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Home My WebLink AboutDittmer Properties Inc. -1985 10 11 ~ ~ SILVIA MORELL ALDERMAN FR ED RICK L. BATEMAN,JR. EDMUND T. BAXA~JR. J EANELLE G. BRONSON PAUL F. BRYAN DWIGHT I.000L CHARLES R. GEORG E~III EDWARD E. HADDOC K.JR. MITCHELL B. HAIGLER ROBERT A.HENDERSON ELIZABETH CRO FT-JEW ETT ALLAN J• KAT2 CHRISTOPHER K. KAY FRANK C. KRUPPENBACHER EDWARD L. KUTTER THOMAS F. LANG T• ~ PETER G. LATHAM ~ ~' s ' " ~ ~~ ROBERT R. MAKEMSON ,i ~~' ~ { O ROBERT A. SAVILL ~ ROBERT P. SUMMERS RICHARD R. SWANN THOMAS R. TEDCASTLE PEON • /~/~I~ , p , 15 1985 MARTIN B. U NGER _ VV, JAMES G. WILLARD OF COUNSEL: CITY. of WINTER SPRINGS PATRICK F. MARONEY ~.~.~y j(~pNpGER DAVID O- LATHAM ~~'-•• EDWARD S. JAPERY PERVIE P. SWANN (1895-1984) Mr. Richard Rozansky City Manager 1126 East State Road 434 Winter Springs, Florida 32708 RE: The Dittmer Property ~~~~~~ .~~6.~~ ~~~4~e~,a~z~i ~.arena~~orl ,a~ REPLY TO: ORLANDO October 11, 1985 FILE IN ORLANDO: SUITE 1100 135 WEST CENTRAL BOULEVARD POST OFFICE BOX 640 ORLANDO. FLORIDA 32802-0 640 (305) 425-3939 IN TALLAHASSEE: SUITE 880 BARN ETT BANK BUILDING 315 SOUTH CALHOUN STREET TALLAHASSEE, FLORIDA 32301 (904) 224-9634 TELEX 33-3627 ~...~/ IN STUART: 200 SEMINOLE STREET POST OFFICE BOX 538 STUART, FLORIDA 33495 (305) 287-8822 G'~ s,. ~,u,,v~ ~tLO~ ~~ ~ e!~dfGl .~~ / • ~~ Dear Dick: This letter will bring you up to date on our progress on the City's directive for us to make the necessary arrangements for the transfer of fifteen feet of perperty owned by Mr. Dittmer and encumbered by an easement by Florida Power to the Rustic Woods Homeowners Association. On September 25, 1985, we talked with Peter Cowell in your office who gave us the detailed facts and suggested we contact Mr. Walt Dittmer. Since a survey of the desired area is necessary prior to proceeding further, we contacted your engineer, Terry Zaudtke, who stated he did not have one but would help us in securing one. We contacted Mr. Dittmer who stated that he would have a survey done and also recommended that we contact Dominic Cavone of Land Cavone. By September 30, 1985, both parties had been contacted by both Terry and myself. Each part assured that they would proceed on securing a survey. At this time, we have not heard from them. I again contacted Mr. Cavone on October 10, 1985, he stated he did not have a specific survey, but would be pleased to help us. r JO~GG'~//I7/~L%~~~.~G~i24Gi"/ ~ Mr. Richard Rozansky October 11, 1985 Page two I recommend that Terry again contact Mr. Cavone and order the survey. Be assured taht we will keep working towards a prompt resolution. Sinc ely, Frank / ~~/ FCK/df backer • ~J 31LVIA MORELL ALDERMAN FREDRICK L. BATEMAN.JR. EDMUND T. BAXA.JR. J EANELLE O• BRONSON PAVL F. •RYAN DWIGHT I.000L CHARLES R. OEORG E, 3a EDWARD [. HADDOCK,JR. MITCHELL B. HAIOLER ROBERT A.HENDERSON ELIZABETH CRO FT-JEWETT ALLAN J• KAT2 CHRISTOPM ER K. KAY FRANK C.KRUPPENBACHER EDWARD L.KUTTER THOMAS F. LANG PETER O. LATNAM F-~ ^ ~ / Y j , ~^An 1 ROBERT R. MAKEMSON _ ` ( ~ ~~ ~. 