HomeMy WebLinkAbout2019 03 11 Public Hearing 400 Ordinance 2019-03, First Reading, Conveyance of Land for the Cross Seminole TrailCOMMISSION AGENDA
ITEM 400
REQUEST:
Informational
Consent
Public Hearings
X
Regular
March 11, 2019 KS
Regular Meeting City Manager Department
The City Attorney requests that the City Commission consider passing Ordinance No. 2019-
03 on First Reading, authorizing the conveyance of land in furtherance of a Developer's
Agreement, dated January 8, 2018, and memorializing by ordinance and ratifying a
conveyance of land to the State of Florida for the "missing link" for the Cross -Seminole
Trail pursuant to an Exchange Agreement, dated February 12, 2018.
SYNOPSIS:
The proposed Ordinance authorizes the conveyance of land to 419 Metal and Auto
Recycling Center, Inc. in furtherance of a Developer's Agreement, dated January 8, 2018,
and memorializing by ordinance and ratifying a conveyance of land to the State of Florida
for the "missing link" for the Cross -Seminole Trail pursuant to an Exchange Agreement,
Dated February 12, 2018.
CONSIDERATIONS:
1. Section 4.14(6) of the City Charter requires the City Commission to convey real
property by ordinance.
2. For many years, the City and Seminole County have sought to complete the Cross
Seminole Trail within the jurisdictional limits of the City. However, completion has been
difficult because adequate land was not available to economically complete a segment of
the trail in the vicinity of State Road 419 ("missing link").
3. In 2018, the City was able to negotiate a Developer's Agreement with 419 Metal
and Auto Recycling Center, Inc. and Bartholomew and Cynthia Phillips, dated January 8,
Public Hearings 400 PAGE 1 OF 3 - March 11, 2019
2018, under which the City temporarily acquired land along State Road 419 for purposes of
later conveying said land to the State of Florida to complete the Cross Seminole Trail within
the City of Winter Springs.
4. The City Commission previously approved an Exchange Agreement with the State
of Florida, dated February 12, 2018. The Exchange Agreement took several years to
finalize with the State of Florida. The Exchange Agreement required the City and the State
to exchange real property of similar value in accordance with a specific statutory process
applicable to such exchanges. As part of the Exchange Agreement, the City was able to
facilitate the transfer of real property temporarily acquired under the Developer's
Agreement to the State for purposes of completing the "missing link" of the Cross Seminole
Trail adjacent to State Road 419.
5. The Developer's Agreement, dated January 8, 2018, between the City and 419 Metal
and Auto Recycling Center, Inc. and other related parties also provides that if the City was
successful in acquiring the Nub Parcel, legally described on Exhibit "A" of the proposed
Ordinance, from the State of Florida under the Exchange Agreement, the City would
convey said parcel to 419 Metal and Auto Recycling Center, Inc. so they could incorporate
said parcel into his development project existing on adjacent land.
6. Under the Developer's Agreement, the City acquired real property from 419 Metal
and Auto Recycling Center, Inc. for purposes of conveying that property to the State
pursuant to the Exchange Agreement to complete the "missing link."
7. On January 15, 2019, the exchange between the City and the State of Florida
closed. As such, the City was successful in acquiring the Nub Parcel pursuant to an
Exchange Agreement with the State of Florida, dated February 12, 2018.
8. The City must now convey the Nub Property to 419 Metal and Auto Recycling
Center, Inc. pursuant to the Developer's Agreement.
9. The Ordinance also memorializes and ratifies the transfer with the State of Florida
for the "missing link."
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS:
Home Rule Powers
Section 4.14(6) of the Winter Springs City Charter
FISCAL IMPACT:
There is no direct fiscal impact related to the adoption of the Ordinance other than staff
and attorney time to prepare the Ordinance and complete the conveyance of the Nub
Property to 419 Metal and Auto Recycling Center, Inc.
COMMUNICATION EFFORTS:
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
Public Hearings 400 PAGE 2 OF 3 - March 11, 2019
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 six (6) 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 requests that the City Commission consider passing Ordinance No. 2019-
03 on First Reading, authorizing the conveyance of land in furtherance of a Developer's
Agreement, dated January 8, 2018, and memorializing by ordinance and ratifying a
conveyance of land to the State of Florida for the "missing link" for the Cross -Seminole
Trail pursuant to an Exchange Agreement, Dated February 12, 2018.
