HomeMy WebLinkAboutTaylor Morrison of Florida, Inc. Quit Claim Deed Dry Pond No. 2 2016 07 11THIS INSTRUMENT PREPARED BY:
James H. McNeil, Jr., Esq.
AKERMAN LLP
420 South Orange Avenue, 12th Floor
Orlando, Florida 32801
Consideration: $215,110.50
QUIT CLAIM DEED
Dry Pond No. 2
THIS QUIT CLAIM DEED is made this h day of ,
2016, by THE CITY OF WINTER SPRINGS, a Florida municipal corporation
(hereinafter referred to as "Grantor"), whose post office address is 1126 East S.R. 434,
Winter Springs, Florida 32708, to and in favor of the TAYLOR MORRISON OF
FLORIDA, INC., a Florida corporation (hereafter referred to as "Grantee"), whose post
office address is 151 Southhall Lane, Suite 200, Maitland, Florida 32751.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations, partnerships [including joint ventures], public
bodies and quasi -public bodies.)
WITNESSETH:
THAT for and in consideration of the sum of Ten and No/100 Dollars (US
$10.00) in hand paid by Grantee to Grantor, and for other good and valuable
consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor
hereby grants, bargains, sells, alienates, remises, releases, conveys and confirms unto
Grantee, Grantee's heirs, successors and/or assigns, all of the right, title, and interest that
Grantor has in and to certain real property located in Seminole County, Florida, and more
particularly described in Exhibit "A" attached hereto and made a part hereof (the
"Property"):
THAT a certified copy of the Ordinance No. 2016-06 authorizing the conveyance
of the Property by Grantor is attached hereto as Exhibit "B" and made a part hereof.
TOGETHER WITH all the tenements, hercditamcnts, casements and
appurtenances thereto belonging or in any way appertaining.
TO HAVE AND TO HOLD the same unto Grantee in fee simple, forever.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SEE NEXT PAGE FOR SIGNATURES
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MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY FL
CLERK'S # 2016074214 BK 8729 Pgs 0508 - 517" (10pgs) E-RECORDED 07/19/2016 09,05,56 AM
86.50 DEED DOC 1,506.40
IN WITNESS WHEREOF, Grantor has caused this Quit Claim Deed to be
executed in its name the day and year first above written.
ATTEST:
.,
By:
Andrealorenzo Luaces, City Clerk
v�
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
By: >.
Charles Lacy; or
APPROVED AS TO FORM AND
LEGALITY For the use and reliance of
the City of Winter Springs, Florida,
only.
/ f
Dated:
Anthony Garganese, City Attorney
for the City of Winter Springs,
Florida
Personally appeared before me, the undersigned authority, Charles Lacey and
Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively,
of the City of Winter Springs, Florida, and acknowledged before me that they executed
the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed,
and that they were duly authorized to do so.
Witness my hand and official seal this day of , 2016.
M
Notary Public State of Florida
Jessica Ghersetich N tPblic — State of Florida
My Commission GG 00217$ExNinsli/14f2020 My commission expires:}�
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"PVT-TTRTT 11 A 11
SKETCH AND DESCRIPTION
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S'ICETCH AN.D .TESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIPTION AS FOLLOWS: That part of the South 564,64 feet of the West 659,60 feet of the NW 114 of the NW 114 of Section 3, Township
21 South, Range 31 East, Seminole County, Florida, lying North of boundary line agreement per Official Records
Book 7555, Page 1331, Public Records of Seminole County, Florida.
being more particularly described as follows:
Commence at the West 114 corner of Section 3, Township 21 South, Range 31 East, Seminole County, Florida;
thence N,00'29'25"W., along the West line of said Section 3, a distance of 1,329,57 feet to the Southwest corner
of boundary line agreement per Official Records Book 7555, Page 1331, Public Records of Seminole County, Florida,
and the POINT OF BEGINNING; thence continue N.00'29'25"W, along said West line, a distance of 180.02 feet; thence
N,90'00'00"E., a distance of 134.00 feet to the point of curve of a non tangent curve to the left, of which the
radius point lies N.49'46'49"E., a radial distance of 216.69 feet; thence Southeasterly along the arc, through a
central angle of 27'40'37", a distance of 104.67 feet to the point of curve of a non tangent curve to the left, of
which the radius point lies N.15'39'36"E., a radial distance of 719.64 feet; thence Easterly along the arc, through a
central angle of 17'34'51 ", a distance of 220,52 feet to a point of compound curve to the left having a radius of
190.41 feet and a central angle of 55'47'22'; thence Northeasterly along the arc, a distance of 185.40 feet;
thence N.90'00'00"E., a distance of 68,74 feet; thence S,00'2925"E., a distance of 177.47 feet to the boundary
line per said boundary line agreement; thence S.89'39'16"W., along said boundary line, a distance of 659.60 feet to
the POINT OF BECINNING.
