Loading...
620-Mayfair Golf Course STENSTROM, MCINTOSH, COLBERT, WHIGHAM & SIMMONS, P.A. ATTORNEYS AND COUNSELLORS AT LAW June 28, 1996 Bill Simmons, City Manager HAND DELIVERED ~//~CITY OF SANFORD 300 N. Park Avenue Sanford, FL 32771 Re: Mayfair Golf Course Dear Mr. Sinunons: Enclosed are checks totaling $399,994.84 representing the proceeds payable from Seminole County for the widening of State Road 46A at the Golf Course. Pursuant to our discussion, the checks arc payable as follows: 1. To SEMINOLE CLUB, INC. in the mount of $292,494.84 which should be deposited into First Union National Bank representing the operating account; and 2. To SEMINOLE CLUB, INC. and CITY OF SANFORD jointly, in the mount of $32,500.00 which should be deposited into First Union National Bank representing the retainage account; and 3. To CITY OF SANFORD in the mount of $75,000.00 represent'mg the settlement mount. Also enclosed are copies of all of the executed closing documents including an original Closing Statement showing the purchase price and costs. If you should have any questions, please advise. Sincerely, STENSTROM, McINTOSH, COLBERT, William L. Colbert /lw Enclosures OWNER'S/CONTRACTOR'S AFFIDAVIT STATE OF FLORIDA) COUNTY OF SEMINOLE) BEFORE ME, the undersigned authority, did personally appear JOHN K. DANIELS as President of SEMINOLE CLUB, INCORPORATED, who, after being duly sworn according to law, did depose and say as follows; 1. That the Affiant, JOHN K. DANIELS affirms that he is legally competent and acts as President on behalf of SEMINOLE CLUB, INCORPORATED with full corporate authority. 2. That this Owner's and Contractor's Affidavit is made pursuant to the Agreement by and between SEMINOLE CLUB, INC. and the CITY OF SANFORD, FLORIDA relating to the repair and restoration of the golf course known as MAYFAIR COUNTRY CLUB arising out of modifications from the expansioned and rebuilding of County Road 46A. 3. That this Owners and Contractors Affidavit is made in fulfillment of the responsibility of SEMINOLE CLUB, INC. to notify the CITY OF SANFORD of the main contractors or sub-contractors which will perform work or furnish materials on the job site. 4. SEMINOLE CLUB, INC. does hereby notify that the following described contractors or sub-contractors will furnish such goods and services: 1.Robert Scott and Sons, Lake Monroe, Florida (Job Description: earth movers) 2. Kroeplin Irrigation, 2018 Kerrington Dr. Orlando, F1 32807 (Job Description: irrigation) 3.South East Grassing, Box 220, Williston, F1 32696 (Job Description: sod work) 4o Florida Potting Soils, Box 547008, Orlando, F1 32854 (Job Description: soil fill and sod) 5. Fred Troutman, Lake Monroe, F1. (Job Description: cart paths) 6. North-South Irrigation, Longwood, F1. (Job Description: irrigation) 5. That this Affidavit shall be supplemented from time to time as additional contractors or sub-contractors or materialmen are retained. FURTHER AFFIANT SAYETH NAUGHT. ~resid~nt ~ SWORN TO and subscribed before me this c~day of ~)[~ , 1996, by JOHN K. DANIELS, as President of SEMINOLE CLUB, INC. who is personally known to me. Printed name of Notary Public My Commission Expires: 2of2 EXHIBIT "A" PARCEL 157 A parcel of land in Section 4, Township 20 South, Range 30 East, being a portion of that parcel described in Deed Book 31, Page 89 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Northeast coruer of the Northeast quarter of said Section 4 for a point of reference; thence run South 89053'40'' West a along the North line of said Northeast quarter 119.91 feet to the Southeast coruer of the Southeast quarter of Section 33, Township 19 South, Range 30 East; thence run South 89050'22'' West along said Northeast quarter 1203.76 feet to the East line of that parcel described in said Deed Book 31, Page 89 and the Point of Beginning; thence run South 00°26'20" East along said East line, 184.50 feet; thence run South 89050'22'' West, 40.00 feet; thence run North 00026'20" West, 102.50 feet; thence run South 89050'22'' West, 291.51 feet; thence run North 76o39'53'' West, 51.42 feet; thence run South 89°50'22" West, 938.55 feet