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Home My WebLink About2002 05 13 Public Hearings F First Reading - Ordinance 2002-19 Parkstone Community Association COMMISSION AGENDA ITEM F Consent Information Public Hearin Re ular xx May 13.2002 Meeting Mgr.~ IDept./IJ!CA " REQUEST: City Manager presents to the City Commission, the First 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 First 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. CONSIDERA TIONS: 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. . During the annual review of City parcels with the Property Appraiser, staff noted ownership of this parcel and questioned the property appraiser's office. They provided a copy of the warranty deed and Centex was advised of the mistake. Staff has recommended the final acceptance of Phase IV be withheld until this issue is resolved. 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. Public Hearing Agenda Item F May 13,2002 Page 2 --, 1\1 ,("""'\' "., l \ ,. ~""i.!r)3~':i1't'\,;\-"':!'~'--~'-~:; 'i~" \ 1\ \ \, .--- ,-- ":,'\ b~ r.) -- '<S~~"~"'i\!!r;5rl"~~",1~\!t. ~,.~ ~,:.,. 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".-.~r.,'T -.'1' j~~~~,t.:t-~~':I'':; .c..-' ., ,'-,0.'":' DC_l:." ~\'i'J:'~"'t'~ ~ ------ .' ..\.,......J,~~ - "'~. . _~....---- 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: 2 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, INC. THE REAL PROPERTY DESCRIBED AS TRACT H, P ARKSTONE UNIT 2, LOCATED WITHIN THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA AND LEGALLY AND MORE GENERALLY DESCRIBED IN EXHIBIT "A" HERETO; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, on August 18, 209l: 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 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: City of Winter Springs Ordinance No. 2002-19 Page 1 of 3 .. 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 dedared 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: Paul P. Partyka, Mayor Andrea Lorenzo-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 Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2002-19 Page 3 of 3 EXHIBIT "A" Prepared by and Return to: Anthony A. Garganese, Esquire 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 May, 2002, in consideration of the sum ofTEN AND NOIlOO 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: 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, 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: BY: PRINT NAME: PAUL P. PARTYKA, Mayor PRINT 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 May, 2002. NOTARY PUBLIC