipal Corporation, FEIN 59-6000267 AND TAX EXEMPT # 26-02-107391-54C (EXP. 6/10/02) nor are there any chattel mortgages, security agreements, financing statements nor any other conveyances affecting the title to the property described herein except as disclosed in Commitment Number C-00066120 , issued through Stewart Title of Jacksonville, Inc. 14. There are no unpaid real estate taxes and/or tangible taxes due on subject property except as disclosed in Commitment Number C-00066120, issued through StewartTitle of Jacksonville, Inc. 15. That there are no matters pending against Entity that could give rise to a lien that would attach to the property between the disbursing of the funds and the recording of the interest to be insured, and that the affiant has not and will not execute any instrument that would adversely affect the title or interest to be insured. 16. Affiants have received no notice of potential liability for the clean up of any hazardous substance, removal, or remedial action, nor is subject property the subject of any lien in favor of the United States of America by reason of ederal law or regulation. I"his ti la t is mad• and given to induce Stewart Title of Jacksonville, Inc. to issue a policy of title insurance. /I George Bull Jr. State of Florida County of DUVAL The foregoing instrument was sworn to and subscribed before me this August 23, 2001 by George Bull Jr., President , who is personally known to me or who produced a driver's license as identification and who did take an oath. Notary Printed or Typed Name My Commission Expires: Affidavit - Owner - Seller - Corporate Closers' Choice Paul M. Eakin °: :,: .0 ;t: MY COMMISSION # CC827335 EXPIRES May 10, 2003 BONDED THRU TROY FAIN INSURANCE. INC. AGENDA ITEM #8B OCTOBER 8, 2001 Prepared by and Return to: PAUL EAKIN, ATTORNEY AT LAW 599 ATLANTIC BLVD. SUITE 4 ATLANTIC BEACH, FL. 32233 Prepared without benefit of Title Insurance For official use by Clerk's office only STATE OF FLORIDA COUNTY OF DUVAL SPECIAL WARRANTY DEED (Corporate Seller) THIS INDENTURE, made this August 11, 2001, between BEVUE LTD., A Florida Limited partnership, whose mailing address is: 1937 Sevilla Boulevard West, Atlantic Beach, Florida 32233, party of the first part, and THE CITY OF ATLANTIC BEACH, A Florida Municipal Corporation, FEIN 59-6000267 AND TAX EXEMPT # 26-02-107391-54C (EXP. 6/10/02), whose mailing address is: 800 Seminole Road, Atlantic Beach, Florida 32233, party/parties of the second part, WITNESSETH: First party, for and in consideration of the sum of Ten dollars and no cents, ($ 10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, aliens, remises, releases, conveys and confirms unto second party/parties, his/her/their heirs and assigns, the following described property, towit: All private streets shown on the following plats: SELVA MARINA, UNIT NO. 10, according to plat thereof as recorded in Plat Book 36, page 59, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 10-A, according to plat thereof as recorded in Plat Book 36, page 60, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 10-B, according to plat thereof as recorded in Plat Book 36, page 61, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 11, according to plat thereof as recorded in Plat Book 36, page 62, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 12, according to plat thereof as recorded in Plat Book 36, page 63, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 12-A, according to plat thereof as recorded in Plat Book 36, page 64, of the current public records of Duval County, Florida. PARCEL IDENTIFICATION NOS.: 172020-0702, 172020-0704, 172020-0732, 172020-0762, 172020 -0902,172020 -1202,172020-1232,172020-1302,172020-1402,172020-0802 Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable zoning ordinances and/and restrictions and prohibitions imposed by governmental authorities, if any. THIS conveyance is subject to any and all ad valorem taxes due the City of Jacksonville, Florida and City of Atlantic Beach, Florida and is further subject to all easements for ingress and egress over and across the streets conveyed herein, all as set out in the Adoption and Dedication of the respective Plats of the properties herein conveyed and referred to herein above. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the party of the first part hereby covenants with said party of the second part, that it is lawfully seized of said land in fee simple: that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the party of the first part. IN WITNESS WHEREOF, first party has signed and sealed these present the date set forth on August , 2001. Signed, sealed and delivered in the presence of: ess si lure QSS LS1-eS t witness name Witness signature K;e:-h S. Print witness name STATE OF FLORIDA COUNTY OF DUVAL BEVUE L/, a Flo By: Print Name: GEORGE BULL, JR. Title: General Partner da Li cd Partnership THE FOREGOING INSTRUMENT was acknowledged before me this August 94, 2001, by GEORGE BULL, JR.A,.,'RESIDENT of SEVILLA DEVELOPMENT CORPORATION, INC., a Florida corporation, wh,: ;personatwrn to me or . 'as p.duce �,y//4 as identification. DEED - Special Warranty Deed - Cotj+or • - MY COMMISSION. CC321335 EXPIRES Closers' Choice '. •' :37 May 10, 2003 BONDED THRU TROY ERIN INW;ANCE INC N.tary Public My commission expires: AGENDA ITEM #8B OCTOBER 8, 2001 CORPORATE OWNER/SELLER AFFIDAVIT State of FLORIDA County of DUVAL The undersigned, , ("hereinafter Affiant) being first duly sworn, deposes and says that Affiant has personal knowledge of the following facts: 1. I, George Bull Jr. am the General Partner of Bevue LTD., A Florida General Partnership hereinafter referred to as "Entity" 2. That Entity is not a foreign corporation foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and the Income Tax Regulations under the Internal Revenue Code). 