HomeMy WebLinkAboutResolution No. 2016-03 ( fully executed and recorded) CFM 2017082255,OR BK 7870 PAGE 825,
Recorded 04/20/2017 at 03:38 PK Scott Elvis,Clerk of Courts,
Brevard County
#Pgs:32
RESOLUTION NO. 2016-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
PROVIDING FOR TWO SEPERATE DIVISIONS OF LAND
RELATED TO TWO ADJOINING PARCELS OF LAND
LOCATED ALONG ASTRONAUT BOULEVARD AND
OWNED BY ROBERT A. BAUGHER, TRUSTEE, AND
KYRIACOS J. LAGGES AND MARIANTHI LAGGES,
TRUSTEE FOR PURPOSES OF ADJUSTING PROPERTY
BOUNDARIES FOR FUTURE DEVELOPMENT PERMIT
PURPOSES; PROVIDING FOR UNITY OF TITLE
AGREEMENTS TO ESTABLISH NEW LOTS OF RECORD
FOR DEVELOPMENT PERMIT PURPOSES; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution,to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Robert A. Baugher, Trustee (hereinafter`Baugher") is the owner of certain
real property located adjacent to Astronaut Boulevard which has a Parcel Identification Number of
24-37-15-00-00752.0(hereinafter referred to as`Baugher Property"); and
WHEREAS,Kyriacos J. Lagges and Marianthi Lagges,Trustee (hereinafter"Lagges") is
the owner of certain real property located adjacent to Astronaut Boulevard and adjacent to the
Baugher Property which has a Parcel Identification Number of 24-37-15-00-00778.0 (hereinafter
referred to as"Lagges Property"); and
WHEREAS, Lagges has submitted to the City a site plan application to construct an
expansion of the existing commercial parking lot on the Lagges Property to accommodate a
restaurantibar expansion and tenant demands located and operating on the Lagges Property; and
WHEREAS,because Lagges' proposes to locate the parking lot expansion on a portion of
the Baugher Property, Lagges and Baugher have privately agreed, in furtherance of the Lagges'
site plan application and other mutual interests,to adjust the boundaries of the Baugher and Lagges
Properties by splitting and conveying to the other a small portion of their property for future
development purposes; and
WHEREAS, the City Council desires to recognize the aforesaid two lot splits and the
adjusted boundaries agreed to by Baugher and Lagges for future development permit purposes
including,but not limited to,the City's approval of the site plan application submitted by Lagges;
City of Cape Canaveral
Resolution No.2016-03
Page 1 of 4
and
WHEREAS,the two lot splits and adjusted property boundaries agreed to by Baugher and
Lagges are more particularly depicted and legally described herein; and
WHEREAS,the City Council of the City of Cape Canaveral finds that this Resolution is in
the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY RESOLVES,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Recognition and Approval of Lot Split, Unity of Title.
(a) Subject to the conditions stated below, the City Council hereby recognizes and
approves for future development permit purposes, the two divisions of the real property generally
located along Astronaut Boulevard, and legally described in"Exhibit A" (hereinafter the"Lagges
to Baugher Lot Split") and Exhibit "B" (hereinafter the `Baugher to Lagges Lot Split"). Said
Exhibits are attached hereto and fully incorporated herein by this reference.
(b) The Lagges to Baugher Lot Split comprising of approximately 0.03 acres, more or
less, shall no longer be considered part of the Lagges Property for development purposes upon
conveyance of said property to Baugher.
(c) The Baugher to Lagges Lot Split comprising of approximately 0.15 acres,more or
less, shall no longer be considered part of the Baugher Property for development purposes upon
conveyance of said property to Lagges.
(d) As a condition of the two lot splits recognized and approved by this Resolution and
Lagges pending site plan approval for the expansion of the commercial parking lot, Baugher and
Lagges shall each be required to execute and record in the Official Records of Brevard County,
Florida, a Unity of Title Agreement,which will provide as follows:
(1) Lagges' Unity of Title Agreement shall aggregate the remaining portion of Lagges
Property (existing Tax Id. Property 24-37-15-00-00778.0 less the Lagges to Baugher Lot Split)
with the Baugher to Lagges Lot Split for purposes of creating a new lot of record for
development permit purposes. The new lot of record is legally described and depicted on
Exhibit "C," which is attached hereto and fully incorporated herein by this reference.
(hereinafter the"New Lagges Lot").