to the West line of said Deed Book 31, Page 89; thence run North 00026'20" West along said West line 70.00 feet to the North line of said Northeast quarter; thence run North 89°50'22'' East along the North line of said Northeast quarter 1320.00 feet to the Point of Beginning. PARCEL 757 A parcel of land in Section 4, Township 20 South, Range 30 East, being a portion of that parcel described in Deed Book 31, Page 89 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Northeast coruer of the Northeast quarter of said Section 4 for a point of reference; thence run South 89°53'40'' West a along the Noah line of said Northeast quarter 119.91 feet to the Southeast coruer of the Southeast quarter of Section 33, Township 19 South, Range 30 East; thence run South 89o50'22'' West along said Northeast quarter 1203.76 feet to the East line of that parcel described in said Deed Book 31, Page 89; thence continue South 89°50'22" West along the North line of said Northeast quarter 1320.00 feet to the West line of that parcel described in said Deed Book 31, Page 89; thence run South 00026'20'' East along said West line 70.00 feet to the Point of Beginning; thence run North 89°50'22" East, 20.00 feet; thence run South 00°26'20'' East, 30.00 feet; thence run South 89050'22'' West, 20.00 feet to the West line of that parcel described in Deed Book 31, Page 89; thence run North 00026'20'' West along said West line, 30.00 feet to the Point of Beginning. Project: Highway 46A - Phase II Parcel: 157 Owner(s): City of Sanford, Florida WARRANTY DEED Wherever used herein, the terms "Grantor" or "Grantee" shall include the heirs, personal representatives, successors and/or essigus of the respective parties hereto; the use of the singular number shall include the plural, and the plural the singular; the use of any gender shall include all genders. This Warranty Deed is made this A~ay of June, A.D. 1996 BETWEEN, CITY OF SANFORD, FLORIDA, a municipal corporation, whose mailing address is 300 North Park Avenue, Sanford, FL 32771, of the County of Seminole in the State of Florida, hereinafter called Grantor, and SEMINOLE COUNTY, a political subdivision of the State of Florida whose mailing address is 1101 East First SWeet, Sanford, Florida 32771 of the County of Seminole in the State of Florida, hereinafter called the Grantee: WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration, the reeeipt whereof is hereby acknowledged, by these presents does grant, bargain and sell, alien, remise, release, convey, and confirm unto the said Grantee forever, the following described land, situate, lying and being in the County of Seminole, State of Florida to wit: A parcel of land in Section 4, Township 20 South, Range 30 East, being a portion of that parcel described in Deed Book 31, Page 89 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Northeast corner of the Northeast quarter of said Section 4 for a point of reference; thence run South 89°53'40" West a along the North line of said Northeast quarter 119.91 feet to the Southeast corner of the Southeast quarter of Section 33, Township 19 South, Range 30 East; thence run South 89°50'22'' West along said Northeast quarter 1203.76 feet to the East line of that parcel described in said Deed Book 31, Page 89 and the Point of Beginning; thence run South 00°26'20" East along said East line, 184.50 feet; thence run South 89°50'22" West, 40.00 feet; thence run North 00026'20" West, 102.50 feet; thence run South 89°50'22" West, 291.51 feet; thence run North 76°39'5Y' West, 51.42 feet; thence run South 89050'22" West, 938.55 feet to the West line of said Deed Book 31, Page 89; thence run North 00°26'20" West along said West line 70.00 feet to the North line of said Northeast quarter; thence run North 89050'22" East along the North line of said Northeast quarter 1320.00 feet to the Point of Beginning. This Instrument This Instrument to This Instrument Prepared by: be Returned to: Kenneth W. Wright, Esq. Joyce D. Suber ~~~PqZ~~~ Shutts & Bowen Seminole County Engineering Dept. 20 N. Orange Avenue 520 Lake Mary Boulevard Suite 1000 Suite 200 ~~,~~ Orlando, FL 32801 Sanford, Florida 32773 Subject to easements and restrictions of record. Property Folio No.: 04-20-300-0030-0000 In addition to all other common Law Covenants, this deed contains the Covenant of Further Assurances. 