Item #06 Approval of Warranty Deed Conveying the Pine Street Parcel to the St. Johns River Water Management District, as Required by the terms of a Memorandum of Agreement Executed by the City on Feb. 7, 2007
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AGENDA ITEM COVER SHEET
Meeting Date: October 20,2009
Item # G
Contact Name:
Contact Number:
AI Butler, CIP Manager
407 -905-3100, ext. 1543
Reviewed By:
Department Director:
City Manager:
~~
Subject: Approval of and authorization for the Mayor to execute a Warranty Deed conveying the Pine
Street Parcel to the St. Johns River Water Management District, as required by the terms of a
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. A waterway that connects the recently constructed Pioneer Key Regional Pond to Lake Apopka
forms the eastern boundary of the property. The subject parcel was created by the construction of SR
429 and constitutes part of the wetlands mitigation required by that highway project.
Using funds from SJRWMD, the City retained a consultant who developed a design for the stormwater
facility and a passive City park on the upland area. However, the property was determined not to be
suitable for the planned stormwater facility given the finished floor elevation of adjacent homes to the
east on Log Landing Dr. in the Crown Point Woods Subdivision and the steep slope down to the
waterway on the other side of the creek. As a result, in August 2008, SJRWMD directed the City not to
construct the stormwater treatment improvements but left open the possibility that the property could still
be used as a City park. This use was eliminated when public access to the property could not be
established. Other uses for the property by the City of Ocoee are not immediately apparent, as the
parcel is outside the city and cannot be annexed into the city given its distance from the city limits.
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 written statement from SJRWMD 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. The City Attorney has worked with SJRWMD to develop a suitable deed
for this purpose.
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.
1
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.
· 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 DeDt 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 ( )
t:/f' 6if
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.
~~@~O\TI~
Bf-~
August 7, 2009
CERTIFIED MAIL
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 Memorandumof 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 intrust 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.
~~iPtJ~
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. CHAIRVlOMAN W, Leonard Wood. VICE CHAIRMAN Hersey 'Herky' Huffman, SECRETARY Hans G, Tanzler III. TREASURER
PONTE VEDRA FERNANDtN.A BEACH ENTERPRISE JACKSONVillE
Douglas C. Bournique Michael Ertel Maryam H. Ghyabi Richard G. Hamann Arlen N. Jumper
VERa BEACH OVIEDO ORMOND BEACH GAINESVILLE FORT M~COY
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Donald F, Wright, Esq.
Wright, Fulford, Moorhead & Brown, P .A,
145 North Magnolia
Orlando, Florida 32802
This deed constitutes a conveyance between governmental agencies and is not subject to documentary
stamp tax. Department of Revenue Rules 12B-4.014(10), Florida Administrative Code.
GENERAL WARRANTY DEED
THIS INDENTURE, made this _ day of October, 2009, between by CITY OF OCOEE, a
municipal corporation of the State of Florida, 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,)
W ! T N E ~ ~ E T H:
That the Grantor, in consideration of the sum of $10.00 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 Grantee, its successors and assigns
forever, in an "AS IS" and "WHERE IS" condition, all that certain land situate in Orange
County, Florida, to-wit:
SEE EXHffiIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE APART HEREOF (the "Property").
TOGETHER with all and singular the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining, including without limitation of the forgoing, all
right, title and interest of Grantor in and to any land lying in the bed of any street, alley, road or
avenue, less and except all of the right, title and interest of the ORLANDO-ORANGE COUNTY
EXPRESSWAY AUTHORITY, a body politic and corporate and an agency ofthe state under
the laws of the State of Florida (the "Expressway Authority" or the "Authority") in and to any
land lying within State Road 429 (Daniel Webster Western Expressway), and any property
appurtenant thereto (before or after vacation thereof, and whether previously abandoned or
vacated or hereinafter abandoned or vacated), and all of the Grantor's interest in and to all
riparian rights, improvements, fixtures, easements, trees, shrubbery, and rights-of-way, except
for the Expressway Authority's interest in and to State Road 429 (Daniel Webster Western
Expressway), and any property appurtenant thereto.
