HomeMy WebLinkAbout448 Hillside Mobile Park, Inc. - Satisfaction of Resolution 448 CITY OF ZEPHYRHILLS
"City of Pure Water"
VJ/\! 5335 Eighth Street • Zephyrhills, Florida 33542-4312
(813) 780-0000 • Fax (813) 780-0005
GENE WHITFIELD
Mayor
February 9,2017
CITY COUNCIL
KENNETH V.COMPTON
Council President Paul G. Schlichte,Esq.
2134 Hollywood Blvd.
W.ALAN KNIGHT Hollywood,FL 33020
Vice President
Re: Satisfaction of Resolution No.:448
KENNETH M.BURGESS,
JR.
Dear Mr. Schlichte:
CHARLES E.PROCTOR
Enclosed please find the Original Satisfaction of Resolution No.:448,which has been executed by
LANCE A.SMITH the City Manager.
Should you need anything further,please do not hesitate to give me a call.
Thanking you,I remain,
STEVEN F.SPINA
City Manager
Very truly yours,
LORI L.HILLMAN
City Clerk,CMCf I,-
MATTHEW E.MAGGARD Matthew E.Maggard, q.
City Attorney
MEM
Sent via FedEx Overnight
Tracking No.: 8683 4982 1545
Return to:
Ray A. Schlichte,Jr., P-A.
2134 Hollywood Blvd.
Hollywood, FL 33020
This Instrument Prepared By:
Paul G.Schlichte, Esq.
2134 Hollywood Blvd.
Hollywood, FL 33020
Property Appraisers I.D. Folio No.: 01-26-21-0000-00100-0000
SATISFACTION OF RESOLUTION
KNOW ALL MEN BY THESE PRESENTS
That , City of Zephyrhills, Florida
does hereby acknowledge complete satisfaction of that certain Resolution No.:448 entered between City of
Zephyrhills, Florida and Hillside Mobile Park, Inc. in the amount of$414,133.00 bearing the date of
August 10, 1998 and recorded August 13, 1998 ,in Official Records Book 3988,Page 256 of 1 te
Public Records of Pasco County, State of Florida„ upon the property situate in said State a id
County described as follows,to-wit:
The Southwest 1/4 of the Northeast 1/4 of Section 1,Township 26 South,Range 21 East,Pasco
County,Florida;LESS the North 528 feet thereof;LESS road rights of way.
AND LESS that part of the Southwest 1/4 of Northeast 1/4 of Section 1,Township 26 South,
Range 21 East,Pasco County,Florida,lying within 50 feet of the survey line of SR 54,Section
14090,said survey line being descltibed as follows:
Begin at the Southwest comer of the Northwest 1/4 of Section 1,Township 26 South,Range 21
East; run thence North 89'056'28"East,5333.02 feet to the Southeast comer of the Northeast
1/4 of said Section 1.
hereby acknowledges full payment and satisfaction of said resolution, and surrenders the same LS
canceled, and hereby directs the Clerk of said Circuit Court to cancel the same of record.
Signed, sealed and delivered in the P resence11of:
City of Zephyrhills,Florida
By:._______________________
Witness Signature r=
F �it\Jfl (print nam )
O1Pr MA-NA 6 5('2 (title)
Printed Name
Witness Signature
.tali i /, /�j22/ ✓
Printed Name
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing instrument was acknowledged before me this day of February, 2017,
L cx $6 i. as & r title)for and on behalf of the City of Zephyrhills,Florid a,
is personally known tome or[ ]who hs produced as id t fication.
_______________ J - :(1 - c &NOTARY PUBLIC-STATE OF FLORIDA
,, ,. JESSICA CARTER My Commission Expires:
� MY COMMISSION#GG 016467 P
r P r EXPIRES:July 28,2020
•'••:oP i�°.� Bonded Thru Navy Public Underwriters
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT COMMITMENT
Schedule A Schedule B-I
Fund File Number: Agent's File Reference:
Fund File Number:385705 Al 385705 Al Hillside Mobile Home Park
Effective Date: Agent's File Reference: Premium:
I. The following are the requirements to be complied with:
January 24.2017 at 11:00 PM Hillside Mobile Home Park
I. I. Payment of the full consideration to,or for the account of,the grantors or mortgagors.
Policy or Policies to be issued: Proposed Amount of Insurance:
2. Instruments creating the estate or interest to be insured which must be executed,delivered and filed for
OWNER'S: ALTA Owner's Policy(06/17/06).(With Florida Modifications) $7,800,000.00 record:
A. Warranty Deed from Hillside Mobile Home Park,Inc.,a Florida Corporation,to the proposed
Proposed Insured:Hillside MHP RV LLC,a Florida limited liability company insured purchaser.
