HomeMy WebLinkAboutOrdinance 2014-08 Reconveyance of Land to Wayne Reece ORDINANCE NO. 2014-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PURSUANT TO
SECTION 4.14(6) OF THE CITY CHARTER,
AUTHORIZING THE CITY MANAGER TO RECONVEY
REAL PROPERTY OBTAINED BY THE CITY OF WINTER
SPRINGS BY DONATION FOR PARK PURPOSES
PURSUANT TO A BINDING DEVELOPMENT
AGREEMENT WITH WAYNE P. REECE RECORDED IN
THE OFFICIAL RECORD BOOKS 4533, PAGE 1817;
DECLARING THAT THE CITY OF WINTER SPRINGS NO
LONGER HAS A PUBLIC PURPOSE INTEREST IN SAID
REAL PROPERTY AND THAT IT IS IN THE BEST
INTERESTS OF THE CITY TO RECONVEY THE REAL
PROPERTY BACK TO THE ORIGINAL OWNER (WAYNE
P. REECE); PROVIDING FOR SEVERABILITY, THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES,
INCORPORATION INTO THE CODE, AND AN
EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 4.14(6) of the City Charter requires the City Commission to
authorize the conveyance of land by Ordinance; and
WHEREAS, on August 1, 2002, the City entered into a Binding Development Agreement
with Wayne P. Reece (Seminole County Official Record Book 4522, Page 1817) for the
commercial/industrial redevelopment of real property; and
WHEREAS, in accordance with section 7 of the Agreement, Wayne P. Reece agreed to
donate and convey Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 to the City
for use and maintenance as a park ("Property"); and
WHEREAS, the Property was conveyed to the City by warranty deed recorded in the
Official Records of Seminole County, Florida at Book 4641, Page 1570; and
WHEREAS, the City Commission finds that that the City no longer has an interest in the
Property for use and maintenance as a park as originally intended; and
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WHEREAS,by letter to the City's Community Development Director, dated February 10,
2014, Wayne P. Reece indicated that he would be willing to take the Property back from the City if
the City no longer has an interest in keeping it; and
WHEREAS, because the Property was donated to the City and the original owner has
expressed an interest in taking back title to the Property, the City Commission hereby deems it in
the best interests of the City to re-convey the Property back to the original owner rather than
soliciting competitive bids for the Property; as such,the competitive bid process is hereby waived;
and
WHEREAS,the City Commission of the City of Winter Springs, finds that this Ordinance
is in the best interests of the public health, safety and welfare of the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Conveyance of Real Property. The City Commission of the City of
Winter Springs hereby authorizes the City Manager to re-convey the following property to Wayne
P. Reece:
Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10
("Property")
Section 3. Instructions. The City Attorney is hereby authorized to prepare and file
the necessary legal instruments to convey the Property to Wayne P. Reece within sixty(60)days of
the effective date of this Ordinance. The City will pay the recording fees for the deed. Any other
closing costs (if any) will be paid by Wayne P. Reece unless otherwise approved by the City
Manager. The City Manager and Mayor are hereby authorized to sign said instruments on behalf
of the City in accordance with the advice of the City Attorney.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
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validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida,and pursuant to City
Charter. In the event, the conveyance of the Property does not occur within sixty(60) days of the
effective date of this Ordinance, this Ordinance shall be deemed repealed at such time the City
Commission is advised of such determination at a public meeting.
ADOPTED by the City Commission of the City of Winter Springs. Florida, in a regular
meeting assembled on the 10th day of March, 2014. .
Vii. , , ._ _
CH. RL S LAC , ' ■ eyor
ATT D T:
i
LAND t.'•1 ORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
/4....,.... ..._
ANTHONY A. GARGANESE, City Attorney
First Reading: February 24, 2014
Second Reading: February 27, 2014
Effective Date: March 10, 2014
City of Winter Springs
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