HomeMy WebLinkAboutItem #20 Warranty Deed conveying Pine Street Parcel
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AGENDA ITEM COVER SHEET
Meeting Date: September 15, 2009
Item # &0
Contact Name:
Contact Number:
AI Butler, CIP Manager
407 -905-3100, ext. 1543
Reviewed By:
Department Director:
City Manager:
-.
I Subject: Approval of and authorization for the Mayor to execute a Warranty Deed conveying the Pine I
I Street Parcel to the St. Johns River Water Management District, as required by the terms of a
I Memorandum of Agreement executed by the City on February 7,2007. (Located outside the city limits.)
Background Summary:
The Pine Street Parcel was purchased by the City using funds supplied by the St. Johns River Water
Management District (SJRWMD) as a location for additional stormwater treatment in the Lake Apopka
basin. The subject parcel was created by the construction of SR 429 and constitutes part of the wetlands
mitigation required by that highway project. The parcel is outside the present Ocoee city limits and
cannot be annexed into the city given its distance from the city limits.
Using funds from SJRWMD, the City retained a consultant who developed a design for the stormwater
facility and passive City park. However, the property was determined not to be suitable for the planned
stormwater facility. There were also questions of public access to the property, which impacted the
potential use of the property for a City park. As a result, construction of the stormwater treatment
structure was abandoned and other uses for the property by the City were not immediately apparent.
Under the terms of the Memorandum of Agreement between the City of Ocoee and SJRWMD entered
into for the purposes of buying the property and constructing the stormwater treatment facility, the City is
to deed the property to SJRWMD if construction had not begun by July 1, 2009. SJRWMD notified the
City on August 7, 2009, of its intent to implement this provision in the Memorandum of Agreement and
has asked the City to execute the required Warranty Deed to convey title to the property to SJRWMD.
Issue:
The Engineering Department has received a General Warranty Deed from SJRWMD along with its
written statement invoking the provisions of Paragraph 8 of the Memorandum of Agreement that require
the City of Ocoee to transfer title to the subject property to SJRWMD.
Recommendations
The Engineering Department recommends that the City Commission authorize the Mayor and City Clerk
to execute the required legal documents, as required by the terms of the governing Memorandum of
Agreement.
Attachments:
. Letter from St. Johns River Water Management District (SJRWMD) dated August 7,2009.
. Proposed General Warranty Deed to convey title of the Pine Street Parcel to SJRWMD.
. Map with aerial photo showing the location of the subject Pine Street Parcel.
1
. Memorandum of Agreement executed February 6,2007.
Financial Impact:
There is no direct financial impact on the City of Ocoee; however, the proposed action will eliminate a
real property asset of the City.
Type of Item: (please mark with an "x'J
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 ( )
.df/M
N/A
N/A
N/A
2
St. Johns River
Water Management District
Kirby B. Green III, Executive Director. David W. Fisk, Assistant Executive Director
4049 Reid Street · P.O. Box 1429 · Palatka, FL 32178-1429 · (386) 329-4500
On the Internet at www.sjrwmd.com.
August 7, 2009
CERTIFIED MAIL
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\Jl1 AUG 1 0 2009 ~
W
AI Butler, C.I.P. Manager
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Re: Memorandum of Agreement dated February 6,2007, between the City of Ocoee, Florida and St.
Johns River Water Management District, recorded February 14, 2007 in ORB 9114, Page 0895, public
records of Orange County Florida for the Pine Street Stormwater Project ("Project")
Dear Mr. Butler,
According to Paragraph 8 of the Memorandum of Agreement, in the event the City fails to commence
construction of the Project by July 1, 2009, then the District shall require'the City to transfer ownership
of the Property to the District. This letter is to provide written notice to the City that the District intends
to exercise the option of transferring title of the property to the District.