B. Mortgage from Hillside MHP RV LLC,a Florida limited liability company to the proposed
MORTGAGEE:ALTA Loan Policy(06/17/06).(With Florida Modifications) $5,025,000.00 insured mortgagee(s).
Proposed Insured:Fannie Mae and/or SonTrust Bank,a Georgia banking corporation,their successors and/or 3. A search commencing with the effective date of this commitment must be performed at or shortly prior to
assigns,as their interests may appear the closing of this transaction. If this search reveals a title defect or other objectionable matters,an
endorsement will be issued requiring that this defect or objection be cleared on or before closing.
MORTGAGEE: 4. Good standing under the State of Florida for Hillside Mobile Home Park,Inc.,a Florida Corporation,has
Proposed Insured: been verified as of the certification date of this commitment. Satisfactory evidence must be famished
establishing that Hillside Mobile Home Park,Inc.,a Florida Corporation,remains in good standing under
the laws of Florida at date of the insured purchase and sale.
2. The estate or interest in the Land described or referred to in this Commitment is
5. Satisfactory evidence must be furnished establishing that the subject property does not constitute all or
FEE SIMPLE substantially all of the assets of Hillside Mobile Home Park,Inc.,a Florida Corporation. If it does,
satisfactory evidence must be provided complying with Sec.607.1201 or Sec.607.1202,F.S.
3. Title to the FEE SIMPLE estate or interest in the Land is at the Effective Date vested in: 6. Record corporate resolution of the Board of Directors of Hillside Mobile Home Park,Inc.,a Florida
Corporation,authorizing the execution of Warranty Deed,if required by TN l 1_05_03
Hillside Mobile Florae Park,Inc.,a Florida Corporation 7. Good standing under the State of Florida for Hillside MHP RV LLC,a Florida limited liability company,
4. The Land referred to in this Commitment is described as follows: has been verified as of the certification date of this commitment. Satisfactory evidence must be furnished
establishing that Hillside MHP RV LLC,a Florida limited liability company,remains in good standing
See Exhibit A
under the laws of Florida at date of the insured purchase and sale and/or loan.
8. Intentionally deleted.
9. Affidavit of compliance with statutory requirements pursuant to Sec.723.072,F.S.,must be recorded in the
public records,or in the alternative,an affidavit from the park owner that no homeowner's association has
been formed pursuant to Sees.723.075-.079,F.S.
10. Affidavit to be executed by a knowledgeable person stating: I)There are no matters pending against the
(owner/seller/mortgagor)that could give rise to a lien that would attach to the property between the
effective date of this commitment,and the recording of the interest to be insured.2)Thal the
(owner/seller/mortgagor)(s)have not and will not execute any instruments that would adversely affect the
interest lobe insured.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY II. A determination must be made that there are no unrecorded special assessment liens or unrecorded liens
400 Second Arenue Sooih,Minneapolis,MN 55401,(6121 3 7 1-1 1 1
arising by virtue of ordinances,unrecorded agreements as to impact or other development fees,unpaid
waste fees payable to the county or municipality,or unpaid service charges under Ch.159,F.S.,or county
Issuing Agent: Agent No.: 2071200
ordinance.
Andrew L.Reiff 12. Confirmation from all parties in possession setting forth the nature of their rights of possession for purposes
135 W Orlral Boulevard Suite 730, of specifically making an exception that identifies those tenants and the nature of their rights in Schedule B
Orlando,FL 32801 of the policy and an affidavit from owner(s)confirming no other persons in possession.In the alternative,
an exception shall be made for rights of the lessees under unrecorded leases or for rights of parties in
Ag is store _ possession.In the alternative,Affidavit from a person having actual knowledge,establishing that no person
Andrew L.Reiff other than the owner is in possession.