Containing 87,851 square feet or 2.0168 acres, more or less.
/ S 89'34'S5" E
REC 9'z4"CM 1320,3T
NORTHWEST CORNER
SECTION 3-T21S-R3IE 6
REC NAIL & DiSC QyO� p0
� ryi z
N 90'00'00" E
1 4,00'1;h q 1 A
/ I
/ � o G1
SUBJECT C2
`'0
m TE PART OF WEST 659.60'
-+ OF SOUTH 564.64'
e f S 89,39,16" W 659.60'
O, N 89,39'16" E
P.O.13. (OCCUPIED) 660.31'
SOUTH LINE, NW 114, NW 114
N SECTION 3-T21S-R31E
$ SOUTHWEST CORNER
BOUNDARY LINE AGREEMENT
„off w (O.R. BOOK 7555, PAGE 1331)
P. 0. C.
REC 4"x4"CM
WEST 114 CORNER
---SECTION 3-7721S-1731E
GR US.E1NHEt YE'.JR
LEGEND -- I LEGEND -
P
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w IRON PIPE
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P.U.C.
POINT OF COMMENCEMENT
P.O,C.
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RAD,
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DESC,
N DESCRIPTION
LD,
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NORTH
REMAINDER
NWII4, NW114
SECTION 3-T21S-R31E
N 90'00'00" E
ti
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N 89'37'01 " E
660.19'
BOUNDARY LINE PER
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.R. BOOK 7555, PAGE 133I)
CURVE
R
DELTA
RADIUS
LENGTH
CHORD
CHORD BEARING__
4 '3
216.69'
04. 7'
3.66'
S 03'29" E
02
17'34'51"
719.64'
0.
219.95'
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165 40'
f 78,16'
N 60,11
' 11DE
SCGTT & ASSOC., .INC. - LAND SURVEYORS
5400 E. COLONIAL DR. ORLANDO, FL, 32807 (407)-277-3232 FAX (407)-658-1436
ARC
LENGTFI
= RCERTIFICATE OF AUTHORIZATION — LB 4,596
m
= DELTA
CHORD
= CHORD BEARING
+" POINT ON LINE
= TYPICAL
POINT OF REVEf
= POINT OF COMP
RADIAL
NON-RAOIAk
= WITNESS-POlw,
= CALCULATEPI
•� PERMANVNT'_86
= FINISHER -;FLOOR
BUIIAIxv^, sE'TBA
= BENCHMARK
CERTIFIED BY.,
JAMES W,
SKETCH AND DATS'C.�IPTION FOR/CERTIFIED TO; TAILOR
RR OF FLORIDA, INC.
NOTES!
1, THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL
CURVATURE STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER
ID CURVATUR,F 5J-17 FLORIDA ADMINISTRATIVE CODE.
2, UNLESS EMBOSSED WITH SURVEYOR'S SEAL, THIS SKETCH IS NOT VALID AND IS PRESENTED FOR
,, 1 INFORMATIONAL PURPOSES ONLY.
THIS SKETCH WAS PREPARED FROM TITLE INFORMATION FURNISHED 7'0 THE SURVEYOR. THERE
NCt ,10NUM,IiNT MAYBE OTHER RESTRICTIONS OR EASEMENTS THAT AFFECT' THIS PROPERTY.
1151 1 ' ' 4..NO :UNDERGROUND IMPROVEMENTS' HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
LINE - ' 5.' THIS SKETCH IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT OF
�'FLLIED UPON BY ANY OTHER ENTITY.
RATE; IMP 6, Dllo NS10NS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO
,, y J +.- RECONSTRUCT BOUNDARY LINES.