(2) Baugher's Unity of Title Agreement shall aggregate the remaining portion of
City of Cape Canaveral
Resolution No.2016-03
Page 2 of 4
Baugher's Property (existing Tax Id. Property 24-37-15-00-00752.0 less the Baugher to Lagges
Lot Split) with the Lagges to Baugher Lot Split for purposes of creating a new lot of record for
development permit purposes. The new lot of record is legally described and depicted on
Exhibit "D," which is attached hereto and fully incorporated herein by this reference.
(hereinafter the"New Baugher Lot").
The Unity of Title Agreements required by this Section (d) shall be fmalized by the City
Manager and City Attorney in a form substantially similar to the form attached hereto as Exhibit
«E.»
(e) Upon recordation of this Resolution and Unity of Title Agreements in the Official
Public Records of Brevard County, Florida, the New Lagges Lot and the New Baugher Lot shall
each be deemed a lot of record for development permit purposes within the City of Cape Canaveral
pursuant to applicable law.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed
to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Resolution.
Section 5. Instructions to Staff. The City Clerk in consultation with the City Attorney is
hereby directed to record this Resolution in the Official Public Records of Brevard County,Florida
at such time the fully executed and recordable Unity of Title Agreements have been delivered to
the City by Lagges and Baugher. At such time, the Community Development Director is hereby
directed to modify city maps and documents to reflect the new lots approved herein upon
recordation of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral. However,the Resolution shall not be
binding upon the affected properties described hereunder until recorded by the City in accordance
with the requirements of this Resolution. If the Unity of Title Agreements are not delivered to the
City in executed and recordable form within ninety(90) days of the adoption of this Resolution,
this Resolution shall automatically be deemed null and void.
[Signature Page Follows]
City of Cape Canaveral
Resolution No.2016-03
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 22nd day of
March,2016.
Bob Hoog, Mayo
For Against
John Bond Motion
Mike Brown R
Bob Hoog x
Brendan McMillin Second
Betty Walsh
ATTEST' Q3 4> -'
NLa Goforth
City Clerk
Approved as to legal form and sufficiency for
the City ape Canaveral only:
ANTHONY A.GARGANESE, City Attorney
City of Cape Canaveral
Resolution No.2016-03
Page 4 of 4
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a, SKETCH AND ACCOMPANING LEGAL DESCRIPTION LEGAL OESCRIPTIOM'
IN A PORTION OF SECTION 15. TOWNSHIP 24 SOUTH. Parcel No. 1(os prepared)
RANGE 37 EAST. BREVARD COUNTY. FLORIDA A portion of that Particular parcel of land as
described in Official Records Boo 3350, at
paG_ Paye 4104 of the Public Records of Brevard
5 STATE ROAD A-1—A INMR=TMN Camp Florida and more particularly described
W THE SMITH LINE ar SECTION IS. as loaows
WCs7
(A.K.A. ASTRONAUT BLVD.) S? .f1-a7-E
' R t� WWt.INE I;T 1[ awp A"t-A/� Commence at the Intersection or the West right
1 OOof line of State
VESTERLY R/V LINE �W w • Astronaut Boulevard. and the South boundary
N37'21'10•V 21805' a41s N37'21'10-V 155.00' / line of Section 15. Township 24 South. Rang*
37 East, Brevard County. Flertdo, thence run
r` l Jvpe N37-21'20-W along the West right of wary fine of
(^ u� 02 f State Rood A-1-A o 00
Adistance of 1.5 .00
1 ,rL feet; thence run N 897r20'W, poraliel to the
II A ,t South of sold Section 15, a distance of 70.08
(Z f��91 j feet to the Point of Beginning: thence run
w TAX PARCEL POINT OF BEGINNING ,' NS216'IVW. a distance of 105.04'; thence run
N37.2ZWW, a distance of 35.13: thence run
��Ln NO. 767 ` 552.37'51'W, a distance of 33.08';thence run
N37'21'10'W, a distance of 74.03: thence run
y TAX PARCEL 589'27 20E, o distance of 177.65 to the po
I0.n tO" 3 f ti of Beginning. Sold parcel contains 6400.73
POL
^^ NO. 752 equate feet, being 0.15 acres more or less.
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go.Oren not to be used as a field serve
N37 21 10 W S52.37'51'W / 0e:pr;t,WXM Y.
^h2 • 33.98• °Wr.rpm FLOOR 2.7he bsarings shown are based on the deed of
f74.03' ! WMeiuru record and moy not be a true Nath Asimuth.
s4 - IncOWaornc"crew 3. Unless othewies noted only plotted casements are
I 4f -CAPM SON Rao shown hereon.