Please find attached a general warranty deed ("Deed") conveying fee simple title of the Pine Street
property to the District. Also according to the Memorandum of Agreement, the Deed shall be
accompanied by any planning and project design materials completed by the City as of the date of this
notice. The Deed will be held in trust by the District, pending the District obtaining any studies and
reports necessary to examine title, environmental, survey and other matters affecting the Property,
pursuant to said Paragraph 8.
Please have the Deed executed and returned to my attention, at your earliest convenience. Please feel
free to contact me should you have any questions.
J:lfltJ~
Leota D. Wilkinson
Sr. Land Acquisition Agent
C: David Wheeler, City Engineer, City of Ocoee
Regina Morse, Project Manager, SJRWMD
Ray Bunton, Director, Division of Land Acquisition, SJRWMD
GOVERNING BOARD
Susan N. Hughes, CHAIRWOMAN W. Leonard Wood, VICE CHAIRMAN Hersey "Herky" Huffman. SECRETARY Hans G. Tanzler III. TRE~.SURER
PONTE VEDRA FERNANDINA BEACH E~!TERPRISE JACKSONVillE
Douglas C. Bournique
VERO BEACH
Michael Ertel
OVIEDO
Maryam H, Ghyabi
ORMOND BEACH
Richard G. Hamann
GAINESVillE
Arlen N. Jumper
FORT McCOY
THIS DOCUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Donald F. Wright, Esquire
Wright, Fulford, Moorhead & Brown, P.A.
145 North Magnolia
Orlando, Florida 32802
This deed constitutes a conveyance between goverrunental agencies and is not subject to documentary stamp tax.
Department of Revenue Rules 12B-4.0 14(\ 0), Florida Administrative Code.
GENERAL WARRANTY DEED
THIS INDENTURE, made this _ day of ,2009, between by CITY OF OCOEE, a
municipal corporation of the State ofF!orida, whose mailing address is 150 North Lakeshore Drive, Ocoee,
Florida 34761-2258, hereinafter referred to as "Grantor", to ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, whose
mailing address is 4049 Reid Street, Palatka, Florida 32177, hereinafter referred to as "Grantee":
(Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument
and the heirs, legal representatives and assigns of individuals and the successors and assigns of
corporations and public bodies.)
WITNESSETH:
That the Grantor, in consideration of the sum of$IO.OO and other good and valuable
consideration, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, bargain,
sell, alien, remise, release, convey and confirm unto the Grantee, its successors and assigns forever, all the
following pieces, parcels or tracts ofland (hereinafter referred to as the "Property" or said "Land") situate,
lying and being in the County of Orange, State of Florida, and more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF.
TOGETHER WITH all and singular the tenements, hereditaments, and appurtenances thereunto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
Land in fee simple; that the Grantor has good right and lawful authority to sell and convey said Land; and
that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful
claims of all persons whomsoever; and that said Land is free of all encumbrances.
AND Upon recording of this Deed in the Public Records of Orange County, Florida, the
restrictions on use contained in that certain Memorandum of Agreement between Grantor and Grantee,
dated February 6, 2007, and recorded on February 14,2007 in Official Records Book 09114, page 0895
shall no longer apply to or affect the Property in any way.
THIS PROPERTY IS NOT THE HOMESTEAD OF GRANTOR.
IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first
above written.
WITNESSESS:
CITY OF OCOEE, FLOlUDA
Printed:
By:
S. Scott Vandergrift, Mayor
ATTEST:
Printed:
By:
Beth Eikenberry, City Clerk
...
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this _ day of ,2009, before me, an officer
duly authorized in the State and County aforesaid to take acknowledgements, personally
appeared S. SCOTT VANDERGRIFT, well known to me to be the MAYOR of the CITY OF
OCOEE, a municipal subdivision ofthe State of Florida, and that he acknowledged executing
the same in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in him by said municipality. He is personally known to me.