ATTACHMENTS:
Ordinance No. 2019-03
Public Hearings 400 PAGE 3 OF 3 - March 11, 2019
ORDINANCE NO. 2019-03
.AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, S, FLO DA, AUTHORIZING
THE CITY PURSUANT TO SECTION 4.14 OF THE CITY OF
WINTER SPRINGS CHARTER TO CONVEY CERTAIN
AL PROPERTY; PROVIDING FOR THE CONVEYANCE
OF REAL PROPERTY WHICH WAS OBTAINED BY THE
CITY OF WINTER SPRINGS FROM THE STATE OF
FLORIDA IIA TO 419 METAL AND AUTO RECYCLING
CENTER, INC. PURSUANT TO THE TERMS AND
CONDITIONS OF A DEVELOPER'S AGREEMENT
BETWEEN THE CITY AND 419 METAL AND AUTO
CYCLING CENTER, INC. AND OTHER RELATED
PARTIES, DATED JANUARY 8, 2018; PROVIDING FOR A
TERMINATION OF CONVEYANCE AUTHORITY
GRANTED HEREUNDER IF SAID CONVEYANCE IS NOT
COMPLETED PURSUANT TO THE TERMS AND
CONDITIONS OF THIS ORDINANCE; AUTHORIZING
THE CITY MANAGER AND CITY ATTORNEY TO
FINALIZE AND EXECUTE ANY DOCUMENTS TO
COMPLETE THE CONVEYANCE AS APPROVED AND
SET" FORTH INT IS ORDINANCE; MEMORIALIZING BY
ORDINANCE AND RATIFYING THE PREVIOUS
CONVEYANCE OF REAL PROPERTY FOR THE
"MISSING LINK" OF THE CROSS SEMINOLE TRAIL
ADJACENT TO STATE ROAD 419 TO THE STATE OF
FLORIDA BY THE CITY IN ACCORDANCE WITH 'TETE
EXCHANGE AGREEMENT BETWEEN THE CITY AND
THE STATE OF FLORIDA, DATED FEBRUARY 12, 2018;
PROVIDING FOR SEVERABILITY, THE REPEAL OF
PRIOR INCL}NSISTENT ORDINANCES, NON -
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except When expressly prohibited by
law; and
City of Winter Springs
Ordinance No. 2019-03
Page 1 of 4
WHEREAS, for approximately six (6) plus years, the City has attempted to facilitate, on
behalf of the State of Florida and Seminole County, the construction of a missing portion of the
Cross Seminole Trail located in the vicinity of State Road 419 within the jurisdictional limits of
the City of Winter Springs ("Missing Link"); and
WHEREAS, on January 8 2018, the City of Winter Springs ("City") entered into a
Developer's Agreement with Bartholomew and Cynthia Phillips, Bartholomew Phillips,
individually, and 419 Metal & Auto Recycling Center, Inc. ("Developer's Agreement") related to
the commercial development of property located along State Road 419; and
WHEREAS, pursuant to the terms and conditions of the Developer's Agreement, the City
was able to acquire, by donation, several parcels of real property for purposes of temporarily
holding the parcels in escrow until such time that the parcels could be conveyed to the State of
Florida pursuant to an Exchange Agreement between the City and the State of Florida, dated
February 12, 2018 ("Exchange Agreement"); and
WHEREAS, under the Exchange Agreement, the Governor and Cabinet, in their capacity
of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, generally
agreed, pursuant to a statutory procedure, to the State of Florida's exchange of land with the City
of Winter Springs; and
WHEREAS, in the exchange the City acquired from the State of Florida land at the
intersection of Tuslyawilla Road and Blumberg Boulevard within the Town Center for recreational
purposes and a parcel of land which lies adjacent to the real property owned by Phillips along State
Road 419 ("Nub Parcel"); and
WHEREAS, the Developer's Agreement provides that if the City was successful in
acquiring the Nub Parcel, the City would convey said parcel to 419 Metal and Auto Recycling
Center, Inc. so they could incorporate said parcel into his development project existing on adjacent
land; and
WHEREAS, on January 15, 2019, the closing under the Exchange Agreement occurred
and the City conveyed the "missing link" parcels to the State of Florida so Seminole County could
in the future complete the Cross Seminole Trail within the jurisdictional limits of the City of Winter
Springs and the City acquired the Nub Parcel and the recreational parcel at the intersection of
Tuskawilla Road and Blumberg Boulevard; and
WHEREAS, the City Commission hereby finds that the conveyances contemplated by the
Developer's Agreement and Exchange Agreement serve a public purpose because said
conveyances will not only provide for the completion of the Cross Seminole Trail, but also provide
City of Winter Springs
Ordinance No. 2019-03
Page 2 of 4