1r` U ~ O ROBERT A. SAVI LL v 1 ~ ROBERT R SVMMERS ~ RICHARD R. SWANN THOMAS R.TEDCASTLE STEPHEN E.THOMPSON A/y~ , p , 15 1985 MARTIN B. UNDER _ vv, JAMES O. WILLARD OF CoUN9EL: Cl_Tx of WINTER SPRINGS PATRICK F. MARONEY ~p[rpgER DAVID C. LATNAM ~~ EDWARD S. JAPERY PERVIE R SWANN (1396-1984) Mr. Richard Rozansky City Manager 1126 East State Road 434 Winter Springs, Florida 32708 ,,~ir~anr/.ao2a~~~~oc~ ~~_. v ~~ IN ORLANDO: - _ /~ SUITE 1100 ~~ -r~ 136 W[ST CENTRAL BOULEVARD POST OFFICE BOX 640 . .R` ORLANDO. FLORIDA 32902-0640 (309) 426-39!9 REPLY TO: ORLANDO October 11, 1985 IN TALLAHASSEE: SUITE 390 BARN ETT BANK BUILDING 313 SOUTH CALHOUN STREET TALLAHASSEE. FLORIDA 32301 (904) 224-9634 TELEX 33-3927 IN STUART: 200 SEMINOLE STREET POST OFFICE BOX 639 STUART, FLORIDA 33495 (306) 287-8822 Cti s'. ~,u,n~t ~~,0~ ~' J~ RE: The Dittmer Property ~O~(',~~ U ~D Dear Dick: ~~'' U This letter will 'bring you up to date on our progress on the City's directive for us to make the necessary arrangements for the transfer of fifteen feet of perperty owned by Mr. Dittmer and encumbered by an easement by Florida Power to the Rustic Woods Homeowners Association. On September 25, 1985, we talked with Peter Cowell in your office who gave us the detailed facts and suggested we contact Mr. Walt Dittmer. Since a survey of the desired area is necessary prior to proceeding further, we contacted your engineer, Terry Zaudtke, who stated he did not have one but would help us in securing one. We contacted Mr. Dittmer who stated that he would have a survey done and also recommended that we contact Dominic Cavone of Land Cavone. By September 30, 1985, both parties had been contacted by both Terry and myself. Each part assured that they would proceed on securing a survey. At this time, we have not heard from them. I again contacted Mr. Cavone on October 10~ 1985, he stated he did not have a specific survey, but would be pleased to help us. . ~ Mr. Richard Rozansky `October 11, 1985 Page two I recommend that Terry again contact Mr. Cavone and order the survey. Be assured taht we will keep working towards a prompt resolution. Sinc ely, ~~Frank ~ , % ~ ~ FCK/df ppenbacher r R .PJ.u~tz~va~re. ~~~~~a~~,oc~ .'~~e~l~ i(~wnlC.~wul~rorv ~- .~,~,~~~~~w PETER G. HAM ROBERT MAKEMSON JAMES H. Mc CARTY, JR. JOSEPH R. PAN2L ROBERT A. SAVILL DAVID N. SOWER BY ROBERT P. SUMMERS RICHARD R. SWANN THOMAS R.TEDGASTLE STEPHEN E.THOMPSON MARTIN B. LINGER MARK S. WALKER JAMES G. WILLARD JAMES E. ALDERMAN SI LVIA MORELL ALDERMAN FREDERICK L. BATE MAN, JR. EDMUND T. BAXA.JR. DANIEL O. BRADLEY' JEANELLE G.BRONSON PAUL F. BRYAN JAMES A. BURT DWIGHT I. COOL MARGUERITE H. DAVIS CHARLES R. GEORGE III EDWARD E. HADDOC K,JR. MITCHELL B. HAIG LER JANE C. HAYMAN ROBERT A.HENDERSON ELIZABETH CROFT JEW ETT ALLAN J. KATZ CHRISTOPHER K. KAY FRANK C. KRUPPENBACHER EDWARD L. KUTTER THOMAS F LANG SUITE 1100 135 WEST CENTRAL BOULEVARD POST OFFICE BOX 640 ORLANDO, FLORIDA 328 02-0 640 (3061 425-3939 i ~ ~~ SUITE BOO BA RN ETT BANK BUILDING 315 SOUTH CALHOUN STREET TALLAHASSEE, FLORIDA 32301 !9041224.9634 TELEX 33-3627 200 SEMINOLE STREET POST OFFICE BOX 538 SUITE 301 STUART, FLORIDA 33495 III ORANGE AVENUE (305) 287.8622 FT. PIERCE, FLORIDA 33450 (3051 466.9119 REPLY TO:ORLANDO November 1, 1985 •ADNITTED IN OHIO AND GEORGIA ONLY OF COUNSEL: EDWARD S. JAPERY DAVID C. LATHAM PATRICK F MARONEY PERVIE P. SWANN (1695-1984) Mr. Walter Dittmer, Jr. Dittmer Properties, Inc. 1006 Shepard Road Winter Springs, Florida 32708 Re: Dear Mx. Dittmer: Winter Springs/Rustic Woods As you know, we are assisting the City of Winter Springs in the resolution of a desired buffer area between your property in Wildwood and Rustic Woods, more commonly referred to as the Florida Power Right-of-Way. It is my understanding that you have agreed to deed a parcel of 15 feet abutting the property line in question to the Homeowners' Association of Rustic Woods. During