Fors CF6-SCII.-A(rev.12110)(Wish Florida Moditicauone) Fono CF6-Schedule B-I Irev.12/10)
Page 2 of 6
Page 1 of 6
C
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT COMMITMENT
Schedule B-I(continued) Schedule B-I(continued)
Agent's File Reference:
Fund File5 A 385705 Al Hillside Mobile Home Park Fund File Number: Agent's File Reference:
Fund Number: Hillside Mobile Home Park
385713. A survey meeting The Fund Title Note requirements must be furnished. If such survey reveals any
encroachments,overlaps,boundary line disputes,or other adverse matters,they will appear as exceptions in are executed by a manager or member authorized pursuant to the Operating Agreement.If the regulations
the policy be erla o upon this commitment.ot. or operating agreement are not produced,then all of the members of the limited liability company,or a
majority of the members-in-interest per Sec.605.0102(37),F.S.,if the number of the members is
14. The policy to be issued based upon this commitment will not contain an exception for easements or claims substantial,must execute an affidavit consenting to the transaction.The affidavit shall establish the names
of easements not shown by the public records,provided that: (i)the survey,meeting The Fund Title Note's of all of the current members of the limited liability company and their interests.(as to Hillside MHP RV
requirements,does not disclose the existence of any unrecorded easements;and(ii)the affidavit of the LLC)
owner,or other person with actual knowledge,establishes that there are no unrecorded easements or claims
22.A determination should be made that the member or manager authorizing the transaction or executing the
of easements In existence. instruments to be insured is not a debtor in bankruptcy and has not been a debtor in bankruptcy since
15. Affidavit from a reliable person must be furnished establishing that more than 90 days has elapsed since the becoming a member or manager of the limited liability company.If the LLC is a sole member LLC,then a
completion of all improvements for which payment has not been made in full. determination should be made that there are no creditors who have acquired or are attempting to acquire
control of the LLC by executing on or attaching or seizing the member's interest in the LLC.These
16. On January I,2017,the property became subject to real property taxes for that calendar year,although they
will not be due or payable until the following November 1. determinations may be made by an affidavit of the member executing the instruments to be insured.(as to
Hillside MHP RV LLC)
17. at certain Notice of Commencement recorded under O.R.Book 9465.Page 2529,Public Records of 23. A determination should be made that the limited liability company is not one of a family or group of
Paco County,Florida,shall be deleted when the following requirements are met:(I)Obtain an Owner's entities. If the limited liability company is one of a family or group of entities,determine that none of the
Affidavit which contains the following:(a)names and addresses of all persons serving notice to owner other entities in this family or group of entities is a debtor in bankruptcy.For these determinations Fund
pursuant to Sec.713.06(2),F.S.,(or if none received,the affidavit should so state),(b)a statement that a members may rely on an affidavit of the person executing the instruments to be insured. In the event that
personal inspection of the property was made to determine whether persons posted a notice to owner on the one or more of the other entities is a debtor in bankruptcy,Fund Underwriting Counsel must approve the
property,(c)the names and addresses of all persons having privity of contract with the owner under Sec. transaction before title is insured.(as to Hillside MHP RV LLC)
713.05,F.S.,(d)a statement that the improvement described in the notice of commencement has been 24. A determination should be made that the member or manager authorizing the transaction or executing the
completed.(identifying the notice by the book and page where recorded),(e)a statement that the owner has instruments to be insured has not become dissociated pursuant to Sec.605.0302(11),F.S.(by filing a
obtained the affidavit required by Sec 713.06(3xdxl),F.S.,from all parties having privily of contract with statement of dissociation),Sacs.605.0212,605.0601,or 605.0602,F.S.,nor has that person wrongfully the owner under Sec.713.05,F.S.,and(I)(f)a a statement that I)all persons serving notice to owner,and 2)all caused dissolution of the company.For these determinations Fund members may rely on an affidavit of the
persons having privity of contract with the owner ander713.ec.713.05,F.S.,have been paid in full. (2)A person executing the instruments to be insured.(as to Hillside MHP RV LLC)
Waiver and Release upon Final Payment under Sec.713.20(5),most be obtained from:I)all persons
serving notice to owner,and 2)all persons having privity of contract with the owner under Sec,713.05, 25t Record satisfeation of Resolution No.448 Establishing a Special Assessment upon Property to be Benefited
F.S.(as Identified in the owner's affidavit above). by Extension of and Connection to the Zephyrhills Municipal Water and Sewer System recorded August
13,1998,in O.R.Book 3988.Page 256,Public Records of Pasco County,Florida.
It.Because The Company has recently issued a product with another proposed insured purchaser on the same
property,the Title Agent must determine that any and all prior contracts to sell and purchase the subject
property have been effectively terminated,mutually released or assigned to the present proposed insured
purchaser and that no other person can claim a right to purchase.See Title Notes 7.01.01 and 9.02.01.If
questions,call Underwriting(800-432-9594).