Notary Public, State of Florida
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this _ day of ,2009, before me, an officer
duly authorized in the State and County aforesaid to take acknowledgements, personally
appeared BETH EIKENBERRY, well known to me to be the CITY CLERK of the CITY OF
OCOEE, a municipal subdivision of the State of Florida, and that she acknowledged executing
the same in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in her by said municipality. She is personally known to me.
Notmy Public, State of Florida
My Commission Expires:
2
EXHIBIT "A"
ORLANDO-ORANGE COUNTY EXPIlESSWAY A.UTHORITY Sheet 1 of2
PROJECT 602/603 - S.R. 4i9/ WESTERN BELTWAY
SURPLUS PROPERTY PARCELS 62-131, 62-132
LEGAL DESCRIPTION
A portion of tliat certain Parcel ofland described in Official Records Book 5140, Page 1052, and that
certain Parcel of land described in Official Records Book 5140, Page 1505, Public Records of Orange
County, Florida, and lying in the Southwest 1/4 of Section 7, Township 22 South, Range 28 East, Orange
County, Florida, being more particularly described as follows:
Commence at the Northwest comer of the Southwest 1/4 of Section 7, Township 22 South, Range 28
East, Orange County, Florida said point b!Jing a 6 inch by 6 inch concrete monument; thence
S.00018'20"E. along the West line of the Southwest 1/4 of said Section 7 for 1321.69 feet to the North
line of the Southwest 1/4 of the Southwest 1/4 of said Section 7; thence N.870S1 '01 "E. along said North
line for 624.53 feet to the Easterly Limited Access Right-of-Way line of the Western Beltway, State Road
No. 429, Orlando-Orange County Expressway Authority Project No.75320-.6460-602/603 and the POINT
OF BEGlNINNG; thence continue N.8705I'OI"E. along said Easterly Limited Access Right-of-Way line
for 10.00 feet; thence N.Olo43'28"W. along said Easterly Limited Access Right-of-Way line for 520.02
feet; thence N.87051 '02UE. along said Easterly Limited Access Right-of-Way line for 290.85 feet; thence
N.Olo43'28uW. along said Easterly Limited Access Right-of-Way line for 1273.0S feet to the Easterly
line of the aforesaid Parcel of land described in Official Records Book S140, page IOS2; thence
S.190S2'25"E. along said Easterly line for 21.38 feet; thence S.42023'10"E. along said Easterly line for
135.00 feet; thence S0501l'SO"E. along said Easterly line for 203.00 feet; thence S.12016'38"E. along
said Easterly line for 172.00 feet; thence S.16026'18"W. along said Easterly line for 137.99 feet; thence
S.06041 '41 "E. along said Easterly line for 220.00 feet; thence SAOo l7'22"E. along said Easterly line for
395.00 feet; thence S.52043'08"E. along said Easterly line for 43.00 feet; thence S.00023'4l''W. along
said Easterly line, also being the East line of the Northwest 1/4 of the Southwest 1/4 of said Section 7, for
610.07 feet to the North line of the Southwest 1/4 of the Southwest 1/4 of said Section 7; thence
S.87051 '01 ''W. along said North line for 626.00 feet to the East line of the aforesaid Parcel of land
described in Official Records Book S140, Page 150S; thence S.00023'41"W. along said East line for
328.65 feet; thence S.8705l'OI"W. along the South line of said Parcel described in Official Records Book
SI40, Page 150S, for 34.27 feet to the aforesaid Easterly Limited Access Right-of-Way line of the
Western Beltway; thence N.Ol043'28"W. along said Easterly Limited Access Right-of-Way line for
328.32 feet to the POINT OF BEGINNING. .
Containing 13.010 acres, more o~ less.
October 31, 200S
071640.70
S:\OOCEAI429CLOSEOUliPart A\PRbJECT 602_603_fiIcs\LEGALS\PARCEL_62-132 Surplus.doc
SKETCH OF DESCRIPTION
ORLANDO-ORANGE COUNTY
EXPRESSWAY AUTHORITY
WESTERN BEL TWA Y
STATE ROAD NO. 429 .
