HomeMy WebLinkAbout2008 02 11 Consent 200 Roy v. City of Winter Springs
COMMISSION AGENDA
ITEM 200
Consent X
Informational
Public Hearing
Regular
February 11. 2008
Meeting
h--~~~
Mgr. I
Att. I
Dept.
REQUEST:
The City Attorney is requesting that the City Commission formally approve a Partial Release of
Blanket Easement in furtherance ofthe previously approved mediated Settlement Agreement in the
case of Roy v. City of Winter Springs, Florida Pmver & Light and Seville Chase Homeovvne/'s
Association.
PURPOSE:
The purpose of this agenda item is to request that the City Commission formally approve a Partial
Release of Blanket Easement in order to provide the Roys with free and clear title to the property
recently conveyed by the City.
CONSIDERATIONS:
1. On January 24, 2007, the City entered into a Settlement Agreement with Richard E. Roy and
Kathleen J. Roy ("the Roys').
2. Pursuant to the terms of the Settlement Agreement, the City and the Roys have exchanged
certain real property.
3. The Settlement Agreement required that the conveyances of real property be free and clear
of encumbrances.
Page 1 of 2
4. In furtherance of the Settlement Agreement terms and conditions, the City is required to
vacate a portion of the Blanket Easement over the property that has been conveyed from the
City to the Roys.
5. The attached Partial Release of Blanket Easement IS consistent with the Settlement
Agreement.
RECOMMENDATION:
It is recommended that the City Commission approve the Partial Release of Blanket Easement.
A TT ACHMENT:
1. Partial Release of Blanket Easement
COMMISSION ACTION:
Page 2 of 2
Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
PARTIAL RELEASE OF
BLANKET EASEMENT
This Partial Release of Blanket Easement ("RELEASE") is made and entered into
this _ day of
, 2008, by the CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation ("CITY") with offices at 1126 East State Road
434, Winter Springs, Florida 32708.
WHEREAS, the CITY currently holds a Blanket Easement ("EASEMENT") over
certain real property as described in the said EASEMENT, recorded May 5, 1988, in Book
1955, Pages 0531-0534, in the Public Records of Seminole County, Florida; and
WHEREAS, the CITY recently conveyed to Richard E. Roy and Kathleen J. Roy
("the ROYS") fee simple title to real property which is encumbered by the EASEMENT; and
WHEREAS, the CITY no longer needs that part of the EASEMENT located on the
real property conveyed by the CITY to the ROYS and legally described as Exhibit "A,"
attached hereto and fully incorporated herein ("VACATED EASEMENT PROPERTY"); and
WHEREAS, any other real property encumbered by the EASEMENT shall not be
affected by this RELEASE.
NOW, THEREFORE, the CITY OF WINTER SPRINGS, FLORIDA, hereby vacates
and releases the VACATED EASEMENT PROPERTY from the terms and conditions of the
EASEMENT.
IN WITNESS WHEREOF, the CITY OF WINTER SPRINGS, FLORIDA, has
executed this RELEASE as of the date first written above.
ATTEST:
CITY OF WINTER SPRINGS, FL:
ANDREA LORENZO-LUACES, City Clerk
JOHN F. BUSH, Mayor
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
, 2008, by JOHN F. BUSH, as Mayor, and ANDREA LORENZO-
LUACES, as City Clerk of the City of Winter Springs, Florida, who are personally
known to me or who produced their Florida Driver's License as identification.
Notary Public - State of Florida
Print name:
Page 2 of 3
EXHIBIT "A"
VACATED EASEMENT PROPERTY
PARCEL ONE:
Commence at the Northeast corner of NORTH ORLANDO RANCHES
SEC. 1, according to the plat thereof, as recorded in Plat Book 12, Page
3, Public Records of Seminole County, Florida; run South 07011'37"
East along the East line of said NORTH ORLANDO RANCHES SEC. 1,
said line also being the East right of way line of Shore Road, 710.96 feet
to the point of beginning; thence departing said East line, South
79039'35" East, 184.12 feet; thence South 57002'13" East, 51.99 feet;
thence South 79039'35" East, 129.39 feet; thence South 46005'25" East,
9.05 feet; thence South 79039'35" East, 339.91 feet; thence South
65004'35" East, 236.60 feet to the East line of the parcel described in
O.R. Book 1955, Page 0522, Public Records of Seminole County,
Florida; thence South 01027'55" West along said East line, 54.50 feet to
the Southeast corner of said parcel; thence departing said East line and
along the Southerly line of said parcel for the following four (4)
courses: North 65004'35" West, 251.90 feet; thence North 79039'35"
West, 345.20 feet; thence North 00045'26" West, 25.48 feet; thence North
79039'35" West 336.66 feet to the West line of said property, also being
the aforesaid East line of NORTH ORLANDO RANCHES SEC. 1 and the
East right of way line of Shore Road; thence departing said Southerly
line North 07011 '37" West along said East line, 52.44 feet to the point of
beginning.
PARCEL TWO:
Commence at the Northeast corner ofthe NORTH ORLANDO RANCHES
SECTION 1, as recorded in Plat Book 12, Page 3, Public Records of
Seminole County, Florida, run South 07011 '37" East along the East
boundary line of said NORTH ORLANDO RANCHES SECTION 1, 20.93
feet; thence departing said East boundary line, run North 83037'55"
East, 1690.23 feet; thence South 01027'55" West, 300.09 feet to the Point
of Beginning; thence continue South 01027'55" West, 363.00 feet;
thence South 83037'55" West, 363.00 feet; thence North 42032'55" East,
547.23 feet to the Point of Beginning.
