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2014 03 10 Public Hearing 502 Reconveyance of Property to Wayne P. Reece, Ordinance 2014-08 Second Reading COMMISSION AGENDA Informational Consent ITEM 502 Public Hearings X Regular March 10, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Office of the City Attorney requests that the City Commission consider adopting Ordinance No. 2014-08 re-conveying title to Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 back to Wayne P. Reece because the previously donated Lots are not needed for use and maintenance as a park as originally intended. SYNOPSIS: In 2002, Wayne P. Reece donated to the City Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 for use and maintenance as a park pursuant to a Binding Development Agreement with the City. The City originally intended to construct a passive park in the neighborhood as a buffer between the existing commercial/industrial on nursery road which was being redeveloped pursuant to the Development Agreement and the residential uses on the other side of Nursery Road. However, after the conveyance, the City did not take any significant steps to develop the Lots for park purposes as originally intended. Mr. Reece has indicated by letter to Randy Stevenson that he would be willing to take back title to the Property if the City no longer needs it. City Charter requires that the City Commission authorize the conveyance of land by Ordinance. CONSIDERATIONS: 1. Section 4.14(6) of the City Charter requires the City Commission to authorize the conveyance of land by Ordinance; and 2. On August 1, 2002, the City entered into a Binding Development Agreement with Wayne Public Hearings 502 PAGE 1 OF 3- March 10,2014 P. Reece (Seminole County Official Record Book 4522, Page 1817) for the commercial/industrial redevelopment of real property located along Nursery Road. 3. In accordance with section 7 of the Agreement, Wayne P. Reece agreed to donate and convey Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 to the City for use and maintenance as a park ("Property"). [See Attached property information available from the Property Appraiser's website.] 4. The Property was conveyed to the City by warranty deed recorded in the Official Records of Seminole County, Florida at Book 4641, Page 1570. 5. After the Property was conveyed, the City has been conducting routine maintenance of the Property (lawn mowing/trash pick-up). However, the City did not take any significant steps to develop the Property as a park as originally planned. The City currently has no plans to fully develop the Property as a park. 6. By letter to the City's Community Development Director, dated February 10, 2014, Wayne P. Reece indicated that he would be willing to take the Property back from the City if the City no longer has an interest in keeping it. [See Attached letter]. The Community Development Director and Mr. Reece have discussed using the property to construct townhomes which will provide a residential buffer for the single-family detached homes to the south from the commercial and industrial uses to the north. 7. The Property has a Future Land Use Map designation of Recreation and Open Space and a zoning map designation of C-2 Commercial. If the Property is re-conveyed to Mr. Reece, Mr. Reece will need to submit at least a comprehensive plan amendment application to amend the Future Land Use Map Designation to a designation that will allow the Property to be redeveloped. The City Commission will have to consider an appropriate new future land use map designation at a later date taking into consideration compatibility with the surrounding neighborhood and other factors. The prior City Commission had concerns about commercial/industrial use encroachment on the Property. 