PROJECT NUMBER 75320-6460-602/603
PARCEL NO. 62-131, 62-132
SURPLUS PROPERTY
POINT OF COMMENCEMENT
NORTHWEST CORNER
SOUTHWEST 1/4 SECTION 7,
TOWNSHIP 22 SOUTH. RANGE 26 EAST
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NOTES:
I.THIS SKETCH OF DESCRIPTION IS. BASED ON THE
RIGHT-DF-WAY MAP FOR THt WESTERN BELTWAY
STATE ROAD NO. 429. ORLANDO-ORANGE COUNTY
EXPRESSWAY AUTHORITY PROjECT NUMBER
75320-6460-602/603. BEARINGS SHOWN HEREON
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OCPA Web MAP
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Parcel 10: 282207000000096
0' '200ft
Created on 8/14/2009, Copyright 2007. Orange County Property Appraiser.
This map is for reference only and is not a survey.
http://paarcgis.ocpafl.org/W ebmap l/Print_ Map_Only .aspx? &pin=282207000000096
8/14/2009
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Return to:
Robert F. F!aUett, L.L.C.
Broad and Cassel
Bank of ~.merica Center
P.O. Box 4961, Orlando, FL 32802-4961
PREPARED BY:
Donald F. Wright, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
Post Office Box 2828
Orlando, Florida 32802
11111 ~ 11I111111111 B 1111 ~ 11111I11111 ~ 1111 all
INSTR 20070100000
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AR1HA O. HAYNIE, COMPTROLLER
'Ji~ANGE COUNTY, FL
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rr. ;:: ~ ~ ~ MEMORANDUM OF AGREEMENT
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~*' 3: TIDS MEMORANDUM OF AGREEMENT, made and entered into this _ day of
February, 2007, between the CITY OF OCOEE, FLORIDA, a Florida municipal corporation
(hereinafter referred to as "City"), having a mailing address of 150 N. Lakeshore Drive, Ocoee,
Florida 34761 and the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public
body existing under Chapter 373, Florida Statutes, (hereinafter referred to as "District") and
having a mailing address of 4049 Reid Street, Palatka, Florida 32177.
WITNESSETH:
1. On January 25, 2001, the City and the District entered into a written Participation
Agreement regarding the purchase of lands in the Crown Point Conservation Area in Orange
County, Florida., which Agreement was amended on March 8, 2006 (the "Agreement") to include
provisions for joint participation in the purchase of the Pine Street parcel, District Parcel No.
2006-15 (the "Property"), in Orange County, Florida. The legal description of the Property is
attached hereto as Exhibit "A"; and
2. The Agreement provides for the joint funding, acquisition and management of
said Property and provides that certain conditions and restrictions upon the use of the Property
must run with the title to the Property; and
ORLA_ 433476.2
~
3. This Memorandum of Agreement sets forth the specific terms, conditions and
restrictions which are to run in favor of the District and which shall burden and encumber the
Property unless and until the District records a release hereof in the Public Records of Orange
County, Florida
4. The District is participating with the City in the acquisition of the Property for the
sole purpose of assisting the City in creating a water quality improvement facility for treatment
and management of stonnwater (the "Project").
5. During the time the City retains ownership of the Property, the Property shall
solely be used for purposes of stormwater management, water quality improvement, and passive
public recreation.
6. The City shall not, without the \\-TItten approval of the District, sell, conveyor
otherwise transfer title to the Property.
7. Any revenues derived from the sale of materials from the Property will be applied
toward costs of design, construction or operation of the Proj ect.