our pre- paration, we have noted that the subject property is encumbered. We have prepared partial release forms which should be executed before the conveyance can occur. We .would greatly appreciate your cooperation in having these documents executed. If you have any. questions, please do not hesitate to call me. Sincerely,, ~~ ~~ ~~~ ,,1 Ffanltl C~ • K~4~ippenbacher City ~,t~orney Winter Springs, Florida FCK/deg enclosures cc: Jane C. Hayman ~~ ~~~a f, ti RAMCO FORM ,1 PAR~AL RgL~A6E OF MORTGAGE /• GORPORATIONI ~xrtt~xi ~~ei~~x,~~e ~~ ~art.~~x~~ ~itnD~v ~11 ~l~ttn ~p (~' ~t?SP ~resen#s: WHEREAS, DITTMER PROPERTIES, INC. , a Florida Corporation ,mortgagor , by Indenture of Mortgage bearing date the 2 4th day of June A. D. 19 8 3, snd recorded in the office of the Clerk of the Circuit Court in and for the County of Seminole State of Florida, in Official Records Book 14 6 8 ,page 5 4 7 ,mortgaged unto NATIONAL HOMES CORPORATION, an Indiana Corporation and assigns, mortgagee ,the premises therein particularly described, to secure the payment of the sum of ONE HUNDRED FIFTY-FIVE THOUSAND AND NO/100ths xxx~c~cxxxxxxxxxx8 Dollars, with interest as therein mentioned: AND WHEREAS, the said DITTM,ER PROPERTIES , INC . has requested the said NATIONAL HOMEg CORPORATION to release the premises hereinafter described, being part of said mortgaged premises, from the lien and operation of said Mortgage: NOW THEREFORE; KNOW YE, That the said NATIONAL HOMES CORPORATION as well in consideration of the premises as of the sum of TEN AND NO/100th xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxdollars, to it paid by the said DITTMER PROPERTIES, INC. at the time of the execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quit- claim, exonerate and discharge from the lien and operation of said mortgage unto the said Dittmer Properties, Inc. , its heirs and assigns, all that piece, parcel or trail of land, being a part of the premises conveyed by said mortgage, to-wit: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the same, with the appurtenances, unto the said DITTMER PROPERTIES , INC . , its heirs and assigns forever, freed, exonerated and discharged of and from the lien of said mortgage, and every part thereof; Provided always, nevertheless, that nothing herein contained shall in anywise impair, alter or diminish the effect, lien or incum- brance of the aforesaid Mortgage on the remaining part of said mortgaged premises not hereby released therefrom, or any of the rights and remedies of the holder thereof. IN WITNESS WHEREOF, the said NATIONAL HOMES COFPORATION has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, this day of A. D. 19 8 5 . Signed, sealed and delivered in the presence of: (Corporate Seal) National Homes Corporation ........................................................................................ By .................................................................................................... President. Attested by ................................................................................... f<P II~ ~D1I21f~1 IIf _ ......................................................_..............._..