HomeMy WebLinkAbout1986 - Extension and Subdivision AbandonmentPRo,'r wxA R,S .xc
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13051 5628919
Deborah C. Krages,
City of Sebastian
P. 0. Box 127
Sebastian, Florida
DAVID F. ALERECHT
PROP oxA AS4K1A21ox -,
ATTORNEY AND COUNSELOR tlTLAW
March 13, 1986 �
City Clerk
32958
Pu.•r Oen�r. Rox 2258
F,:RU nY.A il. FI�RIUA
921P61- 58
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Re: St. Sebastian - Extension and Subdivision Abandonment
Dear Mrs. Krages:
This letter is to review and confirm our recent telephone
conference and circumstances and developments to date concerning
the above -referenced matters.
First, the City Council, on December 18, 1985, approved St.
Sebastian's extension request until March 19, 1986, with the pro-
vision that the abandonment of subdivision documents be present
for that meeting and the appropriate deeds be ready and delivered
into the trust of the City by that time. If those requirements
are met, then the extension to June 21, 1986 is automatically
granted.
Second, attached hereto, I am forwarding you what we have to
date, in the form of abandonment of subdivision documents: our
request on behalf of The Sebastian Group, Ltd. for abandonment of
subdivision, with attachments. We reviewed the subdivision aban-
donment requirements set forth in your recent letter, and they are
as follows: proof of ownership for the properties sought to be
abandoned, certificates showing state and county taxes paid, appear-
ance before City Planning and Zoning Board for recommendations,
proof of advertisement, and direction of City Council to City
Attorney to prepare the ordinance for abandonment.
Third, in regard to the first requirement, proof of ownership,
I have attached to the subdivision abandonment request, copies of
the deeds whereby The Sebastian Group, Ltd. acquired the property
for which abandonment is sought. In the event further proof or
documentation is required, simply inform us what additional docu-
mentation is needed and we will furnish it as soon as possible.
Fourth, the requirement concerning the certificates from the
state and county relative to taxes, has been the main inhibiting
factor. The certificates cannot be obtained because the taxes have
not yet been paid due to economic circumstances; the taxes are not
deemed to be delinquent until April 1, 1986. We are hopeful and
optomistic we will be able to obtain the certificates through pay-
ment in the near future. However, and in the interim, we are suggesting
we proceed with all aspects of the abandonment such that final approval
will be contingent upon the obtaining of those certificates.
Fifth, in regard to the requirement of proof of advertising,
I understand you will accept this letter as my request and authority
to perform the requisite advertising requirements. Thereafter, I will
be notified when the matter will appear before the City Planning
and Zoning Board for recommendation to the Sebastian City Council.
The final requirement, direction from the City Council to the City
Attorney, would be addressed at the time of the public hearing and
recommendation from the Planning and Zoning Board to the City
Council.
Sixth, the second matter being addressed concerns the deeds
relative to the realignment of Main Street. In accordance with the
City Council's December 18, 1985 action, the Development Order and the
agreement and letter of intent, I am forwarding you nine deeds des-
cribing Parcels A, B, C, D-1, D-2, E, F, G and H. Deeds A through E
are suggested formats and legal descriptions whereby the various
parties: the City of Sebastian, The Sebastian Group, Ltd., Roger M.
Skillman and the U. S. Post Office, transfer and receive the therein -
described property which has been determined to be necessary for the
realignment of Main Street. Deeds marked Parcel A through E are not
yet executed. They are available for inspection and review of the
various grantors and grantees so they can be amended, corrected,
verified, formalized and then executed. Deeds for Parcels F, G and
H are the requisite deeds The Sebastian Group, Ltd. needed to
execute to complete its portion of the deeding and transferring
of property. Those particular deeds have been executed and are
being delivered to the City in escrow and trust in accordance with
the previous agreement and the Development Order.
All of the deeds, executed and un -executed, are being tendered
and delivered to show and evidence the intent and commitment of The
Sebastian Group, Ltd. to the realignment of Main Street. It is quite
possible that the deeds may need some corrections, modifications or
changes in the legal descriptions, parties or form of execution. It
is also possible they will need to be re -done subsequent to the com-
pletion of abandonment of the subdivision in order to obtain precise
and accurate legal descriptions based on the subdivision abandonment.