7. BEARINGS, IF SHOWN, ARE BASED ASSUMED DATUM AND ON THE LINE SHOWN AS BASE BEARING (H.R.)
� 8. FINATIONS, IF SHOWN, ARE. RASFD ON NGVO 1929, UNLESS OTHERWISE NOTED.
T-OM X. GRUSENMEYER, R.L.S. # 4714
DATE ORDER if
01-13-2015 186-15
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IYI:�fi:�YWl:�ll
ORDINANCE
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ORDINANCE NO. 2016-06
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 2.0168 ACRES
OF REAL PROPERTY, MORE OR LESS, WHICH WAS
OBTAINED BY THE CITY OF WINTER SPRINGS FROM
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
FOR STORMWATER PURPOSES; PROVIDING SAID
CONVEYANCE SHALL BE TO TAYLOR MORRISON OF
FLORIDA, INC. SUBJECT TO A DEVELOPER'S
AGREEMENT BETWEEN TAYLOR MORRISON OF
FLORIDA, INC. AND THE CITY WHICH GENERALLY
PROVIDES THAT THE SUBJECT PROPERTY WILL BE
USED FOR STORMWATER PURPOSES RELATED TO THE
DEVELOPMENT OF A SINGLE FAMILY HOME PROJECT
ADJACENT TO THE SUBJECT PROPERTY; PROVIDING
FOR A TERMINATION OF CONVEYANCE AUTHORITY
GRANTED HEREUNDER IF SAID CONVEYANCE IS NOT
COMPLETED PURSUANT TO THE TERMS AND
CONDITIONS OF THE DEVELOPER'S AGREEMENT;
AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO FINALIZE AND EXECUTE ANY
DOCUMENTS TO COMPLETE THE RELEASE OF
REVERTER AND FUNDING AGREEMENT WITH ST.
JOHNS WATER MANAGEMENT DISTRICT AS APPROVED
AND SET FORTIS IN THIS ORDINANCE; PROVIDING FOR
SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article V1I1, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, on January 7, 2010, the City of Winter Springs ("City") obtained approximately
28 acres of real property, more or less, from the St. Johns River Water Management District
("District") related to the construction of a regional stormwater project which is now commonly
known as the "Solary Canal Stormwater Project; and
Page 1 of 4 CERTIFIED COPY
AG [ F
I,-
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WHEREAS, the aforesaid real property is subject to a deed covenant that requires the
property to be used for stormwater related improvements; and
WHEREAS, a portion (2.0168 acre, more or less) of the aforesaid real property conveyed
to the City was not originally incorporated into the Solary Canal Storrnwater Project; and
WHEREAS, the City Commission hereby finds that the City does not have a current need
to utilize the 2.0168 acres ofreal property for the Solary Canal Stormwater Project or for some other
stormwater purpose; and
WHEREAS, Taylor Morrison of Florida, Inc. desires to construct a single family home
development project adjacent to the aforesaid real property and has a current need to utilize the
2.0168 acres for a stormwater pond related to the development project; and
WHEREAS, the City Commission finds that Taylor Morrison ofFlorida, Inc.'s intended use
of the 2.0168 acres is consistent with the purpose of the original conveyance of the subject property
to the City and as such, the City Commission further finds that it is in the best interests of the
citizens of Winter Springs to permit Taylor Morrison of Florida, Inc. to utilize the 2.0168 acres of
real property for stormwater purposes under the terms and conditions of a Developer's Agreement
between Taylor Morrison of Florida, Inc. and the City, dated February 8, 2016; and
WHEREAS, the City Commission also finds that conveying the subject property to Taylor
Morrison of Florida, Inc. will serve a public purpose because said conveyance will not only provide
for enhanced stormwater treatment for the proposed development proj ect using Outstanding Florida
Water stormwater treatment criteria with approval by the District, but it also provides an opportunity
for the City and the District to conduct additional maintenance and improvements to the Solary
Canal Stormwater Project; 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 convey the 2.0168 acres
of real property, which is legally described herein, to Taylor Morrison of Florida, Inc. as provided
in this Ordinance; 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.
City of Winter Springs
Ordinance No. 2016-06
Page 2 of 4
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Section 2. Sale of Real Property. The City Commission of the City of Winter Springs
hereby authorizes the City to sell and convey the real property legally described on EXHIBIT "A"
attached hereto to Taylor Morrison of Florida, 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 Taylor Morrison of
Florida, Inc., dated February 8, 2016.
