Loading...
HomeMy WebLinkAbout2577 Cert of Trust - Hamilton Brisbee - donated vacant property w/WD 140STENSTROM, McINTOSH, COLBERT BERT & WHIGHAM, P.A. ATTORNEYS AND COUNSELORS AT LAW WILLIAM L. COLBERT FRANK C. WHIGHAM 300 INTERNATIONAL PARKWAY LONNIE N. GROOT SUITE 100 11 DAVID W. HALL KENNETH McINTOSH LAKE MARY, FLORIDA 32746 JULIANNA ROSS B I -REI RED - T PHONE: (407) 322.2171 ROBERT K. McINTOSH FAX: (407) 330-2379 -RETIRED- WWW.STENSTROM.COM July 31, 2024 City of Sanford Attn: Traci Houchin, MMC, FCRM, City Clerk 300 North Park Avenue Sanford, Florida 32771 Re: Gift of donated environmentally significant real property in Seminole County, Florida, identified by the Seminole County Property Appraiser with Parcel ID 23- 19-30-300-0010-0000 to the City of Sanford by The Living Trust of Hamilton J. Bisbee under agreement dated April 26, 1999 and Beatrice B. Geib Dear Madam City Clerk: Please find enclosed the below listed documents: ➢ copy of recorded Certification of Trust; ➢ copy of recorded Power of Attorney of Beatrice B. Geib; and ➢ original recorded Special Warranty Deed. This completes this matter. As always, it is our pleasure to be of assistance to the City. Sincerely, STENSTROM, McINTOSH, COLBERT & WHIGHAM, P.A. '�crirzielle Danielle LaVerde, Real Estate Paralegal to Lonnie N. Groot, Assistant City Attorney Enclosures SERVING CENTRAL FLORIDA —SINCE 1954 — GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFNPrepared by and Return to: REC#07 31202488:49:51 AM 69 byldpetesson8Pg5� Lonnie N. Groot, Esquire RECORDING FEES $69.50 Stenstrom, McIntosh, Colbert & Whigham, P.A. 300 International Parkway, Suite 100 - Lake Mary, Florida 32746 CERTIFICATION OF TRUST STATE OF FLORIDA COUNTY OF DUVAL BEFORE ME, the undersigned authority, personally appeared Ashley Dopf f/k/a Ashley B. Rea ("Affiant") who deposes and says: A. This Certification pertains to The Hamilton J. Bisbee Revocable Living Trust dated February 17, 2012 (the "Trust"), which was executed on February 17, 2012 and is currently in existence. A true and correct copy of the pertinent portion of the Trust is attached hereto and incorporated herein as Exhibit "X. B. The name of the sole Settlor (creator) of the Trust is Hamilton J. Bisbee. A true and correct copy of the pertinent portion of the Trust is attached hereto and incorporated herein as Exhibit "A". C. The name and address of the currently acting trustee is Ashley Dopf f/k/a Ashley B. Rea, 92 29th Avenue South, Jacksonville, Florida 32250. A true and correct copy of the pertinent portion of the Trust is attached hereto and incorporated herein as Exhibit "B". D. The trustee of the Trust has full power and authority to mortgage and convey real property, including the property described as follows: Begin 2113 feet West and 2325.2 feet North of the South half mile post of Section 23, Township 19 South, Range 30 East, Seminole County, Florida, run thence West 527 feet, more or less, to the West line of said Section 23; thence North 1,002.65 feet, more or less, to Lake Monroe; thence Easterly, along the shore of said Lake Monroe, to a point North of beginning; thence South 719.75 feet, more or less, to beginning. Less and Except right-of-way for US Highway 17/92 a/k/a State Road 600. and to sign all transaction documents, without the consent of any beneficiary. A true and correct copy of the pertinent portion of the Trust is attached hereto and incorporated Rev. 4/22 herein as Exhibit "C". E. The Trust does not contain any powers of direction whereby a trust director or similar person can direct the trustee. F. The Trust is irrevocable upon the death of the sole Settlor. A true and correct copy of the pertinent portion of the Trust is attached hereto and incorporated herein as Exhibit "D". G. The authority of the trustee as set forth in Paragraph D above may be executed by Affiant alone, as trustee of the Trust, without the necessity of any other co - trustee signing or otherwise authenticating such instruments. A true and correct copy of the pertinent portion of the Trust is attached hereto and incorporated herein as Exhibit "E„ H. The Trust has not been revoked or amended so as to cause the representations contained in this Certification to be incorrect. I. The Property has never been the homestead property of the sole Settlor, the beneficiaries or their dependents. J. The Settlor identified in paragraph B above is deceased. I hereby represent that said Settlor was not survived by a spouse or minor child. Ashley Dopf f/k/ shley B. e Sworn to and subscribed before me by means of {physical