HomeMy WebLinkAbout2008 01 28 Consent 200 Approval of a Quit Claim DeedCOMMISSION AGENDA
ITEM 200
January 28, 2008
Meeting
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
MGR / . }''~~/DEPT ' ...,, _..
Authorization
REQUEST: Public Works Department Requesting Approval of a Quit Claim Deed conveying
property to the City.
PURPOSE: The purpose of this Board item is to request approval of a quit claim deed conveying
property at the southern end of Otisco Way from the Florida Department of
Transportation to the City.
CONSIDERATIONS:
• Staff was recently contacted by representatives of the Florida Department of Transportation -
Florida's Turnpike Enterprise requesting to convey to the City a portion of Lot 249 in
Tuscawilla Unit 14-B (Chelsea Woods). Lot 249 is located at the southeast end of Otisco Way
at a cul-de-sac (see Exhibit 1 attached).
• FDOT acquired a portion of Lot 249 as a part of the initial right-of--way acquisition for the
construction of SR 417. According to FDOT, Lot 249 is no longer needed for state highway
purposes.
• Lot 249 currently includes a significant portion of the paved cul-de-sac at the southern end of
Otisco Way, a City right-of--way. City ownership of the subject portion of Lot 249 is
recommended in order to have the entire paved cul-de-sac and associated drainage facilities
located within City property. Lot 249 is not a buildable lot and it will be used by the City for a
public purpose as aright-of--way.
FUNDING:
No funding is required.
012808_COMM_Consent_200_Otisco Way Quit Claim
January 28, 2008
Consent Agenda Item #200
Page 2 of 3
RECOMMENDATION:
Staffrecommends that City Commission accept the quit claim deed from FDOT.
ATTACHMENTS:
1. Aerial Map
2. Boundary Survey and Legal Description
3. Quit Claim Deed
COMMISSION ACTION:
Exhibit 1 I '
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012808_COMM_Consent_200_Otisco Way Quit Claim
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a.
This instrument prepared under the
supervision of Kathy Lamb-Flynn, Attorney
Florida Department of Transportation
Florida Turnpike Enterprise
Milepost 263, Florida's Turnpike
(Building 5315, Turkey Lake Service Plaza)
P.O. Box 613069
Ocoee, FL 34761
FP No.: 190708-1
WPI No.: 5157510
Section: 9770-2302
Parcel: 303
County: Seminole
QUITCLAIM DEED
THIS QUITCLAIM DEED is made this day of , 2007, by the STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, anexecutive agency of the State of Florida,
whose post office address is Turnpike Headquarters, P.O. Box 613069, Milepost 263, Florida's
Turnpike, Building 5315, Ocoee, Florida 34761, hereinafter "Grantor," to the CITY OF WINTER
SPRINGS, a municipal corporation of the State of Florida, whose address is 1126 East State Road 434,
Winter Springs, Florida, 32708, hereinafter "Grantee."
WITNESSETH
WHEREAS, the land hereinafter described was acquired by the Grantor for state highway
purposes; and
WHEREAS, the Grantee has requested from the Grantor the land hereinafter described to be
used by the Grantee for a public purpose; and
WHEREAS, the said land is no longer required by the Grantor for state highway purposes, and
the Grantor, by action of the Florida Turnpike Enterprise Executive Director, pursuant to the
provisions of Section 337.25, Florida Statutes, has agreed to quitclaim the said land to the Grantee.
NOW THEREFORE, in consideration of the sum of One Dollar in hand paid by the Grantee,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Grantor does hereby remise, release, and forever quitclaim to the Grantee all of
Grantor's right, title, and interest in and to the parcel of real property described in the attached Exhibit
«A,~
As a condition of this grant the Grantor hereby imposes the following restriction on the said
real property described in Exhibit "A", which restriction shall run with the land in perpetuity, as
follows: No commercial transmission or receiving devices which carry signals that cause, or could
cause, interference with the operations of the Grantor, may be placed, constructed, or maintained on
the said real property. The parties hereto agree that the Grantor has no adequate remedy at law to
enforce this restriction, and that it maybe enforced by injunctive relief.