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 subj ect
real property does not occur pursuant to the terms and conditions of the Developer's Agreement.
If said termination occurs, this Ordinance shall be deemed null and void and no longer effective.
Section 4. Agreements with District. 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 release of
the reversionary interest referred to in the Developer's Agreement. In addition, the City Commission
hereby approves the Agreement Between the St. Johns River Water Management District and the
City of Winter Springs For Stormwater improvements to the Solary Canal Stormwater Project in the
amount of $195,555 which was presented by City Staff to the City Commission during the adoption
of this Ordinance. Said Agreement is subject to completing the conveyance of the subject property
to Taylor Morrison of Florida, Inc. pursuant to the terms and conditions of the Developer's
Agreement.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. 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 7. 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.
City of Winter Springs
Ordinance No. 2016-06
Page 3 of 4
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ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 13th day of June, 2016.
W�W�
CHARLES I.ACEY
ATTEST:
AN A LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City inter Springs only:
ANTHONY A. GARGANESE, City Attorney
Legal Advertisement: June 3, 2016
First Reading: May 9, 2016
Second Reading: June 13, 2016
Effective Date: June 13, 2016
City of Winter Springs
Ordinance No. 2016-06
Page 4 of 4
a
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:EXHIBIT "A"
(Dry Pond Ares)
1_ Yl l_.l--TC I .f t f. V D 1.J—A,' Yl,ryR1 . L ! t.,✓! p
MOT A HOtJN7 AkY .SORV Y
DrWWRiPTION A,1 ,F°OIIMI,
That part of M& South bF4.S4 fmm of thh Watat tj=1,R.fi0 (net of the NW 114 of the NW 7/4 of &tvctiot7 :3, Iuwnship
21 South, Rana- 31 Cbst, Seminole county, flortda, tying North of boundary line agreement Per Officiot Revord
Stook 755t1, hoge 7131, Aubbr. Records of geminoie County. Florida.
haing mara put-Gruiarly datscilbad afi follows:
i.'47rnnirriLt of the West 114 corner of Sarra7an 3, Township 11 S,outh, ljotrya 31 East, Scmrrtalc: County, Ooriria,
thmmtt N_0079'25"W, along thv We!.t One of .soid !'eetlon .3, n tfivionvv of feet to the Saathw-.qt corner
of bemnrloty line mq,"em,,ol p&r Offiriul Pocrvds l3tauk 7555, €joge iiii, rotbliv. ffrrr.nrcjs of <`i eerrdtuilr? coi,nty, Floridr,,
and the POW OF BEGINNING: thence continue N,0029`26"l4, clung srri,i Weft lihv, a diotan e of 180,02 feat; thence
N,flO'C�P'C)O"E„ o dislanae of 7'34.00 feet to the paint of curvo of o man tmrtelent ruraF to the Wi, of Which the
,odim Paint lfvs N'.44'46'49'L, a radical d'rsforiu, rl 216,B9 foctt their, `;Vuthvuf)tvrly atr)nt; the are, through o
conlml ongltr eaf 27`40'37", a diNtwtt;e of 104,61 lcot to the point of Curvv of a non tarigcpt curv>r to the Wtt, srf
which the radius ooinf fies N.15'39'36T., o rrldiot yistonce of 7M64 feet; thence r'o erty alrny the arc, through a
central ongles of 17'34'51" a dislancrs of PP0,82 font to a point of aompouno curve to tho left having a rodhis of
1,00.4t feel vnd s eentrof ong!n of 55'47'2?"l lhenpe Northe-stony olanq the arc, o d;stoncr, of tHS.AD feet;
lhrmv N.5C1'f)U'00`E, a disforiur of 68.:4 lectl thcamrp 5.f7C1'?q1t,"€., a dhoanc:e of 177,47 font In the boundpry
tine per toid hc)undofy line• ogrno mentt theme ', h9',3o'7G-W, along snit/ boundnr_y line, a d ntc;PvF cif 659.69 feet to
the POINT or Eat-GfNIMIG,
Cuntoining 81,8451 squur,, fast or Z0166 a -mi, mcne or la;.
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