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Home My WebLink About2008 02 25 Consent 207 Approval of Quit Claim Deed from William Fernandez Family Revocable Trust COMMISSION AGENDA ITEM 207 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR February 25, 2008 Meeting MGRJ'Y IDEPT J;jr Authorization REQUEST: Public Works Department ,Requesting Approval of a Quit Claim Deed conveying a Twenty Foot Planting Strip to the City PURPOSE: The purpose of this Board item is to request approval of a quit claim deed conveying a Twenty Foot Planting Strip that was used as part of the Old Public Works Compound to the City from the William Fernandez Family Revocable Trust. CONSIDERA TIONS: This agenda item is needed for the City to acquire the property that has been used as part of the recently vacated Public Works Compound. The 20 foot planting strip was vacated by City ordinance #618 in 1996. However, the North Orlando plat of 1958 created the planting strips as separate parcels and the vacation by ordinance did not give the City any additional ownership interests. I /1 ? .. . . ___9 ,.f ~ .1~..'.'" ..... 022508_ COMM_ Consent_ 207 ]W _Property _ Quit_Claim Consent Agenda Item 207 February 25, 2008 Page 2 Although the City has been openly using the planting strip for 30 plus years as part of the old Public Works compound, the City Attorney recommended contacting the property owner to obtain a quit claim deed rather than trying to acquire the planting strip through legal means. The property owner, William Fernandez (city resident and former P&Z member) was receptive to quit claiming the property to the City but wanted to include two additional identical planting strips between Fairfax Avenue and Devon Avenue and between Devon Avenue and Edgemon Avenue. These other two planting strips are surrounded by residences and would be of no benefit to the City. However, staff did offer to facilitate communication between Mr. Fernandez and the abutting residences to resolve the use of this property. Mr. Fernandez provided a draft quit claim deed which was sent January ih to the City Attorney for review. In addition, Mr. Fernandez has requested the city complete IRS Form 8283 for Non-Cash Charitable Contributions. The City had an appraisal done in 2006 which estimated value of the City property at $6.29/sq. ft. The planting strip area is approximately 4,480 sq. ft. which would make the estimated value $28,180. 022508_ COMM _ Consent_ 207 ]W ]roperty _ Quit_Claim Consent Agenda Item 207 February 25,2008 Page 3 FUNDING: No funding is anticipated at this time other than legal review and recording fees. RECOMMENDA lION: It is recommended that City Commission accept the quit claim deed for Parcel 34-20-30-507-1600-00PO from the William Fernandez Family Revocable Trust and recognize the conveyance as a charitable contribution by completing the appropriate IRS forms. Both actions would be subject to City Attorney review and alteration as needed. IMPLEMENTATION SCHEDULE: The appropriate tax form would be executed in concurrence with the quit claim deed. ATTACHMENTS: 1. Quit Claim Deed COMMISSION ACTION: 022508_ COMM _ Consent_ 207]W ]ropertL Quit_Claim Deed Prepared bv and return to: WILLIAM W. FERNANDEZ, SR., J.D. 250 East Panama Road Winter Springs, Seminole Cty., FL. 32708-3516 Ph. 407-696-5178 Attorney Bar Number: 118413 QUIT CLAIM DEED I I I I I I I Property I.D.:34-20-30-507-1600-00POI THIS QUIT CLAIM DEED, executed this _ day of February 2008, as a GIFT to our Municipality resulting from civic pride by first parties, WILLIAM W. FERNANDEZ, SR. and LINDA J. FERNANDEZ, CO- TRUSTEES of the WM. W. FERNANDEZ FAMILY REVOCABLE TRUST dated April 16, 1996 revised Nov. 1, 2003, a married couple, Grantors to second party, The CITY of WINTER SPRINGS, a municipal- governmental corporation and political subdivision of the State of Florida, Grantee, of: 1126 East State Road 434, Winter Springs, Florida 32708; Web Page: http://www.WinterSprinqsFl.orq WITNESSETH: that Grantors as result of the above consideration hereby convey, grant, bargain, sell, alien, remise, release, confirm, dispose and quit-claim unto second party, Grantee, forever, all the right, title, interest, claim, and demand which the first parties-grantors have in and to the following described real properties, lots, pieces or parcels of land, situate, lying and being in the County of Seminole, State of Florida, to wit: Planting Areas in Block 16, NORTH ORLANDO, according to the map or plat thereof as recorded in Plat Book 12, Page 11, Public Records of Seminole County, Florida. Property 10: 34-20-30-507-1600-00PO;. SUBJECT TO covenants, conditions, & restrictions of record, if any; & taxes from December 31,2007. TO HAVE AND TO HOLD the same together with all and singular the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties-grantors, either in law or equity, to the only proper use, benefit and behoof of the said second party-grantee