Seventh, along with the deeds, I am providing you with a copy of
the engineer's drawings for the realignment of Main Street, denoting
particular parcels, which was prepared prior to any subdivision
abandonment. I am sure the City Attorney, Tom Palmer, will want to
review the drawings and the deeds. However, for the information of
the Council and him, it is appropriate to point out that Parcels A
and H are the only two deeds relative to the actual right of way
of Main Street. We understand Mr. Skillman may have already deeded
his portion, Parcel A, to the City in escrow. The City now has the
deed of the other portion of Main Street, Parcel H, in trust and
escrow from The Sebastian Group, Ltd.; therefore, the City now has
in escrow, the executed deeds for the realignment of Main Street.
Finally, I am providing a copy of this letter and enclosures
to Mayor Harris and the City Attorney, Tom Palmer. I understand
the extension request of The Sebastian Group, Ltd. is scheduled and
on the agenda for the March 19th City Council meeting. In the event
a determination is made that the enclosures meet the requirements of
the December 18, 1985 action of the Council, such that attendance by
me or Mr. Vick is not required, please advise. In the event any of
you need any information, or if there are any matters vie need to
review prior to that time, please contact me.
Thank you for your time and consideration.
DFA/lc
Encs.
CC: Mayor Harris
Tom Palmer, City Atty.
i
si 1 P
DATE RCVD.
-0 COUNCIL
=ST ace%;DA DA7 3 /9
F,RST READINv
u�? AYES NAYS.
rI�LIC HFAR,1'i,3
SECCND READIN,3
VOTE. AYES N,�YS
June 20, 1986
Mr. Tom Palmer
Attorney at Law
City of Sebastian
Sebastian, Florida 32958
Re: Realignment of Main Street, Sebastian, Florida
Dear Mr. Palmer:
As you know, in January, 1986, The Sebastian Group, Ltd.,
via their attorney, Mr. David Albrecht, escrowed with you,
Quit -Claim Deeds executed on behalf of The Sebastian Group, Ltd.
that were required in an exchange of deeds necessary for the
realignment of Main Street. Also, at the same time, Mr. Albrecht
prepared and left with you, all other instruments that would need
to be executed from the City of Sebastian and Roger M. Skillman
in order to accomplish the exchange in said realignment. We have
just now been able to arrange our finances to acquire funds for
Payment of the taxes. The taxes have been paid and copies of the
tax receipts are forthcoming to you.
You will recall that at the time we escrowed our deeds with
you, we told you they should not be recorded until Partial Releases
of Mortgage were obtained.
A Partial Release of Mortgage from Carl R. Julian and American
Pioneer Savings Bank, the owners and holders of the mortgage previously
held by Central National Bank of Cleveland, was delivered to you in
person on Friday, June 20, 1986; and enclosed, you will find a Partial
Release of Mortgage from Tucker State Bank, both releases covering
the described properties set forth in the executed deeds previously
escrowed with you.
These Partial Releases of Mortgage are to be escrowed with you
until such time as our attorney, Mr. David Albrecht, can meet with
you and examine all instruments so we can be in a position to record
them at the earliest appropriatetime. He prepared and left with
you at the time he left our executed deeds, all instruments necessary
in the exchange for the realignment of Main Street. The copies of
the instruments left with you are enclosed herewith for your con-
venience and clarification. It is our understanding that Roger M.
Skillman has already executed and delivered, a set of deeds to the
City and we want you and our attorney, Mr. Albrecht, to examine
these particular deeds to see if the descriptions are correct and
in keeping with the descriptions furnished us by our engineer in
this realignment.
Page Two
It may require that I meet with you and Mr. Albrecht in checking
these instruments. I will be most happy to do so at your convenience.
When you, Mr. Albrecht and I are satisfied that all instruments
are correct and legal descriptions are accurate, we can prepare the
necessary instruments to protect our mortgage holders on the pro-
perty being conveyed to The Sebastian Group, Ltd. in this exchange
and then all instruments can be recorded.
Thank you for all of your help in the past on our project
and we look forward to working with you and the City of Sebastian
in the future.
Sincer y,
�/ i
EDWARD H. VICK, � Partner
The Sebastian Gro. , Ltd., a
Florida Limited Partnership
310 S. Dillard St., #210
Winter Garden, Fla. 32787
EHV/ev
Encs.
