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April 23, 2019 - Regular Meeting Agenda Item #51
Subject Temporary and Permanent Utilities Easements between OK Willow Walk LLC and Manatee County for property located at 4110 41st Street East, Palmetto, Florida 34221 Briefings None Contact and/or Presenter Information
Joy Leggett-Murphy, Property Acquisition Division Manager, Property Management Department, Extension 3439
Charles Meador, Real Property Specialist, Property Acquisition Division, Property Management Department, Extension 6289
Action Requested
● Accept and Record Permanent Utility Easement from OK Willow Walk LLC; and ● Accept and Record Temporary Utility Easement from OK Willow Walk LLC; and ● Accept Permanent Utility Easement from OK Willow Walk LLC (previously recorded in Official Records
Book 2773 Page 4598); and ● Accept Affidavit of Ownership and Encumbrances from James P. Harvey, Vice President of OK Willow
Walk LLC (previously recorded in Official Records Book 2773 Page 4604); and ● Accept Limited Liability Company Affidavit (previously recorded in Official Records Book 2773 Page
4602)
Enabling/Regulating Authority Florida Statutes, Chapter 125, County Government. Background Discussion
● Jessica Paz Mahoney ("Mahoney") is the attorney for the developer OK Willow Walk LLC. Without requesting the assistance of Manatee County staff, Mahoney drafted and recorded three (3) Temporary Utilities Easements to Manatee County.
● Said Temporary Utilities Easements were never presented to the Board of County Commissioners for approval and contained errors in the legal descriptions.
● On October 9, 2018, the Board approved the renouncement and rejection of the three temporary easements from OK Willow Walk LLC which were recorded in May of 2018; however, no renouncement and rejection documentation was recorded in October 2018 in Official Records - only Board Records.
● On March 12, 2019, the Board executed, accepted and recorded a renouncement and rejection that was
Manatee County Government Administrative CenterPatricia M. Glass Commission Chambers, First Floor
9:00 a.m. - April 23, 2019
recorded in Official Records. ● Public Works has confirmed the easements that are the subject of this agenda are appropriate for Willow
Walk Phase 2. ● The 0.616 acres Permanent Utility Easement is for an eight inch force main that serves Willow Walk and
Silver Stone (formally known as Willow Hammock). The Temporary Utility Easement and the 5,681 square feet Permanent Utility Easement are for a 12-inch force main to serve Willow Walk.
County Attorney Review Other (Requires explanation in field below) Explanation of Other Assistant County Attorney Pamela D'Agostino assisted in drafting these easements and affidavits and approves of accepting these documents from the grantor. Reviewing Attorney D'Agostino Instructions to Board Records
Please email a copy of the approved agenda to Charles Meador at [email protected] and Paul Haas at [email protected].
CCC: AR700013
Cost and Funds Source Account Number and Name $79.50 Recording Fee. 001-0020505 Property Acquisition Core Fund. Amount and Frequency of Recurring Costs N/A Attachment: Permanent Utility Easement.pdf Attachment: Temporary Utility Easement .pdf Attachment: Permanent Utility Easement (recorded).pdf Attachment: Affidavit of Ownership and Encumbrances.pdf Attachment: Limited Liability Company Affidavit.pdf Attachment: Location Map.pdf Attachment: CAO Response - OK Willow Walk.pdf
Manatee County Government Administrative CenterPatricia M. Glass Commission Chambers, First Floor
9:00 a.m. - April 23, 2019
TEMPORARYUTILITY EASEMENT
PERMANENTUTILITY EASEMENT
C.R.
683
36TH
AVE E
52ND ST E
50TH ST E
54TH ST E
LINDE
VER
LN46
TH TE
R E
MOSSY LIMB CT
42ND
AVE E
WIND
Y HAM
MOCK
WAY
40TH
AVE E
WAYFARER WAY
EXPERIMENTAL FARM RD
36TH
DR
E
38TH
AVE E
WILLOW W
ALK D
R
WILL
OW B
RANC
H PL
LONG BRANCH LNWI
LLOW
BRE
EZE W
AY
µUTILITY EASEMENTS
WILLOW WALK DISTRICT 1 - PRISCILLA WHISENANT TRACE
PERMANENTUTILITY EASEMENT
From: Pamela DAgostino Sent: Tuesday, March 19, 2019 3:32 PM To: Charles Meador <[email protected]> Subject: FW: Willow Walk-Harvey Authority
Charles:
When you prepare the agenda item, include the following language under “Explanation
of Other”
Assistant County Attorney Pamela D'Agostino assisted in drafting these easements and
affidavits and approves of accepting these documents from the grantor.
Sincerely,
Pamela J. D’Agostino
Assistant County Attorney
Manatee County Government
Office of the County Attorney
1112 Manatee Avenue West, Suite 969
Bradenton, Florida 34205
Phone: 941-745-3750
Fax: 941-749-3089
From: Pamela DAgostino Sent: Tuesday, March 19, 2019 3:19 PM To: 'Jessica Mahoney' <[email protected]> Cc: Charles Meador <[email protected]> Subject: RE: Willow Walk-Harvey Authority
Jessica:
Thanks for speaking with me a short while ago. As I explained on the phone, once the
executed easements and affidavits are received, and provided everything is in order, I
will transmit them to Charles. He will take care of recording the one permanent
easement which is needed for the certificate of completion to be issued. All three
easements will then be placed on an agenda for formal acceptance by the Board. The
other two easements will be recorded once formally accepted. There is no need to send
any funds for recording fees. Please give me or Charles a call if you have any other
questions.
