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HomeMy WebLinkAbout2019 03 25 Public Hearings 400 Ordinance 2019-03, Second Reading, Conveyance of Land for Cross Seminole TrailCOMMISSION AGENDA ITEM 400 REQUEST: Informational Consent Public Hearings X Regular March 25, 2019 KS Regular Meeting City Manager Department Office of the City Attorney requests that the City Commission consider adopting Ordinance No. 2019-03 on Second 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 25, 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." 10. The City Commission passed the Ordinance on First Reading on March 11, 2019. 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: Public Hearings 400 PAGE 2 OF 3 - March 25, 2019 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 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: Staff recommends that the City Commission consider adopting Ordinance No. 2019-03 on Second 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 and Copy of Legal Ad Public Hearings 400 PAGE 3 OF 3 - March 25, 2019 ORDINANCE NO. 2019-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE CITY PURSUANT TO SECTION 4.14 OF THE CITY OF WINTER SPRINGS CHARTER TO CONVEY CERTAIN REAL PROPERTY; PROVIDING FOR THE CONVEYANCE OF REAL PROPERTY WHICH WAS OBTAINED BY THE CITY OF WINTER SPRINGS FROM THE STATE OF FLORIDA 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 RECYCLING 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 IN THIS 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 THE EXCHANGE AGREEMENT BETWEEN THE CITY AND THE STATE OF FLORIDA, DATED FEBRUARY 12, 2018; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT 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 Tuskawilla 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 "A" 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 "Missing 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 25th day of March, 2019. 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 Legal Advertisement: March 14, 2019 First Reading: March 11, 2019 Second Reading: March 25, 2019 Effective Date: March 25. 2019 CHARLES LACEY, Mayor City of Winter Springs Ordinance No. 2019-03 Page 4 of 4 PREPARED BY AND RETURN TO: ■ Anthony A. Garganese, Esq, Garganese, Weiss, D'Agresta & Salzman, P.A. P.O. Box 2873 Orlando, FL 32802-2873 Parcel No. 35-20-30-300-001A-0000 EXHIBIT A QUIT -CLAIM DEED THIS QUIT -CLAIM DEED made and executed the day of 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 RECYCLING 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 $1.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Seminole, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the first party has signed and sealed these presents the day and year first above written. WITNESSES: CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (signature) By: Charles Lacey, Mayor (print name) ATTEST: By: {signature} Andrea Lorenzo Luaces, City Clerk Date: (print name) (SEAL) STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of , 2019, by Charles Lacey, Mayor of the City of Winter Springs, Florida, (check one) ❑ who is personally known to me or o who produced as identification. Notary Public Print Name: My Commission expires: EXHIBIT 'W$ The following lands located in Section $5, Township 20 South, Range 30 East, Seminole County, Florida; Commence at the Northeast corner of lot 33, Enlzrninger Farms, Addition No. 2, according to the Oat thereof recorded in Platt Book 5, Page 8, of the PuNic Records of Seminole County, Florida; thence run N 82°50'03' W, along the South right-of-way line of the CSX Transportation, Inc. Rag corridor and the North titre of lot 33, a distance of 147.59 feet to the Point of Beginning; thence continue N 82058'03" W, along sold right-of-way line and the North line of said lot 33, a distance of 56.42 feet; thence run N 07°00'57" E, perpendicular to sold right-of-way line, a distance of 100,00 feet to a point on line North right-of-way line of said roll corridor; thence run S 82°5903" E, along said North One a distance of 31.30 feet to Its intersection with the Northerly extension of the West line of the East 143.14 feet of lot 33; thence run S 070956" E. along sold Northerly extension for a distance of 10311 feet to the Point of Beginning. Grant Maloy, Clerk Of The Circuit Court 8 Comptroller Seminole County, Fl. Inst #2019006888 Book:9285 Page:901-903; (3 PAGES) RCD: 1/22/2019 9:10:18 AM REC FEE $27.00 This Instrument Prepared By and Please Return To: Wendt McAleese American Government Services Corporation 3822 W. Linebaugh Avenue Tampa, Florida 33618 AG$#: 28783 WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) THIS INDENTURE is made thisjgurs day of a cr A.D. 2019 between City of Winter n ' a or a men municipal corporation, whose address is 1126 East tate Road 434, Winter