8. Because the Property was donated to the City and the original owner has expressed an interest in taking back title to the Property, the City Commission may declare that it is in the best interests of the City to re-convey the Property back to the original owner rather than soliciting competitive bids for the Property. 9. Re-conveying the Property to Mr. Reece is a discretionary matter for the City Commission to decide. The City is not obligated to re-convey the Property. Conveyance will occur within sixty (60) days of the effective date of the Ordinance if approved. FISCAL IMPACT: If the City Commission decides to re-convey the Property to Mr. Reece, there are nominal incidental costs associated with recording the conveyance deed. However, the City will no longer have maintenance responsibilities for the Property. In addition, if re-conveyed, the Property will go back on the City tax rolls and be subject to applicable taxes. COMMUNICATION EFFORTS: Public Hearings 502 PAGE 2 OF 3- March 10,2014 This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney recommends that the City Commission approve second and final reading of Ordinance No. 2014-08 re-conveying title to Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 back to Wayne P. Reece because the previously donated Lots are not needed for use and maintenance as a park as originally intended. ATTACHMENTS: A- Ordinance 2014-08 B -Parcel Maps C -Letter from Wayne P. Reece D - Copy of Legal Ad Public Hearings 502 PAGE 3 OF 3- March 10,2014 Attachment "A" ORDINANCE NO. 2014-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PURSUANT TO SECTION 4.14(6) OF THE CITY CHARTER, AUTHORIZING THE CITY MANAGER TO RECONVEY REAL PROPERTY OBTAINED BY THE CITY OF WINTER SPRINGS BY DONATION FOR PARK PURPOSES PURSUANT TO A BINDING DEVELOPMENT AGREEMENT WITH WAYNE P. REECE RECORDED IN THE OFFICIAL RECORD BOOKS 4533, PAGE 1817; DECLARING THAT THE CITY OF WINTER SPRINGS NO LONGER HAS A PUBLIC PURPOSE INTEREST IN SAID REAL PROPERTY AND THAT IT IS IN THE BEST INTERESTS OF THE CITY TO RECONVEY THE REAL PROPERTY BACK TO THE ORIGINAL OWNER (WAYNE P. REECE); 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(h),Article V111,of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law; and WHEREAS, section 4.14(5) of the City Charter requires the City Commission to authorize the conveyance of lend by Ordinance;and WHEREAS,on August 1,2002,the City entered into a Binding Development Agreement with Wayne P. Reece (Seminole County Official Record Book 4522, Page 1817) for the eommerciaLrindustrial redevelopment of real property, and WHEREAS, in accordance with section 7 of the Agreement, Wayne P. Reece agreed to donate and coney Lots I and 12 of Block D,Talmo Subdivision,Plat Book 9,Page 10 to the City for use and maintenance as a park("Property");and WHEREAS, the Property was conveyed to the City by warranty deed retarded in the Official Records of Seminole County,Florida at Book 4641, Page 1570;and WHEREAS,the City Commission finds that that the City no longer has an interest in the Property far use and maintenance as a park as originally intended;and City of Winter Springs Ordinance No.2014-08 1 WHEREAS,by letter to the City's Community Development Director,dated February 10, 2014,Wayne P.Reece indicated that he would be willing to take the Property back from the City if the City no longer has an interest in keeping it;and WHEREAS, because the Property was donated to the City and the original owner has expressed an interest in taking back title to the Property,the City Commission hereby deems it in the best interests of the City to re-convey the Property back to the original owner rather than soliciting competitive bids for the Property,as such,the competitive bid process is hereby waived; acid WHEREAS,the City Commission of the City of Winter 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: SSe tio I. