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.
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Enclosures
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Very truly yours,
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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