presence or { } online notarization, this _)19� day of July, 2,024, by Ashley Dopf f/k/a Ashley B. Rea who { } is personally known to me or who {Nf produced as identification. (Affix Notary Seal) i;i4`•''`irP':c+•: ANGELA BAXLEY *: *, MY COMMISSION # HH 420412 EXPIRES: November 8� 2027 �'.FOFfLQ. Rev. 4/22 OLQJ-0)—v Notary'Public; State of 4rida Printed Name My Commission Expires THE (HAMILTON J. BISBEE REVOCABLE LIVING TRUST Article One Establishing the Trust The date of this trust is February 17, 2012. The parties to this trust are Hamilton J. Bisbee (the Grantor) and Hamilton J. Bisbee (the Trustee). I intend to create a valid trust under the laws of Florida and under the laws of any state in which any trust created under this trust document is administered. The terms of this trust prevail over any provision of Florida law, except those provisions that are mandatory and may not be waived. Section 1.01 Identifying the Trust For convenience, the trust may be referred to as: "The Hamilton J. Bisbee Revocable Living Trust dated February 17, 2012." To the extent practicable, for the purpose of transferring property to the trust or identifying the trust in any beneficiary or pay -on -death designation, the trust should be identified as: "Hamilton J. Bisbee, Trustee, or his successors in interest, of the- Hamilton J. Bisbee Revocable Living Trust dated February 17, 2012, and any amendments." For all purposes concerning the identity of the trust or any property titled in or payable to the trust, any description referring to the trust will be effective if it reasonably identifies the trust and indicates that the trust property is held in a fiduciary capacity. Section 1.02 Reliance by Third Parties Third parties may require documentation to verify the existence of this trust, or particular provisions of it, including the name of the Trustee or the powers held by the Trustee. To protect the confidentiality of this instrument, the Trustee may use an affidavit or a certification of trust that identifies the Trustee and sets forth the authority of the Trustee to transact business on behalf of the trust instead of providing a copy of this instrument. The affidavit or certification may include pertinent pages from this instrument, including title or signature pages. A third party may rely upon an affidavit or certification of trust that is signed by the Trustee with respect to the representations contained in it. A third party relying upon an affidavit or certification of trust will be exonerated from any liability for actions the third party takes or does not take in reliance upon the representations contained in the affidavit or certification of trust. A third party dealing with the Trustee will not be required to inquire into this trust's terms or the authority of the Trustee, or to see to the application of funds or other property received by the Trustee. The Trustee's receipt of any money or property paid, transferred, or delivered to the Trustee will be a sufficient discharge to the third party from all liability in connection with its application. A written statement by the Trustee is conclusive evidence of the Trustee's authority. Third parties are not liable for any loss resulting from their reliance on a written statement by the Trustee asserting the Trustee's authority or seeking to effect a transfer of property to or from the trust. 1 Exhibit "A" /1014\ /Aft� Section 3.02 Trustee Succession during My Lifetime During my lifetime, this Section governs the removal and replacement of the Trustees. (a) Removal and Replacement by Me I may remove any Trustee with or without cause at any time. If a Trustee is removed, resigns, or cannot continue to serve for any reason, I may serve as sole Trustee, appoint a Trustee to serve with me, or appoint a successor Trustee. (b) During My Incapacity During any time that I am incapacitated, the following will replace any then -serving - Trustee in this order: Ashley B. Rea then Christopher M. Bisbee. If I am incapacitated, a Trustee may be removed only for cause, and only if a court of competent jurisdiction approves the removal upon the petition of an interested party. All appointments, removals, and revocations must be by signed written instrument. Section 3.03 Trustee Succession after My Death After my death, this Section will govern the removal and replacement of the Trustees. (a) Successor Trustee I name the following, in this order, to serve as the successor Trustee after my death, replacing any then -serving Trustee: Ashley B. Rea then Christopher M. Bisbee. (b) Removal