8. In the event the City i) fails to complete a master plan for a storm water
management and water quality improvement facility upon the Property by July 1,2007, ii) fails
to complete the final Project design for the construction of the stormwater management and
water quality improvement facility in accordance with the master plan by December 31, 2007, or
iii) fails to commence construction of the Project by July 1, 2009, then in any such event the
District shall require the City to transfer ownership of the Property to the District. The District
shall provide written notice to the City and the City shall immediately provide the District with a
general warranty deed ("Deed") conveying fee simple title to the Property to the District. The
Deed shall be accompanied by any planning and Project design materials completed by the City
2
ORU\_ 433476.2
as of the date of such notice. The Deed shall be held in trust by the District pending the District,
at its cost, obtaining studies and reports necessary, at the discretion of the District, to examine
title, environmental, survey, and other matters affecting the Property. In the event any of such
investigations reveal matters unacceptable to the District ("Objections"), the City shall cure such
Objections to the reasonable satisfaction of the District prior to the District accepting title to the
Property and recording the Deed in the Public Records of Orange County, Florida.
Notwithstanding the foregoing requirement for the City to cure Objections, the District shall not
require the City to cure any matters that affected the Property as of the date the District
contributed funding toward the purchase of said Property. Upon recording of the City's Deed to
the District, the restrictions on use contained in this Memorandum of Agreement shall no longer
apply to the Property. For purposes of this Agreement, the term "commenced construction" shall
mean evidence that i) the City has funding available for construction of the Project, ii)
construction contracts are in place between the City and contractor for construction of the
project, and iii) bona fide construction activity is taking place on the Property.
9. If, at any time after c.ompletion of construction of the Project, the City ever fails
to actively operate the stormwater management and water quality improvement facility
constructed on the Property, then the same procedure for transfer of title from the City to the
District specified in Paragraph 8 above shall also apply. For purposes of this paragraph,
"actively operate" means that the facility is functioning as designed and is being used for its
intended purpose.
10. If the City fails to provide the District with the Deed as stated in Paragraph 8
above, upon the recordation of an Affidavit by the District certifying that the conditions
precedent specified in either Paragraph 8 or 9 above, including that the District provided the City
"
"
ORLA_ 433476.2
with written notice, have occurred, then title to the Property shall automatically vest in the
District or its successor organization.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANKl
4
OR.LA_ 433476.2
IN WITNESS WHEREOF. the parties have set their hands on this day and year first
above 'NTitten.
Printed:
7l...4N6(1 j>JUl (fX-
.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LE~r this b day of
~ ,2007.
FOLEYf1: LARD~J!::.JIJ
By: /jj;J21.
. .
CIty Attorney
D.
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Printed: ,,~ r -,\ . ('~\.,'" \
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TO FORM AND
By:
ORLA_ 433476.2
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CITY OF OCOEE, FLORI~":"
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ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By:
ATTEST:
By:
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Deputy General Counsel
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STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this ~ day of ~, 2007, before me, an
officer duly authorized in the State and County aforesaid to take ackno ledgements, personally
appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, well known to me to be
the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a municipal subdivision of
the State of Florida, and that they severally acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority duly vested in them by said
municipality. They are personally known to me.