19. If the LLC is relying on a Statement of Authority for the execution of instruments to be insured,confirm
that the person executing the instruments to be insured has the authority to bind the LLC pursuant to a
Statement of Authority granting said person the authority to transfer or enter into other transactions relating
to real property held by the LLC.Said Statement of Authority must be flied with the Florida Department of
State and a certified copy must be recorded in the official records of the county where the property lies.A
determination must also be made that there is no subsequent Statement limiting that person's authority.(as
to Hillside MHP RV LLC)
20. If there Is no Statement of Authority filed with the Florida Department of State and recorded in the official
records of the county where the property lies authorizing the person executing the documents in the current
transaction,confirm that the person executing the instruments to be insured is identified as a manager of a
manager-managed,or a member of a member-managed limited liability company pursuant to the Articles
of Organization or last annual report filed after the year of formation with the Florida Department of State,
and that there is he subsequent Statement filed with the Florida Department of State or recorded in the
official records of the county where the property lies limiting that manager/member's authority.(as to
Hillside MHP RV LLC)
21. Where there is knowledge that the information filed with the Florida Department of State is inconsistent
with the Operating Agreement of the limited liability company,confirm that the instruments to be insured
Form CF6•Schedule B-I conrinucd(rev.12110) Fonn CF6-Schedule B-I wmieued(mv.12/10)
Page 3 of 6 Page 4 of 6
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT COMMITMENT
Schedule B-II Exhibit A
Fund File Number: Agent's File Reference:
385705 A I Hillside Mobile Home Park Fund File Number: Agent's File Reference:
385705 Al Hillside Mobile Home Park
II. Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the The Southwest 1/4 of the Northeast 1/4 of Section I,Township 26 South,Range 21 East,Pasco
same are disposed of to the satisfaction of the Company:
County,Florida;LESS the North 528 feet thereof;LESS road rights of way.
1. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the Public
Records or attaching subsequent to the Effective Date hereof but prior to the date the Proposed Insured AND LESS that part of the Southwest 1/4 of Northeast 1/4 of Section 1,Township 26 South,Range
acquires for value of record the estate or interest or Mortgage thereon covered by this Commitment. 21 East,Pasco County,Florida,lying within 50 feet of the survey I ine of SR 54,Section 14090,
2.a.General or special taxes and assessments required to be paid in the year 2017 and subsequent years. said survey line being described as follows:
b.Rights or claims of parties in possession not recorded in the Public Records. Begin at the Southwest comer of the Northwest 1/4 of Section 1,Township 26 South,Range 21
c.Any encroachment,encumbrance,violation,variation,or adverse circumstance that would be disclosed by East;run thence North 89°56'28"East,5333.02 feet to the Southeast comer of the Northeast 1/4 of
an inspection or an accurate and complete land survey of the Land and inspection of the Land. said Section I.
d.Easements,or claims of easements,not recorded in the Public Records.
e.Any lien or right to a lien,for services,labor or material furnished,imposed by law and not recorded in the
Public Records,
3. Any Owner Policy issued pursuant hereto will contain under Schedule B the following exception:Any
adverse ownership Balm by the State of Florida by right of sovereignty to any portion of the Lands insured
hereunder,including submerged,filled and artificially exposed lands,and lands accreted to such lands.
4. Any lien provided by County Ordinance orby Chapter 159,F.S.,in favor of any city,town,village or port
authority,for unpaid service charges for services by any water systems,sewer systems or gas systems
serving the land described herein;and any lien for waste fees in favor of any county or municipality.
5. Notice of Mobile Homeowners'Association Right to Purchase Park recorded February 6,2008,in OR.
Book 7755.Page 989,Public Records of Pasco County,Florida.
6. Easement in favor of Florida Power Corporation contained in instrument recorded December 10,1963,
under OR.Book 244.Page 126,Public Records of Pasco County,Florida.
7. Easement in favor of Florida Power Corporation contained in instrument recorded February 29,1968, -
under OR.Book 391,Page 572,Public Records of Pasco County,Florida.
8. Intentionally deleted.
9. Agreement Arising out of Request for City Services Outside Corporate Limits recorded February 11,2010,
in OR.Book 8267.Page 1113,Public Records of Pasco County,Florida.
10. Agreement Arising out of Request for City Services Outside Corporate Limits recorded February II,2009,
in OR.Book 8018.Page 1416,Public Records of Pasco County,Florida.
It. Rights of tenants in possession,as tenants only,under prior unrecorded residential leases.
12. Any lien or claim of lien for services,labor or materials which may take priority over the estate or interest
insured by reason of that certain Notice of Commencement recorded December 1,2016,under O.R.Book
9465,Page 2529,Public Records of Pasco County,Florida.
