approval of the Release and Satisfaction of Property Donation Requirements (Burnt Store Road

Transcription

1 RESOLUTION A RESOLUTION OF THE CITY OF CAPE CORAL ACCEPTING A QUIT CLAIM DEED FROM ZREV FARM, LLC, FOR A 2.07 ACRE PARCEL LYING WITHIN SECTION 20, TOWNSHIP 43 SOUTH, RANGE 23 EAST; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A RELEASE AND SATISFACTION OF PROPERTY DONATION REQUIREMENTS (BURNT STORE ROAD PARCELS) AND A TERMINATION AND RELEASE OF OBLIGATIONS UNDER ANNEXATION AGREEMENT (INTERIOR PARCELS); PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2006, the City entered into two Annexation Agreements with the Trustee for the Zemel Family Trust, annexing approximately 1,400 acres into the City; and WHEREAS, the Burnt Store Road Parcels Annexation Agreement required that the Zemel Family Trust donate a parcel of land to the City for the purpose of developing a public safety facility; and WHEREAS, acceptance of the Quit Claim Deed attached hereto as Exhibit A will satisfy the above-referenced requirement of the Burnt Store Road Parcels Annexation Agreement, and approval of the Release and Satisfaction of Property Donation Requirements (Burnt Store Road Parcels) attached hereto as Exhibit B will clear the title to the other lands involved in the annexation; and WHEREAS, in the Interior Parcels Annexation Agreement, the Trustee for the Zemel Family Trust agreed to donate up to 185 acres ofland for apark site; however, due to staff concerns, this donation of land never transpired; and WHEREAS, approval of the Termination and Release of Obligations Under Annexation Agreement (Interior Parcels) attached hereto as Exhibit Cwill clear the title to the lands involved in the annexation; and WHEREAS, City staff recommends acceptance of the Quit Claim Deed and approval of the Release and Satisfaction of Property Donation Requirements (Burnt Store Road Parcels) and the Termination and Release of Obligations under Annexation Agreement (Interior Parcels); and WHEREAS, City Council desires to accept the Quit Claim Deed, approve the Release and Satisfaction ofproperty Donation Requirements (Burnt Store Road Parcels) and the Termination and Release of Obligations Under Annexation Agreement (Interior Parcels), authorize the Mayor to execute the Release and Satisfaction of Property Donation Requirements (Burnt Store Road Parcels) and the Termination and Release of Obligations under Annexation Agreement (Interior Parcels), and authorize payment of recording fees for the Quit Claim Deed in the estimated amount of $ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA, AS FOLLOWS: Section 1. The City Council hereby accepts the Quit Claim Deed attached hereto as Exhibit A, and authorizes payment of recording fees in the estimated amount of $ Section 2. The City Council hereby approves the Release and Satisfaction of Property Donation Requirements (Burnt Store Road Parcels) attached hereto as Exhibit B, and authorizes the Mayor to execute the Release and Satisfaction. Section 3. The City Council hereby approves the Termination and Release of Obligations under Annexation Agreement (Interior Parcels) attached hereto as Exhibit C, and authorizes the Mayor to execute the Termination and Release. Section 4. This Resolution shall take effect immediately upon its adoption.

2 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR COUNCIL SESSION THIS DAY OF, MARNI L. SAWICKI, MAYOR VOTE OF MAYOR AND COUNCILMEMBERS: SAWICKI BURCH CARIOSCIA STOUT LEON ERBRICK WILLIAMS COSDEN ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF REBECCA VAN DEUTEKOM, CITY CLERK APPROVED AS TO FORM: ^y^i^ jk DOLORES D. MENENDEZ CITY ATTORNEY res/accept Quitclaim Approve Releases Zemel