the City with additional land for recreational purposes, and Phillips with tax producing land that
can potentially be used for productive commercial purposes; and
WHEREAS, in furtherance of the City Commission's findings, the City Commission
hereby determines that it is in the best interests of the City of Winter Springs to memorialize by
ordinance and ratify the conveyance of the "missing link" to the State of Florida and authorize the
future conveyance of the Nub Parcel to Phillips in accordance with the terms and conditions of the
Developer's Agreement; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. 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 to convey the Nub Parcel legally described in the Quit -
Claim Deed attached as EXHIBIT "A" to 419 Metal and Auto Recycling Center, Inc. EXHIBIT
SIA" is hereby deemed fully incorporated herein by this reference. Said conveyance and subject
real property shall be subject to the terms and conditions of the Developer's Agreement between
the City and Bartholomew and Cynthia Phillips, Bartholomew Phillips, individually, and 419
Metal & Auto Recycling Center, Inc.
Section 3. Termination of Conveyance Authority. The conveyance authority
granted pursuant to Section 2 of this Ordinance shall automatically terminate if the conveyance of
the subject real property does not occur within 180 days of the effective date of this Ordinance.
If said termination occurs, this Ordinance shall be deemed null and void and no longer effective.
Section 4. Authority to Complete Conveyance. In conjunction with the conveyance
authorized with the conveyance authorized by Section 2 of this Ordinance, the City Manager and
City Attorney are authorized to finalize and execute whatever documents are necessary to complete
the conveyance of the Nub Parcel required by the Developer's Agreement.
Section 5. Ratification of" issing Link" Conveyance. In accordance with the
terms and conditions of the Exchange Agreement, previously authorized and approved by the City
Commission, the conveyance of real property ("missing link") by the City of Winter Springs to
the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida as set forth
in the Warranty Deed, which was recorded in the Official Record Book of Seminole County,
Florida at Book 9285, Pages 901-903, is hereby memorialized in this Ordinance and ratified by
the City Commission. A copy of the Warranty Deed is attached hereto as EXHIBIT "B" and
fully incorporated herein by this reference.
City of Winter Springs
Ordinance No. 2019-03
Page 3 of 4
Section 6. 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 7. 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 8. Non -Codification. This Ordinance shall not be codified in the City Code.
Section 9. 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 _, 2019.
Elvis"
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal for and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
Legal Advertisement:
First Reading:
Second Reading:
Effective Date:
CHARLES LACEY, Mayor
City of Winter Springs
Ordinance No. 2019-03
Page 4 of 4
PREPARED BY AND RETURN 1'0: it
Anthony A. Garganese, Esq.
Garganese, Weiss, D'Agresta & Salzman, P.A.
P.0, Box 2873
Orlando, FL 32802-2873
Parcel No. 35-20-30-300-OOIA-0000
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED made and executed the _ day of —1
2019, by the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose
address is 1126 East State Road 434, Winter Springs, FL 32708, hereinafter called the first party, to
419 METAL AND AUTO RE, CYCLING CENTER, INC., a Florida corporation, whose address is
600 Old Sanford Oviedo Road, Winter Springs, FL 32708, hereinafter called the second party:
WITNESSETH: That Pursuant to that certain Developer's Agreement recorded January 16,
2018, in O.R. Book 9057, Page 1650, the first party for and in consideration of the sum of $1 .00, in
hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise,
release and quit -claim unto the second party forever, all the right, title, interest, claim and demand
which the said first party has in and to the following described lot, piece or parcel of land, situate,
lying and being in the County of Seminole, State of Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF.