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Conveyance of Real Property. The City Commission of the City of Winter Springs hereby authorizes the City Manager to re-convey the following property to Wayne P. Reece: Lots 1 and 12 of Block D,Talmo Subdivision, Plat Boole 9,Page 14 "Property-) Section 3. Instructions. The City Attorney is hereby authorized to prepare and file the necessary legal instruments to convey the Property to Wayne P.Reece within sixty(60)days of the effective date of this Ordinance. The City will pay the recording fees for the deed. Any other closing costs (if any) will be paid by Wayne P. Reece unless otherwise approved by the City Manager. The City Manager and Mayor are hereby authorized to sign said instruments on behalf of the City in accordance with the advice of the City Attorney. Section 4. 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 S. SeverabWty. 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 City of Winter Springs Ordinance No. 2014-08 2 validity of the remaining portions of this Ordinance. Section 6. Effeethe 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. In the event,the conveyance of(he Property does not occur within sixty(60)days of the effective date of this Ordinance, this Ordinance shall be deemed repealed at such time the City Commission is advised of such determination at a public meeting. ADOPTED by the City Commission of the City of Winter Springs,Florida, in a regular meeting asseanbled on the day of 2014. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES,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. 201408 3 2114/2014 SCPA Large Parrel Map View Attachment "B" Wr IsAa Li A3 14-1. Ul LS Lu JA A- 17 WV PD GOL� T EP-P-Al- �t'SEREl FT SARA NICOLE LN 43 OAK F&b-p-1 Aerial Bath] El El 6ctents Center Dual Map View -External httpJAwm,scpafi.org karWarcetM ap.as pVRD�33203051300 ODD 120 2/14/2014 SCPA Parcel View.3320-3U-513-ODOO-0010 rKt�lotuZ•aori.CF7A Property Record Card 0 Parcel: 33-20-30-51.3-ODOO-0010 Owner: WINTER SPRINGS CITY OF SFnAI •F CCxatwiY FiCtt7H Property Address: 1080 NURSERY RD WINTER SPRINGS,FL 32708 r Back r previous Parcel Next Parcel Save Layout Reset Layout New Search Parcel:33.20.30.513-0000-0010 Value Summary Pro pert y Address: 1080 NURSERY RD 2014 Working 2013 Certif ied Owner. WINTERSPRINGS CITY OF Values Values Mailing; 1 126 E STATE ROAD 434 Valuation Cost/Market Cast/Market WINTER SPRINGS,FL 32708-2715 Method Subdivision Name: TALMO SUED Number of 0 0 Buildings Tax District: W4-WINTER SPRINGS-17.92 REDVDST Depreciated Bldg Exemptions: 80-CITY(2007) Value DOR Use Code: 80-VACANT GOVERNMENT Depreciated EXFT Value Land Value 524.000 $24,000 (Market) Land Val ue Ag lust/Market 524,000 $24,000 Value"" Portability Adj Save Our Homes $0 S0 Adj LU Amendment 1 54 SO 0 � Adj Assessed Valuel S24,000 $24,000 Tax Amount without SOH: SO 2013 Tax&II Amount 50 Tax Estimator Save Our Homes Savings s0 N}ap Aeria! Bath Footprint ❑+ Ll Extents Center 'Does NOT INCLUDE Non Ad Valorem Assessments Larger Map Advanced Map I Dual Nfap View -External Legal Description LEG LOT 1 BLK D TALMO SURD PR 9 PG 10 Tax Details Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund 524,000 524.040 50 Schools 524,000 S24,OOt1 50 City Winter Springs 524,000 524,000 50 Fire Fund $24,000 $24,000 So Winter Springs Bondsl 524,000 $24,000 54 SjWM(Saint Johns Water Management} $24,000 $24,000 1 50 County Bondsi S24,DO4 $24,000 5O Sales Reed Date Book Page Amount I Vac/ImPI