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Home My WebLink About2003 01 27 Consent G Quit Claim Deed '.. ",' COMMISSION AGENDA ITEM G CONSENT X INFORMA TIONAL PUBLIC HEARING REGULAR January 27,2003 Meeting MGR IDEPT Authorization REQUEST: Utility Depa~ment 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 under the power easement adjacent to Water Plant #1 to the City and recognizing it as a charitable land contribution. CONSIDERATIONS: The agenda item is needed for the City to acquire the property under the power easement adjacent to water plant #1 on Northern Way. Ownership of this property would be advantageous to avoid obtaining right of way utilization permits from the power companies when this corridor is used for utility line extensions or installation of communication conduits for fiber optic. The property is shown below. ~-- Cj --f ==:: "nnn ..::3 2~ " 47 ~ \ \/Jp..Tcn PLJ~\r' \ I:.'.' / ).. ... , r; {~~\~~~4~ ~ I' (( "" ~..~ ,~,I. ~ /; 1.1 (l' 58 I' ~ ,~; l~ ~ 1m ^ , / 53 LJ The property is encumbered with a Florida Power & Light easement and extends from ~. ~ ,\'.; the Northern Way right of way westward to the intersection with the Florida Power Corp .~ 4I:l~ Consent Agenda Item G January 27,2003 Page 2 easement. It is bounded on the north by the water plant and on the south by residential. The City already owns the FPC power easement property north of the water plant and the FP&L easement west to Tuskawilla Road. The City has been maintaining this property for years due to the existing utilities in the corridor. Larry Littrell purchased the tax certificate for this property in February 2002 for $700. It was previously in the name ofthe developer of Tuscawilla which was a defunct company. After contacting us, we advised him of the various easements encumbering the property and of the mowing we would now be expecting him to perform. Mr. Littrell recorded a quit claim deed to the City in July off 2002 without our knowledge, a copy of which is attached. At the time, we were having difficulties with the power company gaining approval for the new water distribution main and fiber optic line to the water plant and fire station. Associates from the City Attorney's firm discovered the recordation of the quit claim deed. Mr. Littrell subsequently requested that the City recognize the conveyance as a charitable contribution to a governmental unit. The City Attorney's legal opinion of no objection is attached as long as there is no cost associated with the conveyance. FUNDING: No funding is required. RECOMMENDATION: It is recommended that City Commission accept the quit claim deed and recognize the conveyance as a charitable contribution. IMPLEMENTATION SCHEDULE: The appropriate tax form would be executed when provided by Mr. Littrell. ATTACHMENTS: 1. Quit Claim Deed 2. City Attorney Legal Opinion 3. Parcel Detail COMMISSION ACTION: "". ~ QUIT-CLAIM OnD ,', RAMeo FORM 8 This @uit-€laim leed, Executed this 14TH day of MEv JUNE , A. D. ?9 20O,4>y first party. to Lands End Trust Larry L. Littrell Trustee or L. Shannon Littrell Trustee 1171 Landmark Ln. Casselberry Fl 32707 whose postoffice address is second party: City Of Winter Springs 1126 E. SR 434 Winter Springs 32708 (\Vhtrever used herein the terms llrirst party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns or individuals, and the successors and assigns of co:-porations, wherever the context so admits or requires.) llfl.titnessdh, That the said first party. for and in consideration of tIle sum of $ in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party