know all men by these presents, - … · this instrument prepared by: g. joseph harrison, esquire...
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This Instrument Prepared by: G. Joseph Harri son, Esquire
DYE, HARRISON, KIRK LAND, PETRUFF,
PRATT & ST. PAU L, PLLC
1206 Manatee Avenue West
Bradenton, Florida 34205
PARTIAL RELEASE OF PROPERTY FROM IMPACT FEE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that MANA TEE COUNTY, a political
subdivision of the State of Florida, ("County"), the authorizing and approving party under that
certain Creekwood Public Safety Pro Rata Share/Impact Fee Agreement ("Agreement") with
WILMA SOUTHEAST, INC., the Developer party, which Agreement is dated April 9, 1991 , and
recorded in Official Records Book 1331 , commencing at Page 2433 , of the Public Records of
Manatee County, Florida, given to approve and describe certain financial contributions as
described therein, has received partial payment of said financial obligations with respect to the
development of the hereinafter described property ("Property"), and that the County does hereby
release the Property hereinafter described from the lien and operation of said Agreement:
Lot 3, CREEKWOOD WEST COMMERCIAL PHASE I, recorded in Plat Book
35 , Pages 33 and 34, Public Records of Manatee County, Florida.
TOGETHER WITH those non-exclusive easements for private roads as shown on
Plat recorded in Plat Book 35 , Pages 33 and 34, Public Records of Manatee County,
Florida.
and such Property is forever freed , exonerated and discharged of and from the lien of additional
financial contributions due under the Agreement, and every part thereof; provided always,
nevertheless, that nothing herein contained shall in anywise impair, alter, or diminish the effect,
lien, financial obligation or requirements, or the encumbrance of the aforesaid Agreement on the
remaining part of the real property described in said Agreement which is not expressly hereby
released therefrom, or any of the rights and remedies of the County thereunder.
IN WITNESS WHEREOF, County has caused this Partial Release of Agreement to be
executed this 23 rd day of October, 2018.
[Signature Page to follow.]
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MANATEE COUNTY, a political subdivision of the State
of Florida
BY: BOARD OF COUNTY COMMISSIONERS,
FLORIDA
By: -~_..:.../WJ_~ Jil-'-----J_/vJIU __ _ Priscilla Trace, Chairman
ATTEST: ANGELINA COLONESSO CLERK OF THE CIRCUIT
COU~~NDCOMPTROLLER
By: - ~f'XQA j
Deputy Clerk
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October 23, 2018 - Regular Meeting Agenda Item #17
Subject Partial Release from Pro-Rata Share Impact Fee Agreement Briefings None Contact and/or Presenter Information Kathleen Thompson, AICP, Impact Fee Section Extension 3434 County Administration Action Requested
Authorization for the Chairperson to execute the following document:
● Partial Release of Property from Impact Fee Agreement
Enabling/Regulating Authority Manatee County Land Development Code, Chapter 11 Impact Fees Background Discussion
Manatee County approved a Development Order for a Development of Regional Impact (DRI) for CREEKWOOD.
As a condition of the Development Order (Z-84-76 approved September 2, 1985), under the Public Safety section, CREEKWOOD was required to contribute a pro-rata share of the cost to construct and equip the Sheriff’s Department portion of a public services building.
A separate "Public Safety Pro Rata Share" Impact Fee Agreement, detailing the pro-rata requirements, was adopted April 9, 1991.
The Agreement required the pro-rata share of the law enforcement component of impact fees be paid within thirty days from the date of each subsequent final site plan approval.
Pending the sale of a developed parcel located at 7305 SR 70 East (Parcel ID# 1731605159), the title company discovered the Public Safety Pro Rata Agreement and the sale cannot proceed due to a cloud on the title.
The parcel in question was approved and constructed as a gas station/convenience store (PDC-88-05/FSP 99-119). The pro-rata share of the law enforcement impact fee component was paid in November 2000.
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - October 23, 2018
Staff provided a copy of the paid receipt, but it did not satisfy the title company.
The attorney for the client is requesting the county sign a "Partial Release of Property from Impact Fee Agreement" in hopes of clearing title for this property.
Attached is the “Partial Release of Property from Impact Fee Agreement.”
