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HomeMy WebLinkAbout1999 05 24 Regular Item E COMMISSION AGENDA ITEM E May 24.1999 Meeting Consent Informational Public Hearin Re ular X MG~T. Aut orization REQUEST: The Commission is requested to consider execution by the City of a Quick Claim Deed (QCD) for the southern 20' of the western portion of Lot 56, Plat of Springs Hammock, Plat Book 2, pages 2-5, Public Records of Seminole County, located on Shepherd Road. PURPOSE: The purpose of this request is to allow for a long sought sidewalk segment that would be completed on the property to serve area residents and school children CONSIDERATION: The owners of the property are Hattaway & Bruce. Mr. Hattaway has written Commissioner Gennell requesting a QCD from Seminole County. The Commissioner has suggested to Mr. Hattaway a QCD from the City in exchange for an easement over the same land area, with the purpose of the easement to be for a sidewalk; drainage and other public utilities. A QCD from the City that does not harm the City if we receive the easement simultaneously. Therefore, the City Attorney recommends that the City hold the QCD in Trust until the p'roperly executed easement is received in from the owners for recording. Only then should both the QCD and the easement be recorded in the Public Records of Seminole County. Title to this 20' parcel is ambiguous. The County received a deed to it in 1947. but the deed was not recorded until 1948. Unfortunately, this property was sold and the new buyer's deed was recorded before the deed to the County was recorded. This creates an ambiguity in regard to title to the property. The easement would solve this issue of the legal right of the City to construct a sidewalk and install public utilities in the easement even though Hattaway & Bruce's claim to the 20' might well be defeated. Regular Agenda Item E Page 2 of Two May 24, 1999 This has been in dispute as the property owners have ejected City construction crews in the area in the past. I n January 1997, the City Commission approved an arrangement with the County whereby the City would pay the $900 materials cost and the County would do the installation. However, the work was never performed and the County initiated the process of transferring the Shepard Road right of way to the City with the sidewalk issue unresolved. FUNDING: Recording Fees; nominal RECOMMENDATION: Authorize execution of the QCD for the southern 20' of the western part of Lot 56 contingent upon simultaneous delivery by the Property Owner of a general utility easement satisfactory to staff allowing construction of a sidewalk and installation of public utilities on the described 20' strip of property. ATTACHMENTS: Form Easement from Hattaway & Bruce to City of Winter Springs. Letter from Hattaway & Bruce dated 4-23-99. Memorandum from Attorney Bernard Martin describing title to the above described 20' of property. COMMISISON ACTION: SIDEWALK AND UTILITY EASEMENT Parcel I.D.# 2120305AP0000056A TillS INDENTURE MADE THE _ day of ,1999 between Hattaway & Bruce, a Florida general partnership, GRANTOR, and the City of Winter Springs, GRANTEE. WITNESSETH, that the GRANTOR in consideration of the sum of $10.00 and other good and valuable consideration paid by the GRANTEE, and the receipt whereof is hereby acknowledged, does hereby give and grant to the GRANTEE and its successors and assigns, an easement for water and sewer utility and sidewalk purposes, with authority, to enter upon, construct, maintain and operate such utilities across, under and upon the following described lands situated in Seminole County, Florida, subject to any previous granted easements, to-wit: The property as described as follows: The south twenty (20) feet of the western portion of Lot 56, Plat of Spring Hammock, Plat Book 2, Pages 2-5, Public Records of Seminole County Florida. TO HAVE AND TO HOLD said easement unto the said GRANTEE and its assigns forever. THE GRANTEE herein and its successors and assigns shall have the right to construct a pedestrian sidewalk and to clear and keep clear trees, undergrowth and other obstructions that interfere with operation or maintenance of the sidewalk utilities constructed by the said GRANTEE and its successors and plant material or any other normal improvements wich do not interfere with the operation of the utilities, if said plant materials or paving improvements are damaged by maintenance or operation of the utilities, constructed thereon. The GRANTOR and its successors and assigns agree not to build, construct or create, nor permit others to build, construct or create any buildings or other structure within the easement that interfere with the operation or maintenance of the utilities installed thereon. GRANTOR or its assigns shall have the right to install grass, trees, shrubs, or other materials or utilize the easement as GRANTOR deems desirable provided that said plant materials or improvements do not interfere with operation or