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HomeMy WebLinkAbout2002 06 10 Public Hearing E Second Reading - Ordinance 2002-19 Parkstone Community Association COMMISSION AGENDA ITEM E Consent Information Public Hearing X Re~ular June 10, 2002 Meeting Mgr. rr- IDeptj/tfCA REQUEST: City Manager presents to the City Commission, the Second Reading of Ordinance No. 2002-19, which will convey Tract H of Parks tone Unit 2, to the Parkstone Community Association. PURPOSE: The purpose of this agenda item is to present to the Commission, the Second Reading of Ordinance No. 2002-19, which will convey Tract H of Parks tone Unit 2 to the Parkstone Community Association via a quit claim deed. CONSIDERATIONS: This ordinance is needed to convey Tract H of Parks tone Unit 2 to the Parkstone Community Association. Tract H is the road right of way within Parkstone Unit 2. On August 18, 2001, Centex Homes erroneously recorded a warranty deed conveying Tract H to the City. The City Commission approved the 1st reading of Ordinance 2002-19 on May 13, 2002. The requested revisions have been incorporated into the ordinance, FINDINGS: 1) The roads and rights of ways are privately owned and maintained 2) The City does not own or maintain roads and drainage systems in private subdivisions. 3) The warranty deed was erroneously recorded by Centex Homes. 4) The Notice of 2nd Reading of Ordinance 2002-19 was published May 30, 2002. Public Hearing Agenda Item E June 10, 2002 ----~ <> :J ---v- nO T\ -- FUNDING: All costs including legal, advertisement, and recordation shall be borne by Centex Homes RECOMMENDATION: Staff recommends the City Commission consider and approve Ordinance No. 2002-19 conveying the real property described as Tract H of Parks tone Unit 2 to Parkstone Community Association. ATTACHMENT: A - Proposed Ordinance No. 2002-19 COMMISSION ACTION: A TT ACHMENT NO, 1 ORDINANCE NO. 2002~19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 'WINTER SPRINGS, FLORIDA, CONVEYING TO PARKSTONE COMMUNITY ASSOCIATION, INe. THE REAL PROPERTY DESCRIBED AS TRACT H, PARKSTONE UNIT 2, LOCATED WITHIN THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA AND LEGALLY AND MORE GENERALLY DESCRffiED IN EXHffiIT "A" HERETO; ][lROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND ][lROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 18, 2001, the City of Winter Springs received title to certain roadways in the Parkstone Subdivision located along State Road 434; and WHEREAS, those roadways were intended to remain private roadways; and WHEREAS, the roadways were conveyed in error and there is no public need for the roadways; and WHEREAS, the City Commission desires to convey those roadways to the Parkstone Community Association, Inc. to further the intention that the roadways be maintained as private, not public, roadways; and WHEREAS, City of Winter Springs Charter, Section 4.14 requires that the conveyance of all real property owned by the City be done by ordinance; and WHEREAS, the City Commission finds this ordinance is in the best interests of the public health, safety and welfare. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS AS FOLLOWS: Section 1. Conveyance. The City of Winter Springs hereby conveys to Parkstone Community Association, Inc. the real property described in the Quit Claim Deed attached hereto as Exhibit "A." Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 3. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 4. Effective Date, This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2002. ATTEST: PauIP.Panyka,~ayor Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2002-1 9 Prepared by and Return to: Anthony A. Garganese, l!-squire Brown, Ward, Salzman & Weiss, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS, That on this _ day of June, 2002, in consideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00) to CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("Grantors"), in hand paid by PARKSTONE COMMUNITY ASSOCIA TION, INC., a Florida corporation ("Grantee"), whose address is 385 Douglas Avenue, Suite 2000, Altamonte springs, Florida 32714, the receipt whereof is hereby acknowledged, the Grantors do remise, release, quit-claim and convey to the following described real estate, situate and being in the County of Seminole, State of Florida, to-wit: Tract H, P ARKSTONE UNIT 2, according to the plat thereof, as recorded in Plat Book 58, Pages 24-25, of the Public Records of Seminole County, Florida. This deed was prepared without a review or examination of the title or survey to the above described property and no opinions or representations are being made either expressly or implied by Brown, Ward, Salzman & Weiss, P.A. and the City of Winter Springs, Florida, It is being prepared and recorded without any representations or warranties whatsoever by Brown, Ward, Salzman & Weiss, P.A. of Orlando, Florida, and the City of Winter Springs, Florida. TO HAVE AND 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 said first party has signed and sealed these presents the day and year first above written. WITNESSES: CITY OF WINTER SPRINGS, FLORIDA: ny: PRlNr NAME: PAUL P. PARTYKA, Mayor PRINr NAME: STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that PAUL p, PARTYKA, Mayor of the CITY OF WINTER SPRINGS, FLORIDA, who is personally known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he executed the foregoing voluntarily on his behalf, and not swearing an oath. Given under my hand, this day of June, 2002. NOTARY PUBLIC City of Winter Springs Ordinance No. 2002-19 ~ ,; ':' '. ORDINANCE NO. 