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My Commission Expires: ~ 11-7/ 'Z-. () 08
STATE OF FLORIDA
COUN1Y OF PUTNAM
I HEREBY CERTIFY that on this d.~ day of+='ebru...9......L, 2007, before me, an
officer duly authorized in the State and ~r'd t e ackn&wledgements, personally
appeared KIRBY B. GREEN ill and , well known to me to be the
Executive Director and DSfl,*" General Counsel, respectively, of the ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and voluntarily under authority duly
v~edmili=:::::ty. TheY=p~z~;; ~
EXPlRES:J1.."Y21.2003 Notary Public, State of Florida
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My Commission Expires:
6
ORLA_ 433476.2
EXHIBIT "Ad
ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY Sheet 1 of2
PROJECT 602/603 - S.R. 429 I WESTERN BEL TW A Y
SURPLUS PROPERTY PARCELS 62-131,62-132
LEGAL DESCRIPTION
A portion of that certain Parcel of land described in Official Records Book 5140. Page 1052, and that
certain Parcel of land described in Official Records Book 5140. Page lSOS, Public Records of Orange
County. Florida, aitd lying in the Southwest 1/4 of Section 7, Township 22 South, Range 28'East; Ofungi::
County, Florida, being more particularly descnbed as follows:
Commence at the Northwest corner of the Southwest 1/4 of Section 7, Township 22 South, Range 28
East, Orange County, Florida said point being a 6 inch by 6 inch concrete monument; thence
S.Ooo18'20"E. along the West'line of the Southwest 1/4 of said Section 7 for 1321.69 feet to the North
line of the Southwest 1/4 of the Southwest 1/4 of said Section 7; thence N.870S1 '01 "E. along said North
line for 624.53 feet to the Easterly Limited Access Right-of-Way line of the Western Beltway, State Road
No. 429, Orlando-Orange COlmty Expressway Authority Project No.7S320-,6460-602J603 and the POINT
OF BEGININNG; thence continue N.870S1 '0 I "E. along said Easterly Limited Access Right-of-Way line
for 10.00 feet; thence N.Ol043'28"W. along said Easterly Limited Access Right-of-Way line for.520.02
feet; thence N.8705l '02"E. along said Easterly Limited Access Right-of-Way line for 290.85 feet; thence
N.Ol043'28"W. along said Easterly Limited Access Right-of-Way line for 1273,05 feet to the Easterly
line of the aforesaid Parcel of land descnbed in Official Records Book S140, page IOS2; thence
S.190S2'2S"E. along said Easterly line for 2 1.38 feet; thence S.42023'10"E. along said EasterlY line for
13~.QO feet; thence'S05011'?O"E. along said ~sterly line,for 203.09 fee~ thence s.liol?~3g';E. along
said Easterly line for 172.00 feet; thence S.16026'IS"W. along said Easterly line for 137.99 feet; thence
S.06041'41"E. along said Easterly line for 220.00 feet; thence S.40017'22"E. along said Easterly line for
395.00 feet; thence S.S2043 '08"E. along said Easterly line for 43.00 feet; thence S.oo023'4l''W. along
saidEast~ly line, also being the East line of the Northwest 1/4 of-the Southwest 1/4 of said Section 7, for
610:.07 fel;t to the :No~h line of the Southwest 1/4 of the Southwest 1/4 of Sliid' S~ction 7; thence
S.870S1'OI ''VI. along said North line for 626.00 feet to the East line Of the aforesaid Parcel of land
despribed inOfficial Rc::cords Book 5140; Page 150S; thence S,00023'41''W. along said East line for
128.6S'feet; thence S~87051 'Ol"W. along the South line of said Parcel dcescribed in Official Records Book
5140, PagelSOS, 'for 34.27 feet to the aforesaid Easterly Limited Access Right-of-Way line of the
Western Beltway; thence N.Ol043'28"W. along said Easterly Limited Access Right-of-Way line for
328.32 feet to the POINT OF BEGINNING.
Containing 13.010 acres, more or less.
October 31, 200S
071640.70
S:\OOCEA\429CLOSEOUT\Part A \PROJECT 602_603_fiIes\LEGALS\P ARCEL_62-132 Surplus.doc
SKETCH OF DESCRIPTION
ORLANDO-ORANGE COUNTY
EXPRESSWAY AUTHORITY
WESTERN BEL TWA Y
STATE ROAD NO. 429
PROJECT NUMBER 75320-6460-602/603
PARCEL NO. 62-131, 62-132
SURPLUS PROPERTY
EXHIBIT "An
S19"52 '25 "E
2/ . 38'
S42"23'10"E
135.00'
EASTERLY LINE OF
O.R.B. S140. PAGE 1052
EASTERLY LINE OF
a.R.B. S140, PAGE \052
POINT OF COMMENCEMENT
NORTHWEST CORNER
SOUTHWEST 1/4 SECTION 7.