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: SKETCH AND ACCOMPANING LEGAL DESCRIPTION LEGAL DESCRIPTION:
IN A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, Parcel No. 4(as prepared) +
RANGE 37 EAST, BREVARD COUNTY, FLORIDA A Portion of that Particular parcel of lona as
described in Offidol Records Book 3359, of Paye
0 4184 and Official Records Book 5456, of Pogo 7625
of the Public Records of Brevard County, Florida and
STATE ROAD A-1-A Pao._ more Particularly described as follow; Commence at
(A.K.A. ASTRONAUT BLVD. INTEUM11M the Intersection of the West right of way We of
Or T1[SOUTH LINE Or SECTION 15. State Road A-1-A, aka Astronaut Boulevard and
100' R T-R4-s.R-37-C
VEST R/V LIK STATE RMD A-1-4the South boundary line of Section 15, Town" 24
VESTERLY R/W LINE ���/ South Range 37 East. Brevard County. Florida.
44.15' —"� thence run N37'21'20-W along the West right of ray
S37.21'10'E eI9.83' N37'21'10' 1344.15' ,t INe of State Rood A-1-A o distance of 1544.15
POINT OF BEGINNING L feet to lM Point of Beginning; thence run S
-0/.4 5296'1519. o distance of 161.61 fast; thence run
'p, N37 22'09'W, a distance of 3f113 feet; thence tun
U? �Z^ SS2'37'51'9, o distance of 33.96 feet, thence run
TAX PARCEL ° / TAX PARCEL N37.21'109Y, a distance of 184.22 fact, thence run
h N0. 767 N0. 752 ,( N5237'51'E, a distance of 33.96 feel; thence run
n fi S3722'09'f, o distance of 35.13 feet; thence run
N5238'501E, a distance of 198.73 feet to the
/ y aforesaid West right of Troy line of Stole Road
Z d) A-1-A; thanes run S37Zlong 1'10'E, asaid West
/ right of way line. a distance of 218.85 feet to the
W w Point of Beginning. Said parcel contains 41.832.34
PARCEL14 n
lJ u vi
v square feet. being 0.95 acres more or Is".
0 41,832.34 S0. FT. 40, y 4. /
I n � 0.96* ACRES , -•g
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EQEn9
AL
jaijR1=- ' etlueldAl SURVEYOR'S REPORT:
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u* 36,13' .. W:ca"CREWKto 1.This sketch Is for informational purposes only and is
0e-KM eooe not to l7e used as o field survey.
■a.E"IM
N 7• '0'V 84.22' n:rest FWM2. mThe bearlogs shown are based on the deed of
S52'37'51'W , �nftoe"s record and oy not be a true North Atknuth.
em -,=mace orastic 111A VAN
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3. t=ips otherwise noted only potted easements are
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%FID"ortrnont of Agrk Ad.r.end O 5.rde..M chapter 34-15.05, MOJECI f lots-rn vAsetl_�
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SKETCH AND ACCOMPANING LEGAL DESCRIPTION LEGAL nesca7Pnav:
.ssf4as7
IN A PORTION OF SECTION 1%TOWNSHIP_�4 SOUTH, Parcel No. 3(as prepared)
RANGE 37 EAST, BREVARD COUNTY, FLORIDA A portion of that particular parcel of land as
STATE ROAD A-7 Adescribed In OfficialRecords Book 3359, of Page
5 IIID- 4184 and Official Records Book 5456. at Page 7625
(A.K.A. ASTRONAUT BLVD.) WEf 171ON of the Public Records of Brevard County. Florida and
OE TIE M.
LIR[ Ot SECTION Is, more particularly described os follows:
100' R/W 7-s4-s,ft-777-E
VEST RN LIK ST TE ROAD A-1-4 Commence at the Intersection of the West right of
WESTERLY R/W LINE Bway line ouf
Boulevard. and the South boundary line offSction
M37'2l'10'G 218.85' 44.15 S37.21'10'E 194.15' N37.21'10'W 135000'/ 15. Township 24 South. Range 37 East, Brevard
County. Florida, thence run N3771'10"W dong the
POINT OF BEGINNING West right of way line of Slate Road A-1-A a
r, distance of 1350.00 feel to the Point o1 Beginning:
Iin thence run N 89'27'20'*, parallel to the South of
TAX PARCEL TAX PARCEL 1 sold section 156 a distance of 300.00 feet; thence
run N37'21'10'W. a distance of 150.00 feet; thence
' NO. 767 NO. 752 f run S89'27'20'E, o distance of 50.00 fast, thence
run S37.21'201E, a distance of 74.03 lest. thence
l • run N5297'51'E. a distance of 33.98 feel; thence
` / ran S3722'091E, a distance of 36.13 feet; thence
I TAX run N5216'15-r, a distance of 105.94 feet to the
v W. PARCELM3 76EL � aforesaid West right of wa?r line of Stale Rona
/ N v 30.106.65 S0. FT, A £ d sold
-1-A; thence run S37 t t0' , West
(� 9 0.691 ACRES �/ right of way line, a distance o1 194.15 feet to the
Point Of Beginning. Sold parcel contains 30,106 65
I14 / • -+ A, squwL feel, being 0.69 acres more or less.