Sincerely,
Pamela J. D’Agostino
Assistant County Attorney
Manatee County Government
Office of the County Attorney
1112 Manatee Avenue West, Suite 969
Bradenton, Florida 34205
Phone: 941-745-3750
Fax: 941-749-3089
From: Pamela DAgostino Sent: Tuesday, March 19, 2019 3:06 PM To: 'Jessica Mahoney' <[email protected]> Cc: Charles Meador <[email protected]> Subject: RE: Willow Walk-Harvey Authority
Jessica:
I have copied Charles as he is best positioned to answer your question. Let me discuss
this with him and one of us will get back to you.
Sincerely,
Pamela J. D’Agostino
Assistant County Attorney
Manatee County Government
Office of the County Attorney
1112 Manatee Avenue West, Suite 969
Bradenton, Florida 34205
Phone: 941-745-3750
Fax: 941-749-3089
From: Jessica Mahoney <[email protected]> Sent: Tuesday, March 19, 2019 2:44 PM To: Pamela DAgostino <[email protected]> Subject: RE: Willow Walk-Harvey Authority Hi Pamela – Do we need to send you a check for recording fees? The original documents will be coming directly from Bryon LoPreste of Kolter for your receipt tomorrow morning, but if you need recording fees, I can overnight a check from our firm. Sincerely, Jessica Jessica Paz Mahoney, Esq. | Feldman & Mahoney, P.A. 2240 Belleair Road, Suite 210 | Clearwater, FL 33764 727.536.8003 | f: 727.536.7270 | [email protected] Board Certified Real Estate Lawyer
This e-mail transmission and the information contained in this communication, including attachments if any, is confidential and may be legally privileged, proprietary information intended for the individual or entity to whom it is addressed. If you have received this communication or its attachments in error, you are on notice of its status. The unauthorized use, distribution or disclosure of this communication and its attachments is strictly prohibited. Please notify us immediately by reply e-mail and then delete this message, and all attachments if any, from your system. Thank you for your cooperation. IRS Circular 230 Notice: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Pamela DAgostino [mailto:[email protected]] Sent: Monday, March 18, 2019 4:54 PM To: Jessica Mahoney <[email protected]> Subject: RE: Willow Walk-Harvey Authority
Jessica:
Thank you for your patience. I have confirmed with staff exactly which easements are
needed. Attached are the easement deeds as well as the necessary affidavit of
ownership and encumbrances. Please review and advise as to whether you agree that
they are in final form. I think the only thing left to be done is for the LLC affidavit you
sent to be revised consistent with the attached redlined affidavit.
Please let me know if I have missed anything.
Sincerely,
Pamela J. D’Agostino
Assistant County Attorney
Manatee County Government
Office of the County Attorney
1112 Manatee Avenue West, Suite 969
Bradenton, Florida 34205
Phone: 941-745-3750
Fax: 941-749-3089
From: Jessica Mahoney <[email protected]> Sent: Monday, March 18, 2019 10:01 AM To: Pamela DAgostino <[email protected]> Subject: RE: Willow Walk-Harvey Authority Dear Pamela, Please let me know when we can expect the revised Easements. My client is eager to obtain its CofC and resume builder closings. Thanks in advance for your attention. Sincerely, Jessica Jessica Paz Mahoney, Esq. | Feldman & Mahoney, P.A. 2240 Belleair Road, Suite 210 | Clearwater, FL 33764 727.536.8003 | f: 727.536.7270 | [email protected] Board Certified Real Estate Lawyer
This e-mail transmission and the information contained in this communication, including attachments if any, is confidential and may be legally privileged, proprietary information intended for the individual or entity to whom it is addressed. If you have received this communication or its attachments in error, you are on notice of its status. The unauthorized use, distribution or disclosure of this communication and its attachments is strictly prohibited. Please notify us immediately by reply e-mail and then delete this message, and all attachments if any, from your system. Thank you for your cooperation. IRS Circular 230 Notice: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Jessica Mahoney Sent: Thursday, March 14, 2019 5:24 PM To: Pamela DAgostino <[email protected]> Subject: Willow Walk-Harvey Authority
Dear Pamela, Thanks for meeting with our team today. My client is pleased that we were able to resolve our issues. Per Mickie’s request, attached are copies of some recent deeds signed by Jim Harvey and the title policies insuring those transactions. I look forward to receiving the revised easement documents for Jim’s execution as soon as possible, so that the Permanent Easement can be recorded and the COC issued for the current phase. Sincerely, Jessica Jessica Paz Mahoney, Esq. | Feldman & Mahoney, P.A. 2240 Belleair Road, Suite 210 | Clearwater, FL 33764 727.536.8003 | f: 727.536.7270 | [email protected] Board Certified Real Estate Lawyer
This e-mail transmission and the information contained in this communication, including attachments if any, is confidential and may be legally privileged, proprietary information intended for the individual or entity to whom it is addressed. If you have received this communication or its attachments in error, you are on notice of its status. The unauthorized use, distribution or disclosure of this communication and its attachments is strictly prohibited. Please notify us immediately by reply e-mail and then delete this message, and all attachments if any, from your system. Thank you for your cooperation. IRS Circular 230 Notice: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
