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Home My WebLink AboutItem #18 Ocoee Pines Conveyance of City's Remnant TractsSHUFFIELD, LOWMAN & WILSON, P.A. City of Ocoee City Attorney AGENDA ITEM COVER SHEET Meeting Date: Novembe 4, 2014 Contact Name: Contact Number: Scott A. Cookson, City Attorney 407 - 581 -9800 Item # I'll Reviewed By: Department Director: City Manager: Subject: Ocoee Pines (FKA: Whispering Pines) Planned Unit Development (PUD) Conveyance of City's remnant tracts Commission District # 1 — John Grogan Background Summary: The Ocoee Pines PUD is an assemblage of a number of different tracts. The current owner and the prior owner(s) assembled the tracts over several years. The City of Ocoee, in assisting a prior owner in the assemblage, acquired title to two tracts within the property (Parcels E and F). In order for the orderly and proper development of the Ocoee Pines PUD, it is necessary for the City to convey Parcels E and F to the owner of the Ocoee Pines PUD so that those parcels can be included within the PUD. The conveyance of Parcels E and F will be by quit claim deed. The quit claim deed contains language that such parcels must be used for right of way or a public purpose. The developer has agreed to pay to the City the sum of $39,010.50 for the conveyance. Said amount reimburses the City the City's costs in acquiring the parcels. Issue: Should the Honorable Mayor and Commissioners approve the conveyance of Parcels E and F in connection with the Approved PUD Land Use Plan for Ocoee Pines? Recommendation: Staff recommends that the City Commission approve the conveyance of Parcels E and F in connection with the Approved PUD Land Use Plan for Ocoee Pines. Attachments: Map of Parcel E and F; Quit Claim Deed for Parcel E and F Financial Impact: None. Type of Item: [X] Public Hearing Ordinance First Reading Ordinance First Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use ❑ Consent Agenda ❑ Public Hearing [X] Regular Agenda ❑ Original Document/Contract Attached for Execution by City Clerk [X] Original Document/Contract Held by Department for Execution Reviewed by City Attorney [X] Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) ❑ N/A Ocoee Pines Parcels E &F Location Map k -- L i eslAvenuel � 0 ca � Sout Park R > !� Ja S treet - y S e Cl Ocoe Road na e !Ro c( -- 01 - -� ' i � t o �� ►_► K 1 ie - eaddw. Rb'ad�__ This instrument was prepared by and should be returned to: James H. McNeil, Jr. Akerman LLP 420 South Orange Avenue, Suite 1200 Orlando, Florida 32801 Portion of Tax Parcel ID Numbers: 05- 22- 28- 9152 -09 -010 and 05- 22- 28- 9152 -26 -470 QUIT CLAIM DEED THIS QUIT CLAIM DEED is made and executed as of , 2014, by the CITY OF OCOEE, a Florida municipal corporation, whose post office address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor "), to JTD LAND AT OCOEE PINES, LLC, a Florida limited liability company, whose post office address is 210 South Hoagland Blvd., Kissimmee, Florida 34741 (hereinafter referred to as the "Grantee "); WITNESSETH: THAT the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged by these presents, does hereby remise, release, grant, alien, convey and quit -claim unto the Grantee all of Grantor's interest in that certain piece, parcel or tract of land situated in Orange County, Florida more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (hereinafter referred to as the "Subject Property"); TOGETHER WITH all the tenements, hereditaments, easements and appurtenances, including riparian rights, if any, thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD the same, in fee simple, 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 Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee forever. The Grantor and the Grantee, and their successors and assigns, covenant that the Subject Property shall be restricted for the use of the public only (the "Restriction "). This Restriction shall apply to the Subject Property and is enforceable by Grantor and Grantee and their successors and /or assigns and shall be construed as a covenant running with the land. THE conveyance made herein, however, is expressly made SUBJECT TO ad valorem real property taxes and assessments for the year 2014 and thereafter, and easements and restrictions of record, if any, the reference to which shall not operate to reimpose the same. THIS IS NOT THE HOMESTEAD OF THE GRANTOR. {29714403;1} IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in manner and form sufficient to bind them as of the day and year first above written. Witnesses: Print Name: Print Name: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE. Approved as to form and legality this day of , 2014. City Attorney STATE OF FLORIDA COUNTY OF ORANGE GRANTOR: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift Mayor Attest: Beth Eikenberry City Clerk AUTHORIZED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 2014 UNDER AGENDA ITEM I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, 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, ant 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. WITNESS my hand and official seal in the state and county last aforesaid this day of , 2014. Notary Public My Commission Expires: {29714403;1; 2 EXHIBIT "A" Legal Description of Subject Property Lots 1 and 2, Block 9, West Orange Park, as recorded in Plat Book M, Pages 1, 4 and 5 of the Public Records of Orange County, Florida. More particularly described as follows: Commence at the northwest corner of Tract "C ", Ocoee Pines, according to the plat thereof, as recorded in Plat Book 66, Pages 94 and 95 of the Public Records of Orange County, Florida; thence run S 02 °47'38" W, along the West line thereof, a distance of 623.59 feet; thence departing said West line, run S 87 °12'22" E, a distance of 535.71 feet to the Point of Beginning; thence run N 73 °29'13" E, a distance of 50.00 feet; thence run S 16 °30'47" E, a distance of 90.00 feet; thence run S 73 °29'13" W, a distance of 50.00 feet; thence run N 16° 30 47" E, a distance of 90.00 feet; thence run S 73 °29'13" W, a distance of 50.00 feet; thence run N 16 °30'47" W, a distance of 90.00 feet to the Point of Beginning. and Lots 47 and 48, Block 26, West Orange Park, as recorded in Plat Book M, Pages 1, 4 and 5 of the Public Records of Orange County, Florida. More Particularly described as follows: Commence at the Southwest Corner of "Tract "C ", Ocoee Pines, according to the Plat thereof, as recorded in Plat Book 66, Pages 94 and 95 of the Public Records of Orange County, Florida; thence run N 00'15'45" E, along the West line thereof, a distance of 368.24 feet; thence departing said West line, run S 89 °44'15" E, a distance of 561.00 feet to the Point of Beginning ; thence run N 00 °17'22" E, a distance of 104.00 feet; thence run S 88 °04'02 ", a distance of 50.00 feet; thence run S 00° 17'22" W, a distance of 104.00 feet; thence run N 88 °04'02" W, a distance of 50.00 feet to the Point of Beginning. 2971440311)