13. The following matters shown on the survey prepared by Germaine Surveying Inc.dated January 10,2017,
under Job No.715-16-001:a)6 foot chain link fence encroaches inside and out of the Westerly lot line;b)
Driveway encroaches right of way to the South;Water meter and telephone box encroach into right of way
to the South;Guy Anchor encroaches the Southwest comer of subject property;Overhead wires and meter
poles encroach Easterly and Westerly lot lines and Overhead wires,meter poles and light poles encroach
Northerly lot line.
Form CF6-SCH.-B-II(rcv.17/10)
Form CF6-Exhibit A(rev.13/10)
Page 5 of 6 Page 6 of 6
r
/
RESOLUTION NO.: 448
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRIIILLS, FLORIDA
ESTABLISHING A SPECIAL ASSESSMENT UPON
PROPERTY TO BE BENEFITED BY EXTENSION
OF AND CONNECTION TO THE ZEPHYRHILLS 0
MUNICIPAL WATER AND SEWER SYSTEM;
IDENTIFYING THE PROPERTY; ESTABLISHING
THE AMOUNT OF THE ASSESSMENT; MAKING
PROVISION BY THE OWNER; PROVIDING FOR
FORECLOSURE UPON DEFAULT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE. �09n
r .t
WHEREAS,HILLSIDE MOBILE HOME PARK, INC., is the owner of that •'
.o N
certain parcel of land known as Hillside Mobile Home Park, and being further
described in Exhibit "A" attached hereto and made a part hereof; and �$
WHEREAS, said owner has requested that the City of Zephyrhills extend
water and sewer through the Park, and connect all units located in the Park to the
City's water and sewer system; and wain
WHEREAS,the City of Zephyrhills has calculated that the cost of connection
to the City for the Park is Four Hundred and Fourteen Thousand One Hundred and
Thirty-three Dollars($414,133.00);and
WHEREAS, the aforesaid owner has requested that.the City defer a portion
of the payment in equal quarterly installments; and
WHEREAS,the City has agreed to the payment schedule as set forth below,
WDJ
provided,however,that the portion of the deferred payment constitutes an assessment
Ql...
on the property above described and is subject to foreclosure if the owner defaults in (0W
payment.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE die
C1TY OF ZEPHYRHILLS, FLORIDA, AS FOLLOWS:
fll
1. The City shall extend to the premises described in Exhibit"A" water N
and sewer services and connect same to the City's water and sewer system.
2, The Owner shall pay to the City the sum of Four Hundred and Fourteen
Thousand One Hundred and Thirty-three Dollars($414,133.00)as follows:
i. One Hundred Thousand Dollars ($100,000.00) upon approval of
within twenty(20)days of approval of this Resolution;
ii. The balance of Three Hundred and Fourteen Thousand One Hundred and
Thirty-three Dollars($314,133.00)shall bear interest at the rate of 5.74%payable
in 20 equal quarterly payments of Eighteen Thousand One Hundred and Seventy-
nine Dollars and Eighty-five Cents(S18,179.85),commencing on November 10,
1998 and the 10th day of each successive quarter thereafter. Said payment being
applied first to interest and then to principal.
Record and Return to:
City Clerk's Office
5335 8th Street
ZephyrhMs, FL 33540
HT - I I Il i
I
OR Bx ac3$g ps e57
2 of 3
3. The Owner shall execute by separate document,prior to connection, a
consent to the assessment herein and agreeing to abide by the terms hereof.
4.. Should the Owner fail to make any payment due within ten(10)days of
the date due,then the City may declare,at its option,that the entire balance then due and
owing shall be immediately due, and may proceed to foreclose this special assessment
lien upon the premises.
5. Should it be necessary for the City to retain the services of an attorney to
foreclose this lien or to collect any monies due hereunder,then and in that event, the
Owner shall pay to the City reasonable costs and attorney fees incurred therein.
6. Upon payment in full of the assessment,the City Manager shall record on
the Public Records evidence that same has been satisfied.
7. This resolution shall become effective when approved by city council and
signed by the president of city council and the mayor.
RESOLVED in regular meeting on this— day of August,AD., 1998.
CHARLES E.ATKINS,III
President of City Council
ATTEST''
Ci Jerk LINDA D.BOAN
MES A.BAILEY,Mayor
c\. ids.mt(&4-9S)
flhi —_. l
OR SK 3988 PG 258
EXHIBIT, "A" 3 of 3
Resolution No.: 448
Financing Hl Lclde Mobile Home Park
Parcel # 01-26-21-0000-00100-0000
The SW 1/4 of the NE 114 of Section 1,Township 26 South,Range
ii21 East,less the North 528 feet thereof
fli
III I I I . .. . I.