2002-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CONVEYING TO PARKSTONE COMMUNITY ASSOCIATION, INe. THE REAL PROPERTY DESCRIBED AS TRACT H, PARKS TONE UNIT 2, LOCA TED WITHIN THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA AND LEGALLY AND MORE GENERALLY DESCRIBED IN EXHffiIT "A" HERETO; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 18, 2001, the City of Winter Springs received title to certain roadways in the Parkstone Subdivision located along State Road 434; and WHEREAS, those roadways were intended to remain private roadways; and WHEREAS, the roadways were conveyed in error and there is no public need for the roadways; and WHEREAS, the City Commission desires to convey those roadways to the Parkstone Community Association, Inc. to further the intention that the roadways be maintained as private, not public, roadways; and WHEREAS, City of Winter Springs Charter, Section 4.14 requires that the conveyance of all real property owned by the City be done by ordinance; and WHEREAS, the City Commission finds this ordinance is in the best interests of the public health, safety and welfare. City of Winter Springs Ordinance No. 2002-19 Page 1 of 3 "\..~. r~ NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS AS FOLLOWS: Section 1. COlIlveyance. The City of Winter Springs hereby conveys to Parkstone Community Association, Inc. the real property described in the Quit Claim Deed attached hereto as Exhibit "A" Section 2, Repeal of Prior Inconsistent Ordinances and Resolutions, All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 3, Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 4, Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular . , meeting assembled on the lOTHdayof JUNE r ,~ o-Luaces, City Clerk City of Winter Springs Ordinance No. 2002-19 Page 2 of 3 '} ..... /'" < Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A, Garganese, City A First Reading: MAY 13, 2002 Second Reading: JUNE 10, 2002 Effective Date: JUNE 10, 2002 City of Winter Springs Ordinance No. 2002-19 Page 3 of 3 j. . '( BROWN, WARD, SALZMAN & WEISS, P.A. Attornrys at Lmv Usher L. Brown t Suzanne O'Agresta Anthony A. Garganesea Gary S. Salzmano John H. Ward t Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb Jeffrey P. Buak Alfred Truesdell Joseph E. Blitch Scott O. Danahy Theodore F. Greene, III Kristine R. Kutz Todd K. Norman Vincent E. Scarlatos tBoard Certified Civil Trial Lawyer oBoard Certified Business Litigation Lawyer aBoard Certified City, County & Local Government Law Erin J. O'Leary Of Counsel July 29, 2002 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 RE: City of Winter Springs I Parkstone Community Association, Inc. Quit Claim Deed lOur File No. 1193 Dear Andrea: Enclosed please find a copy of the recorded Quit Claim Deed conveying Tract H, Parkstone Unit 2, to Parkstone Community Association, Inc., for your files. The original document has been forwarded to Parkstone Community Association, Inc, Anthony A. Garganese City Attorney AAG:jf Enclosure 225 East Robinson Street, Suite 660, P.O. Box 2873. Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144' Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net ' Email: firm@orlandolaw.net j. -, .-.....................- Prepared by and Return to: Anthony A. Garganese. Esquire L_ BprowOn;ffiwa"Bd, Sal8ZJ7U13 n & Weiss, P,A. ; ost 'JJ.ce ox 2 7 Orlando. Florida 32802-2873 MARYMtE MORSE, Q.ERJ( IF CIRCUIT IDJRT SEMINOlE al.WTV OK 04461 PG 1894 CLERK'S. 2002909099 RECORDED 07/15/2002 04:12:17 p~ DEED DOC: lAX 0.70 RECORDING FEES 6.00 RECORDED BY G Harford ('h KNOW ALL MEN BY THESE PRESENTS, That on this / 'I day of June, 2002, in consideration of the sum ofTEN AND NO/lOO DOLLARS ($10,00) to CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("Grantors"), in hand paid by PARKSTONE COMMUNITY ASSOCIATION, INC., a Florida corporation ("Grantee"), whose address is 385 Douglas Avenue, Suite 2000, Altamonte springs, Florida 32714, the receipt whereof is hereby acknowledged, the Grantors do remise, release, quit-claim and convey to the following described real estate, situate and being in the County of Seminole, State of Florida, to-wit: QUIT CLAIM DEED Trach H, PARKSTONE UNIT 2, according to the plat thereof, as recorded in Plat Book 58, Pages .24-25, of the Public Records of Seminole County, Florida. This deed was prepared without a review or examination of the title or survey to the above described property and no opinions or representations are being made either expressly or implied by Brown, Ward, Salzman & Weiss, P.A. and the City of Winter Springs I Florida. It is being prepared and recorded without any representations or warranties whatsoever by Brown, Ward, Salzman & Weiss, P.A. of Orlando, Florida, and the City of Winter Springs, Florida, TO HAVE AND 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 '. . - . '" , , , -,.....~. . ~ \ , , .' .~ J' b>'. 1'1 IN WITNESS WHEREOF, the said first party has signed and se_~te~~~l~ie.ptt'SOO~~'d~y and year first above written, ;: ~.~..,:\ ED ..,,\~. \. .. . '\.. " Y , ,.....' . ,... ' WITNESSES:ro ' '-- ~ ~~- . -. esp'e ~~I" jJnJJ~ CNTI'lAME: :S"o.""c..'e. c=. \\t..Q.,'t'\\) BY: ,,!- , STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that PAUL p, PARTYKA, Mayor of the CITY OF WINTER SPRINGS, FLORIDA, who is personally known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he executed the foregoing voluntarily on his behalf, and not swearing an oath,' . .. A~REA r.oaEtfl9'lUACES i.'lv-COIiIMlSSION -"fCC 831;31 . ' ''EXPlnGS:.i:Ali'y~, 2U03 1.eoo.3-NOl'?H~' ~fl.. Nfforlf.; ~~t,~..,~r;>> '" ~~_~..:....