Grantor reserves all rights of ingress, egress, light, air and view between the above described
property and Grantor's abutting property (S.R. 417).
TO HAVE AND TO HOLD the said real property described in Exhibit "A", together with all
appurtenances thereto, unto the Grantee and its successors and assigns forever.
This conveyance is made subject to any and all unpaid taxes, special assessments, covenants,
conditions, restrictions, and encumbrances of record, but the reference hereto does not serve to
reimpose the same.
IN WITNESS WHEREOF, the State of Florida, Department of Transportation, has caused
these presents to be signed by its duly authorized officer, its Executive Director of Florida Turnpike
Enterprise, and its seal hereunto affixed, attested by its Executive Secretary, in the date first above
written.
Signed, sealed and
delivered in our presence
as witnesses:
Signature
Print or Type Name
Signature
Print or Type Name
STATE OF FLORIDA
COUNTY OF ORANGE
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION
By: James L. Ely, Executive Director
Florida's Turnpike Enterprise
Attest:
Elizabeth Decker, Executive Secretary
Florida's Turnpike Enterprise
Legal Review:
Kathy Lamb-Flynn
The foregoing instrument was acknowledged before me this day of , 2007,
by James L. Ely, as Executive Director of the State of Florida Department of Transportation, Florida
Turnpike Enterprise, who is personally known to me, and who did acknowledge before me that he
executed the foregoing instrument on behalf of the State of Florida Department of Transportation, for
the purposes therein expressed.
Notary Public:
Print, Stamp, or Type Name:
My commission expires:
Prepared by: Angel M. Bosque
Date: October 2, 2007
Parce1303
Section 97770-2302
State Road No.: 417
County: Seminole
FEE SIMPLE RIGHT OF WAY
A parcel of land, being a portion of Lot 249, Tuscawilla Unit 14 B, Plat Book 37, Pages 6
through 10 as recorded in Seminole County, Florida, as shown on sheet 4 of 9, Section
97770-2302, State Road 417 Right of Way Map, being more particularly described as
follows:
Commence at a set Right of Way Marker (no identification number) located at the
Northwest Point of Curvature of Lot 253 according to the Plat thereof, being the West
Limited Access Right of Way Line of State Road 417 and being the Easterly Right of
Way line of Otisco Way; thence South 00° 47' 14" East along said West line, a distance
of 385.00 feet to a point on the Northwest corner of Lot 249 also being the POINT OF
BEGINNING; thence North 89° 12' 46" East along the North line of said Lot 249 a
distance of 108.34 feet; thence departing said North line run South O1 ° 32' 09" West a
distance of 122.28 feet to a point on the South line of said Lot 249 and the North Right of
Way line of Otisco Way; thence North 75° 16' 41" West along said Right of Way line a
distance of 88.29 feet to a point of curvature of a curve to the Right having a radius of
25.00 feet and a central angle of 74° 29'27"; thence Northerly along the arc of said curve
a distance of 32.50 feet to a point on the Westerly line of said Lot 249 also being the
Easterly Right of Way line of Otisco Way; thence North 00° 47' 14" West along said
Westerly line a distance of 74.48 feet to the POINT OF BEGINNING.
Containing 11,382 square feet, more or less.
Reserving unto the grantor Limited Access Rights along the Northerly and Easterly lines
of the above described property.
