HomeMy WebLinkAbout1992 Ltr from Charles NashGARY B. FRESEt
.TAMES H. FALLACE
CHAIZEES IAN NASH*
VINCENT G. TORPY. JR.
RICHARD E. TORPY
GREGORY S. HANSEN
J. PATRICK ANDERSON
LAURA L. ANDERSON
WILLIAM A. GRIMM
OF COUNSEL
FRE SE , FAEI.,AC E , NASH & T ORPY, P. A.
ATTORNEYS AT LAW
April 2, 1992
Michael L. Hudkins, Finance Director
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978 -0127
Re: Bettina Boudrot Property
Our File No. 88 -2882
Dear Mike:
930 S. HARBOR CITY BLvD.
SUITE 505
MELBOURNE. FLORIDA 32901
(407) 984 -3300
FAX (407) 951 -3741
t BOARD CERTIFIED IN
TAXATION
'BOARD CERTIFIED IN
ESTATE PLANNING AND PROBATE
In response to your letter to me of March 30, 1992, please be
advised that I reviewed the enclosures therein and offer the
following comments:
1. With respect to the warranty deed to be made to the City
of Sebastian from Bettina Boudrot, the deed should
indicated her marital status (e.g. a single adult or a
married adult), and indicate that the City of Sebastian
is a municipal corporation existing under the laws of the
State of Florida, and also indicate the mailing address
for the City of Sebastian;
2. The deed to made by the City of Sebastian to Bettina
Boudrot should also indicate her marital status, should
indicate that the City of Sebastian is a municipal
corporation existing under the laws of the State of
Florida, and should be in the form of a quit -claim deed,
rather than a warranty deed;
3. Each of the surveys performed by Morgan & Eklund, Inc.
should be certified in favor of the City of Sebastian,
Bettina Boudrot and the title insurance company that will
be issuing a policy of title insurance to the City of
Sebastian for the property being conveyed to the City of
Sebastian by Ms. Boudrot;
4. Ms. Boudrot should be providing us with a larger parcel
of land in light of the fact that she is asking us to
convey a parcel of land which is 95.63 square feet;
Mr. Michael L. Hudkins
April 2, 1992
Page 2
5. An agreement should be entered into by the City of
Sebastian and Ms. Boudrot whereby Ms. Boudrot agrees to
this exchange and agrees to provide the City of Sebastian
with an owner's policy of title insurance issued to the
City of Sebastian with no exceptions;
6. The agreement with Ms. Boudrot should provide that Ms.
Boudrot is to pay all property taxes for the parcel being
conveyed to the City of Sebastian by Ms. Boudrot through
the date of closing, based on the property taxes for that
parcel for the previous year;
7. The City of Sebastian should obtain at least a Phase 1
environmental audit indicating that there is no
environmental contamination of the parcel to be conveyed
by Ms. Boudrot to the City of Sebastian.
I am returning with this letter copies of the documents you sent
to me with notes that I have made on them. Note the fact that the
property that we are supposed to receive from Ms. Boudrot per the
survey she had is only 67.65 square feet, whereas, the property she
desires the City of Sebastian convey to her is 95.63 square feet.
I would recommend that you discuss this matter further with Robb
McClary and Bruce Cooper. Please call me if you have any questions
regarding this matter.
Very truly yours,
FRrrles!Ian ALLACE, NASH & TORPY, P.A.
Ch Nash
City Attorney
CIN /niz
Enclosures as stated
cc: Robert S. McClary, City Manager
w /copies of enclosures
Bruce Cooper, Director of Community Development
w /copies of enclosures