Iws in and to the follOWing described lot. piece or parcel of land. situate, lying and being in the County of Seminole State of Florida , to-wit: LEG PT OF LOTS 58 64 & 65 & VACD STS DESC AS BEG NW COR LOT 46 TUSCAWILLA UNIT 6 RUN N 1 DEG 31 MIN 3 SEC W 100.62 FT N 35 DEG 54 MIN 23 SEC E 110 FT S 54 DEG 5 MIN 37 SEC E TO N LI 100 FT FPC ESMT E TO E LI TUSCAWILLA UNIT 8 W TO NLY LIllO FT FPL ESMT S 54 DEG 5 MIN 37 SEC E TO WLY R/W NORTHERN WAY S 25 DEG 22 MIN 55 SEC W 111.34 FT N 54 DEG 5 MIN 37 SEC W TO A PT S 85 DEG 10 MIN 12 SEC E OF BEG N 85 DEG 10 MIN 12 SEC W TO BEG GARDENA FARMS PB 6 PGS 23 & 24 01-21-30-5BH-0000-0580 ,..,1181.................1 /llARVANNE MORSE, CLERK OF CIRCUIT COORT SEMINOlE COUNTY BK 04460 PG 1684 CLERK'S. 2002908569 RECOROED 07/15/2002 08:11:52 ~" RECORDING FEES 0.00 RECORDED BY G Harford 10 ltaue and to llold tIle same togetlter with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title. interest, lien, equity and claim what- soever of the said first purty, eitller in luw or equity, to the only proper use, benefit and behoof of the said second party forever. ~n llfl.titness Uhereof, The said first party Iws signed and sealed these presents the day and year first above written. (~:e~d, sdJ d and d I') red in presence of: ........8~~. k\.~~~Jr..........._.......... STATE OF FLORIDA, COUNTY OF } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Cou nty aforesaid to take acknowledgments, personally appeared t. Shc'Y]"10,-, )J jfy-elJ who execu ted the foregoing instrument and 5k. I st aforesaid this / ~ tA day of .........~.JL........................................... acknowledged to me known to be the person described in and before me that ) Lt <: executed the same. WITNESS my hand and official seal in the gu-" <- A. D. )II}.oO 2-. L J. Hedrick . MY COMMISSION # 00015854 EXPIRES June " 2005 eONDID 1l1RU TROY fAIN INIURANCI,INC. This Instrument prepared hy,' Address RAY VALDES TAX COLLECTOR-SEMINOLE COUNTY P.O. BOX 630 SANFORD, FLORIDA 32772-0630 RAMeo FORM 8 ~/ J.. ..-4.' @uit (laim Jeed -...- .;~' (:" .'J':> ... " 10 (C-Al .. ..: to,..;".. . /: :'::"~;~ :);~::~,;:~:;:~'~ '~., ~'~;;::~~ri.."'.:ri:;;~~',':~:, ~ -:".~ :.\ ....:. \: RECEIVI:U JUL 2 3 70n? CITY OF WINTER SPRINGS Finance Department MARYANNE MORSE CLERK OF COURT, SEMINOLE COUNTY 301 NORTH PARK AVE SANFORD, FL 32771 407-665-4411 DATE:07/15/2002 TIME:08:11:27 AM RECEIPT:94200 WINTER SPRINGS, CITY OF CODE - 112 ITEM -01 QCD 08:11:52 AM FILE:2002908569 BK/PG:4460/1684 Sub. Total 0.00 ------------------------ AMOUNT DUE: TOTAL PAID: $.00 $.00 REC BY:GHARFORD DEPUTY CLERK Have a Nice Day .,.J. .'.. ."-'0' A TT ACHMENT NO. 2 BROWN, WARD, SALZMAN & WEISS, P.A. Attornrys at Law .sher l. Brown · Suzanne D'AgrestaD Anthony A. GarganeseD Gary S. Salzmano John H. Ward · Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb Jeffrey P. Buak John U. Biedenharn, Jr, Joseph E. Blitch Jennifer A. Michael Todd K. Norman Michelle A. Reddin Vincent E. Scarlatos 'Board Certified Civil Trial Lawyer OBoard Certified Business Litigation Lawyer DBoard Certified City, County & LocalGovernment Law November 21, 2002 Erin J. O'Leary Of Counsel Kip Lockcuff, Utility Director City of \Nintei Spiings 1126 E. State Road 434 Winter Springs, FL 32708-2799 Re: Legal Opinion-Request for Charitable Contribution Letter for Conveyance of Parcel 1.0. No. 01-21-30-5BH-0000-0580 City of Winter Springs-General/File No. 1193 Dear Kip: . This letter serves as a follow-up to our conversation last month concerning Mr. Littrell's desire for