HomeMy WebLinkAboutItem #06 Approval for Execution of Corrective Quit-Claim Deeds for Two Parcels Previously Dedicated to Orange County
center of GOOd LI
,\"v;:.e .. ... ~~
~
AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
David A. Wheeler, P.E.
407-905-3100, Ext. 1505
Meeting Date: December 16, 2008
Item # l.o
Reviewed By: ~ ~
Department Director: - ) f/ ..
City Manager: __ _ _
Subject: Execution of Corrective Quit-Claim Deeds of Two Parcels Previously Dedicated to
Orange County for the Widening of Clarcona-Ocoee Road east of Clarke Road
Background Summary:
At the City Commission meeting on July 17, 2007, the City dedicated these two parcels to Orange County for
the widening of Clarcona-Ocoee Road east of Clarke Road. It was discovered that the legal descriptions of the
both parcels were incorrect. The errors were not discovered until the fall of 2008, by the County staff when they
were doing the final review before advertising for construction of their road widening project. The County
requested a corrective action to cleanup the errors on the original dedications.
The two parcels of land were dedicated to Orange County to facilitate the widening of Clarcona-Ocoee Road
east of Clarke Road. The two parcels were obtained as a portion of lands deeded to the City from Cambridge
Development as part of the Orchard Park development and By Center lake Properties, l TD as part of the Oak
Trail Reserve development. The parcel from Cambridge Development included additional right-of-way on
Clarke Road at Clarcona-Ocoee Road, which is Ocoee right-of-way. The parcel from Center lake Properties,
l TD had a minimal distance error on one side of the parcel.
These two parcels were dedicated to the County for the widening of Clarcona-Ocoee Road from Hiawassee
Road to east of Clarke Road in exchange for Orange County advancing the widening of West road from SR 429
to Ocoee-Apopka Road. The eastern portion of Clarcona-Ocoee Road is proposed to be advertised for
construction early next year with a projected completion date of mid 2011.
Issue:
The execution of Corrective Quit-Claim Deeds for the two parcels previously dedicated to Orange County on
July 17, 2007.
Recommendations
The Engineering Department requests that the Mayor and City Commission authorize the Mayor and City Clerk
to execute the Corrective Quit-Claim Deeds for the two parcels previously dedicated to Orange County
Attachments:
Corrective Quit-Claim Deed for the Orchard Park Parcel
Corrective Quit-Claim Deed for the Oak Trail Reserve Parcel
Financial Impact:
There is no financial impact to the City.
Type of Item: (please mark with an 'X"
Public Hearing
== Ordinance First Reading
_ Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_ Consent Agenda
Public Hearing
_ Regular Agenda
_ 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 0
N/A
N/A
N/A
2
THIS DOCUMENT PREPARED BY AND
SHOULD BE RETURNED TO:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
(Orchard Park)
For Recordin P
CORRECTIVE QUIT-CLAIM DEED
THIS CORRECTIVE QUIT-CLAIM DEED, made and executed this _ day of
, 2008, by the CITY OF OCOEE, a Florida municipal corporation, whose
address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as
"Grantor"), in favor of ORANGE COUNTY, a charter county and political subdivision of the
State of Florida, whose address is P.O. Box 1393, Orlando, Florida 32802-1393 (hereinafter
referred to as "Grantee").
(wherever used herein, the terms "Grantor" and "Grantee" shall 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 Grantor, for and in consideration of the sum of TEN and NO/lOO DOLLARS
($10.00) and other valuable considerations, the receipt whereof is hereby acknowledged, does
hereby donate, remise, release and quit-claim unto Grantee forever for right of way purposes, all
the right, title, interest, claim and demand which Grantor has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Orange, State of Florida, to
wit:
See Exhibit" A" attached hereto and by this reference made a part
hereof (the "Property").
TO HAVE AND TO 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 Grantor, either in law or equity, to the only proper use, benefit and
behoof of Grantee forever, provided, however, that Grantor hereby reserves unto itself and its
assigns the right to connect the northerly extension of Clarke Road to Clarcona-Ocoee Road over
and across the Property.
TillS CORRECTIVE QUIT-CLAIM DEED IS BEING RECORDED TO CORRECT A SCRIVENER'S ERROR
CONTAINED IN THE LEGAL DESCRIPTION IN THAT CERTAIN QUIT-CLAIM DEED RECORDED
SEPTEMBER 4, 2007 IN OFFICIAL RECORDS BOOK 9421, PAGE 0020, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
ORLA_1110118.1
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and
year first above written.
