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Home My WebLink About2004 12 13 Public Hearings Item 404 l '.i COMMISSION AGENDA ITEM 404 Consent "Informational Public Hearing X Regular December 13.2004 Meeting . Mgr. / Att. / REQUEST: The City Attorney and City Manager requests that the City Commission adopt on second and final reading Ordinance No. 2004-51. PURPOSE: Authorize the City Manager to convey the real property obtained by the City from Wyman Fields Foundation, Inc. through foreclosure. APPLICABLE LAW AND PUBLIC POLICY: Winter-Springs-Ghar-ter,Article N; Section 4.14 CONSIDERATIONS: 1. The City previously entered into an agreement with Wyman Fields Foundation, Inc. to rehab, and convert to home ownership, over 40 apartment Units within the City of Winter Springs. '. . 2. The City contributed rehab funds for the Project and received a mortgage interest in the Units and Common Area. 3. The Proj eet was very successful. However, Wyman Fields defaulted on the mortgage with four Units still left to sell. 4. The City initiated foreclosure proceedings against-W-yman-PieJds-and-munerous infenor lienholders. 5. The City prevailed in the foreclosure action and obtained the four (4) Units, and some Common Area, at the foreclosure sale on November 9, 2004. Page 1 of 2 . . 6. Tbe City now must sell the Units and Common Area. 7. The City Charter, Section 4.14 requires that an ordinance be adopted before the City sells real property. 8. Sale of the Units will complete the Project and the City will recover additional funds that were spent to rehab the Project. 9. The Units will be sold at fair market value and sold to individual. homeowners pursWlnt to the original goals of the Project. 10. The Common Area will be conveyed to the Homeowner's Association for perpetual control and maintenance, as was reqUired under the Declarations and Covenants of the Homeowner' s Association docUments. 11. The units and common area are surplus property. STAFF RECOMMENDATION: The City Manager and City Attorney recommend approval. ATTACHMENT: Ordinance No. 2004-51 COMMISSION ACTION: 1. The City Commission authorized foreclosure. 2. The City prevailed in the foreclosure lawsuit. 3. The City waS awarded the Property at Foreclosure Sale on November 9, 2004. 4. Ordinance No. 2004-51 was passed on First Reading on November 22,2004. Page 2 of 2 , ~ ORDINANCE NO. 2004-51 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONVEY THE FOUR (4) TOWNHOME UNITS AND COMMON AREA PROPERTY OBTAINED BY THE CITY OF WINTER SPRINGS IN"THE FORECLOSURE ACTION AGAINST WYMAN FIELDS FOUNDATION, 1Ne., ET AL. PURSUANT TO SECTION 4.14 "" OF THE CITY OF WINTER SPRINGS CHARTER; PROVIDING FOR SEVERABiliTY, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIll, ofthe State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, upon October 14. 2004, the City of Winter Springs obtained summary final judgment on foreclosure against Wyman Fields Foundation, Inc., et al; and WHEREAS, pursuant to the final judgment, the City foreclosed on four (4) townhome units and common areas located in the Moss Place and Moss Cove Subdivisions located within the City of Winter Springs, Florida; and WHEREAS, on November 9,2004, the City of Winter Springs obtained the four (4) units, and common area, at foreclosure sale before the Clerk of the Court in Seminole County, Florida; and WHEREAS, the City Commission of the City of Winter Spnngs, Florida, hereby fmds that the four (4) units and common area are surplus property and that it is in the best interests of the City of the City of Winter Springs to sell the four (4) townhome units and common area as provided in "this Ordinance; and WHEREAS, the City Commission of the City oeWinter Springs, finds that this Ordinance is in the best interests of the public health. safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2004-51 Page 1 of 3 '# ~ . ... Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Sale of Real Property. The City ColllIhission of the City of Winter Springs hereby authorizes the City Manager to sell the following properties at fair market value: a. 124 Rhoden Lane; Tax Parcel # 34203054104000010; Legal description: Lot 1,BJock 4~ MOSS PLACE, according to the plat thereof as recorded in Plat Book 59, Pages 25 and 26, Public Records of Seminole County, Florida. b. 108 Kristi Ann Court; Tax Parcel # 03213052007"000010; Legal description: Lot I, Block 7, MOSS COVE, according to the plat thereof as recorded in Plat Book 58, Page 84, Public Records of Seminole County, Florida. c. . 118 Kristi Ann Court; Tax Paicel # 03213052006000020; Legal description: Lot 2, Block 6, MOSS COVE, according to the plat thereof as recorded in Plat Book 58. Page 84, Public Records of Seminole County, Florida. d. 123 Kristi Ann Court; Tax Parcel # 03213052003000030; Legal description: Lot 3, Block 3, MOSS COVE. according to the plat thereof as recorded in Plat Book 58, Page 84, Public Records of Seminole County, Florida. In addition, the City Manager is hereby authorized to convey the common areas to the Moss Cove Homeowner's Association. The common areas are legally described as follows: a. Tract Al MOSS PLACE PB 59 Pgs 25-26; b. Tract A2 MOSS PLACE PB 59 Pgs 25-26; c. Tract A3 MOSS PLACE PB.59 Pgs 25-26; d. Tract A4 MOSS PLACE PB 59 Pgs 25-26; City of Winter Springs Ordinance No. 2004-5 I Page 2 of 3 'U. ~ . r. ';' e. Tract AS MOSS PLACE PB 59 Pgs 25-26. The c.ommon areas shall be conveyed in a manner that the City Manager deems to be in the best interest of the City of Winter Springs. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision. and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2004. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACESt City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE,City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2004.51 Page 3 of 3