----
INNIIIIIINIMIIIINIHINIIINIIIIIUlININ~IIl11
.~
This instrument prepared under the
supervision of Kathy Lamb-Flynn, Attorney
Florida Department of Transportation
Florida Tumpike Enterprise
Milepost 263, Florida's Turnpike
(Building 5315, Turkey Lake Service Plaza)
P.O. Box 613069
Ocoee, FL 34761
FP No.: 190708-1
WPI No.: 5157510
Section: 9770-2302
Parcel: 303
County: Seminole
QUITCLAIM DEED
~~~~ ~p~, U.ERK t~ ctkt~l;<r rc>ukr
SEM;ihNit.k CWNTY
BK UEi'~~33 Nils i;i'~/ - 1f~W; t4pgs)
CLERKS S # ~'G't}6G2G346
aEL'DRllk:D 02/1/2008 12x0:;:20 ~1
IiECtlftnllVG FEEB 3:1.50
Rt:C:tlHV~ HY J EcNenroth
~~B 2 ~ 208
CITY CVF WINTER SPRINGS
OFFICE OF THE CIT' CLERK
THIS QUITCLAIM DEED is made this eJ`~~, day of E~CAI~~~, , 2007, by the STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, an executive agency of the State of Florida,
whose post office address is Turnpike Headquarters, P.O. Box 613069, Milepost 263, Florida's
Turnpike, Building 5315, Ocoee, Florida 34761, hereinafter "Grantor," to the CITY OF WINTER
SPRINGS, a municipal corporation of the State of Florida, whose address is 1126 East State Road 434,
Winter Springs, Florida, 32708, hereinafter "Grantee."
WITNESSETH
WHEREAS, the land hereinafter described was acquired by the Grantor for state highway
purposes; and
WHEREAS, the Grantee has requested from the Grantor the land hereinafter described to be
used by the Grantee for a public purpose; and
WHEREAS, the said land is no longer required by the Grantor for state highway purposes, and
the Grantor, by action of the Florida Turnpike Enterprise Executive Director, pursuant to the
provisions of Section 337.25, Florida Statutes, has agreed to quitclaim the said land to the Grantee.
NOW THEREFORE, in consideration of the sum of One Dollar in hand paid by the Grantee,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Grantor does hereby remise, release, and forever quitclaim to the Grantee all of
Grantor's right, title, and interest in and to the parcel of real property described in the attached Exhibit
«A„
As a condition of this grant the Grantor hereby imposes the following restriction on the said
real property described in Exhibit "A", which restriction shall run with the land in perpetuity, as
follows: No commercial transmission or receiving devices which carry signals that cause, or could
cause, interference with the operations of the Grantor, may be placed, constructed, or maintained on
a
the said real property. The parties hereto agree that the Grantor has no adequate remedy at law to
enforce this restriction, and that it maybe enforced by injunctive relief.
Grantor reserves all rights of ingress, egress, light, air and view between the above described
property and Grantor's abutting property (S.R. 417).
TO HAVE AND TO HOLD the said real property described in Exhibit "A", together with all
appurtenances thereto, unto the Grantee and its successors and assigns forever.
This conveyance is made subject to any and all unpaid taxes, special assessments, covenants,
conditions, restrictions, and encumbrances of record, but the reference hereto does not serve to
reimpose the same.
IN WITNESS WHEREOF, the State of Florida, Department of Transportation, has caused
these presents to be signed by its duly authorized officer, its Executive Director of Florida Turnpike
Enterprise, and its seal hereunto affixed, attested by its Executive Secretary, in the date first above
written.
Signed, sealed and
delivered in our presence
as witnesses:
ignature
S I~a~ ~ /- S~,P
Print or Type Name
Sig ature
Print or Type Name
STATE F FL RIDA,
DEP THE OF TF
y: J
's Turnpike
TATION
Attest: ~^-Q C2lccv
Eliza h Decker, Executive Secretary
Florida's Turnpike Enterprise
Legal Review:
Kathy b-Flynn
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of ~c~.cF,~,~fe, , 2007,
by James L. Ely, as Executive Director of the State of Florida Department of Transportation, Florida
Turnpike Enterprise, who is personally known to me, and who did acknowledge before me that he
executed the foregoing instrument on behalf of the State of Florida Department of Transportation, for
the purposes therein expressed.