GRANTOR:
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
[SEAL]
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE; APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF ,2008.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 2008
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer dilly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the
Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation,
and that they severally acknOWledged executing the same on behalf of said municipality in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in them
by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2008.
Signature of Notary
Print Name (if not legible on seal):
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
2
ORLA_1110118.1
EXHmIT "A"
(The "Property")
{See attached sheets 7
3
ORLA_1110118.1
SCHEDULE "A"
PARCEL 1212
Estate, Fee Simple
Purpose: Rood Right-of-Way
DESCRIPTION:
A portion of the Tract "A", as described in Official Records Book 6195, Pages 48.34 through 48.37,
Public Records of Orange County, Florida, lying in the Northeast 1/4 of Section 4, Township 22 South,
Range 28 East, being more particularly described as follows:
Commence at the Northeast corner of the Northeast 1 /4 of said Section 4; thence, along the North
line of said Northeast 1/4, South 89'58'10" West, a distance of 1,.324.4.3 feet to the East line of the
Northwest 1/4 of the Northeast 1/4 of said Section 4; thence, along said East line, South 00'50'46"
West a distance of 0.89 feet to the Northeast corner of Orchard Park as recorded in Plat Book 46,
Pages 76 and 77, Public Records of Orange County, Florida; thence, along the Northerly line of said
plat, South 69'19'42" West a distance of 154..39 feet to the POINT OF BEGINNING and the beginning of
a non-tangent curve concave Southeasterly having a radius of 4,861.26 feet, a central angle of
10"48'01", and a chord bearing of South 58"24'28" West; thence, along the arc of said curve and
continuing along said Northerly line and the extension thereof, 916..35 feet to a point on the Northerly
line of said Tract "A", said point also being on a non-tangent curve concave Northwesterly having a
radius of 1,.327.62 feet, a central angle of 01'48'56", and a chord bearing of North 41'.34'12" East;
thence, along the Northerly line of said Tract "K' the following four (4) courses and distances, one (1)
along the arc of said curve 42.07 feet to a point of tangency; two (2) North 40'.39'4.3" East a
distance of 18.3.17 feet to a point of curvature of a curve concave Southeasterly having a radius of
537.48 feet, a central angle of 28".39'59", and a chord bearing of North 54'59'43" East; three (.3)
along the arc of said curve 268.91 feet to a point of tangency; four (4) North 69'19'42" East, a
distance of 442.6.3 feet to the POINT OF BEGINNING.
Containing .35,441 square feet. (0.81 Acres).
SURVEYORS NOTES
1. BEARINGS SHOWN HEREON ARE BASED ON ORANGE COUNlY GEODETIC INFORMATION SYSTEM TRAVERSE BETWEEN G.I.S. POINT
;;0104 TO G.I.S. POINT ;;0105, AS BEING N88"49 '49" E.
2. I HEREBY CERTIFY THAT THE "SKETCH OF DESCRIPTION" OF THE ABOVE DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY DRAWN UNDER MY DIRECTION AND THAT IT MEETS THE TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO SECTION 61G17-6 OF THE FLORIDA STATUTES.
Revised:
SHEET 1 OF 2
cmNO~
SOUTHEASTERN SURVEYING &: YAPPING CORP.
324 North Orlando Avenue
Maitland. Florida 32751-4702
(407 647-8898 fax(407)647-1667
email: nfo.8oUU~t.e rveying om
GAR B. KRICK
REGISTERED LAND SURVEYOR NO. 4245
RIGHT OF WAY PARCEL SKETCH
CLARCONA-OCOEE ROAD
FOR
Date:
June 26, 2003 CBvG
Job No.:
45422158
Scale:
N.T.S.
CH. 61 G 17 - 6, Florida Administrative
Code requires that a legal description
drawing bear the notation that
THIS IS NOT A SURVEY.
I
POS I
I
.---1
b~
IZ'"
.1
ap~'"
'-'"
_I
I ~ ":
Zo
I LJ~
I Z .
::;,z
I W-
I
I
I
I
I
I
I
I
I
I
I
I
I
---------~:----
SKETCH OF DESCRIPTION
PARCEL 1212
I
I
wi
~IPOC
_\ NE COR.. NE 1/4
15 SEC. 4-22-28
1Il1
DETAIL
N.T.S.