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12 THIS INSTRUMENT PREPARED BY: Denis H. Noah, Esq. P.O. Box 280 Fort Myers, FL RELEASE AND SATISFACTION OF PROPERTY DONATION REQUIREMENTS (BURNT STORE ROAD PARCELS) THIS RELEASE AND SATISFACTION OF PROPERTY DONATION REQUIREMENTS (BURNT STORE ROAD PARCELS) (the Release ) is dated this day of, 2016 given by the City of Cape Coral, a Florida municipal corporation, whose mailing address is Post Office Box , Cape Coral, Florida (the City ) hereby releases ZREV Farm, LLC, a Florida limited liability company, whose mailing address is c/o Chiesa, Shahinian & Giantomasi, One Boland Drive, West Orange, New Jersey and Jeffrey M. Gussoff, a successor trustee for the Zemel Family Trust, whose mailing address is c/o Chiesa, Shahinian & Giantomasi, One Boland Drive, West Orange, New Jersey (collectively ( ZREV Farm ). WHEREAS, City and ZREV Farm entered into an Annexation Agreement for the annexation into the City of certain parcels of land located in Sections 17 and 20, Township 43 South, Range 23 East, Lee County, Florida as described within said agreement, said Annexation Agreement being dated September 11, 2006 and recorded January 14, 2008 under Instrument No , Public Records of Lee County, Florida (the Annexation Agreement ); and WHEREAS, by instrument dated July 15, 2008, and recorded July 21, 2008, under Instrument No , Public Records of Lee County, Florida, City and ZREV Farm entered into a first addendum to the Annexation Agreement (the First Addendum ); and WHEREAS, the Annexation Agreement as amended by the First Addendum required ZREV Farm to donate a one hundred fifty-five foot (155 ) corridor as additional right-of-way for Burnt Store Road to Lee County as described in Exhibit A attached hereto and incorporated herein by reference (the Right-of-Way Parcel ) and required donation to City of a public safety parcel as more particularly described in Exhibit B attached hereto and incorporated herein by reference (the Public Safety Parcel ); and WHEREAS, ZREV Farm satisfied the requirement for the donation of the Rightof-Way Parcel by the delivery and recording of a quit claim deed to Lee County dated July 22, 2008, and recorded July 23, 2008, under Instrument No , Public Records of Lee County, Florida; and 1 Exhibit B

13 WHEREAS, ZREV Farm and City have agreed to shift the Public Safety Parcel fifty (50) feet to the south of its original location and to increase the non-exclusive access easement to 100 feet in width in order to connect the Public Safety Parcel to Burnt Store Road, said amended legal description for the Public Safety Parcel having been attached hereto and incorporated herein as Exhibit C (the Revised Public Safety Parcel ); and WHEREAS, City acknowledges that ZREV Farm has delivered to the City a fully executed quit claim deed conveying the Revised Public Safety Parcel to the City. W I T N E S S E T H: NOW, THEREFORE, in recognition of ZREV Farm s donation of the Right-of- Way Parcel and Revised Public Safety Parcel, City hereby acknowledges that ZREV Farm has fully satisfied all requirements of Paragraph 6 of the Annexation Agreement as amended by the First Addendum and hereby releases ZREV Farm and the annexed land from any further obligations under said Paragraph 6 of the Annexation Agreement as amended by the First Addendum. IN WITNESS WHEREOF, the City of Cape Coral, Florida has caused this Release to be executed by its Mayor and affixed its official seal, attested to by its City Clerk, pursuant to the authorization of the Cape Coral City Council, on the day and year indicated below. CITY OF CAPE CORAL, FLORIDA, a Florida municipal corporation Dated: By: Marni Sawicki, Mayor ATTEST: Rebecca van Deutekom, City Clerk APPROVED AS TO FORM Dolores D. Menendez, City Attorney #

14 EXHIBIT A RIGHT-OF-WAY PARCEL A parcel of land for road right of way purposes being the westerly feet of lands described in Official Records Book 4851, Page 1643, of the Public Records of Lee County, Florida, being part of Section 20, Township 43 South, Range 23 East, Lee County, Florida described as follows: Commence at the northwest corner of said Section 20; Thence North East along the north line of said Section 20 a distance of feet to a point on the easterly right of way line of Burnt Store Road (County Road 765) and the Point of Beginning; Thence continue North " East along the north line of said Section 20 a distance of feet; Thence South " West a distance of 2, feet to an angle point; Thence South West a distance of 1, feet; Thence North West a distance of feet to a point on the easterly right of way line of Burnt Store Road (County Road 765) said point being feet from the centerline; Thence North 00 14'02" East along said easterly right of way line a distance of 1, feet to an angle point; Thence continue North 00 13'15" East along said easterly right of way line a distance of 2, feet to the Point of Beginning. 3