Springs, FL, 32708, ("Grantor"), and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida whose addresq is c% Florida Department of Environmental Protection, Division of State Lands 3900 Commonwealth Boulevard Mail Station 115, TollAassec, Florida, 32399, {"Grantee''). (Wherever used herein the terms "Grantor" and "Grantoe" include all the parties to this instrument and their heirs, legal representatives, successors and assigns. "Grantor" and "Grantee" are used for singular and plural, as the contest requires and the use of any gender shall include all genders.) WITNESSETH: That the said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following described [and situate, lying and being in Seminole Country, Florida, to -wit: See EXHIBIT "A" attached hereto and by reference made a part hereof. Pro ppertyAppraiser's Parcel Identification Numbers: 34 -20 -30 -SAW -0000-0330 and 34.20.30 -SAW -0000-0340 This conveyance is subject to easements, restrictions, limitations, and conditions of record, if any, but any such interests that may subject been terminated are not hereby re -unposed. AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WREREOF the Grantor has heretmto set Grantor's hand and seal, the day and year first above written. SEE FOLLOWING PAGE FOR SIGNATURE EISrc Signed, sealed and delivered in lite pr cncc: of 1101-2 ibnaliure of first witness ecl �0 _ L— Printed name of first witness sg ature of sero 1d witness I =Y Printed name of second witness STATE OF -4r6a COUNTY OF �f)f City of Winter Springs, a Florida municipal corporation By: _. lades Lacey, Mx of/. ATTEST: Ay3 I it Lorenzo-Luaces, City Clerk (seal) The foregoing instrument was acknowledged before me this day of ,r , 2019, by Charles Lacey, as Mayor and Andrea Lorenzo-Luaces, as City Clerk of City of W liter Springs, a Florida municipal corporation. Such persons (Notary Public must check applicable box): Lire personally known to me. ( ) produced a driver license. ( )produced (NOTARY PUBLIC SEAL) �•. Ch6ey CMUAM 1loiiry Pum • R0.41 fwwi • •€ CommWlon t FF 215711 My Comm. EXPIM 14r 21, 2810 r t+' B m&d through Ndfonll WAwy Ana ry (Printed, as identification. or Stamped Name of Notary Public) Commission No.: ! . *J -H L-A My Commission Expires: Gin 3 EXHIBIT "A° Parcel °A° A portion of Lot 33, Ento urger Farms Addition No. 2, accardung to the Plat thereof, recordad m Plat Book 5, Page 9 of the Public Records of Seminole County, Florida being more particularly described as f: The SaM 27.00 feat of Lot 33; lying Northerly of, coincident wkh and parallel with the Northerly t*I of way Erne of C.R. 419. as shown on Florida of [}eparbnerA of Transportation Right of Way Wbp for State Rad 419. Section 770713-2506, Sheet 5. LESS the East 143.14 feet thereat ALSO LESS additional right of way as recorded in O15aal Record Book 7476, Page 1150. of the Pudic Records of Seminole County, Florida. AND Pane V A portion of Los 34 and 35. Entaminger Farms Addition No. 2, according to the plat thereof, recorded in Plat Book S. Page 9 of the Public Records of Seminole County, Florida, lying Nodholy of the Northerly r M of way line of C.R. 419 as shown on Florida of Departmitnt of Th MW Right of Way Map for State Road 419, Section TAM25006, Sheet 5. LESS additional right of way as recorded in Official Record Book 7476, Page 1150, of the Public Records of Seminole County, Florida. Being more particularly described as follows: BEGIN at the Southwed comer of the aforementioned additional right of way. said comer lying on the Northerly right of way One of said CSL 419 and the South be of said Lot 34; therm run N 82'6930' W, along said Northerly right of way line. a distance of 1,189.23 feet to the point of curvature of a curve, concave Northerly, having a radius of 2.2A9.83 feet, a central angle of 1172'01' and a chord bearing of N 7718'2T W, thence run along the are of said curve an arc length of 444.76 feet to a point on the West line ht Lot 35; thence run N 08°40"33" W. along said West One a distance of 47.99 feet; thence run S 40°04'52' E, a distance of 30.18 feet to a point lying 27.00 feet Northerly of the Northerly right of way fine of said CR 419, said point also being a parut on a curve, concave Northerly, having a radius of 2,214.83 feet, a central angle of i1°76'06' and a chord bearing of S 77°21'2T E, thence run along the arc of said curve, running parallel with and 27.40 feet North of saht Northerly right of wary line an are length of 435.59 feek thence continue along said parallel One S 82°59'31Y' E, a distance of 1,187.22 leat to a point on the Wed fine d the aforenuerWoned adMonal right of way; thence run S 06°56'24' E, along said West fore a distance of 17.83 feu; thence run 3 20114'43' W a distance of 10.00 feet fa the Point of Beginnirig. 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