HomeMy WebLinkAboutTwistee Treat Unity of TitlePrepared by and return to:
Gary M. Kaleita, Esq.
Lowndes, Drosdick, Duster, Kantor & Reed, P.A.
215 North Bola Drive
Orlando, Florida 32801
Tax Parcel ID's: 24-37-14-00-520
2437-23-00-286
UNITY OF TITLE AGREEMENT
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THIS UNITY OF TITLE AGREEMENT is executed Nid"'qp — day o�Jund, 2016, by and
between MARTNI REALTY FUND, LLC, a Florida limited liability company, whose address is 5555
S. Kirkman Road, Suite 201, Orlando, Florida 32819 (hereinafter "Owner"), and the CITY OF CAPE
CANAVERAL, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral,
Florida 32920 (hereinafter "the City").
WITNESSETH:
WHEREAS, Owner is the owner of two (2) individual parcels of property within the City of
Cape Canaveral Florida; and
WHEREAS, the parcels are identified as tax parcel identification numbers 24-37-14-00-520 and
24-37-23-00-286 (collectively referred to herein as "the Property"), and were conveyed to Owner by
Special Warranty Deed recorded in Official Records Book 7621, Page 1480, Special Warranty Deed
recorded in Official Records Book 7621, Page 1482 and Special Warranty Deed recorded in Official
Records Book 7621, Page 1484, all of the Public Records of Brevard County, Florida; and
WHEREAS, these parcels of property lie contiguous to one another; and
WHEREAS, Owner has assembled these parcels to improve the property by constructing a single
structure on both parcels of property; and
WHEREAS, the City, as a condition of site plan approval, has required Owner to record this
Agreement to demonstrate unity of ownership and title in the above referenced parcels; and
WHEREAS, Owner and the City desire to have the parcels recognized by the City as one (1) lot
for development purposes under the City' s land development regulations; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt
and sufficiency of which is acknowledged by the parties, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated into this
Agreement by this reference.
2. The Property. Owner represents and warrants that it possesses fee simple title to the Property
identified in Exhibit A attached hereto (the "Property'):
Representations of Owner. Owner hereby represents and agrees as follows:
UNITY OF TITLE AGREEMENT
Page 1 of
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A. Owner agrees, as a condition of site plan approval, that the Property described in Exhibit
A of this Agreement shall be unified in ownership and title for development purposes upon recording of
this Agreement.
B. Owner further agrees to not sell, convey, or assign any interest in these parcels, which
would cause the loss of unity of ownership or title, without first obtaining the written consent of the City
of Cape Canaveral.
C. Owner agrees and consents that this Agreement shall be recorded in the office of the
Clerk of Circuit Court in and for Brevard County, Florida, and that all costs of recording shall be paid by
the Owner.
D. Owner agrees that the provisions of this Agreement shall be binding upon the heirs,
personal representative, successors and assigns of Owner. This Agreement shall run with the land.
IN WITNESS WHEREOF, MARTNI REALTY FUND, LLC has bereuuder set its hand and
seal the day and year first above written.
OWNER:
MARTNI REALTY FUND, LLC
a Florida limited liability company
By:
Randall R Hodge, Vi resident
STATE OF FLORIDA
COUNTY OFC)L(tAfS'R—
I HEREBY CEOORTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Randall R. Hodge, as Vice President of
MARTNI REALTY FUND, LLC, a Florida limited liability company, to me known personally to be
the person described in the foregoing instrument, or ❑ who has produced
as identification. He has acknowledged before me that he has authority
to execute this Agreement for the purposes set forth herein, and he did not swear an oath.
WITNESS my hand and official seal in the State and County last a relaid this day of hm ;
2016. z5uU
(Notary Seal) NO AR PUBLI
KELLY FROELICH
,•? MY G MISsX)n a FF919'!99 My Commission Expires:
EXPIRES Sagamaer 15, 2019
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Mn`Y OF'rrME AGaEEMENr
Page 2 of
0039773116r6t92200055v2
I 1 :1welard:
CITY OF CAPE CANAVERAL
a Florida municipal corporation
By:
Bob Hong, Mayor
ATTEST:
Mie Goforth, City Clerk
Approved as to legal form and sufficiency:
Anthony Garganese, City Attorney
UNITY OF TITLE AGREEMENT
Page 3 of 4
0039]]3,167MC 2 09955v2
EXHIBIT A
UNITY OF TITLE AGREEMENT
Page 4 of4
Overall Parcel
A portion of Section 14 and Section 23, Township 24 South, Range 37 East,
and a portion of that parcel described in Official Records Book 5112,
Page 377, and all of that parcel described in Official Records Book 7223,
Page 2981 Public Records, Brevard County, Florida, being more
particularly described as follows:
Commence at a nail and disk at the Southwest corner of said Section 14;
thence N89°43'371 -E, along the South line of said Section 14, a distance
of 56.21 feet, to the East right of way line of State Road 401(A -1-A) as
shown on Florida Department of Transportation Right of Way Map Section
70080-1516 and the POINT OF BEGINNING of the herein described parcel,
said point also being a point of intersection with a non -tangent curve,
concave Southwesterly, having a radius of 5,779.00 feet and a central
angle of 00°39115"; thence Northwesterly, along the arc of said curve to
the left, a distance of 65.98 feet (said arc subtended by a chord bearing
N33°52122"W, a distance of 65.98 feet), to the Southwest corner of that
parcel described in Official records Book 4328, Page 3848 and a point of
intersection with a non -tangent line lying 55.00 feet North of and
parallel with the South line of said Section 14; thence N89°39'36"E,
parallel with the South line of said Section 14, a distance of 375.76
feet, to the Southeast corner of that parcel described in Official
records Book 4328, Page 3848; thence S00°20'24"E, a distance of 55.00
feet, to the South line of said Section 14; thence S89°39'361 -W, along
said South line, a distance of 139.31 feet: thence S21°1215811E, a
distance of 171.24 feet, to The North right of way line of Church Lane;
thence S89°39'36"W, along said North right of way line, a distance of
160.00 feet, to said East right of way line of State Road 401 (A-1-A)and
a point of intersection with a non -tangent curve, concave Southwesterly,
having a radius of 5,779.00 feet and a central angle of 01*52'34"; thence
Northwesterly, along said right of way line and the arc of said curve to
the left, a distance of 189.23 feet (said arc subtended by a chord
bearing N32°36'28"W, a distance of 189.22 feet), to the POINT OF
BEGINNING; Containing 1.11 acres, more or less.
+w++++++xx**++ CLOSURE REPORT *********+**+*
Coordinate File: L:\Survey\JBCOGO\2015\15004B.CFW
Sequence of Described Points to POB: 2002 191
Length of Described Courses to POB: 56.21
Closing Line: S84"13'52"W 0.0012
Precision: 1 in 47,221
Sequence of Described Points: 191 Arc (RP 32) Left To 218 217 190 191
Length of Described Courses: 836.05
Closing Line: N37"05139"W 0.0137
Precision: 1 in 61,174
********** NON -TANGENT CURVE REPORT +xx++++xx
A Non -Tangent Line -Curve Intersection was described at point 191
A Non -Tangent Curve -Line Intersection was described at point 218