located upon, over or under the premises in fee simple forever. IN WITNESS WHEREOF the First Parties-Grantors have set hands and seals the day and year above written. Signed, sealed and delivered in our presence: WITNESS: (Sign and print name) WILLIAM W. FERNANDEZ, SR., CO-TRUSTEE of the WM. W. FERNANDEZ FAMILY REVOCABLE TRUST dated April 16, 1996 revised 11-1-2003 250 East Panama Rd., Winter Spgs., FL 32708-3516 WITNESS: (Sign and print name) LINDA J. FERNANDEZ, CQ- TRUSTEE of the WM. W. FERNANDEZ FAMILY REVOCABLE TRUST dated April 16, 1996 revised 11-1-2003 250 East Panama Rd., Winter Spgs., FL 32708-3516 End page Quit Claim Deed QUIT CLAIM DEED STATE OF FLORIDA: COUNTY OF SEMINOLE: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in said State and County to take oaths and acknowledgements, personally appeared WILLIAM W. FERNANDEZ, SR., and LINDA J. FERNANDEZ, CO-TRUSTEES, who provided picture identification and were thus to me personally known to be the persons described in and who executed the foregoing Quit Claim Deed and acknowledged before me under oath the execution of same freely and voluntarily in the presence of the two subscribing witnesses. WITNESS my hand and official seal in the County and State last aforesaid this _ day of Jan. 2008. [STAMP OR SEAL] Notary Public: (Sign and print or stamp name) My commission number: My commission expires: End page Quit Claim Deed n~nulAllallli111~ININm~Iml~ll~NmNlNlll~ilun QUIT CLAIM Deed Prepared by and return to: WILLIAM W. FERNANDEZ, SR., J.D. 250 East Panama Road Winter Springs, Seminole Cty., FL. 32708-3516 Ph.407-696-5178 Attorney Bar Number: 118413 Property I D •34-20-30-507-1600-OOPO C0~ g~ c,~~~~`~ ~~ °v~ D~~MA~RNNE MUNbk, L'LENK tl~ CINCUIT C(NJNf 8EMINOLE CUUN~"Y BK OY031 Pgs 1803 - 1804 (~pqs) CLERK' 5 # 2t7C~6t~6~417 R~cuNl-E~n a~il~ii~ao8 aaj 1~v0~ ~ RkCUNU1NG FEkf3 18.:10 RECgNDED 8Y v users 200 .. ~~` , . THIS QUIT CLAIM DEED, executed this 17th day of July 2008, as a GIFT to our Municipality resulting from civic pride by first parties, WILLIAM W. FERNANDEZ, SR. and LINDA J. FERNANDEZ, CO- TRUSTEES of the WM. W. FERNANDEZ FAMILY REVOCABLE TRUST dated April 16, 1996 revised Nov. 1, 2003, a married couple, Grantors to second party, The CITY of WINTER SPRINGS, amunicipal- governmental corporation and political subdivision of the State of Florida, Grantee, of: 1126 East State Road 434, Winter Springs, Florida 32708; WITNESSETH: that Grantors as result of the above consideration hereby convey, grant, bargain, sell, alien, remise, release, confirm, dispose and quit-claim unto second party, Grantee, forever, all the right, title, interest, claim, and demand which the first parties-grantors have in and to the following described real properties, lots, pieces or parcels of land, situate, lying and being in the County of Seminole, State of Florida, to wit: Planting Area in Block 16, NORTH ORLANDO, according to the map or plat thereof as recorded iin Plat Book 12, Page 11, Public Records of Seminole County, Florida. Property ID: 34-20-30-507-1600-OOPO SUBJECT TO covenants, conditions, & restrictions of record, if any; & taxes from December 31, 2007. TO HAVE AND TO HOLD the same together with all and singular the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties-grantors, either in law or equity, to the only proper use, benefit and behoof of the said second party-grantee located upon, over or under the premises in fee simple forever. IN WITNESS WHEREOF the First Parties-Grantors have set hands and seals the day and year above written. /"~~.. r-~/~ Signed, sealed and delivered in our presence: ~~ ~ *, I -, WITNESS: Kidton Lockcuff ( ~f~~,~.~•~. ~~d ~ ~ ~, ~' ~ / ~ ~ i"~~% ~ ~`,,~" ~ fill 1 ` ~L ~ ~ WILLIAM W. F of the WM. W. FE ANDEZ~MIL TRUST dated Apra 16 .a-99"6 revise 250 ~ Pana Rd., Winter Spgs., ~ _ ~ ~: l~f~REVOCABLE d 11-1-2003 FL 32708-3516 WITNESS: Ki tbn Lockcuff°~ ~` ~x ~~ LIN A J. FERN NDEZ, CO-TRUSTE `~ p ~ ~~ ?"~'~ of th WM. lyV: FERNANDEZ FAMIL REVOCABLE TRUST dated April 16, 1996 revised 11-1-2003 250 East Panama Rd., Winter Spgs., FL 32708-3516 _ . ~ ~ QUIT CLAIM DEED STATE OF FLORIDA: COUNTY OF SEMINOLE: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in said State and County to take oaths and acknowledgements, personally appeared WILLIAM W. FERNANDEZ, SR., and LINDA J. FERNANDEZ, CO-TRUSTEES, who provided picture identification and were thus to me personally known to be the persons described in and who executed the foregoing Quit Claim Deed and acknowledged before me under oath the execution of same freely and voluntarily in the presence of the two subscribing witnesses. WITNESS my hand and official seal in the County and State last aforesaid this i'~~day of July 17, 2008. [STAMP OR SEAL] -~ ~P~r F~q ~~,,~ra r p~iblic State of Florida o ? Jun i u. 'Worn"' ~.xunenutr~2iZ(11f? I~IOtar~ PUbIIC: (Sign and print or stamp name) My commission number: ~~ 5~`~ bit ~ My commission expires: ~ ~ la--~ ~o ~ D