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 said Grantor hereby covenants With said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that they 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 except for taxes accruing subsequent to December 31, 1995. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officer(s) thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: CITY OF SANFORD, FLORIDA, a municipal corporation pri~tn/t~a: 'k'~r~r~ C~c~ Tc/r'rur- BBYE~FYELD. SMITH Mayor 3~ No~ P~k Avenue S~ford FL 32771 Its City Clerk Print name: ~ian~ ~ews STATE OF FLORIDA COUNTY OF ~emlne~te, The foregoing instrument was acknowledged before me this aSa, day of June, 1996 by BETTYE D. SMITH, the Mayor of the CITY OF SANFORD, FLORIDA, a municipal corporation, on behalf of said corporation. He~)is personally known to me or who has produced as identification. Notary Public, State of Florida Print Name: 1)io-,~ C..rews Commission No. C.t_'~'~ q-~l/.,. My commission expires: Cy4-e~-q7 (Notary Seal) ,~ P~% o~E c~w~ Project: Highway 46A ~ Phase II Parcel: 757 Owner(s): CITY OF SANFORD, FLORIDA TEMPORARY CONSTRUCTION EASEMENT (Corporate) THIS AGREEMENT is made and entered into this ZE?5~ay of June, 1996, between CITY OF SANFORD, FLORIDA, a municipal corporation, whose mailing address is 300 North Park Avenue, Sanford, FL 32771, of the County of Seminole in the State of Florida, hereinafter referred to as GRANTOR, and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as GRANTEE. WITNESSETH, that the GRANTORS, for and in consideration of the sum of 910.00 and other valuable considerations, paid, receipt of which is hereby acknowledged, do hereby grant, unto the GRANTEE, permission to be exercised for a period of three years from the date of construction of Highway 46A - Phase II to enter upon the following described lands: A parcel of land in Section 4, Township 20 South, Range 30 East, being a portion of that parcel described in Deed Book 31, Page 89 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Northeast comer of the Northeast quarter of said Section 4 for a point of reference; thence run South 89°53'40'' West a along the North line of said Northeast quarter 119.91 feet to the Southeast comer of the Southeast quarter of Section 33, Township 19 South, Range 30 East; thence run South 89°50'22" West along said Northeast quarter 1203.76 feet to the East line of that parcel described in said Deed Book 31, Page 89; thence continue South 89050'22" West along the North line of said Northeast quarter 1320.00 feet to the West line of that parcel described in said Deed Book 31, Page 89; thence run South 00°26'20" East along said West line 70.00 feet to the Point of Beginning; thence run North 89°50'22" East, 20.00 feet; thence run South 00°26'20" East, 30.00 feet; thence mn South 89°50'22" West, 20.00 feet to the West line of that parcel described in Deed Book 31, Page 89; thence run North 00°26'20" West along said West line, 30.00 feet to the Point of Beginning. This Instrument This Instrument This Instrument to Approved for Prepared by: be Returned to: Recording: Kenneth W. Wright, Esq. Joyce D. Suber ~,~ Shutts & Bowen Seminole County 20 N. Orange Avenue Engineering Suite 1000 520 Lake Mary Blvd.,, Orlando, FL 32801 Suite 200 ~7!~ !;'::-:ERING DIVeS!ON Sanford, FL 32773 A;~;:~':~ .'ED FOR RECORDING By: ::ab;ina N. O'Connor DATE'.-...