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Exh 8A8..- . ~~ July 10, 2040 STAFF REPORT AGENDA ITEM:. Exchange of property with Beaches Habitat SUBMITTED BY: George Worley II, Community Development Director DATE: July 3, 2000 BACKGROUND: In 3uly 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 3ordan Street south of Jordan Park. An open holding pond, which is part of the Atlantic Beach Wastewater Plant, was thought to encroach onto 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 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 corner of the pond and its fencing, and that the City could grant the small strip of land ad3oining 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 Iand 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. ATTACI-~IENTS: 1) Correspondence and deed documents prepared by City Attorney. REVIEWED BY CITY MANAGER: ENDA ITEM NO. .. a SA ~~ C JII~TSEN July 10, 2000 Attorney at Law 935 North Third Street Post Office Box 50457 7acksonviile Beach, Florida 32240-0457 __ ___._ _ __ Telephone (904) 246-2500 Facsim0e (904) tab-9960. . Jwie 16, 2000 VIA HAND DELIVERY Mr. George Worley II, City Planner City of Atlantic Beach 800 Seminole Road Atlantic Beach, FI. 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, ALAN SEN Enclosures ACJIsky ~''"'',~ LAW OFFICES DONAHOO, BALL & MCMENAMY, P.A. - 50 NORTH LAURA STREET, SUITE 2925 . JACKSONVILLE, FLORIDA 32202 THOMAS M. DONAHOO' (904) 354-8080 HAYWOOD M. BALLt _. FAX: (904} 791-9583 WILLIAM B. McMENAMY' a-mall: hball~donahooball.cam THOMAS M. DONAHOO, JR. ~•BOARDCERTIFIEDTAXLAWYER iCERT1FIED CIRCUR CIVIL MEDIATOR June 7, 2000 VIA HAND DELIVERY Alan C. Jensen, Esquire 935 North 3~a Street P.Q. Box 50457 Jacksonville Beach, FL 32240-0457 Re: Our File No.: 4260.079 Beaches Habitat-Jordan Street lots 8A July 10, 2000 .. JOHN W. OONAHOO (1907 - 1993) Dear Alan: In accordance with your telephone call on June 6, 2000, I enclose copies of proposed Special Warranty Deeds to be exchanged by the City and Beaches Habitat pertaining to 2 %i 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, Haywood M. Ball HMB/jml Enclosures ,, cc: Ralph Marcello 7:WM8\Closings-Real Esntc~i260 HabitaA~9l.atu! Exc6angeVletta w ~hnjaueo 2wpd RECE~vED SUN =8 ZoDO SA July 10, 2000 1 This instrument was prepared by: HAYWOOD M. BALL, ESQUIRE - DONAHOO, BALL & McMENAMY, P.A. SO 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-SC (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. ~"."" i.. ~ .a - SA July 10, 2000 IN WITNESS W~REOF, the Grantor has executed these presents as of the day and year first above written. Signed and delivered in the IiABITAT FOR HUMANITY OF THE _ presence of: _ JACKSONVILLE BEACHES, INC ., a not for profit Florida corporation, d/b/a BEACHES HABITAT Witness Print name below signature By: Haywood M. Ball, President Witness [A~x 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 EC(JMANITY 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:WMB1CIosings-Real Estate14260 Habitatlbeaches special deed.wpd 2 This instrument was prepared by: HAYWOOD M. BALL, ESQUIRE DONAHOO, BALL & McMENAMY, P.A. SO North Laura Street, Suite 2925 Jacksonville, Florida 32202 , (904) 354-8080 SPECIAL WARRANTY DEED 8A, July 10, 2000 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 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. 8A July 14, 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 Witness Print name below signature Witness Print name below signature STATE OF FLORIDA COUNTY OF DUVAL By: Sohn S. Meserve, Mayor By: James R. Hanson, City Manager [Affix Corporate Seal] The foregoing instrument was acknowledged before me this day of , 2000, by JOHN S. MESERVE, as Mayor of CITY OF ATLANTIC BEACH, aFlorida 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 CommissionNo.: T:1HMB\Closings-Real Estate14260 Habitat\79 Land Exchangc\city special deed.wpd n ~ ~ ~., Q 0 o ~ ~ Z N Q O O JORDAN STREET FRANCIS AVENUE 8A