the City of Winter Springs to provide him with a confirmation letter reflecting the City's acceptance of the above-referenced property by virtue of a quit claim deed recorded in favor of the City. It is our unders;tanding that Mr. Littrell has requested a confirmation letter for tax purposes in an attempt to qualify the conveyance as a charitable contribution. You have advised that the conveyance was done without the City's knowledge, but the City does not object to having ownership of the property. First, it is my opinion that all real property deeds conveyed to and from the City must be approved by the City Commission. Therefore, since Mr. Littrell filed the deed without the City's permission, the quit claim deed still must be presented to the Commission for approval and acceptance. Second, Title 26 U.S.C. 170(b)(1 )(v) permits an individual to make a charitable contribution to a governmental unit, including a municipality. As such, assuming the City Commission approves and accepts the conveyance without compensation paid to Mr. Littrell, the City can recognize a charitable land donation by executing IRS Form 8283 upon presentation by Mr. Littrell. Upon execution by the City, it is Mr. Littrell's responsibility to file the form with the Internal Revenue Service in accordance with the rules and regulations of the IRS.. The City is not responsible in any manner to determine whether or not the IRS will recognize the donation for tax purposes. . AAG:jf cc: Ronald W. McLemore, City Manager 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 Anthony A. Garganese City Attorney "~ :semmOle County Property Appraiser Get Information by Parcel Numb. . Seminole County '~vA~<~.. .:'..":,;-.....'f;~ Roperf..~pNu<!r chn'iceG 1101 B.llirot Si. S3nt()r<l f;"I. 3i17i 407..()t';:;-7S()6 A TT ACHMENT NO. 3 r- '-~.-. -,' -~ '" V m:.u J:snn: ':t rr'I~RioN.\J. rR()r.: r-~T:~x j\(lt I~~"J ) s:.\tj~ SI::-\Rcll , I ... <J .. I> )- GENERAL 2003 WORKING VALUE SUMMARY . . W1-WINTER Parcelld: 01-21-30-5BH-OooO-0580 Tax District. SPRINGS Owner: ~~NTER SPRINGS CITY Exemptions: 8O-CITY Address: 1126 E SR 434 City,5tate,ZipCode: WINTER SPRINGS FL 32708 Property Address: Facility Name: Oar: 91-GAS/ELECTRICITELEPHO Value Method: Number of Buildings: Depreciated Bldg Value: Depreciated EXFT Value: Land Value (Market): Land Value Ag: Just/Market Value: Assessed Value (SOH): Exempt Value: Taxable Value: SALES Deed Date Book Page Amount VacJlmp QUIT CLAIM DEED 06/2002 04460 1684 $100 Vacant TAX DEED 0212002 04323 0708 $700 Vacant 2002 VALUE SUMMARY 2002 Tax Bill Amount: $0 2002 Taxable Value: $0 Find Comparable Sales within this DOR Code Market o $0 $0 $100 $0 $100 $100 $100 $0 LEGAL DESCRIPTION PLAT LEG PT OF LOTS 5864 & 65 & VACD STS DESC AS BEG NW COR LOT 46 TUSCAWILLA UNIT 6 RUN N 1 DEG 31 MIN 3 SEC W 100.62 FT N 35 DEG 54 MIN 23 SEC E 110 FT S 54 DEG 5 MIN 37 SEC E TO N L1100 FT FPC ESMT E TO E LI LOT 15 TUSCAWILLA UNIT 8 S 100 FT WTO NLY L1110 FT FPL ESMT S 54 DEG 5 MIN 37 SEC E TO WLY RIW NORTHERN WAY S 25 DEG 22 MIN 55 SEC W 111.34 FT N 54 DEG 5 MIN 37 SEC WTO APT S 85 DEG 10 MIN 12 SEC E OF BEG N 85 DEG 10 MIN 12 SEC W TO BEG GARDENA FARMS PB 6 PGS 23 & 24 LAND Land Assess Method Frontage Depth Land Units Unit Price Land Value LOT 0 0 1.000 100.00 $100 . I B,\("K '. ,PROI'ERTY J\PPRAISHl : . (' .().......\(~r ~ .. '.', '.' 1I0,\IEI'..\(,;I:' ...... .' ''''.' , " .., ... , . ~.. " ~ . ~ .... A 'A' '._ ~ . ..... ..,'" ,;J. . "'" I f' U oses. http://www.scpafl.orglpls/web/re_web.seminole_county_ title?P ARCEL=0121305BH00000580&... 01/22/2003