maintenance of the utilities installed thereon. IN WITNESS THEREOF, the said GRANTOR has caused these present to be signed F:\ Winter Springs\utilityeasement.doc in its name by its Representative on the date and year first above written. Signed, Sealed and delivered in the presence of: WITNESSES SIGNATURES HATTAWAY & BRUCE, a Florida general partnership By: Signature General Partner (Signature) Typed or Printed Name Typed or Printed Name Signature Typed or Printed Name STATE OF FLORIDA COUNTY OF SEMINOLE THE FOREGOING instrument was acknowledged before me this day of , 1999, by , who is personally known to me or who has produced , as identification and who [did] [did not] take an oath. {NOTORIAL SEAL} Notary Public Printed Name of Notary My Commission expires: THIS INSTRUMENT PREPARED BY: Robert D. Guthrie, Esq. Attorney for City of Winter Springs 105 E. Robinson Street, Suite 20] Orlando, FL 32801 (Return to Robert D. Guthrie) - , "'h ,~ '.,ii -:, ........ ~ ~ - , ~ , ~ G -'i\t r '"' :- ,.-, ~f:;i r/ F:\ Winter Springs\utilityeasement.doc 04-29-99 11:52' AM FROM CITY OF WINTER SPRGS 'P02/03 ': =1' ~~;;.";.":'-~'J~';;-" " ',', ',':, - :' " . . ,,'."' :':'~:':>, - '" ,:'" ': ':, ,,::-'; .. ' ....:>.;;~}I ,::.,.!~'F., .t'.).. ". ....",.~,' ',' '. . '.""..." .".,.":,.,, t" "" ..,. ... .:~~(~tJ.~~ ~:... ~:\:' , ~ :~: ~.: :"::" ~ ::... , ~ . ..::.. .: ':~"~: ~~...\~.:-~:t ,.:. ..::: '~.~. :.... "': '1" ". 1 "~!'l""~-"> ", ,'r,.'.".. ',' ",. ...,\ ""f'; "< '," , '<!?:'''''' .' ;"'.~att~:~:~~\~ealtY 840 ~tII~'Plae8'~ ~ ~rida 32'50 Telephone (407) 831.7500 Fax (407) 331-7500 Apr1'l 2,3, 1999 CO~~Bsione~ Cindy Gennel1 City'of Winter Springs ' 1126 East Hiihway 434 Winter Springs, FL 32708 Dear Cindy: Per our recent telephone conversation, I am enClosing a draft of a quit claim deed for the property on S~epherd Road. Please note I have eliminated our Old address and inserted in pen our new address. If you have any questions, please call me. Sincerely, HATTAWAY & BRUCE 1IJt;k, Mike Hattaway JMH/rbb Enclosure ?MCtA ;J U;, ~/J.(JJ>Q .sA f 0<9000.501} Estabruhed 1969 04-29-99 11:52 AM FROM CITY OF WINTER SPRGS P03/03 . .', . . f' This Instrument prepared by {and return to}: Ross S, Payne Attorney at Law 2832 Waym.yer Drive Orlando, Florida 32812 [Q)~~lPi Parcel identification no.: Grantee SSN: . QUITCLAIM DEED SE.MlNOLB COUNlY,. political subdivision of the State o!Florida. whose present mailing address is 1101 East First Stroot, Sanford, Florid& 32771 (!he "Giantot'). lor and In consideration of the 111m of Ten DoUara ($ 10.00) lU1d other iOad and valuable c:onsidemion, the receipt of which is hereby aclmowledged by the Grantor, hereby quitclaims to ,HATTA WAY &: BaUCB. 4 Florida ieneral partnmhip (the "Grancec'O. whose mailm, addreis is -1@:'"8'1O We:I:kt"WtUf ~t Ul~J,,,, 434, Longwood,oF1.orid& 32750, and me Grantee's heirs and auigns, all of the right, title, and mtmJt of ph..ce vruntor fn and to the following described real property (the "Property") located in Seminole County, Florida: The South 20 foot of SPlUNG HAMMOCI<, according to the plat thercsot rtc:orded in Plat Book 2. pag" 2, Publi~ Records otSominole County, Florida.. IN WIThlESS WHEREOP, the Grantor has executed thla insttument this _ day of ,1997. SEMINOLE COUN1Y, a politic:.s.l subdivision of tho State of Florida ' By: C1lirraan, Board of County Commissioners M authorized by the Boud of County Commluionon , at ~eir ;cgular meeting held On . 199.:-. A TrEST . . MARYANNE MORSE, Clork to the Board of County Commissionct"$ of Seminole County, Florida .- BERNARD J, MARTIN ATTORNEY AT LAW 506 WYMORE ROAD WINTER PARK, FL 32789 TELEPHONE (407) 645-5566 FAX (407) 629-5389 December 3, 1998 Mr. Ron McLemore City Manager - City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 VIA FAX TO: .127-475.1 Re: Lot 56A - Spring Hammock Hattaway and Bruce South Road/Sheoard Road Dear Ron: This letter will follow up our recent meeting regarding Shepard Road and the right-of-way limi- tations as affected by the claim of Hattaway and Bruce over Lot 56A. Summary The original owner of Lot 56, Shepard, conveyed to Cox Lot 56 in a deed dated December 19, 1947. The second step was that Shepard quit claimed to Seminole County the south 20 feet over Lot 56, dated September 10, 1948. The third step was that Cox recorded his deed Septem-' ber 24, 1948, and the fourth step was that: Seminole County recorded its deed October 7, 1948. Therefore, a common Grantor, Shepard, gave a deed to the entire lot to Cox and before Cox re- corded his deed, almost a year later, Shepard gave a quit claim deed to Seminole County for the south 20 feet over Lot 56. After the second deed Uunior deed) had been issued, Cox recorded his deed (senior deed). Florida Law, in accordance with Florida Statutes ~695.01, states that "no conveyance of real property shall be good against a subsequent purchaser for valuable consideration and with- out notice." Basically, this estops claims by Grantees who fail to record. The