3. That Entity's U.S. Employer Identification Number is: 59 - 29 24 SOC, 4. That Entity's Office Address is: 1937 Sevilla Boulevard West, Atlantic Beach, Florida 32233. 5. That Entity owns the property described as follows: All private streets shown on the following plats: SELVA MARINA, UNIT NO. 10, according to plat thereof as recorded in Plat Book 36, page 59, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 10-A, according to plat thereof as recorded in Plat Book 36, page 60, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 10-B, according to plat thereof as recorded in Plat Book 36, page 61, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 11, according to plat thereof as recorded in Plat Book 36, page 62, of the current public records of Duval County, Florida. SELVA MARINA, UNIT NO. 12, acording to plat thereof as recorded in Plat Book 36, page 63, of the current public records of Duval County, Florida. SELVA MARINA UNIT NO 12-A, according to plat thereof as recorded in Plat Book 36, page 64 of the current public records of Duval County, Florida. PARCEL IDENTIFICATION NOS.: 172020-0702, 172020-0704, 172020-0732, 172020-0762, 172020-0902, 172020-1202,172020-1232,172020-1302,172020-1402,172020-0802 And its possession thereof has been peaceable and undisturbed and the title to said property has never been disputed or questioned to our knowledge, nor do we know of any facts by reason of which the title to, or possession of said property might be disputed or questioned, or by reason of which any claim to any said property might be asserted adversely to me. 6. There are no tenancies, leases or occupants. 7. No proceeding in any bankruptcy or receivership have ever been instituted by or against Entity, and we have never Affidavit - Owner - Seller - Corporate Closers' Choice AGENDA ITEM #8B OCTOBER 8, 2001 made an assignment for the benefit of creditors. 8. I know of no action or proceedings relating to said property which is now pending in any State or Federal Court in the United States, nor do we know of any State or Federal Judgment or any Federal Lien of any kind or nature whatsoever, which now constitutes or could constitute a lien or charge upon the subject property. 9. There are no judgments against us unpaid or unsatisfied of record, IRS liens and/or State Revenue Liens in any court of this State or of the United States and said property, as far as we know is free from all leases, mortgages and other liens and encumbrances except as disclosed in Commitment No. C-00066120 issued through Stewart Title of Jacksonville, Inc. . 10. There are no loans of any kind on said property except the following: Except the possibility of the existance of mortgage loans executed by any owner of lots in the above referenced plats wherein lots may extend to the centerline of any road. 11. There are no unpaid bills or claims for labor or services performed or material furnished or delivered during the last twelve months for alterations, repair work, or new construction on said property which have not been paid for in full except those as shown on the closing statement of this transaction. 12. There is no contract for the making of repairs or improvements on said property. 13. There is no outstanding unrecorded contract for sale of subject property to any person or persons or corporations whatsoever, other than that certain contract to CITY OF ATLANTIC BEACH, A Florida Municipal Corporation, FEIN 59-6000267 AND TAX EXEMPT # 26-02-107391-54C (EXP. 6/10/02) nor are there any chattel mortgages, security agreements, financing statements nor any other conveyances affecting the title to the property described herein except as disclosed in Commitment Number C-00066120, issued through Stewart Title of Jacksonville, Inc. . 14. There are no unpaid real estate taxes and/or tangible taxes due on subject property except as disclosed in Commitment Number C-00066120 , issued through Stewart Title of Jacksonville, Inc . 15. That there are no matters pending against Entity that could give rise to a lien that would attach to the property between the disbursing of the funds and the recording of the interest to be insured, and that the affiant has not and will not execute any instrument that would adversely affect the title or interest to be insured. 16. Affiants have received no notice of potential liability for the clean up of any hazardous substance, removal, or remedial action, nor is subject property the subject of any lien in favor of the United States of America by reason of ederal law or regulation. This day is ma • and given to induce Stewart Title of Jacksonville, Inc. to issue a policy of title insurance. GEOR : ULL, JR. GENERAL PARTNER State of Florida County of DUVAL The foregoing instrument was sworn to and subscribed before me this August 23, 2001 by GEORGE BULL JR. , who is personally known to me or who produced a driver's license as identification and who did take an oath. Affidavit - Owner - Seller - Corporate Closers' Choice Notary Printed or Typed Name My Commission Expires: Page 2 of 2 Paul M. Eakin MY COMMISSION • CC827335 EXPIRES May 10, 2003 BONDED THRU TROY FAIN INSURANCE, INC AGENDA ITEM #8B OCTOBER 8, 2001 • There are no unpaid real estate taxes and/or tangible taxes due on subject property except as disclosed in Commitment Affidavit - Owner - Seller - Corporate Closers' Choice