SECTION 4,
TOWNSHIP 22 SOUTH,
RANGE 28 EAST
N4UJ9'4.3"E
183.17'
ORCHARD PARK
P.S. 46, PGS. 76 & 77
ABBREVIATIONS:
P .B. = PLAT BOOK
O.R.B.=: OFFICIAL RECORDS BOOK
N NORTH
S SOUTH
E EAST
W WEST
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
IR BASELINE
~ PROPERTY LINE
R/W = RIGHT OF WAY
L LENGTH OF CURVE
R RADIUS
A CENTRAL ANGLE
CB CHORD BEARING
N.T.S.= NOT TO SCALE
L.A. R/W = LIMITED ACCCESS RIGHT OF WAY
PT POINT OF TANGENCY
PC POINT OF CURVATURE
NT = NON-TANGENT
I
I
Ipoc
INE COR.. NE 1/4
I SEC. 4-22-28
I
I
I
~
N.T.S.
SOUTHEASTERN SURVEYING" MAPPING CORP.
324 North Orlando Avenue
Maitland. Florida 327~1-4702
(407)647-8898 fax(407)647-1667
email: info.soulheasternsurvein.com
REV. 6/26/03 Revised Parcel 1212 CBvG
REV. 3/2002 Revised Notes CBvG
REV. 2/26/02 Revised Point of Commencement CBvG
REV. 2/08/07 Revised Description REJ
Drawing No. PAR1212 45422158
SEE SHEETS 15. 16 & 28 ON RIGHT OF WAY MAPS
Job No. 45422 CLARCONA-OCOEE ROAD
Date: June 26, 2003 CBvG
Sheet 2 of 2
See Sheet 1 for Legal Description
(Oak Trail)
TIDS DOCUMENT PREPARED BY AND
SHOULD BE RETURNED TO:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
CORRECTIVE QUIT-CLAIM DEED
THIS CORRECTIVE QUIT -CLAIM DEED, made and executed this _ day of
, 2008, by the CITY OF OCOEE, a Florida municipal corporation, whose
address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as
"Grantor"), in favor of ORANGE COUNTY, a charter county and political subdivision of the
State of Florida, whose address is P.O. Box 1393, Orlando, Florida 32802-1393 (hereinafter
referred to as "Grantee").
(wherever used herein, the terms "Grantor" and "Grantee" shall 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 Grantor, for and in consideration of the sum of TEN and NO/lOO DOLLARS
($10.00) and other valuable considerations, the receipt whereof is hereby acknowledged, does
hereby donate, remise, release and quit-claim unto Grantee forever for right of way purposes, all
the right, title, interest, claim and demand which Grantor has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Orange, State of Florida, to
wit:
See Exhibit" A" attached hereto and by this reference made a part
hereof (the "Property").
TO HAVE AND TO 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 Grantor, either in law or equity, to the only proper use, benefit and
behoof of Grantee forever, provided, however, that Grantor hereby reserves unto itself and its
assigns the right to connect the northerly extension of Clarke Road to Clarcona-Ocoee Road over
and across the Property.
TillS CORRECTIVE QUIT-CLAIM DEED IS BEING RECORDED TO CORRECT A SCRIVENER'S ERROR
CONTAINED IN THE LEGAL DESCRIPTION IN THAT CERTAIN QUIT-CLAIM DEED RECORDED
SEPTEMBER 4, 2007 IN OFFICIAL RECORDS BOOK 9421, PAGE 0017, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
ORLA_1110098.1
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and
year first above written.
GRANTOR:
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
[SEAL]
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE; APPROVED
AS TO FORM AND LEGALITY THIS
_DAY OF ,2008.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 2008
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the
Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation,
and that they severally acknowledged executing the same on behalf of said municipality in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in them
by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2008.