TO HAVE AND TO HOLD, the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit
and behoof of the said second party forever.
IN WITNESS WHEREOF, the first party has signed and sealed these presents the day and
year first above written,
WITNESSES: CITY OF WINTER SPRINGS, FLORIDA,
a Florida municipal corporation
(signature) By:
Charles Lacey, Mayor
(print name) ATTEST:
By:
(signature) Andrea Lorenzo Luaces, City Clerk
Date:
(print name)
(SEAL)
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this -day of
2019, by Charles Lacey, Mayor of the City of Winter Springs, Florida, (check one) o who is
personally known to me or o who produced . as identification,
My Commission expires:
51 V
Commence at the Northeast corner of Lot 33, Entzminger Farms, Addition No, 2, according to the plat
thereof recorded in Plat Book 5, Page 9, of the Public Records of Seminole County. Flori r thence run N
82°59'43" W, along the South right-of•way line of the CSX Transportation, Inc.i r and the North
line of Lot 33, a distance of 147,59 feet t4 the Point of Beginning: thence continue , aloe
said right-of-way Ilne and the Horth line of said Lot 33, a distance of 56.42 feet; thence run N 07'00'57" E,
perpendicular to said right-of-way line, a distance of 100,00 feet to a point on line forth rightline of
said rail corridor; " E, along saidNorth line a distance of 31.33 feet to it
intersection wi l extension t line the East 14114 feet of Lot ; thence run S
07004'58" E, along soldr t i r a distancef 103,11 feett the Point of Beginning.
Grant Maley Calorie Of The C1rC.Llit Court A Comptroller Seminole County, FL
lost#2019{ 66888 i3ook:9285 Page: 901-9031, (3 PACES) ROD: 112212019 9:10:18 Alii
REG FEE $27.00
This Instrument prepared By and
Please Returu To.
Wendt McAleese
American Government Services Corporation
3812 W. 1,inebough .Avenue
Tempo, Florida 33618
AGS#a 28783
WARRANTY DEET}
(STATUTORY FO - SECTION 659.02, F.S.)
'1'I-118 INDEN'I`IJ W is made 11lis [ day cil' ���l�c.r
A,D. 2013, bctwoen Cityy of NN'inter ,.' lriii =s, sr l lcar(cial ct axil
corporartion, ws'llose aiddresslast Mals Road 434,Win[er
SprrriL,s, F1. 32708, ("`C-ir triton„) acrid lll(: 13oalyd of ,Fr llsttres of Ilio
Internal Improvement 'frust IFund of the Stats, of Florida
wlu-i:ie address is c/o Florida Depaartinent of Environweillilf
Protection, Division o[ Slallc 1-zilds, 3900 C`omi11(lmvealdi
Boulevard Mail Station 115, Tnliral)assec, 1-.lririda, 32399,
("t J 1'ilai
Boulevard, Mall
(Wherever used herein the terms "Grantor" and "Grantee” include all the portion to this instrument aard their heirs,
legal representatives, successors and assigns. "Grantor" and "Grantee" are used for singular and plural, as the
context requires and the use of any gender shall include all genders,)
IVITNESSET11: That ills: sand ChxiitOl-, filo uiuI in C0 115i[IC:i'illiilll orf the SU111 ol'Ten Dollars and otlier good
and v:ili7E]IJIs cs3nsiticrritions, to said (31'110101' ill 111'111dpaill by said Grinites, the receipt wlierecil' is hers by
acknowlcdgcd liras l;ra liludi bargained mid solll Io thu said Graiulec, and Grantee's successors and nssigns
Iorovcr, the loilowinLI, d"c 1bed rand situate, lying and I,]t ing, in Seminole County, f'lorklii, to-wiL
See EXHIBIT "A" attached hereto and by reference made a part hereof,
Pica aert A ypraiser's Parcel identif talion Numbers:
34-20- (] . A" -0000-0330 and 34.20 -30 -SAW -0000-0340
This conveyance is sub act tel easernents, restrictions, lirn.itr�lrnirs, and conditions; of record, if any, but any
such interests that ay gave been terininfated lire not hereby Eu -Imposed,
AND the -Fids Grantor does hereby fully warrant the title to said land, and will defend the same against the
lawful claitns of all persons whomsoever,
IN VVITNESS VaTEREOF the Grantor has hereunto set C tor's hand and seal, the day and year first
above written.