15 EXHIBIT B PUBLIC SAFETY PARCEL Commencing at the Northwest corner of the Northeast ¼ of Section 20,Township 43 South, Range 23 East, Lee County Florida; Thence Run N89 37'56"E along the North line of said Northeast ¼ a distance of feet; Thence departing said North line Run S15 46'07"E a distance of feet to the point of beginning. Said point lying on a line feet Southerly of and parallel to said North line; Thence continue S15 46'07"E a distance of feet; Thence Run S49 17'46"E a distance of feet to a point of intersection with a line feet Southerly of and parallel to aforesaid North line of the Northeast ¼ of Section 20; Thence Run S89 37'56"W along said parallel line a distance of feet; Thence departing said parallel line, Run N00 22'04"W along a line perpendicular to said parallel line a distance of feet to a point of intersection with a line of feet Southerly of and parallel to said North line of the Northeast ¼ of Section 20; Thence Run N89 37'56"E along said parallel line a distance of feet to the point of beginning. 4

16 EXHIBIT C REVISED PUBLIC SAFETY PARCEL A PARCEL OF LAND IN SECTION 20, TOWNSHIP 43 SOUTH, RANGE 23 EAST, LEE COUNTY, CITY OF CAPE CORAL, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE N.89 37'06"E., ALONG THE NORTH LINE OF SAID SECTION 20, A DISTANCE OF FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 20; THENCE N.89 37'56"E. CONTINUING ALONG THE SAID NORTH LINE OF SECTION 20, A DISTANCE OF FEET TO AN INTERSECTION WITH THE EAST LINE OF THAT CERTAIN FIRST PARCEL DESCRIBED IN EXHIBIT "A", SHEET 3 OF 4, INSTRUMENT NO , PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE S.15 46'07"E. ALONG SAID EAST LINE A DISTANCE OF FEET TO THE POINT-OF-BEGINNING OF THIS DESCRIPTION; THENCE S.15 46'07"E., CONTINUING ALONG BOUNDARY OF SAID CERTAIN FIRST PARCEL, A DISTANCE OF FEET; THENCE S.49 17'46"E., CONTINUING ALONG SAID BOUNDARY OF FIRST PARCEL, A DISTANCE OF FEET; THENCE S.89 37'56"W. ALONG A LINE LYING 300 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES, AND PARALLEL TO THE SAID NORTH LINE OF THE NORTHEAST-QUARTER OF SECTION 20, A DISTANCE OF FEET; THENCE N.00 22'04"W. A DISTANCE OF FEET; THENCE N.89 37'56"E., ALONG A LINE LYING FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES, AND PARALLEL TO THE SAID NORTH LINE OF THE NORTHEAST- QUARTER, A DISTANCE OF FEET TO THE SAID POINT-OF-BEGINNING OF THIS DESCRIPTION. CONTAINING 2.07 ACRES, MORE OR LESS. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF LAND IN SECTION 20, TOWNSHIP 43 SOUTH, RANGE 23 EAST, LEE COUNTY, CITY OF CAPE CORAL, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID SECTION 20; THENCE N.89 37'06"E., ALONG THE NORTH LINE OF SAID SECTION 20, A DISTANCE OF FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF BURNT STORE ROAD, AS DESCRIBED IN QUIT-CLAIM DEED RECORDED AS CLERK'S INSTRUMENT NUMBER , PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND THE POINT-OF- BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING N.89 37'06"E., ALONG SAID SECTION LINE, A DISTANCE OF FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 20; THENCE N.89 37'56"E., CONTINUING ALONG THE SAID NORTH LINE OF SECTION 20, A DISTANCE OF FEET TO AN INTERSECTION WITH THE EAST LINE OF OF 5