Notary Public:
~~
Print, Stamp, or Type Name:
My commission expires:
,.,,~,~",,,. ELIZABETH M. DE
~~•~~"r'w•';
~,-. Notary FtibNc - >~ of Flgldo
s' OORlnibr~Elp[IttL1~,~
WCa~nN~Noynl. OD X19261
/N ~~t~~
Prepared by: Angel M. Bosque
Date: October 2, 2007
Parcel 303
Section 97770-2302
State Road No.: 417
County: Seminole
FEE SIMPLE RIGHT OF WAY
A parcel of land, being a portion of Lot 249,
through 10 as recorded in Seminole Count}
97770-2302, State Road 417 Right of Wa}
follows:
Tuscawilla Unit 14 B, Plat Book 37, Pages 6
Florida, as shown on sheet 4 of 9, Section
Map, being more particularly described as
Commence at a set Right of Way Marker (no identification number) located at the
Northwest Point of Curvature of Lot 253 according to the Plat thereof, being the West
Limited Access Right of Way Line of State Road 417 and being the Easterly Right of
Way line of Otisco Way; thence South 00° 47' 14" East along said West line, a distance
of 385.00 feet to a point on the Northwest corner of Lot 249 also being the POINT OF
BEGINNING; thence North 89° 12' 46" East along the North line of said Lot 249 a
distance of 108.34 feet; thence departing said North line run South O1 ° 32' 09" West a
distance of 122.28 feet to a point on the South line of said Lot 249 and the North Right of
Way line of Otisco Way; thence North 75° 16' 41" West along said Right of Way line a
distance of 88.29 feet to a point of curvature of a curve to the Right having a radius of
25.00 feet and a central angle of 74° 29'27"; thence Northerly along the arc of said curve
a distance of 32.50 feet to a point on the Westerly line of said Lot 249 also being the
Easterly Right of Way line of Otisco Way; thence North 00° 47' 14" West along said
Westerly line a distance of 74.48 feet to the POINT OF BEGINNING.
Containing 11,382 square feet, more or less.
Reserving unto the grantor Limited Access Rights along the Northerly and Easterly lines
of the above described property.
III~IIINNMI INI Ii~I1~~lIN1aN111NIN~iN11
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
255 E. Robinson St., Suite 660
Orlando, FL 32802
(407) 425-9566
I~IRYAI~ ~u~, l;i.~~ OF cIRG'Uir t:~urrr
S~rerrwxr I.~vrY
>iK 06'33 Py 1f,01; Sip~r)
CLERKS S # 20(7602[7347
RECUHIIE:D 42/21 /2008 12:05:20 PM
REC(1riDll~ ~'EE5 10.00
REt~:1H1)~l] liY J Eckonroth
CITY OF WINTER SPRINGS
JOINDER AND CONSENT TO DEDICATION FOR
"HERS" is Mortgage Electronic Registration Systems, Inc., a corporation which is organized and
existing under the laws of Delaware, hereinafter referred to as "Mortgagee", is the owner and holder
of that certain Mortgage and Security Agreement (hereinafter referred to as the "Mortgage") which is
recorded in Official Records Book 5972, Pages 741-756 of the Public Records of Seminole County,
Florida. CitiMortgage, Inc., hereby joins in and consents to the dedication of the lands described in
Fruitwood Lake Plat, recorded in Plat Book ^7 3 ,Pages Qy - (~ \ ,Public
Records of Seminole County, Florida, and agrees that its mortgage, lien or encumbrance shall be
subordinated to said dedication.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
"HERS"
Mortgage Electronic Registration Systems, Inc.
`' `~~~~~~~, REGIST~~%,~
WI S: j NAME ~ ~,. , ....Rq ,,
~ ~ U~ ~O~P O I~qT~ joy
LOrI ~ ~Y1C~6/1 = w:~ SEAL ':~
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WITNESS: TITLE ~ W
~. 1995 : ~~
s''•.O ~i.~ y''
STATE OF MARYLAND '~.,,~0~%""' ~~~~,~~~
COUNTY OF FREDERICK ~~'""""'"~~
The foregoing instrument was acknowledged before me this 5~' day of February, 2008
by Melanie A. Moeller as Vice President of "HERS" Mortgage Electronic Registration Systems,
Inc., as he/she is personally known to me or has produced as
id tification and did/did not take and oath.
~ ~ ~ ~/~-P~1 G~ Seal: Hl, ~p''y,
Saundra W. Pierce, Notary Public ~~-y,
My Commission August 9, 2011 N~T~y T
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