SEE FOLLOWING PAGE FOR SIGNATURE
Signed, sealed and delivered in
the pr� seuce Of Aff
I 11t of first witness
(i
Printed name of first witness
i'c o weolid witness
kz'r.-Lc�_ -AL i y k
Printed name of second witness
STATE OF. __AOrO_ 3.
COUNTY OF
City of Winter Springs, a Florida municipal
corporation
By:
11, 1,,, Lacey Mayor'/
/
L
ATTEST-,
ti
By:
Lorenzo-Luaces, City Clerk
ME
The foregoing instrument was acknowledged before me this day of K-.1- fi-t --
.2019,
by Charles Lacey, as Mayor and Andrea Lorenzo-Luaces, as City Clerk of City oi XV40cr Springs, a
Florida municipal corporation, Such persons (Notary Public must check applicable box):
are personally known to me.
produced a driver license,
produced as identification,
(Printed, ypud or Stamped Name of Not Public)
ComFission No.:
(NOTARY PURLIC SEAL) My Commission Expires:fnw!��3
A portion of 33, Entarninger Fanow Addition No. 2, according to the Oat thereof. recordedin
Plat Book 5, Page 9 of the Public Records of Serninole County, Florida beingmM particularly
descnbed as follows -
T 27.00 feet of Lot 33, tying Northerly of, coincident with and parallel with the Nottherly
right of way line of C.R 419, as shown on Florida of Department of Transportation Right of Way
Map for State Roars 419, Serlinrt 77070-2506. Sheet 5.
LESS the East 143.14 f tp ALSO S additional ht off y as recorded in al
Record Book 7476, e 1150, ofPublic Reconclis of Seminole County, Florida,
WN
A portion of Late 34 and 35, Entaminger Fanes Addition No. 2, according to the plat thered,
recorded in Feta# Book 5, rage 9 of the Publir Records of Seminole County, Firxida, lying
Northerly of the Northerly right of way litre of G.R. 419 as shown on Florida of Department of
Transportation ht of Way Map for State Road 419, Section 770 2506, Shoat 5,
LESS additional right of way as recorded in Official Record Book 7476, Page 1150, of the Public
Records of Serninde County, Florida,
Being more particularly described as follows-
IBEGIN at the Southwest comer of the aferementioned additional riot of way, said comer lying
on the Northerly right of way lite of said C_R. 419 and the South line of said Lot 34; thence run
N 82'593W W, along said Northerly right of way litre, a distance of 1. 18923 feet to the paint of
curvature of a curve, crxxave Northerty, havKxl a radius of 2.241.83 feet a central angle of
11'22'91' and a chord beariN of N 77'18'29'W, thence tura along the am of said curve an am
fengffi of 444.76 feet to.) point or,. the Lyesi line of Lot 35; theace run N 08'4933"W, a" said
West flute a dislance, of 47.99 feet; thence run S 4(1"04'52' E, a distance of 30.08 feet to a point
lying 27.00 feet Northerly of The Northerly right of way line of said G.R, 419, said point also
being a point on a curve, conc.-we Nor(hefl , havi fig a radius of 2,114.413 feet, a ceniraf angle of
11`16'06" and a chard bearing of S 77'2,1'2.7' f7, the rice acct aloiug the ars; of said c.rrve, running
parallel with and 27.40 feet Nords of said Nor 11set ly nglit of way line an am long))) W 435.59 feet
thence continue along said paralie! litre S 82-59'30" E, a distanue of 1,187.22 feet to a point on
ft West titre of the almamentioned additional right of f thence S 06*56'24' E, along
id West line a distance of 17.83 fret; thence run S 20'14'43" W a distance of 10-00 feet. to the
Point of inning -
u
By
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