cu o ® Z ^20 p�,y ��C1
I AlAS
h
S37.22'09'E
36,13 KM of te used as ofleldwow
•'""`""r S11iYL1C4R��REPORT:
a
Q + tW 1. o binformational
lyurposes only and'u
•D[Eb
1A. ,v S37.21'10'E N52'37'51'E t'Ir:1»e,•trrLioo• 2.7h@ bearings shown are bosed on the deed of
v �r� 74.03' 33.98' r" record and may not be a true Nath Azimuth.
' w tAtro,vu wAc 3. Unless otherwise noted only platted easements are
as .WPM eon A00 shown hereon.
N3T•21'10.W 150.00
putty or.WAS,
cr41VEY cYylEdS � -�'_ .--�..� O
.host are EessaTAX PARCEL N rxrxm or.ase. £
•-IMP Pr NO. 767
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CMKD AREA 1 Aw•by cw tlly gat tp1E nervy m••t•N• IyREEY Wll:fl/.lq/10 �r
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■ .r"D CONCKU IIONUMM 40 20 0 40 !hoes(321)SWAM RMAID.
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so MIS'HIM REW tB/7s7s
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Resolution No.2016-03
Exhibit"E"
WHEREAS, Owner and City have agreed to record this Agreement to recognize that the
Owner will have unity of ownership and title in the New Parcel;and
WHEREAS,Owner and the City desire to have the New Parcel 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
New Lot which is legally described on Exhibit"C."
3. Representations of Owner. Owner hereby tents and agrees as follows:
A. Owner agrees,as a condition of future development permit applications submitted
to the City, that the New Lot described in paragraph 2 of this Agreement, upon
recording of this Agreement, shall be unified in ownership and title for
development purposes.
B. Owner further agrees to not sell, convey, or assign any interest in the New Lot,
which would cause the loss of unity of ovmership or title, without first obtaining
the written consent of the City of Cape Canaveral. Nothing herein is intended to
prohibit or restrict the Owner from selling,conveying or assigning the New Lot as
a unified parcel of land or encumbering the New Lot with easements or other
interests in land that do not cause loss of unity or ownership of title.
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.
[Signature pages follow]
UNITY OF TITLE AGREEMUNT
City of Cape Canaveral/
Page 2 of 4
Resolution No.2016-03
Exhibit"E"
IN WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
OWNER:
Print Name/Title:
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State
and County aforesaid to take acknowledgments,personally appeared
a to me known personally to be the persons described in the foregoing instrument,or a who
have produced as identification.
WITNESS my hand and official seal in the State and County last aforesaid this
day of 02016.
Notary Public
My Commission Expires:
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/
Page 3 af4
Resolution No.2016-03
Exhibit"E„
THE CITY:
CITY OF CAPE CANAVERAL,
a Florida municipal corporation.
ATTEST:
Robert Hoog,Mayor
Angela Apperson,MMC
City Clerk
Approved as to legal form and sufficiency for the City only:
Anthony A.Garganese,City Attorney
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/
Page 4 of 4
' ^ oaf � Attachment to
lJl Resolution No.2016-03 n
!� X 3c�LG cFN 2W700B9.OR BK 7849 PAGE 2922.
V i � dL
Br� �y !2017 at 1232 PK Scott Ern.qak of Cojft.