TOWNSHIP 22 SOUTH. RANGE 28 EAST
6 "X6" CONCRETE MONUMENT
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PHASE II
(PLAT BOOK 20, PAGE 115 AND 116)
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SECTION 7
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NOTES:
'.THIS SKETCH OF DESCRIPTION IS BASED ON
RIGHT-OF-WAY MAP FOR THE WESTERN BELTWAY
STATE ROAD NO. 429. ORLANDO-ORANGE COUNTY
EXPRESSWAY AUTHORITY PROJECT NUMBER
75320-5460-602/603, BEARINGS SHOWN HEREON
~ E BASED ON SAID MAP
THE
34.27'
587" S\ . 0 I "W
SOUTH LINE OF
.., O.R.B. 5140. PAGE 1505
~ ~'THIS IS NOT A SURVEY
':J ::2 ~1efler Road
~ Orlanda, Florida J2810-6101
.", Tel,' 407/6'" -7Zl5 CertifIcate No. L8 24
Date: iQ/J/(g2..
Scale: r = JOO~
Job No_' arl540JD
F .8 _' N/.A.
Drawn By.' HHH
Ckd. By: GOB
Sheet ---L of ~
Glenn D. Bryon PS
ProfessIonal Surveyor and Mapper
FlorIda Certlflcate No. 3100
NOT YAlJD rtfTHalT THE SK:ffAniRE AHD
THf ORIGINAL RAlSW SEAL Of A FIDRIDA
LWSfD SVfYE:rOR AHD II.APPffl
CLOSING CERTIFICATE
The CITY OF OCOEE, FLORIDA, a Florida municipal corporation (the
"City") hereby certifies to the ST. JOHNS RIVER WATER MANAGEME~T DISTRICT, a
public body existing under Chapter 373, Florida Statutes ("SJRWMD") that:
1. On February '1 , 2007 (the "Closing Date"), the City closed on the
purchase of the "Pine Street Parcel" (as defined in that certain Participation Agreement by and
between the City and SJRWMD dated January 25, 2001, as amended by that certain First
Amendment to Participation Agreement dated March 8, 2006 (collectively, the "Participation
Agreement").
2. An appraisal of the Pine Street Parcel (the "Appraisal") has been prepared.
3. The purchase price for the Pine Street Parcel is less than or equal to the
appraised value of the Pine Street Parcel.
4. A title insurance policy insuring fee title to the Pine Street Parcel (the
"Title Policy") has been issued in favor ofthe City.
5. A survey of the Pine Street Parcel (the "Survey") has been prepared by a
professional land surveyor.
6. A phase I environmental site assessment of the Pine Street Parcel (the
"ESA") has been prepared.
7. The Appraisal, Title Policy, Survey and ESA meet or exceed the City's
requirements for title, survey and environmental assessments.
8. There are no matters shown on the Title Policy that would adversely affect
the marketability of the Pine Street Parcel except for that certain Memorandum of Agreement by
and between the City and SJRWMD dated as of the Closing Date that, pursuant to Section 4 of
the Participation Agreement, has or will be recorded in the Public Records of Orange County,
Florida.
9. There are no matters shown on the Survey that would adversely affect the
marketability of the Pine Street Parcel.
10. There are no matters identified m the ESA that require further
investigation or analysis.
[Signature Paf!e Followsl
ORLA_434195.1
.....
IN WITNESS WHEREOF, the undersigned has duly executed this certificate as
set forth below:
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this ~c day of
February, 2007.
FOLEY & ~~ LLP
BY:~~
~r ~J.,,) City Attorney
ORLA_434195.1
CITY OF OCOEE, FLORIDA
----- .---- -. {/ . f: .1_
By: ~ :::2 vt1r 'Vv.cE"/./
S. Scott Vandergrift, Mayor~
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEET~G
HELD ON APRIL 18, 2006
UNDER AGENDA ITEM NO. H-13
2