HomeMy WebLinkAbout2005 08 22 Consent Item 207
COMMISSION AGENDA
ITEM 207
Consent X
Informational
Public Hearing
Regular
Mgr. /
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Att. /
Dept.
August 22. 2005
Meeting
REQUEST: At the request ofthe Public Works Department, the City Attomeyrecommends that the
City Commission approve a Unity of Title Agreement unifying ten (10) parcels of property as one
(1) for the development of the City's Public Works Compound.
PURPOSE:
The purpose of this Agreement is to unify the ten (10) parcels of City-owned property at the site of
the future Public Works Compound. Upon execution and recordation of the Agreement, the ten
parcels will be unified in title as one parcel for development purposes. In unifying title, the
structures to be constructed as part of the Compound may be built without regard to the parcel
boundaries as they now exist.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Powers Act.
2. City Code, Chapter 9, Land Development
CONSIDERATIONS:
1. Once the ten (10) parcels are unified as one, they will not be able to be sold off piecemeal.
2. Construction of the Public Works Compound will not be restricted by the current interior legal
boundaries of the individual ten (10) parcels.
Page 1 of 2
STAFF RECOMMENDATION:
The City Attorney and Public Works Department recommends that the City Commission approve
the Unity of Title Agreement.
A TT ACHMENT:
Unity of Title Agreement
COMMISSION ACTION:
No prior action.
Page 2 of 2
Prepared by and return to:
Anthony A. Garganese, Esquire
Brown, Garganese, Weiss & D'Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
Tax Parcel Id: Parcel I: 34-20-30-5A W -0000-0030
Parcel 2:34-20-30-529-0000-0010
Parcel 3: 34-20-30-529-0000-0020
Parcel 4:34-20-30-529-0000-0030
Parcel 5: 34-20-30-529-0000-0040
Parcel 6: 34-20-30-529-0000-0050
Parcel 7: 34-20-30-529-0000-0060
Parcel 8: 34-20-30-529-0000-0070
Parcel 9: 34-20-30-529-0000-0080
ParcellO: 34-20-30-529-0800-0000
UNITY OF TITLE AGREEMENT
THIS UNITY OF TITLE AGREEMENT is executed this day of
, 2005, by THE CITY OF WINTER SPRINGS, FLORIDA, a Florida
municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida, 32708
(hereinafter "THE CITY").
WIT N E SSE T H:
WHEREAS, THE CITY is the owner often (10) individual parcels of property within the
City of Winter Springs, Florida; and
WHEREAS, the parcels are identified as tax parcel number 34-20-30-5A W-0000-0030,
conveyed to THE CITY by special warranty deed recorded in the Official Records of Seminole
County, Florida at Book 4300, Page 1419 ("Parcel I"), and parcel numbers 34-20-30-529-0000-
0010,34-20-30-529-0000-0020, 34-20-30-529-0000-0030, 34-20-30-529-0000-0040, 34-20-30-529-
0000-0050, 34-20-30-529-0000-0060, 34-20-30-529-0000-0070, 34-20-30-529-0000-0080 and 34-
20-30-529-0S00-0000, all conveyed to THE CITY by warranty deed recorded in the Official Records
of Seminole County, Florida at Book 4364, Page 1191 ("Parcels 2-10," respectively); and
WHEREAS, these parcels of property lie contiguous to one another; and
WHEREAS, THE CITY desires to locate its public works compound on these properties,
which would entail constructing several structures overlapping the different parcel boundaries; and
WHEREAS, THE CITY, as a self-imposed restriction, desires to record this Agreement to
demonstrate unity of ownership and title in the above-referenced parcels; and
UNITY OF TITLE AGREEMENT
City of Winter Springs, Florida
Page 1 of3
WHEREAS, THE CITY desires to have the parcels recognized as one (1) lot for
development purposes under THE CITY'S land development regulations; and
NOW, THEREFORE, in consideration of the covenants contained herein, THE CITY
agrees as follows:
1. The foregoing recitals are true and correct and are hereby fully incorporated into this
Agreement by this reference.