___ ~l ~PrPF7~t f~Prtt#g, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared well known to me to be the President and respectively of the corporation partially releasing the mortgage described in the foregoing instrument, and that they severally_acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corpo- ration and that the seal affixed thereto is the true corporate seal of said corporation. ~ttnPSS my hand and official seal in the County and State last aforesaid this day of ,A. D. 19 "lliil Iirs-rr~r~rcu~ prepare ~ 1 y: A~~dresr Exhibit " A" DESCRIPTION The Easterly 15._00 feet of the 175.00 foot Florida Power Corporation Right~oftWay recorded in WILDWOOD, Plat Book 19, Pages 7, 8, 9 and 10, Public Records Seminole County,. Florida being more particularly described as follows: Begin at the intersection of the Easterly line of said Florida Power Corporation Right-~oftWay and the Southerly line of Wildwood Drive as recorded in said WILDWOOD, thence S 59°06'42" W, 16.05 feet along the Southerly line of said Wildwood Drive; thence leaving said Southerly line run S 10°00'`30" E,. 729.53 feet parallel with and 15.00 feet measured perpendicular to the Easterly line of said Florida Power Cornoration Right~of~n7a_y to the Southerly line of said WILDWOOD; thence N 83°08''22" E{ 15.02 feet along the Southerly line of said WILDWOOD to the Easterly line of said Florida Power Corporation Right--ofdnTayf thence N 10°00''30"-. W, 736.08 feet along said Easterly line to the Point of Beginning. Also, begin at the intersection of the Easterly line o.f_ said Florida Power Corporation Right-of-Way and the Northerly line of said Wild- wood Drive; thence N 10°00''30" W, 543..03 feet along said Easterly line; thence N b3°57''34" W, 365.5G feet along the Northeasterly line of said Florida Power Corporation Right-of-Way to the Westerly line of said WILDWOOD: thence S 26°02''26" W, 15.00 feet along said Westerly line; thence leaving said Westerly line run S 63°57''34" E, 357.,86 feet parallel with and 15.00 feet measured perpendicular to the Northeasterly line of said Florida Power Corporation Right-of-t~tiay; thence S10°00'30" E, 541.11 feet parallel with and 15.00 feet measured perpendicular to the Easterly-line of said Florida Power Corporation Right-of Way to the Northerly line of said Wildwood Drive; then N59°06'42" E, 16.05 feet along said Northerly line to the Point of Beginning. CERTIFICATE NUMBER: 5-85-6434 PAR~lAL RE~L,EAfE OF MORTGAGE RAMCO FORM 41 ur coa~oaAnoN~ ~xr~t~xl ~-~l~e~t~~e ~~ ~rt~~~ ~~~ ~u ~~En ~~ ~~~~~~ ~x~~trnt~: WHEREAS, DITTMER PROPERTIES, INC. , a Florida Corporation ,mortgagor , by Indenture of Mortgage bearing date the 24th day of June , A.D. 1983 , and recorded in the office of the Clerk of the Circuit Court in and for the County of Seminole , State of Florida, in Ctfficia) Records Book 14 6 8 ,page 5 4 2 ,mortgaged unto FREEDOM SAVINGS AND LOAN ASSOCIATION, a Florida Corporation, and assigns, mortgagee ,the premises therein particularly described, to secure the payment of the sum of THREE HUNDRED THOUSAND AND NO/100ths Dollars, with interest as therein mentioned: AND WHEREAS, the said DITTMER PROPERTIES,. INC. has requested the said FREEDOM SAVINGS AND LOAN ASSOCIATION to release the premises hereinafter described, being part of said mortgaged premises, from the lien and operation of said Mortgage: NOW THEREFORE; KNOW YE, That the said FREEDOM SAVINGS AND LOAN ASSOCIATION as well in consideration of the premises as of the sum of TE,N ANA NOd/100ths xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx dollars, to it paid by thhe said DITTMER PROPERTIES, INC. at the time of the execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quit- daim, exonerate and discharge from the lien and operation of said mortgage unto the said DITTMER