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HomeMy WebLinkAboutMoss Park Partners Unity of Title Agreement - 2013 02 14 MARYANNE NORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 07966 Po, 140 7 - 1411; Vim) CLE RI4' S # 2013023012 Prepared By and Return To: RECORDED 02/14/2013 03:52:15 PM RECORDING FEES 44.00 Troy Finnegan, Esq. RECIFirihD BY T Smith Broad and Cassel 0 OOP`l 390 North Orange Avenue tti(11 , 0011-UR Suite 1400 Ft'1 PN 01 Cfl Orlando,Florida 32801 CLERK UE 00'�� A111. ,t4 SO „At! ZQ13 UNITY OF TITLE AGREEMENT THIS UNITY''����,,,E,�TITLE AGREEMENT (the "Agreement") is executed this JL day of VQ.Lc-1,4, , 73=1- by MOSS PARK PARTNERS, LTD., a Florida limited partnership ("Owner"), whose address is 700 West Morse Boulevard, Suite 220, Winter Park, Florida 32789. WITNESSETH: WHEREAS, Owner is the owner of two (2) individual parcels of property within the City of Winter Springs, Florida; and WHEREAS, the parcel identified by tax parcel numbers 26-20-30-5AR-OD00-012P, 26- 20-30-5AR-OD00-012H, and 26-20-30-5AR-OD00-012Q, was conveyed to Owner by the Special Warranty Deed recorded in Official Records Book 7722, Page 397, Public Records of Seminole County, Florida ("Parcel A"), and the parcel identified by tax parcel number 26-20-30-5AR- OD00-0125, was conveyed to Owner by the Special Warranty Deed recorded in Official Records Book 7776, Page 1891, Public Records of Seminole County, Florida("Parcel B"); and WHEREAS, Parcel A and Parcel B lie contiguous to one another; and WHEREAS, Owner desires to develop multi-family housing on Parcel A and Parcel B, which would entail constructing improvements overlapping the different parcel boundaries; and WHEREAS, Owner, as a self-imposed restriction, desires to record this Agreement to demonstrate unity of ownership and title in Parcel A and Parcel B; and WHEREAS, Owner desires to have the Parcel A and Parcel B recognized as one (1) lot for development purposes under the City of Winter Springs, Florida's land development regulations. NOW, THEREFORE, in consideration of the covenants contained herein, Owner agrees as follows: Moss Park—Unity of Title Agreement 4834-7041-3073 1 12908/0306 y�� 1. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. Owner represents and warrants that it possess fee simple title to Parcel A and Parcel B, as more particularly described on Exhibit "A" and Exhibit "B",respectively, attached hereto and incorporated herein by this reference. 3. Owner agrees, as a self-imposed restriction, that Parcel A and Parcel B shall by unified in ownership and title for development purposes upon recording of this Agreement. 4. Owner further agrees to not sell, convey, or assign any fee simple interest in Parcel A or Parcel B which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City Commission of the City of Winter Springs. 5. Owner agrees and consents that this Agreement shall be recorded in Public Records of Seminole County, Florida. 6. Owner agrees that the provisions of this Agreement shall run with the land. IN WITNESS WHEREOF, Owner has hereunder set its hand and seal the day and year first above written. [SIGNATURE PAGE FOLLOWS] • Moss Park—Unity of Title Agreement 4834-7041-3073 1 12908/0306 Signed, sealed and delivered in the presence of: MOSS PARK PARTNERS, LTD., a Florida limited partnership By: Moss Park Managers, L.L C., Print Name: TINA akdir' a Florida limited liabi�ty'company, its general part er ' / ►V By: Print Name: - Name: Paul M. ''ssigman Title: Manager/ - Ab STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this I L k day of 2011 by _Paul M. Missigman , as Manager of Moss Park Managers, L.L.C., a Florida limited liability company, as general partner of MOSS PARK PARTNERS, LTD., a Florida limited partnership, on behalf of the company and partnership, and who_is.personally known to me or has produced as identification. CvNTHlA l.EE PIURKOSKI Pririt Name: ;�R` • «� M�COMMISSION t�EE2175T0 Notary Public, State of Florida ' SIRES July X1.2016 Commission No. Seraocoo (407)398-0153 Fl m My commission expires: Moss Park—Unity of Title Agreement 4834-7041-3073 I 12908/0306 EXHIBIT "A" Parcel A A portion of Section 34, Township 20 South, Range 30 East, Seminole County, Florida being more particularly described as follows: COMMENCING at the intersection of the East right of way line of Moss Road and the centerline of Longwood- Oviedo Road, per North Orlando as recorded in Plat Book 12, Pages 10 and 11 of the Public Records of Seminole County, Florida; thence along the East right of way of Moss Road N06°55'33"W, a distance of 338.05 feet to the POINT OF BEGINNING; thence continuing along said East right of way N06°55'33"W, a distance of 194.82 feet to a point of curvature of a curve concave to the east having a radius of 676.78 feet and a central angle of 25°30'37"; thence Northerly along the arc a distance of 301.33 feet to a point on the South right of way of Rhoden Lane and the South line of Doug's unit #1 as recorded in Plat Book 31, Page 53 of the Public Records of Seminole County, Florida; thence along said South line S72°06'34"E, a distance of 696.43 feet to a point on a non tangent curve concave to the East, having a radius of 924.31 feet; thence from a chord bearing of S06°18'54"W run Southerly along the arc of said curve, through a central angle of 01°40'10", a distance of 26.93 feet; thence departing said curve the following courses and distances: N84°33'57"E, a distance of 108.54 feet; thence S05°20'08"E, a distance of 360.00 feet; thence S84°39'57"W, a distance of 125.00 feet; thence N05°19'19"W, a distance of 2.37 feet; thence S84°39'55"W, a distance of 101.18 feet; thence N65°28'03"W, a distance of 16.32 feet; thence S84°39'55"W, a distance of 260.70 feet; thence N06°55'33"W, a distance of 160.27 feet; thence S85°05'41"W, a distance of 290.07 feet to the POINT OF BEGINNING. Moss Park—Unity of Title Agreement 4834-7041-3073 1 12908/0306 EXHIBIT"B" Parcel B A portion of Section 34, Township 20 South, Range 30 East, Seminole County, Florida being more particularly described as follows: COMMENCING at the intersection of the East right of way line of Moss Road and the centerline of Longwood-Oviedo Road, per North Orlando as recorded in Plat Book 12, Pages 10 and 11 of the Public Records of Seminole County, Florida; thence along the East right of way of Moss Road N06°55'33"W, a distance of 338.05 feet; thence departing said East right of way line, run North 85°05'41" East for a distance of 290.07 feet; thence run South 06°55'33" East for a distance of 160.27 feet to the POINT OF BEGINNING; thence run North 84°39'55" East for a distance of 260.70 feet; thence run South 65°28'03" East for a distance of 16.32 feet; thence run North 84°39'55" East for a distance of 101.18 feet; thence run South 05°19'19" East for a distance of 127.36 feet to a point on the Northerly right of way of State Road 434; thence run South 84°39'40" West, along said Northerly right of way line, for a distance of 372.24 feet; thence departing said Northerly right of way line, run North 06°55'33" West for a distance of 135.57 feet to the POINT OF BEGINNING. Moss Park—Unity of Title Agreement 4834-7041-3073.1 12908/0306