2. THE CITY represents and warrants that it possess fee simple title to the parcels identified
herein:
Parcell:
As legally described in the Special Warranty Deed recorded in Official Record
Book 4300, Page 1419 of Seminole County, Florida.
Parcels 2 through 10:
As legally described in the Warranty Deed recorded in Official Record Book 4364, Page
1191 of Seminole County, Florida.
3. THE CITY agrees, as a self-imposed restriction, that the above referenced parcels of land
shall be unified in ownership and title for development purposes upon recording of this Agreement.
4. THE CITY further agrees to not sell, convey, or assign any interest in these parcels, which
would cause the loss of unity of ownership or title, without first obtaining the written consent ofthe
City Commission of the City of Winter Springs.
5. THE CITY agrees and consents that this Agreement shall be recorded in the office ofthe
Clerk of Circuit Court in and for Seminole County, Florida.
6. THE CITY agrees that the provisions of this Agreement shall run with the land.
IN WITNESS WHEREOF, THE CITY OF WINTER SPRINGS, FLORIDA has
hereunder set its hand and seal the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
UNITY OF TITLE AGREEMENT
City of Winter Springs, Florida
Page 2 of3
THE CITY OF WINTER SPRINGS, FLORIDA,
a Florida Municipal Corporation.
By:
JOHN F. BUSH,
Mayor
ATTEST:
Andrea Lorenzo- Luaces,
City Clerk
Approved as to legal form and sufficiency:
ANTHONY A. GARGANESE, City Attorney
UNITY OF TITLE AGREEMENT
City of Winter Springs, Florida
Page 3 of 3
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attornrys at Law
'Board Certified Civil Trial Lawyer
[]Board Certified City, County & Local Government Law
RECEIVED
AIH~ ? 5 ?nn5
Debra S. Babb-Nutcher'J
Joseph E. Blitch
Victoria L. Cecil
Scott J. Dornstein
Andrew M. Fisher
Katherine W. Latorre
Amy J. Pitsch
Usher L. Brown'
Suzanne D'Agresta[]
Anthony A. GarganeseD
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
GlTY 6FJ\lINIg;R SPRINGS
QfFICE OF TH~ CITY CLERK
Erin J. O'Leary
J. W. Taylor
Of Counsel
August 23, 2005
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: City of Winter Springs Unity of Title Agreement
Original for Signature
Dear Andrea:
Please find enclosed, the original Agreement forthe above referenced matter. The
same should be signed by the Mayor as soon as is practicable. Please see that the Mayor
signs the Agreement and that it is attested to and then please return the document to my
office so that the same may be recorded in the Seminole County Public Records.
Please contact me if you should have any questions.
Very Truly Yours,
:=1? (:lJ
. t~\LlL \~v01v--- .
r-' S ndid~mVker
. ssistant to Anthony Garganese
Enclosure
225 East Robinson Street, Suite 660 . P.O. Box 2873' Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144' Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
Prepared by and return to:
Anthony A. Garganese, Esquire
Brown, Garganese, Weiss & D' Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
Tax Parcel Id: Parcel I: 34-20-30-5A W -0000-0030
Parcel 2: 34-20-30-529-0000-00 I 0
Parcel 3: 34-20-30-529-0000-0020
Parcel 4: 34-20-30-529-0000-0030
Parcel 5: 34-20-30-529-0000-0040
Parcel 6: 34-20-30-529-0000-0050
Parcel 7: 34-20-30-529-0000-0060
Parcel 8: 34-20-30-529-0000-0070
Parcel 9: 34-20-30-529-0000-0080
Parcel 10: 34-20-30-529-0S00-0000
UNITY OF TITLE AGREEMENT
THIS UNITY OF TITLE AGREEMENT is executed this 22nd day of August, 2005, by
THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose address
is 1126 East State Road 434, Winter Springs, Florida, 32708 (hereinafter "THE CITY").
