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HomeMy WebLinkAboutTuskawilla Crossings Homeowners Association, Inc. - Unity of Title Agreement 2025 05 15Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2025056070 Book:10839 Pa e:1810-1815; (6 PAGES) RCD: 6/9/2025 2:39:44 PM REC FEE $52.50 DOC STAMPS $0.70 INTANGIBLE $0.02 This instrument was prepared by and should be returned to: Di Masi Button, P.A. Attu: Toby Snively, Esq. 801 N. Orange Ave., Suite 500 Orlando, Florida 32801 UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT ("Agreement") is made and entered into by and between Tuskawilla Crossings Homeowners Association, Inc., ("Owner") a Florida not -for - profit corporation, whose address is c/o Bono and Associates, LLC, 766 N. Sun Drive, Suite 2000, Lake Maly, FL 32746 and City of Winter Springs, Florida, ("City") whose address is 1126 E State Rd 434, Winter Springs, FL 32708. WITNESSETH: WHEREAS, Owner is a homeowner's association governed by Chapter 720 of the Florida Statutes and owns real property located within the jurisdictional limits of the City of Winter Springs, Florida, which is identified as the following nine (9) tax parcel identification numbers and legal descriptions: 06-21-31-5VK-OG00-0000, TRACT G TUSKAWILLA CROSSINGS PHASE I PLAT BOOK 83 PAGES 75-89; and 06-21-31-5VK-0000-1570, LOT 157 TUSKAWILLA CROSSINGS PHASE 1 PLAT BOOK 83 PAGES 75-89; and 06-21-31-5VK-0000-1580, LOT 158 TUSKAWILLA CROSSINGS PHASE 1 PLAT BOOK 83 PAGES 75-99; and 06-21-31-5VK-0000-1590, LOT 159 TUSKAWILLA CROSSINGS PHASE 1 PLAT BOOK 83 PAGES 75-89; and 06-21-31-5VK-0000-2240, LOT 224 TUSKAWILLA CROSSINGS PHASE 1 PLAT BOOK 83 PAGES 75-89; and 06-21-31-5VK-0000-2250, LOT 225 TUSKAWILLA CROSSINGS PHASE 1 PLAT BOOK 83 PAGES 75-89; and 06-21-31-5VK-0000-2260, LOT 226 TUSKAWILLA CROSSINGS PHASE 1 PLAT BOOK 83 PAGES 75-89; and 06-21-31-5VK-0000-2270, LOT 227 TUSKAWILLA CROSSINGS PHASE 1 PLAT BOOK 83 PAGES 75-89; and Book 10839 Page 1811 Instrument# 2025056070 06-21-31-5VK-0000-2280, LOT 228 TUSKAWILLA CROSSINGS PHASE 1 PLAT BOOK 83 PAGES 75-89. (collectively the "Real Property") WHEREAS, Owner desires to unify ownership and title to the Real Property by Tract G absorbing the eight (8) Lots to create one enlarged Tract G of Association common area for the purpose of eliminating ad valorem taxes previously levied annually by the Seminole County Tax Collector; and WHEREAS, such enlarged Tract G shall be subject to all the same conditions and restrictions imposed on Tract G via the Tuskawilla Crossings Phase 1 Plat, recorded in Plat Book 83, Pages 75-89 of Seminole County, Florida; and WHEREAS, Owner acknowledges that in order to unify the Real Property into a single unified enlarged Tract G common area, Owner is required to enter into this Agreement with the City; and WHEREAS, Owner and City have agreed to record this Agreement to recognize that hereafter the Owner will have and maintain unity of ownership and title in the Real Property; and WHEREAS, Owner and City desire to have the Real Property recognized by the City and Seminole County as one tract of association common area for the purpose of eliminating the ad valorem taxes on each of the eight (8) separate Lots; and WHEREAS, upon full execution and recording of this Agreement, the Real Property shall be unified into a single unified Tract G, which will be owned by the Owner as common area. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The aforementioned recitals are true and correct and are hereby fully incorporated and made a part of this Agreement as if more fully set forth herein. 2. The Property. Owner represents and warrants that it possesses fee simple title to the Real Property described above. A depiction of the nine (9) real properties above that are being unified herein is set forth on the attached Exhibit "A" which is hereby fully incorporated herein by this reference for demonstrative purposes. 3. Representations of Owner. A. Owner agrees not to sell, convey or assign any interest in the unified Real Property which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City of Winter Springs. Nothing herein is 2 Book 10839 Page 1812 Instrument# 2025056070 intended to prohibit or restrict the Owner from selling, conveying or assigning the unified Real Property as a unified parcel of land or encumbering the unified Real Property with easements or other interests in land that do not cause loss of unity of ownership of title. B. Owner agrees that the provisions of this Agreement shall be binding upon any successors of Owner, and this Agreement shall run with the land. C. Owner represents and warrants that it has the power and authority to enter into and consummate the terms and conditions of this Agreement; that all acts, approvals, procedures and similar matters required in order to authorize this Agreement have been taken, obtained and followed; that this Agreement and the proposed performance of this Agreement is not an ultra vires act; and that, upon execution of this Agreement, this Agreement will be valid and binding upon the parties and their successors. Owner further represents and warrants it is lawfully seized of the Real Property in fee simple and has full and lawful authority to execute this Agreement and bind the Real Property as set forth herein. Owner affirms that the Real Property is free of any and all mortgages. 4. Recording. The Parties agree and consent to this Agreement being recorded in the Public Records of Seminole County, Florida, and that all costs of recording shall be paid by the Owner. [signature pages to follow] 3 Book 10839 Page 1813 Instrument# 2025056070 IN WITNESS WHEREOF, the aforementioned Parties have executed this Agreement on the dates set forth below. Tuskawilla Crossings Homeowners Association, Inc. Signed: -P� U i By: Desiree Moss, solely as President Date:rk J -?e , 2025 Witness #1 Signe . Printed Name: .L Ol SK&\. MA�5 Address: r(�� -- i Witness #2 Signed:14 Printed Name: Iil� 7 J> 1&&SM Address: C) a) temp- 8 1 V 2 STATE OF FLORIDA ) COUNTY OF[� ) The foregoing instrument was acknowledged before me this 3e day of qn 1 2025, by Desiree Moss as the President of Tuskawilla Crossings Homeowners Association, Inc. who is personally known to me or who produced a Driver's License as identification. Notary Public � � � My Commission Expires: T r'iu'a••. HOPE AURIE :Feb9, Notary Fublic • Staida4 Commission 0 H!� My Comm. Expires26londed through Natiorassn. Book 10839 Page 1814 Instrument# 2025056070 ATTEST - By: (� Christian Gowan, City Clerk CITY SEAL Are. 0 ra �p iu 5 CITY: City of Winter i Signed: By: Date: , 2025 Approved as to form for the City of Winter Springs only: Dater By: Anthony A. 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