PARTIAL RELEASE OF MORTGAGE
TUCKER STATE BANK, a Florida Banking Corporation, the owner
and holder of that certain mortgage from THE SEBASTIAN GROUP, LTD.,
a Florida Limited Partnership, to TUCKER STATE BANK, a Florida
Banking Corporation, dated September 27, 1983, and recorded in
Official Records Book 675, page 265, public records of Indian River
County, Florida, hereby release from the lien of that mortgage the
following described real property in Indian River County, Florida,
to -wit:
PARrri. F
From the intersection of the East line of Section 1, Township
31 South, Range 38 East, Indian River County, Florida, and
the Southerly line of the Fleming Grant, run S 0022127" W
along said East line 8f said Section 1, a distance of 410.35
feet; thence run N 65 05144" E a distance of 41.26 feet
to the Point of Beginning of the herein described parcel,
thence continue N 65005144" E a distance of 235.22 feet;
thence run S 0022127" W a distance of 35.60 feet to a Point
of Curvature; thence along said curve, having a radial bearing
of N 29017156" W a radius of 505.0 feet, a central angle
of 25026'11", an arc distance of 224.19 feet to the Point
of Beginning. Containing 0.1292 acres, more or less, and
subject to easements and road rights of way of record.
PARrFI. r
From the intersection of the EAst line of Section 1, Township
31 South, Range 38 East, Indian River County, Florida, and
the Southerly line of the Fleming Grant, run S 0022127" W
along said East line of said Section 1, a distance of 410.35
feet, thence run N 65005'44" E a distance of 276.47 feet
to the Point of Beginning of the herein described parcel,
thence continue N 65005144" E a distance of 427.70 feet,
thence run S 45008152" W a distance of 9.90 feet to a Point
of Curvature• thence along said curve, having a radial bearing
of N 44051108" W a radius of 505.0 feet, a central angle
of 15033112", an arc distance of 137.09 feet; thence run
N 0022'27" E a distance of 35.60 feet to the Point of Beginning.
Containing 0.0590 acres, more or less, and subject to easements
and road rights of way of record.
PARCEL H
Curvature; thence along said curve, having a radial bearing
of S 21051114" E a radius of 415.0 feet, a central angle
of 22059154", an arc distance of 166.58 feet; thence run
S 45008152" W a distance of 58.55 feet; thence run
S 65005144" W a distance of 362.92 feet to a Point of Curvature;
thence along said curve, having a radial bearing of
N 3051'45" W a radius of 505.0 feet, a central angle of
4014112", an are distance of 37.34 feet; thence run
N 0022127" E a distance of 35.0 feet to a Point of Curvature;
thence along said curve, having a radial bearing of N 0022127"
E a radius of 1539.56 feet, a central angle of 2047129", an
arc distance of 75.01 feet; thence run N 65005'44" E a distance
of 82.92 feet to the Point of Beginning. Containing 0.9805
acres, more or less, and subject to easements and road rights
of way of record.
without effecting the lien of that mortgage upon the remaining real
property described therein.
DATED THIS _�� day of June, A. D. 1986.
ATTEST,
�� TUCKER STATE BANK
CASHIER SEAL
PRESIDENT
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 20 th
day of June, A. D. 1986, by LARRY BLACKWELDER , as VICE PRESIDENT
and BARBARA QUAILS , as Secretary, of Tucker State
CASHIER
Bank on behalf of the corporation.
DATED this 20 tlday of Jun e, A. D. 1986.
DAVID L. WILDMAN, P. A.
ATTORNEY AT LAW
.C.C.Al P ... TICE
CORPORATION AND BUSINESS LAW
BANKRUPTCY
3'
David F. Albrecht, Esquire
P.O. Box 2258
L Vero Beach, FL 32960
COp�
POST .111.E .......
.S W. NEW NAVE. WV ...
DIELBOURNE, FLORIDA 32901
June 27, 1986
Re: The Sebastian Group, Ltd.
Dear Mr. Albrecht:
TCLE.... S 1.0.1 )..-ISO
I am herewith enclosing the original Partial Release of
Mortgage which has been executed by Roy Birrhoim, President, 427780
Ontario Limited, an Ontario Canada Corporation. This document is to
be held in trust by you subject to satisfaction of the following conditions.
1. Review and approval by the undersigned attorney of the
modification documentation to be used to add the .9311 acres of property
to the mortgage held by Ontario Limited. At the time of my last discussion
with Mr. 5 Mrs. Vick, the legal descriptions for this property were still
under review.
2. Confirmation in writing from The Sebastian Group, Ltd. to
427780 Ontario Limited, that in consideration for its cooperation in this
endeavor, The Sebastian Group, Ltd. will pay to 427780 Ontario Limited the
sun of $5,000.00 in addition to the sums presently due and owing, if and
when the project is either refinanced, developed'or sold.
3. Payment of the enclosed Billing Statement for the legal
services and expenses incurred by the undersigned in colleting this transaction.
Upon receipt of and
authorize you to deliv r
Please con act me if
Dua/sac
Enclosures
co: Roy Birnboim, w/enol.