WIT N E SSE T H:
WHEREAS, THE CITY is the owner often (10) individual parcels of property within the
City of Winter Springs, Florida; and
WHEREAS, the parcels are identified as tax parcel number 34-20-30-5A W -0000-0030,
conveyed to THE CITY by special warranty deed recorded in the Official Records of Seminole
County, Florida at Book 4300, Page 1419 ("Parcell"), and parcel numbers 34-20-30-529-0000-
0010,34-20-30-529-0000-0020, 34-20-30-529-0000-0030, 34-20-30-529-0000-0040, 34-20-30-529-
0000-0050, 34-20-30-529-0000-0060, 34-20-30-529-0000-0070, 34-20-30-529-0000-0080 and 34-
20-30-529-0S00-0000, all conveyed to THE CITY by warranty deed recorded in the Official Records
of Seminole County, Florida at Book 4364, Page 1191 ("Parcels 2-10," respectively); and
WHEREAS, these parcels of property lie contiguous to one another; and
WHEREAS, THE CITY desires to locate its public works compound on these properties,
which would entail constructing several structures overlapping the different parcel boundaries; and
WHEREAS, THE CITY, as a self-imposed restriction, desires to record this Agreement to
demonstrate unity of ownership and title in the above-referenced parcels; and
UNITY OF TITLE AGREEMENT
City of Winter Springs, Florida
Page I of3
WHEREAS, THE CITY desires to have the parcels recognized as one (1) lot for
development purposes under THE CITY'S land development regulations; and
NOW, THEREFORE, in consideration of the covenants contained herein, THE CITY
agrees as follows:
1. The foregoing recitals are true and correct and are hereby fully incorporated into this
Agreement by this reference.
2. THE CITY represents and warrants that it possess fee simple title to the parcels identified
herein:
Parcel 1:
As legally described in the Special Warranty Deed recorded in Official Record
Book 4300, Page 1419 of Seminole County, Florida.
Parcels 2 through 10:
As legally described in the Warranty Deed recorded in Official Record Book 4364, Page
1191 of Seminole County, Florida.
3. THE CITY agrees, as a self-imposed restriction, that the above referenced parcels ofland
shall be unified in ownership and title for development purposes upon recording ofthis Agreement.
4. THE CITY further agrees to not sell, convey, or assign any interest in these parcels, which
would cause the loss of unity of ownership or title, without first obtaining the written consent ofthe
City Commission of the City of Winter Springs.
5. THE CITY agrees and consents that this Agreement shall be recorded in the office of the
Clerk of Circuit Court in and for Seminole County, Florida.
6. THE CITY agrees that the provisions of this Agreement shall run with the land.
IN WITNESS WHEREOF, THE CITY OF WINTER SPRINGS, FLORIDA has
hereunder set its hand and seal the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
UNITY OF TITLE AGREEMENT
City of Winter Springs, Florida
Page 2 of3
THE CITY OF WINTER SPRINGS, FLORIDA,
a Florida Municipal Corporation.
By:
.A~_) ;jL~~
. BUSH,
orenzo- Luaces,
lerk
Approved as to legal form and sufficiency:
ANTHONY A. GARGANESE, City Attorney
UNITY OF TITLE AGREEMENT
City of Winter Springs, Florida
Page 3 of3
'0......'.'.'...'.'.'.'.
Prepared by and return to:
Anthony A. Garganese, Esquire
Brown, Garganese, Weiss & D' Agresta, P .A.