ORLA_1415372.1
TO HA VE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
the Property in fee simple; that the Grantor has good right and lawful authority to sell and
convey the Property; and that the Grantor fully warrants the title to the Property and will defend
the same against the lawful claims of all persons whomsoever; and that the Property is free of all
encumbrances except taxes for the year 2009 and thereafter, if any, zoning, public utility
easements and other Permitted Exceptions as set forth on Exhibit "B" attached hereto and
incorporated herein by reference. Rights of access to and from State Road 429 (Daniel Webster
Western Expressway) and rights of ingress, egress, light, air or view on, across or over State
Road 429 (Daniel Webster Western Expressway) and between State Road 429 (Daniel Webster
Western Expressway) and the Property have been reserved in the Expressway Authority pursuant
to that certain Special Warranty Deed dated October 5, 2006 as recorded in Official Records
Book 8909, Page 3530, of the Public Records of Orange County, Florida and are not conveyed
hereby.
AND no access or other abutter's rights to State Road 429 (Daniel Webster Western
Expressway) are being conveyed with the Property and the Grantor shall not be separately
conveying any easement or access to a public road.
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, Public Records of Orange County, Florida, 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.
WITNESSES:
CITY OF OCOEE,
By:
S. Scott Vandergrift, Mayor
Print Name:
Print Name:
ATTEST:
By:
Beth Eikenberry, City Clerk
2
ORLA_1415372.1
STATE OF FLORIDA
COUNTY OF ORANGE
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 of the 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 his 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.
Notary Public, State of Florida
My Commission Expires:
3
ORLA_1415372,1
EXHIBIT "A"
ORLANDO-ORANGE COUNTY EXPJU;SSW A Y A.UTHORITY Sheet 1 of 2
PROJECT 602/603 - S.R. 4i9 / WESTERN BELTWAY
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 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 being a 6 inch by 6 inch concrete monument; thence
S.OooI8'20"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.87051'OI "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.7S320-,6460-602/603 and the POINT
OF BEGININNG; thence continue N.87051 'OI"E, along said Easterly Limited Access Right-of-Way line
for 10.00 feet; thence N.01043'28"W. along said Easterly Limited Access Right-of-Way line for 520.02
feet; thence N.87051 '02"E. along said Easterly Limited Access Right-or.Way line for 290.85 feet; thence
N.01043'28"W. along said Easterly Limited Access Right-of-Way line for 1273.05 feet to the Easterly
line of the aforesaid Parcel of land described in Official Records Book 5140, page 1052; thence
S.19052'2S"E. along said Easterly line for 21.3 8 feet; thence S.42023' 10"E. along said Easterly line for
135.00 feet; thence S05011 '50"E. along said Easterly line for 203.00 feet; thence S.l2016'38"E. along
said Easterly line for 172.00 feet; thence S.16026' 18''W. along said East:erly line for 137.99 feet; thence
S,06041 '41 "E. along said Easterly line for 220.00 feet; thence SAool7'22"E. along said Easterly line for
395.00 feet; thence S.52043'08"E. along said Easterly line for 43.00 feet; thence 8.00023 '41 "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'Ol "W. along said North line for 626.00 feet to the East line of the aforesaid Parcel of land
described in Official Records Book 5140, Page 1505; thence S.00023'41"W. along said East line for
328.65 feet; thence S.87051 '01 "W. along the South line of said Parcel described in Offichit Records Book
5140, Page 1505, for 34.27 feet to the aforesaid Easterly Limited Access Right-of-Way line of the
Western Beltway; thence N.OI043'Z8"W. along said Easterly Limited Access Right-of-Way line for
328.32 feet to the POINT OF BEGINNING.
I
Containing 13.010 acres, more or less.
