Resolution approving the transfer of Tract G (Public Pump Station Parcel) within the Alterra Subdivision.

Transcription

1 AGENDA REPORT DATE: January 9, 2017 TO: FROM: SUBJECT: City Commission Mike Herr, City Manager Resolution approving the transfer of Tract G (Public Pump Station Parcel) within the Alterra Subdivision. EXECUTIVE SUMMARY: In association with the final plat approval of the Alterra Subdivision, the applicant and property owner proposes to transfer Tract G to the City for public use. Tract G will house a lift station for the conveyance of wastewater to the City s treatment plant. The pump station is located in the southwest corner of the proposed subdivision (see attached location map). RECOMMENDATION: Adopt a resolution approving and accepting Warranty Deed transferring Tract G (Public Pump Station Parcel) within the Alterra Subdivision. FISCAL IMPACT: Undetermined. The land asset and lift station will be recorded in the Water/Sewer Utility Fund.

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3 This Instrument Prepared By and Return To: Robert D. McLean, Esq. Rocke, McLean& Sbar, P.A S. MacDill Avenue Tampa, Florida PARTIAL RELEASE OF MORTGAGE AND SECURITY DOCUMENTS KNOW ALL PERSONS BY THESE PRESENTS THAT, USAMERIBANK, a Florida banking corporation (" Lender"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby release, quit claim, exonerate and discharge from the lien and encumbrance of the Security Documents ( defined below) all of that certain real property more particularly described on Exhibit " A" attached hereto. The " Security Documents" ( herein so called) are defined as the following documents, together with all other documents and instruments executed in connection therewith, all of which were given and granted by PCJB DEVELOPMENT, INC., a Florida corporation to Lender: 1) Mortgage and Security Agreement dated July 13, 2016, and recorded in Official Records Book 24233, Page 750, of the Public Records of Hillsborough County, Florida; 2) Assignment of Contracts, Rents and Leases dated July 13, 2016, and recorded in Official Records Book 24233, Page 768, of the Public Records of Hillsborough County, Florida; and 3) UCC- 1 Financing Statement recorded in Official Records Book 24233, Page 774, of the Public Records of Hillsborough County, Florida; PROVIDED, HOWEVER, Lender reserves the liens and encumbrances of the Security Documents against all other lands not hereby released, and nothing herein contained shall in anywise impair, alter or diminish the effect, lien or encumbrances of the Security Documents on the remaining lands not hereby released, or any of the rights and remedies of the holder thereof

4 IN WITNESSW:HOF, Len authorized officer on the day of has causedthese presents to be executed by its duly USAMERIBANK, a Florida banking corporation C- Z= r ) By: Vincent M. Chillura, Senior Vice President STATE OF FLORIDA COUNTY OF HILLSBOROUGH 3 The foregoing instrument was acknowledged before me this day of A 2017, by Vincent M. Chillura, as Senior Vice President of USAmeriBank, corporation, on behalf of the corporation. He [ check one box] 0 is personally a Florida banki known to me, or 0 has produced a Florida driver' s license as identification. EMMONS CASSANO COMMISSION# GG Notary Public MY EXPIREs: October 26, 2020 Name: Banded rnru NotrY Public Undo"""'" My Commission Expires: i

5 EXHIBIT " A" Private Tract G of the plat for ALTERRA, as recorded in Plat Book Page of the public records of Hillsborough County, Florida

6 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PLANT CITY, FLORIDA, ACCEPTING DEED FROM PCJB DEVELOPMENT, INC.; AND AUTHORIZING THE CITY CLERK TO RECORD SAID DEED ON BEHALF OF THE CITY. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PLANT CITY, FLORIDA: Section 1. The Warranty Deed from PCJB Development, Inc., a copy being attached, is hereby accepted and approved. Section 2. The City Clerk shall record said deed in the public records of Hillsborough County, Florida. Adopted by the City Commission on January 9, ATTEST: Kerri J. Miller City Clerk Approved as to form and correctness: Kenneth W. Buchman City Attorney Rick A. Lott Mayor-Commissioner

7 This Instrument Prepared By and Return To: Robert D. McLean, Esquire Rocke McLean Sbar 2309 S. MacDill Avenue Tampa, Florida Folio No. WARRANTY DEED THIS WARRANTY DEED ( this " Deed") is made this day of 2017, by PCJB DEVELOPMENT, INC., a Florida corporation (" Grantor"), whose post office address is P. O. Box 1969, Tampa, Florida 33601, to the CITY OF PLANT CITY, a Florida municipal corporation (" Grantee"), whose post office address is P.O. Box C, Plant City, Florida WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee all that certain parcel of land situate in Hillsborough County, Florida ( the " Land"), more particularly described on Exhibit A attached hereto. TOGETHER with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Land in fee simple; that Grantor has good right and lawful authority to sell and convey the Land; that Grantor hereby fully warrants the title to the Land and will defend the same against the lawful claims of all persons whomsoever; and that the Land is free of all encumbrances, except taxes accruing subsequent to December 31, 2016, and all declarations, conditions, restrictions, reservations, limitations and easements of record, if any. Signature Page Follows]

8 IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed in its name on the date first above written. Signed, sealed and delivered In the presence of: PCJB DEVELOPMENT, INC., a Florida corporat on Al ArAtwirMiiiinfr- Name:! a " EVA VIA Robert C. Schmid, Pre dente 94 Name:( ( e t. Svk.eketis STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this 3 day of 2017, by Robert C. Schmid, as the President of PCJB Development, Inc., a Florida corp tion, on behalf of the corporation. He [ check one box] is personally known to me, or has produced a Florida driver' s license as identification. CASSANDRA EMMONS MY COMMISSION# GG October26, 2020 NOTARY EXE: PUBLIC roy,.,p Banded Thru Notary Public thiderontersi Name: My Commission Expires:

9 EXHIBIT A Legal Description Private Tract G of plat for ALTERRA, as recorded in Plat Book Page of the public records of Hillsborough County, Florida