17 THAT CERTAIN FIRST PARCEL DESCRIBED IN EXHIBIT "A", SHEET 3 OF 4, INSTRUMENT NO , PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE S.15 46'07"E., ALONG SAID EAST LINE, A DISTANCE OF FEET; THENCE S.89 37'56"W. ALONG A LINE LYING FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES, AND PARALLEL TO THE SAID NORTH LINE OF SECTION 20, A DISTANCE OF FEET; THENCE S.89 37'06"W., CONTINUING ALONG A LINE LYING 100 FEET SOUTH OF AND PARALLEL TO THE SAID NORTH SECTION LINE, A DISTANCE OF FEET TO AN INTERSECTION WITH THE SAID EASTERLY RIGHT-OF-WAY LINE OF BURNT STORE ROAD; THENCE N.0 13'15"E. ALONG SAID RIGHT-OF-WAY LINE, LYING FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES, AND PARALLEL TO THE WEST LINE OF SAID SECTION 20, A DISTANCE OF FEET TO THE SAID POINT-OF-BEGINNING OF THIS DESCRIPTION. BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLDGES THAT THE FOREGOING EASEMENT IS INTENDED TO AFFORD ACCESS BETWEEN THE LAND CONVEYED BY THIS DEED AND BURNT STORE ROAD. 6

18 THIS INSTRUMENT PREPARED BY: Denis H. Noah, Esq. P.O. Box 280 Fort Myers, FL TERMINATION AND RELEASE OF OBLIGATIONS UNDER ANNEXATION AGREEMENT (INTERIOR PARCELS) THIS RELEASE OF OBLIGATIONS UNDER ANNEXATION AGREEMENT (INTERIOR PARCELS) (the Release ) is dated this day of, 2016, given by the City of Cape Coral, a Florida municipal corporation, whose mailing address is Post Office Box , Cape Coral, Florida (the City ) in favor of ZREV Farm, LLC, a Florida limited liability company, whose mailing address is c/o Chiesa, Shahinian & Giantomasi, One Boland Drive, West Orange, New Jersey and Jeffrey M. Gussoff, a successor trustee for the Zemel Family Trust, whose mailing address is c/o Chiesa, Shahinian & Giantomasi, One Boland Drive, West Orange, New Jersey (collectively ZREV Farm ). WHEREAS, by instrument dated September 11, 2006, and recorded January 14, 2008, under Instrument No , Public Records of Lee County, Florida, City and ZREV Farm entered into an annexation agreement for the annexation into the City of certain parcels of land located in Sections 20, 21 and 22, Township 43 South, Range 23 East, Lee County, Florida (the Annexation Agreement ); and WHEREAS, Paragraph 6 of the Annexation Agreement required ZREV Farm to donate to the City a parcel for park purposes consisting of up to one hundred eighty-five (185) acres (the Park Parcel ), provided the City met all of the conditions precedent set forth in Paragraph 6(A)(1) of the Annexation Agreement; and WHEREAS, Paragraph 16 of the Annexation Agreement provided that, if the City failed to meet the conditions precedent to the donation of the Park Parcel as set forth in Paragraph 6(a)(1)(b) and Paragraph 6(a)(1)(c) of the Annexation Agreement within four (4) years from the date of the Annexation Agreement (the Conditions Precedent ), ZREV Farm s obligations under the Annexation Agreement would be terminated; and WHEREAS, the City failed to meet the Conditions Precedent set forth in Paragraph 6(a)(1)(b) and Paragraph 6(a)(1)(c) of the Annexation Agreement within four (4) years from the date of the Annexation Agreement; and WHEREAS, Paragraph 16 of the Annexation Agreement provides for the recording of an instrument acknowledging that ZREV Farm s obligations to donate the 1 Exhibit C

19 Donated Park Parcel (as defined in the Annexation Agreement) have been terminated and released. W I T N E S S E T H: NOW, THEREFORE, in recognition of the failure of the Conditions Precedent, City hereby acknowledges that ZREV Farm s obligations under the Annexation Agreement to donate the Donated Park Parcel have fully terminated, the land annexed pursuant to the Annexation Agreement shall remain annexed into the City and City hereby fully releases ZREV Farm and the annexed land from any further obligations under Paragraph 6 of said Annexation Agreement. IN WITNESS WHEREOF, the City of Cape Coral, Florida has caused this Release to be executed by its Mayor and affixed its official seal, attested to by its City Clerk, pursuant to the authorization of the Cape Coral City Council, on the day and year indicated below. CITY OF CAPE CORAL, FLORIDA, a Florida municipal corporation Dated: By: Marni Sawicki, Mayor ATTEST: Rebecca van Deutekom, City Clerk APPROVED AS TO FORM Dolores D. Menendez, City Attorney #