of a Trustee A Trustee may be removed only for cause, and a petitioning beneficiary must obtain approval from a court of competent jurisdiction before the removal is effective. The petition may subject the trust to the jurisdiction of the court only to the extent necessary to review the petition and may not subject the trust to the continuing jurisdiction of the court. A minor or incapacitated beneficiary's parent or Legal Representative may act on his or her behalf. (c) Default of Designation If the office of Trustee of a trust created under this instrument is vacant and no designated successor Trustee is 'able and willing to act as Trustee, the trust's Primary Beneficiary may appoint an individual or corporate fiduciary that is not related or subordinate to the person or persons making the appointment within the meaning of Section 672(c) of the Internal Revenue Code as successor Trustee. Any beneficiary may petition a court of competent jurisdiction to appoint a successor Trustee to fill any vacancy lasting longer than 30 days. The petition may subject the trust 4 Exhibit "B" /,'ON /004\ amendment changes beneficial interests and that directs the segregation of trust property into more than one trust. Section 12.18 Real Estate Powers The Trustee may sell at public or private sale, convey, purchase, exchange, lease for any period, mortgage, manage, alter, improve, and in general deal in and with real property in the manner and on the terms and conditions as the Trustee advises. The Trustee may grant or release easements in or over, subdivide, partition, develop, raze improvements to, and abandon any real property. The Trustee may manage real estate in any manner considered best, and may exercise all other real estate powers necessary to effect this purpose. The Trustee may enter into contracts to sell real estate. The Trustee may enter into leases and grant options to lease trust property, even though the term of the agreement extends beyond the termination of any trusts established under this trust and beyond the period that is required for an interest created under this trust to vest in order to be valid under the rule against perpetuities. The Trustee may enter into any contracts, covenants, and warranty agreements that the Trustee advises. Section 12.19 Residences and Tangible Personal Property The Trustee may acquire, maintain, and invest in any residence for the beneficiaries' use and benefit, whether or not the residence is income producing and without regard to the proportion that the residence's value may bear to the trust property's total value, even if retaining the residence involves financial risks that Trustees would not ordinarily incur. The Trustee may pay or make arrangements for others to pay all carrying costs of any residence for the beneficiaries' use and benefit, including taxes, assessments, insurance, maintenance, and other related expenses. The Trustee may acquire, maintain, and invest in articles of tangible personal property, whether or not the property produces income. The Trustee may pay for the repair and maintenance of the property. The Trustee is not required to convert the property referred to in this Section to income- producing property, except as required by other provisions of this trust. The Trustee may permit any Income Beneficiary of the trust to occupy any real property or use any personal property owned by the trust on terms or arrangements that the Trustee determines, including rent free or in consideration for the payment of taxes, insurance, maintenance, repairs, or other charges. The Trustee is not liable for any depreciation or loss resulting from any decision to retain or acquire any property as authorized by this Section. Section 12.20 Retention and Abandonment of Trust Property The Trustee may retain any property constituting the trust at the time of its creation, at the time of my death, or as the result of the exercise of a stock option, without liability for depreciation or loss resulting from retention. The Trustee may retain property, notwithstanding the fact that the property may not be of the character prescribed by law for the investment of assets held by a 29 Exhibit "C" 1401\ /Aw� Section 1.03 Transferring Property to the Trust Any person or entity may transfer any property to the trust in any manner authorized by law. (a) Funding of the Trust By executing this instrument, I transfer, convey, and assign the property described in the attached Schedule A to the Trustee. I also transfer all my right, title, and interest in and to all