~.I~ (~ C~ for the purpose of tying in and harmonizing said property and the driveways, walkways, etc., thereon with the construction to be undertaken by the County on Highway 46A - Phase II. In addition to all other common law covenants, this instrument contains the Covenant of Further Assurances. TItIS EASE1HF-NT is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above, and that all grading or sloping shall conform to all existing structural improvements within the limits designated, and all work will be performed in such manner that the existing structural improvements will not be damaged. THIS EASEMENT shall expire upon completion of this transportation project, but not later than three (3) years from beginning of construction. Signed, sealed and delivered in the presence of: WITNESSES: CITY OF SANFORD, FLORIDA, a municipal corporation Print na~: ~J~n,.q~ L-~ tA q't~rtu r' B~'T'FYE~.'SMITH Mayor 3~ No~ P~k Avenue S~ford FL 32771 Its City Clerk Print name: ~i~ ~r ~ s STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ;t5,h day of June, 1996 by BETTYE D. SMITH, the Mayor of the CITY OF SANFORD, FLORIDA, a municipal corporation, on behalf of said corporation. He~ is personally known to me or who has produced as identification. Notary Public, State of Florida Print Name: 'I);o~t. Crews Commission No. C-C..2'I q-t., I/~ My commission expires: C~4-O15-q7 (Notary Seal) .,,~';t~,,, D~sc.~ws Project: Highway 46A - Phase II Parcel: 157/757 Owner(s): CITY OF SANFORD, FLORIDA, a municipal corporation TAX PRORATION AGREEMF~NT DATE: June 21, 1996 SELLER: CITY OF SANFORD, FLORIDA, a municipal corporation BUYER: SEMINOLE COUNTY PROPERTY: Seminole County Tax Parcel 04~20~300-0030-0000 SELLER AND BUYER AGREE AS FOLLOWS: 1. The dosing of the above transaction was on the above date. 2. The Real Estate Taxes for the current year were estimatffl because the tax bill was not available at the time of closing. 3. The Real Estate Taxes shown on the Closing Statement are an estimate only. 4. When the actual bill is available, the parties will reprorate the taxes and any adjustments will be promptly paid from one party to the other as applicable. 5. Both parties will readjust any typographical error or mathematical error in the Closing Statement and any adjustment will be promptly paid from one party to the other as applicable. 6. The law office of Shutts & Bowen is not responsible for any such reprorations, adjustments or collections and is hereby indemnified against and held harmless from same by the undersigned Buyer and Seller. SELLER: BUYER: CITY OF SANFORD, a SEMINOLE COUNTY, a political municipal corporation subdivision Bettye ~. Smith, Mayor NOTE: Taxes for the year 1996 are prorated on the amount of $ 12.00 Per Diem: $ .03 Days: 173 Project: Highway 46A - Phase II Parcel: 157/757 Owner(s): CITY OF SANFORD, FLORIDA CLOSING AFFIDAVIT FIRST AIMFRICAN TITLE INSURANCE · COMPANY COMMITIWE~NT NO: FA-21-251970 (the "Commitment") STATE OF FLORIDA ) ) S.S. COUNTY OF SEMINOLE ) BEFORE ME, the undersigned authority, personally appeared the undersigned, BETTYE D. SMITH, Mayor of CITY OF SANFORD, FLORIDA, (the "Owner"), who being first duly sworn upon oath, depose(s) and say(s) that: 1. The CITY OF SANFORD, FLORIDA is the owner(s) of the following described property to-wit: See Exhibit "A" attached hereto and made a part hereof (the "Property"). 2. There are no outstanding contracts, including financing statemei~ts, either oral or written for the furnishing of any labor or material to the Property or the improvements thereon. 3. All labor, materials or services, if any were furnished, completed and in place not less than ninety (90) days prior to the date of this Affidavit, and all charges for any material or labor whenever furnished, have been paid in full, and the undersigned has not received notice from any materialman, laborer, or subcontractor, pursuant to the provisions of F.S.A. Chapter 713.06. 4. The Property is free and clear of all liens (including Mechanic's, materialman's or Laborer's Liens), encumbrances and claims of every nature, kind and description whatsoever, except for the lien of real estate taxes for the current year and subsequent years except for matters set forth in the Commitment. 5. There are no unpaid delinquent or otherwise outstanding taxes, special assessments or other liens or charges which are not shown as existing liens by the public records. 