October 31, Z005
071640.70
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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
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POINT OF COMMENCEMENT
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NOTES:
I.THIS SKETCH OF DESCRIPTION IS BASED ON THE
RIGHT-OF-WAY MAP FOR THE WESTERN BELTWAY
STATE ROAD NO. 429, ORLANDO-ORANGE COUNTY
EXPRESSWAY AUTHOR1TY PROjECT NUMBER
75320-6460-602/603. BEARINGS SHOWN HEREON
~ E BASED ON SAID MAP
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EXHmIT "B"
PERMITTED EXCEPTIONS
1. Reciprocal Road and Utility Easement Agreement filed June 16, 1986 in Official Records
Book 3798, Page 2605, Public Records of Orange County, Florida.
2. Orange Count yIP rima Vista Utility Company, Inc., Sewer Service Territorial Agreement,
Contract No. S-87-8 filed June 10, 1987 in Official Records Book 3894, Page 1363; First
Amendment filed February 23, 1994, in Official Records Book 4702, Page 2589; Second
Amendment filed December 7, 1999, in Official Records Book 5896; Page 3531; and Third
Amendment filed January 11,2002, in Official Records Book 6432, Page 2130, Public Records
of Orange County, Florida.
3. Orange County/City ofOcoee Water Service Territorial Agreement, Contract No. W-99-
06 filed November 23, 1986, in Official Records Book 4034, Page 291; First Amendment filed
February 23, 1994, in Official Records Book 4702, Page 2576; and Second Amendment filed
January 11, 2002, in Official Records Book 6432, Page 2116, Public Records of Orange County,
Florida.
4. Water Service Territorial Agreement by and between Orange County, Florida, and the
City ofOcoee filed August 1,1989, in Official Records Book 4102, page 367, Public Records of
Orange County, Florida.
5. Existing limited-access line for State Road 429, Orlando-Orange County Expressway
Authority Project No. 75320-6460-602/603. All rights of ingress, egress, light, air and view
conveyed in Warranty Deed recorded in Official Records Book 5128, Page 3350, of the Public
Records of Orange County, Florida. Rights of access to and from State Road 429 (Daniel
Webster Western Expressway) and rights of ingress, egress, light, air or view on, across or over
State Road 429 (Daniel Webster Western Expressway) and between State Road 429 (Daniel
Webster Western Expressway) and the Property are reserved in the Authority and are not
conveyed.
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Return to:
Robert F. Mallett, L.L.C.
Broad and Cassel
Bank of ~lTherica 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
r 11111111 ~ III III II B ~III~ III IIIfl "I ~ 1111111
INSTR 20070100000
~R BK 09114 PG 0895 PGS=8
ARiHA O. HAYNIE, COMPTROLLER
A;;ANGE COUNTY, FL
02/~4/2~~1 12:55:31 PM
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Record ~:
ill -.Donald F. Wright, Esq.
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a; ~ ~ ~ ~ MEMORANDUM OF AGREEMENT
CI)<~_
ff* :: 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, 200], 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 stormwater (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 Project.
8. In the event the City i) fails to complete a master plan for a stormwater
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
ORLA_ 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 completion 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
3
ORLA_ 433476,2
witb 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
ORLA_ 433476.2
IN WITNESS WHEREOF, the parties have set their hands on this day and year first
above VvTitten.
Printed:
K-4rJ/J(! j>JUl (fX-
.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
~Y this b day of
~ ,2007.
FOLEY;1 LARD~
By: fti;fi.
· City Attorney
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Printed:, D.
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Printed: ,,~ r ~,\~ . c"'1 ~ r
TO FORM AND
By:
Don d . Wrigh
Governing Board Counsel
ORLA_ 433476,2
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ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By:
ATTEST:
By:
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~\ k,,'f-6\..('i;ll. li-t.cIi.K-cU?"
Deputy General Counsel .