qualified WARRANTY DEED 11/2002 04641 15701 51001 Vacant No WARRANTY DEED 03/20011 241991 13,1JI $14,0001 Vacantl Yes Find Comparable Sales within this Subdivision Land Methodi Frontage Dept hl unitsl Unit Price LandYalue FRONT FOOT&DEPTH 1001 200 .0001 200,001 S24,000 Building Irtf orrnation Year Ruilt Base Total Living Ext Adj Reps #IUescnprtion Artiial/Fffprtivp Fixtures Aran er cc Wall Val. Val.ra Appendage h4-Jh nw.scpafl.orgfPareelDetails.asp)(?ND=3&20-30-513-ODOD-0010 !!2 2/14/2914 SCPA Parcel View.33-20-30-513-01300.0120 Dnvrc► x�tinson.Cr + Property Record Card QY Parcel: 33-20-30-513-ODOO-0120 <1 owner: WINTER SPRINGS CITY OF Property Address: NURSERY RD WINTER SPRINGS, FL 32708 ` a Back <Previous Parcel Next Parcel Sa ve Layout I Reset Layout New Search Parcel:33.20.30.5 13-O 1700.0120 Value Summary Pro pert y Address: NURSERY RD 2014 Working 2013 Cettified Owner. WINTERS PRINGS CITY OF Values Values M ailing: 1 126£STATE ROAD 434 Valuation cost/Market Cost/Market W INTER SPRINGS,FL 32708-2715 Method Subdivision Name: TALMO SUBO Number of 0 0 Buildings Tax District: W4-WINTER SPRINGS-17.92 REDVDST Depreciated Bldg Exemptions: 80-C)TY(2007) Value DOR Use Code: 80-VACANT GOVERNMENT Depreciated D(FC Value Land Value 524,000 S24,OOO (Market) Land Value Ag lust/Market S24.000 $24,000 Value"' Portability Adj Save Our Homes s0 s0 Adj Amendment 1 $O I0 Adj Assessed Value 524,000 524.000 Tax Amount without SOH: 50 2013 Tax Bill Amount SO Tax Estimator Save Our Homes Savings: SO F Aerial Bath Footprint +l El r3Tn_j0r_j Does NOT INCLUDE Non Ad Valorem Assessments Larger Map Advanced Nlap Dual Map View -External Legal Description LEG LOT 1Z BLK D TALMO S UBD P8 9 PG 10 Tax Details Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund 524,000 524,000 SO Schools 624,040 524,004 50 City WInter Springs 524,000 S24,OD0 s0 Fire Fund 524,000 524,000 s0 Winter Springs Bondsl 524,000 S24,OOO SO SJWM(SaintJohns Water Ma nage me nt)l 524,000 S24,ODO SO County Bondsl 524,000 S24,000 I0 Sales Deed Date Book Page Amount VacArn p Qualified WARRANTY DEED 11/2002 04641 M79 $100 Vacant No WARRANTY DEED 03/2001 04 159 12Q $14.000 Vacant Yes Find CcmDarableSales within this S utxlivision Land Method Frontage Depthl Unit Unit Price Land Value FRONT FOOT&DEPTH 100 200 .000 200.00 524,000 Building I of armat io n Year Built Base Total Living Ext Adj Repl #Description ariioal/Fff..ivn Fixtures n—a rZ r CF wan Appendagesl hVJ www.SCpafi.orglParcel D etai I s.as px?P 10=33-20-30-513-OD 00-0120 V2 Attachment "C" REECO PROPERTIES LLLP PO BOX 640 WINTER PARK R. 32790 02/10/14 Randy Stevenson Community Development Director City o}Winter Springs Dear Randy, Many years ago Wayne P. Reece donated.94 acres of land on Nursery Road,Winter Springs FL Lot land Lot 12 Block D, T Alamo Subdivision,Plat Book 9,Page 10. It has come to our attention that the property has no public use therefore Wayne P. Reece requests to take the tittle back on said property. Thank You Very Much,Wayne P.Reece ESKlandcgattttCteTF lrtfayf~�6sta7� d _ I I j -r IP 6 t uc� rvr f a & R xa' .� � im ifsslndr�tfancs d � � � x �Krerre wparrc� ; � � ��fnras�5ayf�tgrrtaf�ir� ca �-ww �� �ancafts � � Y� rgfsEPa#rrtdsac#lin is .10 any Marcrt€r� p �+Naercp Sxten, et#dAM�sar�addrfi�r�ar ON ERD* � ` ors � s ' � S spa�fre1 dinner .� F F"eEsx2g� lan""_".;ru[� , flaky, �St�arr�dedAdck! tar �i f an d�r rid 9a KOKrtth� IaRDTrNIrltwOI VIt6�rtart`st:CuE�rs annuar ryaiia �ffgr5ft�rtdr2iiset1[ QWJQ� AN' IRI?It� '-��._�o� Ili €tseIxaei 1. I FI I N`I, S G T : - roc ea€ �n �11�I��R �1�� assrrnrterar aitd' � EIS MC-0 I I��P la �aVaiiaia��t c l �� rW_ l~ r �� RR �RII � � IE �I 5€Fdia !>�€�[k � ar/��„m. 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