6. Except for that certain Lease with Seminole Club Inc. d/b/a Mayfair Country Club, dated March 11, 1981, the owner is in exclusive possession of the Property, 'and no other parties have any claim to possession of the Property. AFFIANT(S) do(es) hereby jointly and severally agree to indemnify and hold FIRST AMERICAN TITLE INSURANCE COMPANY (the "Title Company), Seminole County, a political subdivision of the State of Florida (the "County"), and Shutts & Bowen ("Counsel") harmless of and from any and all loss, costs, damage and expense of every kind, including attorneys' fees, which the Title Company, County and/or Counsel shall or may suffer or become liable for on account of reliance on the statements made herein, including but not limited to any matters pertaining to Title Company's title insurance policy and/or endorsement now to be issued with regard to the Property and any matters that may be recorded between the effective date of the Commitment and the time of recording of the instruments described in the Commitment creating the estate to be insured. DATED THIS ~5~h day of June, 1996. C1TY OF SANFORD, FLORIDA, a municipal corporation Bett;~.'Smith, Mayor SWORN TO and subscribed before me this~h day of June, 1996 by BE'FrY D. SMITH, Mayor of the CITY OF SANFORD, FLORIDA, a municipal corporation, on behalf of said corporation. She is personally known to me or who has produced ' as identification. Notary Public, Stdte of Florida Print Name: ~icXr~ Crex~s Commission Number: ee_ Commission expires: {3qt EXHIBIT "A" PARCEL 157 A parcel of land in Section 4, Township 20 South, Range 30 East, being a portion of that parcel described in Deed Book 31, Page 89 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Northeast coruer of the Northeast quarter of said Section 4 for a point of reference; thence run South 89°53'40" West a along the North line of said Northeast quarter 119.91 feet to the Southeast coruer of the Southeast quarter of Section 33, Township 19 South, Range 30 East; thence run South 89°50'22'' West along said Northeast quarter 1203.76 feet to the East line of that parcel described in said Deed Book 31, Page 89 and the Point of Beginning; thence run South 00°26'20" East along said East line, 184.50 feet; thence run South 89050'22.. West, 40.00 feet; thence run North 00026'20" West, 102.50 feet; thence run South 89050'22.. West, 291.51 feet; thence run North 76°39'53" West, 51.42 feet; thence run South 89°50'22'' West, 938.55 feet to the West line of said Deed Book 31, Page 89; thence run North 00026'20.. West along said West line 70.00 feet to the North line of said Northeast quarter; thence run North 89°50'22" East along the North line of said Northeast quarter 1320.00 feet to the Point of Beginning. ..~ PARCEL 757 A parcel of land in Section 4, Township 20 South, Range 30 East, being a portion of that parcel described in Deed Book 31, Page 89 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Northeast coruer of the Northeast quarter of said Section 4 for a point of reference; thence run South 89°53'40" West a along the North line of said Northeast quarter 119.91 feet to the Southeast coruer of the Southeast quarter of Section 33, Township 19 South, Range 30 East; thence run South 89050'22" West along said Northeast quarter 1203.76 feet to the East line of that parcel described in said Deed Book 31, Page 89; thence continue South 89°50'22.. West along the North line of said Northeast quarter 1320.00 fe~t to the West line of that parcel described in said Deed Book 31, Page 89; thence run South 00°26'20'' East along said West line 70.00 feet to the Point of Beginning; thence run North 89°50'22" East, 20.00 feet; thence run South 00026'20.. East, 30.00 feet; thence run South 89°50'22" West, 20.00 feet to the West line of that parcel described in Deed Book 31, Page 89; thence run North 00026'20" West along said West line, 30.00 feet to the Point of Beginning. Fast. Simple. First Union Loans Transaction Receipt Shown below are the Bank No., Transaction No., Date, and Amount of your transaction. 00440-i269 0070 998ii65i88 32~500.00 DEP JULOi,i?96 ii:ii All transactions are subject to proof, verification and.collection. 421055 (1000/pkg) .~.~~Dh ',dItH, LO ~ oo ~ SXV(1 ~.oloq p~qu,o~.ptn su ~lquI. ovaocrdq lP.~ spun3 os~q,L -~!sodop s.nl~ tu?x~ spunk, 3o ~.~!~e~!eA~ ~ Sm.~el~P ~:m