prevailing case law, Van Eepoel Real Estate Company us. Sarasota Milk Company, et aI, 129 So_ 89, 895(Fla. 1930), states that "if a person does not record his deed in a timely fashion, other deeds will be upheld." In essence, the Florida Supreme Court applied the priority principle stating that when one purchases for value without notice of a prior unrecorded deed, the rights acquired under the junior deed are superior to those held on the senior deed, even though the senior deed was recorded prior to the junior deed. This is exactly what happened in this instance. The sen- ior deed being the transmittal of the entire Lot 56 by Shepard to Cox, and then a subsequent junior deed from Shepard to Seminole County for the south 20 feet of the entire Lot 56. The western portion of Lot 56 was sold on August 16, 1996 to Hattaway and Bruce who subsequently claimed ownership of the south 20 feet. In fact, they claim ownership over the entire south 20 feet of Lot 56. Their basis of reasoning is that when they took title to the western pOltion of Lot 56, the description read "Lot 56 less that which was originally conveyed" which would be the remainder portion not conveyed by the original Grantor. They feel that since the southern 20 ~ foot conveyance is invalid and they retained' a remainder right, they own the entire southerly 20 feet of overall Lot 56. Ouestion No.1: Whether a determination of ownership can be made as to the south 20 feet of Lot 56 - The ownership of the south 20 feet of Lot 56, would have to be adjudicated by a declaratory action, filed in COUlt to allow the Court to determine ownership. The eastern portion of Lot 56 has been improvcd upon, over the southern 30 feet with a road right-of-way and a sidewalk and there is ccrtainly a strong claim of ownership over that portion since it has been improved upon and maintained by the County. On the westerly portion, there is a drainage ditch and pipe culvert and other unimproved areas with a lot of vegetation. This indicates that there has been no maintenance ill the arca paralleling Shepard Road. Ouestion No.2: Of what value or necessity is the right-of-wav? The original right-of-way as platted is only 40 feet. The additional right-of-way of20 feet provides for a60- foot right-of-way for Shepard Road. If a person compares a 60-foot right-of-way to a typical subdivision roadway, they would see that the minimum of 50 feet is usually required for a sub- division street with Miami curbs and sidewalks. If a rural section were used, 60 feet would be an absolute minimum. Taper lanes for school entrances and other commercial sites require addi- tional footage. Certainly 60 feet would be the absolute minimum that the city engineering de- partment would probably recommend. Question No.3: What hindrance is the limitation over the 71 feet of Hattawav-Bruce? The county is envisioning vacating their interest in the south 20 feet back to Hattaway-Bruce where Hattaway-Bruce would dedicate a lO-foot sidewalk easement connecting the sidewalk within the northerly right-of-way of Shepard Road. However, by having only an easement for a sidewalk over the property, the city or anyone using the sidewalk would be at the mercy of the property owner as joint use of the area. The area could only be used for a sidewalk and the re- mainder of the right-of-way could not be used for underground utilities, overhead power lines or any other purpose without going to the owner for permission which would be probably be in the form of compensation, a rclease of liability, construction plan approval and any other condition the fee simple owner would require. It might also constrain future city plans for a less than standard right-of-way. Certainly, having a 60-foot right-of-way for the entire Shepard Road, except for the 71-foot portion, does throttle the utility in value of the entire Shepard Road right- of-way. Future utility uses could include adding a lane to Shepard Road, de-acceleratiolJ lanes, grey water utility line, underground utility line, landscaping, street scaping, widening other sidewalks, bicycle trail or a multitude of other areas, between the Highlands area and 17-92, and any other improvements normally associatcd with a commercial corridor can be expected. In summary, I would suggest the City of Winter Springs approach Seminole County as a condition for acceptance of the roadway right-of-way that Seminole County enforce their rights to owner- ship of the south half of Lot 56. Alternately, if the City of Winter Springs feels it is in their best interests to, acquire the maintenance and control of Shepard Road, then they could take on that duty. This would be having Seminole County assign its rights to the City of Winter Springs. I talked with Bob Hunkapillar with Attorney's Title Insurance Company. He is re- searching his files to determine the status of any legal action regarding the south 20 feet over the eastern portion of Lot 56. I will keep you informed as things progress. BJMjswg