of my property that may legally be held in trust and that may be transferred to the trust by this assignment. This assignment includes all of my real, personal, tangible, and intangible property located in the United States, whether separate property or community property, and whether acquired before or after the execution of this instrument, except for these assets that are expressly not transferred by this instrument: life insurance policies, unless the ownership of a policy is transferred to the trust by a separate instrument that specifically refers to the policy; corporate and self-employed (Keogh) pension, profit-sharing, and stock bonus plans; qualified retirement plans; commercial annuities; Section 1244 (small business) stock; and any property, the transfer of which would result in the immediate recognition of income subject to income or other taxes, would result in the loss of a homestead exemption, or would violate a restriction on transfer agreement. (b) Acceptance by the Trustee By executing this instrument, the Trustee accepts and agrees to hold the property transferred to the trust as trust property. All property transferred to the trust after the date of this trust must be acceptable to the Trustee. The Trustee may refuse to accept any property. The Trustee shall hold, administer, and dispose of all accepted trust property for my benefit and for the benefit of my beneficiaries, in accordance with the terms of this trust. (c) My Permanent Residence In order to claim homestead exemption rights under Section 196.031, Florida Statutes, I may use, possess, and occupy any real property that may be owned by the trust. My interest in any real property owned by the trust will be construed as beneficial title in equity to real property as set forth in Section 196.031(1), Florida Statutes, or any successor statute. Section 1.04 Powers Reserved by Me as Grantor As Grantor, I retain the powers set forth in this Section in addition to any powers that I reserve in other provisions of this instrument. (a) Action on Behalf of the Trust Whenever I am serving as Trustee, I may act for and conduct business on behalf of the trust without the consent of any other Trustee. 2 Exhibit "D" Page 1 of 2 /*Ok\ 14=1\ (b) Amendment, Restatement, or Revocation I may amend, restate, or revoke this instrument, in whole or in part, for any purpose. Any amendment, restatement, or revocation must be made in writing and delivered to the then -serving Trustee. (c) Addition or Removal of Trust Property I may add property to the trust and may remove any property from the trust at any time. (d) Control of Income and Principal Distributions I retain the right to control the distribution of income and principal from the trust. I may direct the Trustee to distribute as much of the net income and principal of the trust property as I consider advisable to me or to other persons or entities. The Trustee may distribute the net income and principal to me or for my unrestricted use and benefit, even to the exhaustion of all trust property. Any undistributed net income is to be added to the principal of the trust. (e) Approval of Investment Decisions I reserve the absolute right to review and change the Trustee's investment decisions. But the Trustee is not required to seek my approval before making investment decisions. Section 1.05 Grantor Trust Status By reserving the broad rights and powers set forth in Section 1.04 of this Article, I intend to qualify the trust as a Grantor Tnrst under Internal Revenue Code Sections 671 to 677. This means that, for federal income tax purposes, I will be treated as the owner of all the assets held in the trust during my lifetime, as if I held them in my individual capacity. During any period that the trust is a Grantor Trust, the Taxpayer Identification Number of the trust will be my Social Security number, in accordance with Treasury Regulation Section 301.61094(a)(2). Article Two Family Information I have two children. They are Ashley B. Rea and Christopher M. Bisbee. All references in this document to my children are references to these children. References to my descendants are to my children and their descendants, including any deceased child's descendants. Article Three Trustee Succession Provisions Section 3.01 Resignation of a Trustee A Trustee may resign by giving written notice to me. If I am incapacitated or deceased, a resigning Trustee must give written notice to the trust's Income Beneficiaries and to any other then -serving Trustee. Exhibit "D" Page 2 of 2 An Independent Special Trustee