Tom Palmer, Esq., w/encl.
Elaine Vick, w/enol.
three items, I am authorized to
enclosg Parjial Release of Mortgage.
questions or
DAVID L. WILDMAN. P A.
ATTORNEY AT LAW
P09t Of f�CE BOR 1030
$C W. NCW MAV EM AVCNYC
MELEOURNE, FLORIDA 38901
tuCPNONC Mom >za-mn
427780 Ontario Limited June 27, 1986
von Pno PEs s�oNAI CCNVICE9 in regard to 427780 Ontaiio Limited as detailed in the attached
ledger:
Attorney Pees (7.7 hrs. x $70.00) $539.00
Photocopies S Postage 20,00
Telephone Calls 62.50
BALANCE DDE $621.50
ii.Wx CYu b..un
izaox ib"!II
Abee In In USA SA
427780 ONTARIO LIMITED _
The Sebastian Group, Ltd
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Payments
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PARTIAL RELEASE OF MORTGAGE
427780 ONTARIO LIMITED, an Ontario, Canada Corporation, the
owner and holder of that certain mortgage from THE SEBASTIAN GROUP,
LTD., a Florida Limited Partnership, to 427780 ONTARIO LIMITED,
an Ontario, Canada Corporation,- dated April 14, 1983, and recorded
in Official Records Book 0661, pages 1720-1729, public records of
Indian River County, Florida, hereby release from the lien of that
mortgage the following described real property in Indian River
County, Florida, to -wit:
PARCEL F
From the'intersection of the East line of Section 1, Township
31 South, Range 38 East, Indian River County, Florida, and
the Southerly line of the Fleming Grant, run S 0022127" W
along said East line of said Section 1, a distance of 410.35
feet; thence run N 65005144" E a distance of 41.26 feet
to the Point of Beginning of the herein described"parcel,'"i
thence continue N 6S005144" E a distance of 235.22 feet;'
thence run S 0022127" 14 a distance of 35.60 feet to a Point
of Curvature; thence along said curve having a radialbearing
of N 29017'56" W a radius of 505.0 feet, a central angle
of 25026111", an arc distance of 224.19 feet to the Point
of Beginning. Containing 0.1292 acres, more or less, and
subject to easements and road rights of way of record.
PARCEL G
From the intersection of the East line of Section 1, Township
31 South, Range 38 East, Indian River County, Florida, and
the Southerly line of the Fleming Grant, run S 0022127" W
along said East line of said Section 1, a distance of 410.35
feet, thence run N 65005144" E a distance of 276.47 feet
to the Point of Beginning of the herein described parcel,
thence continue N 65005144" E a distance of 427.70 feet,
thence run S 45008152" W a distance of 9.90 feet to a Point
of Curvature; thence along said curve, having a radial bearing
of N 44051108" W a radius of 505.0 feet, a central angle
of 15033,112", an arc distance of 137.09 feet; thence run
v Ao',1 ,.0 v - ...-w.n.•e n. .c r'A Fee. -- +U- D _ ,.F Aan�nn.nn
of 22059'5411, an arc distance of 166.58 feet; thence,run
S 45008152" W a distance of 58.55 feet; thence run '
S 65005144" 14 a distance of 362.92 feet to a Point of Curvature;
thence along said curve, having a radial bearing of N 3951145" W
a radius of SOS.O feet, a central angle of 4014112", an arc
distance of 37.34 feet; thence run N 0022127" E a distance of
3S.0 feet to a Point of Curvature; thence along said curve,
having a radial bearing of N 0022127" E a radius of 1539.56 feet,
a central angle of 2047129", an arc distance of 75.01 feet;
thence run N 65005144" E a distance of 82.92 feet to the Point
of Beginning. Containing 0•.9805 acres, more or, less', and
subject to easements and road rights of way of record..
without effecting the lien of that mortgage upon the remaining real
property described therein.
DATED this day of June, A. D. 1986.
(CORPORATE
'SEAL)
WITNESSES:
1
CANADA
PROVINCE OF ONTARIO
427780iONTARIO LIMITED, an Ontario,
Canada Corporation
BY' V / SEAL
ROY BIRNBOIM, President
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the Country and Province aforesaid to take acknowl-
edgments, personally appeared ROY BIRNBOIM, President of 427780
ONTARIO LIMITED, and that he swore to and acknowledged executing
the foregoing Partial Release of Mortgage freely and voluntarily
under authority duly vested in him by said corporation and that
the seal affixed thereto is the true corporate seal of said corpora-