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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.
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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
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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
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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
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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.
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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.
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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
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