Page 3 of 3
Ii1~Ii1N>11-IiHIlt~lu~lllNl)~IIIH~1~1e41lnlnlul+Nl
Prepared by and Return to:
Anthony A. Garganese, City Attorney
~.n Brown, Garganese, Weiss & D'Agresta, P.A.
' `l P.O. Box 2873
Orlando, FL 32802-2873
PARTIAL RELEASE OF
BLANKET EASEMENT
I~i~YANNtr Mt-IiS~, CLtRit i~ CIRCUIT Li?tJRT
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t~fCORDED tk~'/ 14/~tk"kt 11:41:49 AMt
Ii~C€?RDI NG F~~ S ;?~f. t~A
~'~CCIROi-i7 1}Y T 5oith
This Partial Release of Blanket Easement ("RELEASE") is made and entered into
t'h //_
this ~ ~ day of ~--•~ ~1r'a.-c~-~- , 2008, by the CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation ("CITY") with offices at 1126 East State Road
434, Winter Springs, Florida 32708.
WHEREAS, the CITY currently holds a Blanket Easement ("EASEMENT") over
certain real property as described in the said EASEMENT, recorded May 5, 1988, in Book
1955, Pages 0531-0534, in the Public Records of Seminole County, Florida; and
WHEREAS, the CITY recently conveyed to Richard E. Roy and Kathleen J. Roy
("the ROYS")fee simple title to real property which is encumbered bythe EASEMENT; and
WHEREAS, the CITY no longer needs that part of the EASEMENT located on the
real property conveyed by the CITY to the ROYS and legally described as Exhibit "A,"
attached hereto and fully incorporated herein ("VACATED EASEMENT PROPERTY");and
WHEREAS, any other real property encumbered by the EASEMENT shall not be
affected by this RELEASE.
NOW, THEREFORE, the CITY OF WINTER SPRINGS, FLORIDA, hereby vacates
and releases the VACATED EASEMENT PROPERTY from the terms and conditions of the
EASEMENT.
IN WITNESS WHEREOF, the CITY OF WINTER SPRINGS, FLORIDA, has
executed this RELEASE as of the date first written above.
ATTEST:
AN A LORENZO-LUACES, City Clerk
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CITY OF WINTER SPRING~~~~.; ~.,
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JO F. BUSH, Ma~o~ ~ ~~ p' :~~ .:'
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Page 2 of 3
EXHIBIT "A"
VACATED EASEMENT PROPERTY
PARCEL ONE:
Commence at the Northeast corner of NORTH ORLANDO RANCHES
SEC. 1, according to the plat thereof, as recorded in Plat Book 12, Page
3, Public Records of Seminole County, Florida; run South 07°11'37"
East along the East line of said NORTH ORLANDO RANCHES SEC. 1,
said line also being the East right of way line of Shore Road, 710.96 feet
to the point of beginning; thence departing said East line, South
79°39'35" East, 184.12 feet; thence South 57°02'13" East, 51.99 feet;
thence South 79°39'35" East, 129.39 feet; thence South 46°05'25" East,
9.05 feet; thence South 79°39'35" East, 339.91 feet; thence South
65°04'35" East, 236.60 feet to the East line of the parcel described in
O.R. Book 1955, Page 0522, Public Records of Seminole County,
Florida; thence South 01°27'55" West along said East line, 54.50 feet to
the Southeast corner of said parcel; thence departing said East line and
along the Southerly line of said parcel for the following four (4)
courses: North 65°04'35" West, 251.90 feet; thence North 79°39'35"
West, 345.20 feet; thence North 00°45'26" West, 25.48 feet; thence North
79°39'35" West 336.66 feet to the West line of said property, also being
the aforesaid East line of NORTH ORLANDO RANCHES SEC. 1 and the
East right of way line of Shore Road; thence departing said Southerly
line North 07°11'37" West along said East line, 52.44 feet to the point of
beginning.
PARCEL TWO:
Commence at the Northeast corner of the NORTH ORLANDO RANCHES
SECTION 1, as recorded in Plat Book 12, Page 3, Public Records of
Seminole County, Florida, run South 07°11'37" East along the East
boundary line of said NORTH ORLANDO RANCHES SECTION 1, 20.93
feet; thence departing said East boundary line, run North 83°37'55"
East,1690.23 feet; thence South 01°27'55" West, 300.09 feet to the Point
of Beginning; thence continue South 01°27'55" West, 363.00 feet;
thence South 83°37'55" West, 363.00 feet; thence North 42°32'55" East,
547.23 feet to the Point of Beginning.
Page 3 of 3
~~~~~'
BROWN, GARGANESE, WEISS & D'AGRESTI~;~~~-a 89ePRINGs
..t~~i ~ ~ ~~r~~
Attorneys at Lazy
Debra S. Babb-Nutcher"
Joseph E. Blitch
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese°
William E. Reischmann, Jr.
J.W. Taylor
Jeffrey S. Weiss
Offices in Orlando,
Ft. Lauderdale & Tampa
Tara L. Barrett
Vivian P. Cocotas
Robin Gibson Drage
Katherine W. Latorre"
Alfred Truesdell
Lynn M. Vouis
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
'Board Certified Appellate Practice
Danielle Harker
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
Apri13, 2009
Re: City of Winter Springs /Roy
Dear Danielle:
Gary M. Glassman
Erin J. O'Leary'
Amy J. Pitsch
Catherine D. Reischmann"
Of Counsel
Please find enclosed for safekeeping, the original fully executed Partial Release of Blanket
Easement executed on February 11, 2008.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
f nnette Fams
Assistant to Anthony A. Garganese
/j f
Enclosure
111 N. Orange Ave, Suite 2000 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@orlandolaw.net