HomeMy WebLinkAboutOrdinance 238 Maronda Homes Inc.
ORDINANCE NO. 238
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AUTHORIZING THE CONVEYANCE OF CERTAIN PROPERTY BELONG-
ING TO THE CITY OF WINTER SPRINGS TO MARONDA HOMES, INC.,
IN EXCHANGE FOR CERTAIN PROPERTY TO BE CONVEYED BY FLORIDA
LAND COMPANY TO THE CITY OF WINTER SPRINGS; PROVIDING FOR
THE CONDITIONS OF SUCH EXCHANGE AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, Maronda Homes, Inc. and Florida Land Company have sought
and obtained the approval of the City Council of the City of Winter Springs,
Florida, to exchange certain property of approximate equal value; and
WHEREAS, this exchange is necessitated by the fact that a sur-
veying error has led to the construction of a home partially on City-owned
property and no reasonable purpose would be served by causing said construction
to be removed from City-owned property; and
WHEREAS, the property to be received by the City is of equal size,
value, and usefulness as that property to be conveyed by the City; and
WHEREAS, all parties warrant that they have good and unencumbered
title to the properties to be exchanged and that such exchange is in the best
interest of the residents of Winter Springs, Florida; and
WHEREAS, Maronda Homes, Inc., and Florida Land Company have assured
the City that they will assume the burden of any and all costs associated with
this exchange of properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER
SPRINGS, FLORIDA, HEREBY ORDAINS:
conveyed to Maronda Homes, Inc., by the City of Winter Springs, Florida,
SECTION I - That certain property described herein below shall
quit-claim deed:
Begin at the Southwest corner of Lot 37, Block "H", Foxmoor
Unit 3, as recorded in Plat Book 23, Pages 20 and 2l, Public
Records of Seminole County, Florida; thence run N.73 50'00" W.
11.96 feet .long the Northerly right-of-way line of Panama
Circle; thence leaving said right-of-way line run N.16 10'00"
E. 110.00 feet; thence S.73 50'00"5. 11.96 feet to the Northwest
corner of said Lot 37; thence S.16 10'00'' W. along the Westerly
line of said Lot 37 a distance of 110.00 feet to the point of
beginning, containing 0.0302 acres more or less.
The afore-mentioned quit-claim deed shall be recorded among the
public records of Seminole County, Florida, immediately upon the effectivity
of this ordinance.
OFFICIAL RECORDS
BOOK 1335 PAGE 0454
SEMINOLE CO. FL.
005530
May 7 9 48 AM '81
RECORDED AND VERIFIED
SECTION II - The property above-described shall be subject to a
utility easement 110 feet along and 5 feet within its western boundary unless
Maronda Homes, Inc., has demonstrated prior to the adoption of this ordinance
that all involved utilities have waived and relinquished their right to the 5
foot utility easement now platted along the 110 foot western boundary of Lot 37,
Block H, Foxmoor Unit 3, as recorded in Plat Book 23, Pages 20 and 21, Public
Records of Seminole County.
SECTION III - That certain property described hereinbelow has
been conveyed to the City of Winter Springs, Florida, by Florida Land Company
by quit-claim deed duly executed by the appropriate officer of Florida Land
Company:
From the Southwest corner of Lot 37, Block "H", Foxmoor Unit 3,
as recorded in Plat Book 23, Pages 20 and 21, Public Records of
Seminole County, Florida; run N.73 50'00"W. along the Northerly
right-of-way line of Panama Circle 15.00 feet to the boundary
line of said Foxmoor Unit 3 and the point of beginning; thence
run S.16 10'00" W. along said boundary line 60.00 feet to the
Southerly right-of-way line of Panama Circle; thence N.73 50'00"
W. on a Westerly prolongation of said Southerly right-of-way
line 11.96 feet; thence N.16 10'00" E. 170.00 feet; thence N.
33 16'42"E. 39.32 feet to said boundary line; thence S.16 00'54"
W. along said boundary line 147.58 feet to the point of beginning,
containing 0.0513 acres more or less. Being a portion of Lot 115,
Block "D", D.R. Mitchell's Survey of the Moses E. Levy Grant, as
recorded in Plat Book 1, Page 5, Public Records of Seminole County,
Florida.
The above-described property is acceptable to the City as fair and
equitable compensation for that property to be conveyed by the City in accord-
ance with Section I above.
The above-described quit-claim deed shall be recorded among the
public records of Seminole County, Florida, immediately upon the effectivity
of this ordinance.
SECTION IV - Prior to the final passage and adoption of this
ordinance, the property conveyed to the City by virtue of Section III above
shall be inspected by the City and adjudged to be in satisfactory and usable
condition for purposes of vehicular access to the platted drainage right-of-
way in Foxmoor 3, for which purposes the City-owned property conveyed in
Section I was intended.
SECTION V - The City Attorney has examined the quit-claim deeds
described hereinabove and has advised the City that they are adequately and
properly drawn.
SECTION VI - Florida Land Company shall be responsible for the
taxes on that property conveyed by Florida Land Company to the City for the
period of time that property was owned by Florida Land Company during the
current taxable year.
OFFICIAL RECORDS
BOOK 1335 PAGE 0455
SEMINOLE CO. FL.
SECTION VII - This Ordinance is only intended to effectuate a
transfer of the aforedescribed property, and is not intended to modify,
rescind or otherwise affect any other actions taken by this Council.
SECTION VIII - Florida Land Company is to assume the burden of
all expenses incurred in effectuating this exchange.
SECTION IX - The Official Map of the City of Winter Springs,
Florida, and such other documents reflecting the ownership of property shall
be amended to reflect this exchange.
SECTION X - If any section or portion of this Ordinance proves to
be invalid, unlawful or unconstitutional, it shall not be held to invalidate
or impair the validity, force or effect of any other section or portion of a
section or sub-section or part of this Ordinance.
SECTION XI - That all Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
SECTION XII - This Ordinance shall take effect bmnediately upon
its final passage and adoption.
PASSED and ADOPTED this 28th day of April, 1981.
CITY OF WINTER SPRINGS, FLORIDA
By: Troy J. Piland, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
FIRST READING 3/24/81
SECOND READING 4/28/81
OFFICIAL RECORDS
BOOK 1335 PAGE 0456
SEMINOLE CO FL
THIS INSTRUMENT WAS PREPARED BY: THE CITY OF WINTER SPRINGS
400 N. EDGEMON AVE.
WINTER SPRINGS, FL 32708
THIS ORDINANCE WAS POSTED
25 DAY OF MAY, 1981.
MARY T. NORTON
SIGNED
CITY CLERK