HomeMy WebLinkAboutItem #02 Approval of Deed to the City of 40 Foot Right-of-Way at 790 Pine Street ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: May 3, 2016
Item # c2
Reviewed By:
Contact Name: Scott Cookson, City Department Director:
Attorney
Contact Number: 407-581-9800 City Manager: Robert F
Subject: Acceptance of deed to the City of 40 foot right-of-way at 790 Pine Street (parcel 18-22-
28-0000-00-016).
Background Summary:
On July 7, 2015, the office of City Attorney was contacted relating to a property located at 790 Pine Street.
While preparing to sell the property, the owner discovered no records relating to the conveyance or dedication
of the 40 foot roadway running along the east boundary of parcel number 18-22-28-0000-00-016 (790 Pine
Street). Historically the City has maintained this portion of Pine Street so the property owner's attorney
contacted the City to discuss the issue.
The Orange County Property Appraiser's office and City staff researched the issue and confirmed no record of
a transactional conveyance or dedication of the property to the City or the County. The owner offered to
prepare a Deed and convey to the City the 40 feet of right of way at no cost to the City. The Deed has been
reviewed and approved by the City Engineer and the Assistant City Attorney.
Issue:
Should the City Commission approve acceptance of the 40 foot right-of-way running along the east
boundary of parcel 18-22-28-0000-00-016, located at 790 Pine Street, by deed and authorize the Mayor to
execute all documents necessary to complete the closing on the right-of-way?
Recommendations
Staff recommends that the City Commission approve acceptance of the 40 foot right-of-way running along
the east boundary of parcel 18-22-28-0000-00-016, located at 790 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.
Type of Item: (please mark with an 'x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading x Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
2
THIS INSTRUMENT PREPARED BY:
Dana Crosby-Collier, Esq.
Shuffield, Lowman& Wilson, P.A.
1000 Legion Place, Suite 1700
Orlando, Florida 32801
PLEASE RETURN TO:
Beth Eikenberry, City Clerk
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
WARRANTY DEED
THIS WARRANTY DEED made this day of , 2016, by and
between John E. Palmer and Teresita A. Palmer, whose address is 741 Mt. Pleasant
Drive, Ocoee, Florida 34761, hereinafter called "Grantor", and City of Ocoee, a Florida
municipal corporation existing under the laws of the State of Florida, whose address is
150 N. Lakeshore Drive, Ocoee, Florida 34761, hereinafter called "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.)
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars
($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:
See Exhibit"A" attached hereto and incorporated herein by reference.
Subject to easements, restrictions, reservations and limitations of record, if any,
and taxes for the year 2016 and thereafter, 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.
AND the Grantor hereby covenants with the 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 hereby warrants the title to said land and will defend the
same against the lawful claims of all persons or entities whomsoever.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, the Grantor has hereunto set their hand the day and
year first above written.
Signed, Sealed and Delivered GRANTOR
in our Presence:
Witness's Signature John E. Palmer
Printed Name of Witness
Witness's Signature
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
, 2016, by John E. Palmer.
(Seal) Signature of Notary Public
Type, Print or Stamp Name of
Notary Public
Personally Known OR Produced Identification
Type of Identification Produced:
Signed, Sealed and Delivered GRANTOR
in our Presence:
Witness's Signature Teresita A. Palmer
Printed Name of Witness
Witness's Signature
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
, 2016, by Teresita A. Palmer.
(Seal) Signature of Notary Public
Type,Print or Stamp Name of
Notary Public
Personally Known OR Produced Identification
Type of Identification Produced:
EXHIBIT A
LEGAL DESCRIPTION
D �? L IV i
MAI 1 6 't016
CITY OF OCOEE
A STRIP OF LAND BEING THE EAST 40.00 FEET OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 10919, PAGE 7441 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,
LYING IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, LYING IN ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 18;
THENCE RUN SOUTH 88'46'37" WEST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 FOR A DISTANCE OF 1280.00 FEET TO THE NORTHEAST CORNER OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 18 AND THE NORTHEAST CORNER
OF SAID LANDS AND BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 00'26'58" EAST
ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE EAST LINE
OF SAID LANDS FOR A DISTANCE OF 730.77 FEET TO THE SOUTHEAST CORNER OF SAID
LANDS; THENCE RUN SOUTH 8818'54" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF
40.01 FEET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 00'26'58" WEST FOR A
DISTANCE OF 731.09 FEET TO THE AFORESAID NORTH LINE OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4; THENCE RUN NORTH 88'46'37" EAST ALONG SAID NORTH LINE FOR A
DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 29,237 SQUARE FEET OR 0.67 ACRES, MORE OR LESS.
SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH
SURVEYOR'S NOTES: skla
♦��� �♦ 1. THIS IS NOT A SURVEY.
. ` 2. THIS SKETCH IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
�.� � ♦♦ 3. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF 111E NORT-IWEST 1/4
AS BEING SOUTH 88146'37' WEST, AN ASSUMED BEARING.
♦� *♦ 4. THIS LEGAL DESCRIPTION WAS PREPARED WITHOUT BENEFIT OF TITLE.
r� S 5. DELINEATION OF THE LANDS SHOWN HEREON ARE AS PER THE CLIENTS INSTRUCTIONS.
Cel t t �a JOB NO. CALCULATED BY: F01: THE LICE ED BUSINESS #6723 BY
tF 20150235 JDS
DATE: January 12, 2016 DRAWN BY JDS
SCALE: 1" 200 FEET CHECKED BY: SEJ
16 EAST PLANT STREET
%der Garden,Flaida 34187•(407)651-5355 FIELD BY: N/A
JAMES L. KMAN, P.S.M. #5633 /
Drawina name: L:\Data\20150235\sketches\Sketch 1a.dwa Sketch 1
•
/
SKETCH OF DESCRIPTION
POINT OF BEGINNING
NORTHEAST CORNER OF POINT OF COMMENCEMENT
ORB 10919, P.G. 7441 & NORTHEAST CORNER OF
NORTHEAST CORNER OF NORTHWEST QUARTER
NORTHWEST QUARTER SECTION 18-22-28
OF NORTHWEST QUARTER 1280.00'
SECTION 18-22-28 L24 ,/ S88'46'37"W _ `■
r
[NORTH LINE OF THE
NW 1/4 OF NW 1/4 /
.. II\
SECTION 18-22-28
_NORTH LINE Z N
ORB 10919, P.G. 7441 p 0
N NOT PLATTED
a) C)
Ln u,
EAST LINE OF THE
* m NW 1/4 OF NW 1/4
EAST LINE OF THE NOT PLATTED 40.00 -- 7----SECTION 18-22-28 &
WEST 818.4' OF NW ORB 10919, P.G. 7441
1/4 OF NW 1/4
SECTION 18-22-28 ORB 10919, P.G. 7441 UNRECORDED PINE STREET
18.0'± ASPHALT ROADWAY
NORTH LINE OF THE p
SOUTH 572' OF NW p v
1/4 OFNW1/4 ca '■I
SECTION 18-22-28— SOUTHEAST CORNER
/ORB 10919, P.G. 7441
LI
LOTS I LOT 6 LOT 7 LOT 8 SOUTH LINE
PALM, PG.SPRINGS.44 ORB 10919, P.G. 7441
Z
NORTH LINE LOT 8 PALM SPRINGS
P.B. Z, PG. 44
I
LINE TABLE
LINE LENGTH BEARING
L1 40.01' S88'18'54"W
L2 40.00' N88'46'37"E
SHEET 2 OF 2
SEE SHEET 1 FOR DESCRIPTION/
,,i'r�♦ LEGEND skla
P.B. DENOTES PLAT BOOK
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4 ZS
•. P.G. DENOTES PAGE
.• wL >t:,.• ORB DENOTES OFFICIAL RECORDS BOOK
s:$414:.'9,w�, I -'--
f:Eq 1' t v C7 JOB NO 20150235 CALCULATED BY JDS
DATE- January 12, 2016 DRAWN BY• JOS
M° ?:" SCALE. 1* .. 200 FEET CHECKED BY: SEJ
16 EAST PLANT STREET FIELD BY: N/A
Wei Wm,Ma 34167 (407)654_5355 - /
Drawing name: L•\Data\20150235\sketches\Sketch 1 o.dwg Sketch 1
Location Map for
40-foot wide Tract of Land
at 790 Pine Street
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