HomeMy WebLinkAboutItem 04 Approval of Special Warranty Deed to the City of 10-Foot Right-of-Way at 701 Pine Street ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 15, 2020
Item #: LA
Reviewed By: 74
Contact Name: Kiel Gajadhar, Zoning Manager Department Director: Michae e
Contact Number: 407-554-7079 City Manager: Rob
Subject: Acceptance of deed to the City of 10-foot right-of-way at 701 Pine Street
(Parcel 18-22-28-0000-00-005).
Background Summary:
On August 20, 2020, the property owner of 701 Pine Street requested a lot split to create three (3) new
lots from the original lot. The parcel is approximately six (6) acres in size and consists of three (3).single-
family homes constructed between 1942 and 1970. The request would allow each of the single-family
homes to exist on their own lot and still be well over the size requirements for its Single-Family Dwelling.
(R-1A) zoning district. Per the City of Ocoee Land Development Code (LDC), new lots must have
frontage on a standard width road (50 feet) as a condition for the lot split. Since these lots would not
meet this standard throughout, the owner has decided to dedicate a ten-foot portion of property running
along the parcel's west boundary as right-of-way. The dedication would ensure that the new lots will
meet the frontage requirements per the LDC. Historically the.City has maintained this portion of Pine
Street.
Issue:
Should the Honorable Mayor and City Commission approve acceptance of the 10-foot right-of-way
running along the west boundary of parcel 18-22-28-0000-00-005, located at 701 Pine Street, by deed,
and authorize the Mayor to execute all documents necessary to complete the closing on the right-of-
way?
Staff Recommendations:
Staff recommends that the Honorable Mayor and City Commission approve acceptance of the 10-foot
right-of-way running along the west boundary of parcel 18-22-28-0000-00-005, located at 701 Pine
Street, by deed, and authorize the Mayor to execute all documents necessary to complete the closing
on the right-of-way.
Attachments:
Deed
Financial Impact:
None. The City currently maintains this right-of-way.
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Type of Item: (please mark with an "x")
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading o Consent Agenda
❑ Ordinance Second Reading ❑ Public Hearing
❑ Resolution 0 Regular Agenda
ACommission Approval
❑ Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
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THIS INSTRUMENT PREPARED BY:
AFTER RECORDING RETURN TO:
Document Prepared by and Return to
Dana Crosby-Collier
Shuffield, Lowman&Wilson, P.A.
1000 Legion Place,Suite 1700
Orlando, Florida 32801
Parcel: 18-22-28-0000-00-107
For Recordin Pur oses Onl
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this day of September, 2020, by
JUAN M. TORRES and MARIA TORRES, husband and wife, whose address is 1920 Adair
Street, Ocoee, Florida 34761 (hereinafter referred to as the "Grantors"), to and in favor of the
CITY OF OCOEE, a municipal corporation established under the laws of the state of Florida,
whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter called the
"Grantee").
(Wherever used herein the terms "Grantors" and"Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations, partnerships [including joint ventures], public
bodies and quasi-public bodies.)
WITNESSETH:
That Grantors, for and in consideration of the sum of $10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Orange
County, Florida, viz:
SEE EXHIBIT "A", attached hereto.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
THIS PROPERTY IS NOT THE HOMESTEAD OF THE GRANTORS AND
NEITHER THE GRANTOR NOR GRANTOR'S SPOUSE, NOR ANYONE FOR WHOM
SUPPORT OF THE GRANTORS IS RESPONSIBLE RESIDES ON OR ADJACENT TO
SAID LAND.
The Grantors hereby covenant with the Grantee that Grantors are lawfully seized of the
Property in fee simple; that the Grantors have good, right and lawful authority to sell and convey
the Property; that Grantors hereby warrant the title to the Property and will defend the same
against the lawful claims of all persons claiming by, through or under Grantors; and that the
Property is free and clear of all encumbrances except taxes accruing subsequent to December 31,
2019 and zoning and other use restrictions, conditions or requirements now or hereafter imposed
by governmental authorities.
IN WITNESS WHEREOF, the Grantors have caused this instrument to be executed in
its name the day and year first above written.
GRANTOR:
Signed, sealed and delivered
in the presence of:
Witness:
Print Name: JUAN M.TORRES
Witness:
Print Name:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by means of❑ physical presence
or ❑ online notarization, this day of , 2020, by JUAN M. TORRES. He [ ]
is personally known to me or [ ] has provided _
as identification.
NOTARY PUBLIC
Print Name:
{NOTARY SEAL) My commission expires:
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GRANTOR:
Signed, sealed and delivered
in the presence of:
Witness:
Print Name: MARIA TORRES
Witness:
Print Name:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by means of❑ physical presence
or ❑ online notarization, this day of , 2020, by MARIA TORRES. She [ ]
is personally known to me or [ ] has provided
as identification.
NOTARY PUBLIC
Print Name:
{NOTARY SEAL) My commission expires:
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Exhibit"A"
A PORTION OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 18, THENCE RUN SOUTH 00°36'O1" EAST, ALONG
THE EAST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, 323.08 FEET;
THENCE DEPARTING SAID EAST LINE, RUN SOUTH 88°40'05" WEST, 1270.63 FEET,
TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF PINE STREET WHICH SHALL
SERVE AS THE POINT OF BEGINNING.
THENCE RUN ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH 00°28'48" EAST,
531.08 FEET; THENCE RUN SOUTH 88°26'50" WEST, 10.00 FEET; THENCE RUN NORTH
00°28'48" WEST 531.12 FEET; THENCE RUN NORTH 88°40'05" EAST TO THE POINT OF
BEGINNING.
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