Signature of Notary
Print Name (if not legible on seal):
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
2
ORLA_1110098.1
EXHmIT "A"
(The "Property")
(See attached sheets 7
3
ORLA_1110098.1
SCHEDULE "A"
PARCEL 1092
Estate, Fee Simple
Purpose: Road Right-of-Way
A portion of the Northwest 1 /4 of the Northeast 1/4 of Section 4, Township 22 South, Range 28
East, Orange County, Florida, being more particularly described as follows:
Commence at the Northwest corner of the Northeast 1/4 of said Section 4; thence run South
01'29'52" West along the West line of the Northeast 1 /4 of said Section 4, a distance of 593.30
feet to the POINT OF BEGINNING, said point also being the beginning of a non-tangent curve
concave to the Northwest having a radius of 2,490.00 feet and a chord of 220.60 feet that
bears North 58'28'42" East; thence Northeasterly along the arc of said curve, a distance of
220.66 feet; thence North 55'56'23" East, a distance of 369.41 feet to the point on the arc of a
non-tangent curve concave to the Northwest having a radius of 1,612.22 feet, a central angle of
23'58'2/' and a chord of 669.69 feet that bears South 47"57'44" West; thence Southwesterly
along the arc of said curve, 674.60 feet; thence North 01'29'52" East. a distance of 126.26 feet
to the POINT OF BEGINNING.
Containing 44,214 square feet, 1.015 acres.
1. BEARINGS SHOWN HEREON ARE BASED ON ORANGE COUNTY GEODETIC INFORMATION SYSTEM TRAVERSE BETWEEN G.I.S. POINT
{lOl04 TO G.I.S. POINT 110105, AS BEING N88'49'49"E.
2. I HEREBY CERTIFY THAT THE "SKETCH OF DESCRIPTION" OF THE ABOVE DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY DRAWN UNDER MY DIRECTION AND THAT IT MEETS THE TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES.
RIGHT OF WAY PARCEL SKETCH
CLARCONA-OCOEE ROAD
FOR
Dote:
Job No.:
45422081
Scale:
N.T.S.
CERT. NO,-,
SOUTHEASTERN SURVEYING & llAPPING CORP.
6500 ALL AMERICAN BOULEVARD
ORLANDO. FLORIDA 32610-4350
(407)292-6560 Cert. No. LB-2106
e-m : infolitsoutheaste surveying. com
g.
March 8, 2004 CBvG
-
GOVERNMENT
PLOlllDA
CH. 61G17-6, Florida Administrative
Code requires that 0 legal description
drawing bear the notation that
THIS IS NOT A SURVEY.
SHEET 1 OF 2
NO. 4245
SKETCH OF DESCRIPTION
PARCEL 1092
POB
I
t----------------
I 589'J9'Js"E
I
I
I ~
I r...:
I ~
I
I
I
I l.&J
I .
I U'l
I 0
I 8
I Z
I
I
I
I
, 296.82'
~. I
!='~J,
~~I
1Il I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~
~
SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28
N67'40'37" E
32.52'
N.T.S.
io
.
0\
III
POC
NW CQR.
NE '/4
SEC. 4-22-28
I
I
g I
,.; I
..; :1l I
'10 I
~N
l.&J I ~ J,
Z~"N I
LJ' I !.'l I
~V g: I
-' . .
.~ ~ I
~ Vl I
ORCHARD PARK
P.B. 46, PGS. 76 & 77
AIlElREVIo'o no NS:
P.B. - PLAT BOOK
O.R.B.. OFFICIAl.. RECORDS BOOK
N - NORTH
S - SOUTH
E - EAST
W - WEST
P08 - POINT Of" BEGINNING
POC - POINT Of" COMMENCEMENT
I - MSEUNE
~ - PROPER'lY UNE
L/W: ~Of"OFW~1M
R - RADIUS
" - CENTRAl. ANGLE
CB - CHORD BEARING
N.T.S.- NOT TO SCALE
LA R/W - UIoIITEO ACCCESS RIGHT Of" WAY
-~
Drawing No.PAR1092 45422081
SEE SHEET 15 ON RIGHT OF WAY MAPS
Job No. 45422 CLARCONA-OCOEE ROAD
Dote: MARCH 8, 2004 CBvG
Sheet 2 of 2
See Sheet 1 for Legal Description
REV. 03/2004
REV. 01/2003
REV. 10/2002
REV. 3/2002
SOUTHEASTERN SURVEYING & YAPPING CORP.
6500 ALL AllERICAN BOULEVARD
ORLANDO, FLORIDA 32610-4350
(407)292-8580 Cerl. No. 18-2106
e-mail: info.soulhellslellrnsurveying.com
Revised POC cavG
SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST
Revised section line calls CBvG
Revised curve data CBvG
Revised Notes CBvG