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Home My WebLink AboutOrdinance 2019-03 - Conveyance of Land for the Cross Seminole Trail "Missing Link"WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power o: ps' purposes, prohibited by I= 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, individuall and 419 Metal & Auto Rec clin , Center Inc. "Develo er's AeTeement N Now k Aw purposes anl a parcei 31 ME wnicn tics Supuclu to ine Mai propuity 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 0, ml, n - n djacent —CM 4 inco - orate said *,arcel into his develo.,ment =ject existin_%pa__ 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 kXV.- -W limits of the Cit�itof inter 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 ftifthemnce 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 fW,wre-wg�*II#f ti4i4i*-Il .c-PhI Developer's Agreement; and NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: �je-ction 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. -a-ection 2. Conveyance of Real Property. The City Commission of the City of 1110111111iF 111 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. "WWW" WWII AIN= the conveyance of the Nub Parcel required by the Developer's Agreement. Sletion 5. Ratification of "Missing Link" Conveyance. In accordance with the Commission, the conveyance of real property ("missing link") by the City of Winter Springs t* 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. M =i Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or proon of this Ordinance is for any reason held invalid or unconstitutional by any court of competent •whether for substan cK,6 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Secti2n 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. 1 ° N % N I I �j ATTEST. I �1 tA v�A 0 AMMEA DACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney -.. I 'Wilm First Reading: March 11, 2019 Second Reading: March 25, 2019 Effective Date: March 25. 2019 City of Winter Springs Ordinance No. 2019-03 Page 4 of 4 PREPARED BY AND RETURN,ro. T4 Anthony A, Gar anese, f: s . Gar anese, Weiss, 'A, recta & Salzman, VA. P.O. Box 2873 Orlando, Ftp 328,02«2873 Parcel No. 35-20-30-300-001 A•0000 __." EXHI I.IIT: LK HIS QUIT -C L IN EE made and executed the 2"&_ day of 2019, by the CITY F WINTER SPRINGS, I+L O ., a Florida municipai corporation, whose address is 1126 Fast State load 434, Winter Springs, FI. 32708, hereinafter called the first party, to 419 METAL AND AUTO O + CYCLING E lTE , INC., a Florida corporation, whose address is 600 Cold Sanford Oviedo load, Winter Springs, FI,. 32708, hereinafter called the second parte: lying and being in the Cottray of Seminole, State of'Florida, to wit: SEE E HIFIIT" "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE AND TO HOLE), the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity d claim whatsoever of the said first party, either in lain or equity, to the only proper use, benefit and behoofof the said second party forever. N WITNESS HE 01, the first party has signed and sealed these presents the day and year first above written. WITNESSES,,' (signature) , r P (print name), (ina re) Oar or ) (print nar ) CITY OF WINTER SPRIN -13x, (.WIDA,' a Florida municipal corpor ii� Ely: .. C;I�ar es y, Mayor " r _... ; r, Andrea Lorenzo Lug s, rc',ity Clerk Date., _ __ .....i__i= 2V,.�..:1 (SEAL) The foregoing instrument was acknowledged before me this dayof 2019,by Charles Lacey, Mayor of the City of Winter Springs, Florida, (check r whois personally known to me or o who produced & Ification. N otary Public =State of Florida Public Stag Jessica M Wright Ltame: " Y,-" Ix) EYC :rnissw G'S 157986 MY COMMisSiOn GG 157986 expires 1 IJO&2021 expires 1110&2021 My Commission expires: c \ 1 �� . �' This fultmMout Prepared By and Please Reture To: Wendt MeMeme 3812 W. Ungbough Avenue Tampa,FJorlda 33618 AG603 28M WARRANTY DEED (STATUTORY FORM - SECTION 689-02, III III 111 gill �� litilgill l�� 111�111 III ;III' Will 21 ELlu ,,w, ;Jill 111M �"1111111 IM d 0, T iT T Tt'T —7.J1T;,Tj 1'' M-111IRMIJBili PD111 I gra 11111� 111111111111 , 111191 lillill 11 11 !!1111 1 1111 � I 1111T ! 7 l� i w. 0 'Q Mau illui P-ri-M-M'all persons whomsoever. IN WMESS WHEREOF the Grantor h set Grantor's hand and seal, the day and year first above waitten. Signed, swiled and delivered in tile pisenc"�e of:Y A "I" V Sigimillre of first Witness x Printed name of first witness S'I90atUrc of secohd witness Printed name of second %vimess SI'ATE OF COUNTY OF City of NVinter SpHngs, a Florid a municipal corporation 4 �Te as or La6ey, M ATTEST: BY: p'aI n Lorenzo- Lu aces, City Clerk mm 'rhe foregoing instrument was acknowledged before ITIC day of",2019, by Charles Lacey, as Mayor and Andrea LorenzoLu a -ces, as City Clerk of Cy 0f it Wly, " iter Springs,a Florida municipulcorporation, Such persons (Notary Public must check applicable box): are personally known to me. produceda driver license, )produced as identification. Czms c"' f" I I (Printcv -,d, ypeD or Stamped Name of'Notary Public) Commission (NOTARY PLIBLIC SEAL) My Commission Expircs: CASEYCRAWAN leg y P&W - COMWI&I'm 115744 Comm Elpff r11 ,1120101, dMoughN I NUNT A, ................ !�c