Staff is requesting the Board of County Commissioners approve and authorize the Chair to sign the agreement.
Subsequent to approval, the attorney representing the property will record the partial release in public records.
County Attorney Review Other (Requires explanation in field below) Explanation of Other Mr. Bill Clague reviewed the Partial Release request and provided comments via email on September 28, 2018. Comments are attached. Reviewing Attorney Clague Instructions to Board Records Please provide an original agreement to Kathleen Thompson, Impact Fee Section, County Admin. (3rd floor). The client requires an original signature for filing in Public Records. Please return a copy to Kathleen Thompson at [email protected]. Cost and Funds Source Account Number and Name N/A Amount and Frequency of Recurring Costs N/A Attachment: RLS-CAO response PartialRelease.pdf Attachment: Partial Release per CAO- Impact Fee Agreement.pdf
Manatee County Government Administrative CenterCommission Chambers, First Floor
9:00 a.m. - October 23, 2018
09/28/2018 Creekwood Invest; Law Enforce Impact Fee Credits; CAO Matter No. 2018-0454 Kathleen: Pursuant to the above Request for Legal Services you have asked this Office to review a Release to the above referenced agreement. I provide the following advice in response:
1. Attached is a marked draft of the Release reflecting my suggested changes, which are intended for clarification and consistency with County practices.
2. The Release is properly styled for approval by the Board, which is legally required under Florida
law.
3. Please note that I have not reviewed the legal descriptions for the Release and the original agreement for accuracy, as such matters are beyond the scope of the RLS. I suggest you run them by the County Surveyor if there is any question as to accuracy.
Subject to the inclusion of my suggested changes and the resolution of any business issues identified by staff, I have no objection from a legal standpoint to the Release being scheduled for approval by the Board. I express no opinion as to the business judgment of approving the Release. This concludes my response to the RLS. Please let me know if you have any questions or concerns. William Clague, Assistant County Attorney Manatee County Attorney’s Office 1112 Manatee Avenue West Bradenton, FL 34205 (941)745-3750 [email protected]
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This Instrument Prepared by: G. Joseph Harrison, Esquire DYE, HARRISON, KIRKLAND, PETRUFF, PRATT & ST. PAUL, PLLC 1206 Manatee Avenue West Bradenton, Florida 34205
PARTIAL RELEASE OF PROPERTY FROM
IMPACT FEE AGREEMENT ____________________________________________________________
KNOW ALL MEN BY THESE PRESENTS, that MANATEE COUNTY, a political subdivision of the State of Florida, (“County”), the authorizing and approving party under that certain Creekwood Public Safety Pro Rata Share/Impact Fee Agreement (“Agreement”) with WILMA SOUTHEAST, INC., the Developer party, which Agreement is dated April 9, 1991, and recorded in Official Records Book 1331, commencing at Page 2433, of the Public Records of Manatee County, Florida, given to approve and describe certain financial contributions as described therein, has received partial payment of said financial obligations with respect to the development of the hereinafter described property (“Property”), and that the County does hereby release the Property hereinafter described from the lien and operation of said Agreement: Lot 3, CREEKWOOD WEST COMMERCIAL PHASE I, recorded in Plat Book 35, Pages 33 and 34, Public Records of Manatee County, Florida. TOGETHER WITH those non-exclusive easements for private roads as shown on Plat recorded in Plat Book 35, Pages 33 and 34, Public Records of Manatee County, Florida. and such Property is forever freed, exonerated and discharged of and from the lien of additional financial contributions due under the Agreement, and every part thereof; provided always, nevertheless, that nothing herein contained shall in anywise impair, alter, or diminish the effect, lien, financial obligation or requirements, or the encumbrance of the aforesaid Agreement on the remaining part of the real property described in said Agreement which is not expressly hereby released therefrom, or any of the rights and remedies of the County thereunder. IN WITNESS WHEREOF, County has caused this Partial Release of Agreement to be executed this 23rd day of October, 2018.
[Signature Page to follow.]
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MANATEE COUNTY, a political subdivision of the State of Florida BY: BOARD OF COUNTY COMMISSIONERS, FLORIDA By: Priscilla Trace, Chairman ATTEST: ANGELINA COLONESSO CLERK OF THE CIRCUIT COURT AND COMPTROLLER By: Deputy Clerk