ost Office Box 2873
dando, Florida 32802-2873
(407) 425-9566
MARYAtfE tIlJRSE, CLERK iF CIRCUIT (;(lIfT
SEMUt.llE w.tm
BK O~,892 PGS 1700-1702
CLERK'S :It 2005154118
R!:.UJRDa) 09/0fJ/f!(qj 08:39:32 AM
RECORDING FEES 21.00
RECORDI:J) BY t hold~"
. ;
Tax Parcel Id: Parcell: 34-20-30-5A W -0000-0030
Parcel 2:34-20-30-529-0000-0010
Parcel 3: 34-20-30-529-0000-0020
Parcel 4: 34-20-30-529-0000-0030
Parcel 5:34-20-30-529-0000-0040
Parcel 6: 34-20-30-529-0000-0050
Parcel 7:34-20-30-529-0000-0060
Parcel 8: 34-20-30-529-0000-0070
Parcel 9: 34-20-30-529-0000-0080
Parcel 10: 34-20-30-529-0S00-0000
UNITY OF TITLE AGREEMENT
THIS UNITY OF TITLE AGREEMENT is executed this 22nd day of August, 2005, by
THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose address
is 1126 East State Road 434, Winter Springs, Florida, 32708 (hereinafter "THE CITY").
WIT N E SSE T H:
WHEREAS, THE CITY is the owner of ten (10) individual parcels of property within the
City of Winter Springs, Florida; and
WHEREAS, the parcels are identified as tax parcel number 34-20-30-5A W-0000-0030,
conveyed to THE CITY by special warranty deed recorded in the Official Records of Seminole
County, Florida at Book 4300, Page 1419 ("Parcell"), and parcel numbers 34-20-30-529-0000-
0010,34-20-30-529-0000-0020, 34-20-30-529-0000-0030, 34-20-30-529-0000-0040, 34-20-30-529-
0000-0050, 34-20-30-529-0000-0060, 34-20-30-529-0000-0070, 34-20-30-529-0000-0080 and 34-
20-30-529-0S00-0000, all conveyed to THE CITY by warranty deed recorded in the Official Records
of Seminole County, Florida at Book 4364, Page 1191 ("Parcels 2-10," respectively); and
WHEREAS, these parcels of property lie contiguous to one another; and
WHEREAS, THE CITY desires to locate its public works compound on these properties,
which would entail constructing several structures overlapping the different parcel boundaries; and
WHEREAS, THE CITY, as a self-imposed restriction, desires to record this Agreement to
demonstrate unity of ownership and title in the above-referenced parcels; and
UNITY OF TITLE AGREEMENT
City of Winter Springs, Florida
Page 1 of3
. .
WHEREAS, THE CITY desires to have the parcels recognized as one (1) lot for
development purposes under THE CITY'S land development regulations; and
NOW, THEREFORE, in consideration of the covenants contained herein, THE CITY
agrees as follows:
1. The foregoing recitals are true and correct and are hereby fully incorporated into this
Agreement by this reference.
2. THE CITY represents and warrants that it possess fee simple title to the parcels identified
herein:
Parcell:
As legally described in the Special Warranty Deed recorded in Official Record
Book 4300, Page 1419 of Seminole County, Florida.
Parcels 2 through 10:
As legally described in the Warranty Deed recorded in Official Record Book 4364, Page
1191 of Seminole County, Florida.
3. THE CITY agrees, as a self-imposed restriction, that the above referenced parcels ofland
shall be unified in ownership and title for development purposes upon recording ofthis Agreement.
4. THE CITY further agrees to not sell, convey, or assign any interest in these parcels, which
would cause the loss of unity of ownership or title, without first obtaining the written consent ofthe
City Commission of the City of Winter Springs.
5. THE CITY agrees and consents that this Agreement shall be recorded in the office of the
Clerk of Circuit Court in and for Seminole County, Florida.
6. THE CITY agrees that the provisions of this Agreement shall run with the land.
IN WITNESS WHEREOF, THE CITY OF WINTER SPRINGS, FLORIDA has
hereunder set its hand and seal the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
UNITY OF TITLE AGREEMENT
City of Winter Springs, Florida
Page 2 of3
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ANTHONY A. GARGANESE, City Attorney
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THE CITY OF WINTERS'PJfNG~ <Itt~QIDA,
a Florida Municipal Corporau~~.' ";;";,: <//", ' ,
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By:
UNITY OF TITLE AGREEMENT
City of Winter Springs, Florida
Page 3 of3