will exercise all fiduciary powers granted by this trust unless expressly limited elsewhere in this instrument or by the Trustee in the instrument appointing the Independent Special Trustee. An Independent Special Trustee may resign at any time by delivering written notice of resignation to the Trustee. Notice of resignation will be effective in accordance with the terms of the notice. Section 3.09 Rights and Obligations of Successor Trustees Each successor Trustee serving under this instrument, whether corporate or individual, will have all of the title, rights, powers, and privileges granted to the initial Trustee named under this instrument. In addition, each successor Trustee will be subject to all of the restrictions imposed upon, as well as to all discretionary and ministerial obligations and duties given to the initial Trustee named under this instrument. Article Four Administration of the Trust during My Incapacity Section 4.01 Definition of My Incapacity I will be considered incapacitated during any time when I am unable to effectively manage my property or financial affairs because of age, illness, mental disorder, dependence on prescription medication or other substances, or any other cause. Section 4.02 Determination of My Incapacity For purposes of this instrument, I am incapacitated if I am determined to be so under any one of the following Subsections. (a) Determination by Physicians I will be considered incapacitated if two independent licensed physicians have determined my then -existing circumstances fall within the definition of incapacity as provided in Section 4.01. For purposes of this determination, two independent physicians means two physicians who are not related to each other by blood or marriage, and are neither employed by nor principals of the same employer. Physicians who are merely affiliated with the same hospital or other medical care facility may still qualify as independent physicians. I will be considered restored to capacity if my personal or attending physician signs a written opinion that I can effectively manage my property and financial affairs. (b) Court Determination I will be considered incapacitated if a court of competent jurisdiction determines that I am legally incapacitated, incompetent, or otherwise unable to effectively manage my property or financial affairs. (c) Detention, Disappearance, or Absence I will be considered incapacitated if I have an unexplained disappearance or absence for more than 30 days, or if I am detained under duress. My disappearance, absence, or detention under duress may be established by an affidavit of the Trustee, or, if no Trustee 6 Exhibit "E" GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2024068509 Bk:10669 Pg:1874-1878(5Pgs) REC: 07/31/2024 8:49:52 AM by dpeterson RECORDING FEES $44.00 Prepared by: Kristen S. Barbarotta, Esquire Johnson, Dowe, Brown & Barbarotta, LLC 22 Elm Street Windsor, Connecticut 06095 Return to: Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert & Whigham, P.A. 300 International Parkway, Suite 100 Lake Mary, Florida 32746 POWER OF ATTORNEY of BEATRICE B. GEIB Notice: The powers granted by this document are broad and sweeping. They are defined in Connecticut Statutory Short Form Power of Attorney Act, sections 1-42 to 1-56, inclusive, of the General Statutes, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned. The grantor of any power of attorney or the attorney-in-fact may make application to a court of probate for an accounting as provided in subsection (b) of section 45a-175. KNOW ALL MEN BY THESE PRESENTS, which are intended to constitute a GENERAL POWER OF ATTORNEY pursuant to Connecticut Statutory Short Form Power of Attorney Act: That I, BEATRICE B. GEIB of 700 Blacksmith, Windsor, Connecticut 06095 do hereby appoint my daughter, LOUISE B. GEIB of 1019 Big Pine Key, Atlantic Beach, Florida 32233 my attorney-in-fact TO ACT FIRST, In my name, place and stead in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in the Connecticut Statutory Short Form Power of Attorney Act to the extent that I am permitted by law to act through an agent: (Strike out and initial in the opposite box any one or more of the subdivisions as to which the principal does NOT desire to give the agent authority. Such elimination of any one or more of subdivisions (A) to (K), inclusive, shall automatically constitute an elimination also of subdivision (L)•) To strike out any subdivision the principal must draw a line through the text of that subdivision AND write his initials in the box opposite. (A) real