PROPERTIES, INC. , its heirs and assigns, all that piece, parcel or tract of land, being a part of the premises conveyed by said mortgage, to-wit: SEE ATTACHED. EXHIBIT "A" TO HAVE AND TO HOLD the same, with the appurtenances, unto the said DITTMER PROPERTIES, INC. , its heirs and assigns forever, freed, exonerated and discharged of and from the lien of said mortgage, and every part thereof; Provided always, nevertheless, that nothing herein contained shall in anywise impair, alter or diminish the effect, lien or incum- brance of the aforesaid Mortgage on the remaining part of said mortgaged premises not hereby released therefrom, or any of the rights and remedies of the holder thereof. IN WITNESS WHEREOF, the said FREEDOM SAVINGS AND LOAN ASSOCIATION has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, this day of A. D. 19 Signed, sealed and delivered in the presence of: Freedom Savings and (Corporate Seal) Loan Association .................................................. BY ~#a#e of f~,oun#g of Attested by ..................................................................... President. X31 ~$rrehg ff+er#ifp, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared well known to me to be the President and respectively of the corporation partially releasing the mortgage described in the foregoing instrument, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corpo- ration and that the seal affixed thereto is the true corporate leaf of said corporation. ~i#nPSS my hand and official seal in the County and State last aforesaid this day of ,A. D. 19 "Tlr~~ Lrslrimre~t~ prcpnred hy: A~~dr~ss Exhibit °A" DESCRIPTION The Easterly 15..00 feet of the 175.00 foot Florida Power Corporation Rght~of~Way recorded in WILD~900D, Plat Book 19, Pages 7, 8, 9 and 10~ Public Records Seminole County,, Florida being more particularly described as follows: Begin at the intersection of the Easterly line of said Florida Power Corporation Right-rof-Way and the Southerly line of T4ildwood Drive as recorded in said WILDWOOD, thence S 59°06'42" W, 16.05 feet along the Southerly line of said Wildwood Drive; thence leaving said Southerly line run S 10°00'30" E,. 729.53 feet parallel with and 15.00 feet measured perpendicular to the Easterly line of said Florida Power Corporation Right~of~lay to the Southerly line of said WILDWOOD; thence N 83°08''22" E, 15.02 feet along the Southerly line of said WILDWOOD to the Easterly line of said Florida Power Corporation Right-of-~nTayT thence N 10°00'30"~. W, 736.08 feet along said Easterly line to the Point of Beginning. Also, begin at the intersection of the Easterly line o.f said Florida Power Corporation Right-of-Way and the Northerly line of said Wild- wood Drive; thence N 10°00''30" W, 543.03 feet along said Easterly line; thence N 63°57'34" W, 365.50 feet along the Northeasterly line of said Florida Power Corporation Right-of-Way to the Westerly line of said WILDWOODt thence S 26°02''26" W, 15.00 feet along said Westerly line; thence leaving said Westerly line run S 63°57'34"~ E, 357.86 feet parallel with and 15.00 feet measured perpendicular to the Northeasterly line of said Florida Power Corporation Right~f-ZtiTay; thence S10°00'30" E, 541.11 feet parallel with and 15.00 feet measured perpendicular to the Easterly line of said Florida Power Corporation Right-of-Way to the Northerly line of said Wildwood Drive; then N59°06'42" E, 16.05 feet along said Northerly line to the Point of Beginning. CERTIFICATE NUMBER: S-85-6434