www.mymanatee.org
Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - April 10, 2018
April 10, 2018 - Regular Meeting
Agenda Item #29


Subject
Modifications and Release of Restrictions on Lena Landfill Property

Briefings
None

Contact and/or Presenter Information

Joy Leggett-Murphy, Property Management Department, Property Acquisition Division Manager, Extension 3439

Matthew Farmer, Property Management Department, Real Property Specialist, Extension 3993



Action Requested
  • Accept and Record Declaration to Release and Amend Restrictions; and
  • Execution and Recording of Agreement to Release, Waive, Modify and Amend Declaration of Easements, Restrictions and Covenants.


Enabling/Regulating Authority
  • Chapter 125, County Government.


Background Discussion

Schroeder-Manatee, Inc. (whose successor is Schroeder-Manatee Ranch, Inc.),  a Delaware Corporation, on December 9, 1986, accepted a Declaration of  Easements, Restriction and Covenants made by Manatee County and recorded in Official Records Book 1166, Page 3605, of the Public Records of Manatee County (herein 1986 Declaration).

The 1986 Declarations contained various restrictions, covenants and easements for the benefit of Schroeder-Manatee. 

Manatee County wishes to modify certain restrictions, covenants and easements contained in the 1986 Declaration and Schroeder-Manatee is willing to make the requested modifications. 

SMR Golf Properties, Inc. (whose successor is Schroeder-Manatee Ranch, Inc.), a Florida Corporation, on December 9, 1986, made and executed a warranty deed conveying land situated in Manatee County to Manatee County for use as a landfill.  The deed is recorded at Official Record Book 1166, page 3575 of the Public Records of Manatee County. 

Schroeder-Manatee, Inc. (whose successor is Schroeder-Manatee Ranch, Inc.), a Delaware Corporation, on December 9, 1986, made and executed a warranty deed conveying land situated in Manatee County to Manatee County for use as a landfill.  The deed is recorded at Official Record Book 1166, page 3590 of the Public Records of Manatee County. 

Both of the above referenced deeds contained various restrictions that benefited Schroeder-Manatee and restrict the use of the property.  Schroeder-Manatee has agreed tor release and/or modify the restrictions contained in the deed to allow Manatee County to continue to operate the landfill until such time it is no longer feasible, giving Manatee County greater flexibility with its landscaping plans and to utilize the property for any governmental purposes.

Schroeder-Manatee Ranch, Inc., as successor to both SMR Golf Properties, Inc., and Schroeder-Manatee, Inc., executed a Declaration to Release and Amend Restrictions and an Agreement to Release, Waive, Modify and Amend Declaration of Easements, Restrictions and Covenants which will revise, amend, modify and release certain restrictions, covenants, and easements and allow for Manatee County to have greater use and rights on the landfill property.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Ms. D'Agostino participated in email exchanges, meetings, and drafted/revised documents. Lena Road Landfill Warranty & Deed Restrictions/CAO Matter No. 2018-0025.



Reviewing Attorney
D'Agostino

Instructions to Board Records

Please return copies of the executed and recorded Declaration to Release and Amend Restrictions and Agreement to Release, Waive, Modify and Amend Declaration of Easements, Restrictions and Covenants to Joy Leggett-Murphy, Property Acquisition Division Manager, at joy.leggettmurphy@mymanatee.org.

Please email a copy of the approved agenda item to Joy Leggett-Murphy at joy.leggettmurphy@mymanatee.org.

CCC AR700003



Cost and Funds Source Account Number and Name
$71.00 Recording fee 001-002050 Property Acquisition Core Account

Amount and Frequency of Recurring Costs
N/A


Attachment:  SMR Executed Declaration to Release Restrictions 040218.pdf
Attachment:  SMR Executed Agreement 4.4.18.pdf
Attachment:  Pam D'Agostino Response Emails.pdf