estate transactions; ( ) (B) chattel and goods transactions; ( ) (C) bond, share and commodity transactions; ( ) (D) banking transactions; ( ) (E) business operating transactions; ( ) (F) insurance transactions; ( ) (G) estate transactions; ( ) (H) claims and litigation; ( ) (I) personal relationships and affairs; ( (J) benefits from military service; ( (K) records, reports and statements; ( (L) all other matters. ( By way of expanding upon the statutory language and without intending any limitation on the statutory language, my attorney-in-fact is specifically authorized to exercise the following powers: 1. Gifting. My attorney-in-fact may continue any annual gifting program (charitable or otherwise) that I have begun and continued for a period of at least three years at a level of giving not to exceed the average annual giving of the three-year period. My attorney-in-fact is to have the power to initiate an annual non -charitable gifting program by making gifts to my descendants in amounts not in excess of the federal annual gift tax exclusion amounts [currently $14,000.00 per donee under I.R.C., Section 2503(b)] and gifts for the benefit of descendants that are qualified transfers for tuition or medical expenses under I.R.C., Section 2503(e). I give my attorney-in-fact the absolute discretion to make or withhold any gifts, including gifts to the attorney-in-fact, and to determine the amounts of any such gifts within the limits I have established. My intention is that my attorney-in-fact have the ability to accomplish my donative purposes and such tax savings as are consistent in my attorney -in -fact's opinion with the maintenance of my lifestyle. 2. Transfer My Assets to a Living Trust. I give my attorney-in-fact the power to transfer any and all assets standing in my name or in which I have any interest, including real estate wherever situated, to the trustee or trustees of any trust which I have previously established or which I may establish now or in the future by agreement or declaration. After such transfer, I intend that my attorney-in-fact will no longer have responsibility for or control over any assets standing in the name of the trustee. 3. Modify Retirement Benefits. I give my attorney-in-fact the following powers with respect to a plan or account created by an employer, by me or by another individual to provide retirement benefits or deferred compensation of which I am a participant, beneficiary or owner (a "retirement plan"): a. Payments. My attorney-in-fact shall have the power to select the form and timing of payments under a retirement plan and withdraw benefits from a retirement plan. b. Rollovers: My attorney-in-fact shall have the power to make rollovers, including a direct trustee -to -trustee rollover, of benefits from one retirement plan to another. c. Contributions: My attorney-in-fact shall have the power to make contributions to an existing retirement plan. POWER OF ATTORNEY -2- d. Investment: My attorney-in-fact may exercise investment powers available under a retirement plan. e. Deal with Plans: My attorney-in-fact may borrow from, sell assets to or purchase assets from a retirement plan. SECOND: I give my attorney-in-fact full and unqualified authority to delegate any or all of the foregoing powers to any person or persons whom my attorney-in-fact shall select. done. THIRD: I hereby ratify and confirm all that said attorney or substitute does or causes to be FOURTH: This Power of Attorney shall not be affected by my subsequent disability or incompetence. FIFTH: I hereby agree that any third party receiving a copy or facsimile of this executed instrument may act in reliance thereon and that revocation or termination of this power of attorney shall be ineffective as to such third party unless and until actual notice or knowledge thereof shall have been received by such third party, and I, for myself and my heirs, assigns, and legal representatives, hereby agree to indemnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason of reliance on such copy of this instrument. In Witness Whereof, I have hereunto signed my name and affixed my seal this twenty-ninth day of October 2014. Signed, sealed and delivered in the presence of: POWER OF ATTORNEY -3- � ) Beatrice B. Geib STATE OF CONNECTICUT ) ss: Windsor COUNTY OF HARTFORD ) The foregoing POWER OF ATTORNEY was acknowledged before me this twenty-ninth day of October 2014 by Beatrice B. Geib. Kristen . B b rotta, Nota Public and Commissioner of perior Court My Notary Commission expires 12/31/2018 POWER OF ATTORNEY 4-