RESOLUTION 2013-___
LAND DONATION AGREEMENT WITH
PETER A. CERRETA AND MARIE A. CERRETA, AS TRUSTEES OF THE
PETER A. CERRETA AND MARIE A. CERRETA DECLARATION OF TRUST
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
COAST, FLORIDA, APPROVING A LAND DONATION AGREEMENT
WITH PETER A. CERRETA AND MARIE A. CERRETA, AS TRUSTEES
OF THE PETER A. CERRETA AND MARIE A. CERRETA
DECLARATION OF TRUST AND THE CITY OF PALM COAST;
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
SAID DONATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; PROVIDING FOR IMPLEMENTING ACTIONS;
PROVIDING FOR RECORDATION AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Peter A. Cerreta and Marie A. Cerreta Declaration of Trust is the
property owner (the “Owners”) of a 4.14 acre tract of vacant land located west of Eastwood Dr.
and east of Eastbourne Lane in the City of Palm Coast (the “Subject Property”); and
WHEREAS, Peter A. Cerreta, and Marie A. Cerreta, are Trustees (the “Trustees”) of the
Peter A. Cerreta and Marie A. Cerreta Declaration of Trust; and
WHEREAS, the Subject Property includes a 1.1 acre easement which is maintained by
the City as part of the City Stormwater system; and
WHEREAS, the Subject Property was created at the time the original conceptual master
plan for Palm Coast was prepared to serve as a buffer tract; and
WHEREAS, said buffer tracts were an integral part of the overall enhancement of the
community by preventing overcrowding, separating and creating neighborhoods through
appropriate design techniques and enhancing the overall appearance of the community by
maintaining appropriate areas in their natural state; and
WHEREAS, the City of Palm Coast, in the preparation of its Comprehensive Plan,
recognized the importance of the buffer tracts (also known as Reserve Parcels) and adopted
Objective 1.2.1.(B)(2), Objective No. 3.3.5 and Policy No. 4.2.1.3(A), which collectively call for
Resolution 2013-____
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the City to identify, protect, promote and preserve greenways, open space and other identified
natural resources to enhance the overall quality and character of the community; and
WHEREAS, the Owners are willing to donate the property to the City provided that the
City pays the 2013 property taxes; and
WHEREAS, the Owners of the Subject Property desire to maintain the area in perpetuity
as a refuge for the existing flora and fauna and that the property is not developed more intensely
from its current condition; and
WHEREAS, the City has analyzed this request by conducting a Phase I Environmental
Audit, Title Search, Comprehensive Plan and Zoning analyses and concluded that the acquisition
of the Subject Property is consistent with City goals, objectives and policies; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM COAST, FLORIDA, AS FOLLOWS:
SECTION 1. APPROVAL OF LAND DONATION. The City Council of the City of
Palm Coast hereby approves the terms and conditions of the Deed transferring title from the Peter
A. Cerreta and Marie A. Cerreta Declaration of Trust to the City of Palm Coast, as attached
hereto and incorporated herein by reference as Exhibit “A.”
SECTION 2. AUTHORIZATION TO EXECUTE. The City Manager, or designee, is
hereby authorized to execute the Deed as depicted in Exhibit “A.”
SECTION 3. RECORDING OF DEED. Upon execution of the Deed, said document
will be recorded by the City Clerk of the City of Palm Coast with the Flagler County Clerk’s
Office.
SECTION 4. SEVERABILITY. If any section or portion of a section of this Resolution
proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the
validity, force, or effect of any other section or part of this Resolution.
SECTION 5. CONFLICTS. All resolutions or parts of resolutions in conflict with any
of the provisions of this Resolution are hereby repealed.
SECTION 6. IMPLEMENTING ACTIONS. The City Manager is hereby authorized
to take any actions necessary to implement the action taken in this Resolution.
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SECTION 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon
adoption by the City Council.
DULY PASSED AND ADOPTED by the City Council of the City of Palm Coast,
Florida, on this 17th day of September 2013.
CITY OF PALM COAST, FLORIDA
ATTEST:
JON NETTS, MAYOR
VIRGINIA A. SMITH, CITY CLERK
Attachment: Exhibit A - Deed transferring fee simple title of 4.14 acres from the Cerretas to the
City of Palm Coast.
Approved as to form and legality
_____________________________
William E. Reischmann, Jr., Esquire
City Attorney
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