5
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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Notary Pub~~
My Commission Expires: ~ 1?-7 /2-008
STATE OF FLORIDA
COUNTY OF PUTNAM
I HEREBY CERTIFY that on this ;),~ day of\="ebru.tA.cL, 2007, before me, an
officer duly authorized in the State and ~r' d t e ackn4wledgements, personally
appeared KIRBY B. GREEN III and , well known to me to be the
Executive Director and DefJ1:Hy 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~ooin iliem ::::itYo ~Y~ep~:l;jiJ L
~~~u~__.. Notary Public, State of Florida
My Commission Expires:
6
ORLA_ 433476,2
EXHlBIT "A"
ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY Sheet 1 of2
PROJECT 602/603 - S.R. 429 / WESTERN BELTWAY
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 1505, Public Records of Orange
County, FI~rida, ai:1d 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 being 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,8705l '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 BEGININNG; thence continue N.8705l 'OI"E. along said Easterly Limited Access Right-of-Way line
for 10.00 feet; thence N.ot o43'28"W. along said Easterly Limited Access Right-of-Way line for 520,02
feet; thence N.87051 '02"E. along said Easterly Limited Access Right-of-Way line for 290.85 feet; thence
N.0l043'28"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 5140, page \052; thence
S.19052 '25"E. along said Easterly line for 21.38 feet; thence S.42023' 10"E. along said Easterly line for
13.~,OO feet; thence 'S0501 F~O"E. along said ~sterly line. for 203.0p feet; thence s.liolf38,iE. 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 S.40ol7'22"E. along said Easterly line for
395.00 f~et; thence S.52043'08"E. along said Easterly line for 43.00 feet; thence S.OO023'41"W. along
saiq Easto/ly line, also being the East line of the Northwest 114 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 114 of ~id. Section 7; thence
S.Wi'51'in "W.along said North line for 626,00 feet to the East line of the aforesaid Parcel of land
desc::ribed inOfficial Records Book 5140; Page 1505; thence S.00023'4l''W. along said East line for
328.65 f~et; thenceS.87051'0 1 "W. along the South line of said Parcel dc;scribed in Official Records Book
5140, Page '1505, for 34.27 feet to the aforesaid Easterly Limited Access Right-of-Way line of the
Western Beltway; thence N.OI043'28"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, 2005
071640.70
S:\OOCEA\429CLOSEOUT\Part A \PROJECT 602_603_fiIes\LEGALS\PARCEL_62-132 Surplus,doc
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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,
TOWNSH1P 22 SOUTH. RANGE 28 EAST
6 .X6. CONCRETE MONUMENT
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Te/o'407/647-7Z15 CertIficate No. LB 24
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NOTES:
I.THIS SKETCH OF DESCRIPTION IS BASED ON THE
RIGHT-OF-WAY MAP FOR THE WESTERN BELTWAY
STATE ROAD NO. 429, ORLANDO-ORANGE COUNTY
EXPRESSWAY AUTHORITY PROJECT NUMBER
75320-6450-602/603. BEARINGS SHOWN HEREON
~ E BASED ON SAID MAP
'1-"--
Glenn O. Bryan PS
Professfonal Surveyor and Mapper
FlorIda Certlflcot/J No. 3700
NOT VAiJD WfT/KXJT THe SiGNAniRE /ViO
THf ORIGINAL RAlSEJ) stAL Of A f'lIJRlDA
LXf/{SfO surwaOR AND /IN-PER
Dote: IO/J'tiJ~
Scale: " = 300~
Jab No_' 07/640.70
F.B_' N~
Drown By.. HHH
Ckd. By.' GOB
Sheet ---L of --K
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 tj , 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 of the 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 10 the ESA that require further
investigation or analysis.
{Signature Pafle Follows7
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 ftl'f. day of
February, 2007.
FOLEY&~~LLP
BY:~~
~, ~J-.) City Attorney
ORLA_ 434195.1
CITY OF OCOEE, FLORIDA
...--- .-- {,. J f-
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By: ~ :d. v~ tAr-'c.k":>...,/
S. Scott Vandergrift, Mayor'!
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEET~G
HELD ON APRIL 18,2006
UNDER AGENDA ITEM NO. B-13
2