tt Pgs:7
Prepared by and return to:
Anthony A.Garganese
City Attorney of Cape Canaveral
PO Box 2873
Orlando,Florida 32802
(407)425-9566
Tax Parcel Id: 2437-15-00-00-778.0
UNITY OF TITLE AGREEMENT
THIS UNITY OF TITLE AGREEMENT is executed this 21st day of
March . 2017, by and between KYRIACOS J. LAGGES a/k/a CHARLIE L
LAGGES and MARIANTHI LAGGES a/k/a MARIAN LAGGES, Trustees of the
KYRIACOS J. LAGGES and MARIANTHI LAGGES REVOCABLE FAMILY TRUST
dated June 23, 1992 ("Owner"), whose post office address is 2210 S. Atlantic Avenue, Cocoa
Beach, Florida; 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 owns a parcel of land located within the jurisdictional limits of the
City of Cape Canaveral which is identified as tax parcel identification number 2437-15-00-
00752.0("Existing Parcel"); and
WHEREAS, Owner conveyed, by Warranty Deed recorded at Brevard County Official
Record Book 7764, Page 83, a small portion of the Existing Parcel (.03) acres more or less to an
adjacent property owner,which is legally described in Exhibit"A"("Conveyed Property");and
WHEREAS, Owner acquired, by Warranty Deed recorded at Brevard County Official
Record Book 7764, Page 81, a small portion of property(.15) acres more or less from the same
adjacent property owner,which is legally described in Exhibit"B"("Acquired Property');and
WHEREAS, Owner desires to adjust the boundaries of the Existing Parcel to account for
the Conveyed and Acquired Property in order to have the City recognize and approve a new lot
of record for future development permit purposes;and
WHEREAS, the new lot of record is legally described in Exhibit "C" and comprising
approximately(0.96) acmes more or less("New Lot"); and
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/Lagges
Page 1 of 4
Attachment to
Resolution No.2016-03
WHEREAS, Owner and City have agreed to record this Agreement to recognize that the
Owner will have unity of ownership and title in the New Parcel; and
WHEREAS,Owner and the City desire to have the New Parcel 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. R_ 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
New Lot which is legally described on Exhibit"C."
3. Representations of Owner. Owner hereby represents and agrees as follows:
A. Owner agrees, as a condition of future development permit applications submitted
to the City, that the New Lot described in paragraph 2 of this Agreement, upon
recording of this Agreement, shall be unified in ownership and title for
development purposes.
B. Owner further agrees to not sell, convey, or assign any interest in the New Lot,
which would cause the loss of unity of ownership or title, without first obtaining
the written consent of the City of Cape Canaveral. Nothing herein is intended to
prohibit or restrict the Owner from selling, conveying or assigning the New Lot as
a unified parcel of land or encumbering the New Lot with easements or other
interests in land that do not cause loss of unity or ownership of title.
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.
[Signature Pages Follow]
UNITY OF TULE AGREEMENT
City of Cape Canaveral J Lagge s
Page 2 of 4
Attachment to
Resolution No.2016-03
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their
duly authorized r------ ntatives as of the date first written above.
Kyriacos J.Lagges arli J.Cagges and
Marianthi Lagges a/k/a Marian Lagges,Co-
Trustee of the Kyriscos J.Lagges and Marianthi
Lagges Revocable Family Tract, dated June 23,
1992
K cos J.Lagges a/k/a Charlie J.Lagges and
Marianthi Lagges a/k/a Marian Lagges,Co-
Trustee of the Kyriacos J.Lagges and Mariandd
Lagges Revocable Family Trust,dated June 23,
1992
WITNESSES:
Print name:
Print name:
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State
and County aforesaid to take acimowledgments,personally appeared Kyriacos J.Lanes a/k/a
Charlie J.Lagges and Marianthi Lagges a/k/a Marian Lagges, Tnistees ofthe Kyriacos J. Lagges
and Marianthi Lagges Revocable Family Trust,dated June 23, 1992 Wto me known personally
to be the�described in the foregoing instrument,or 13 who have produced
e2 a'- as identification.
WITNESS my hand and official seal in the State and County last aforesaid this
day of .eecrf .2017. _
E", Connnnission
h11F:GOFORTHLary Public
ary Pu61ic-Stato of Florida
omm.Expires May 16,2017 My Commission Expires:
# EE 866939
ed Through National of
Assn.
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/Lanes
Page 3 of 4
Attachment to
Resolution No.2016-03
THE CITY:
'�`i�^�:;,�;►`.4 CITY OF CAPE CANAVERAL,
a Florida municipal corporation.
ATTHSTf
"jr Bob Hoog,Mayor
City Ci ,,tl,') „� AW
A7gal form and sufficiency for the City only.
Anthony rGarganew,Chy Attorney
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/Lagges
Page 4 of 4
Attachment to
Resolution No. 2016-03
SJMTCH AND ACCOMPAMNG LEGAL DESCRIPTION
LEGAL DESCRfP710N:
\
IN A POR710N OF SECTION 15, TOWNSHIP 24 SOUTH,
Panrel Na 2(os prepared)
RANGE 37 EAST, BREVARD COUNTY, FLORIDA
Commence at the intersection at the west right
of way line of State Rood A -1-A, o k o
STATE ROAD A -1—A
Astronaut Boulevard, and the South boundary
line of Section 15. Township 24 South, Rape
(A.K.A. ASTRONAUT BLVD.)
37 East. Brevond County. Florida. thence run
100' R/W pdt_ %
H37 -21.20-W long the west riot of way line of
]YR Tipl
State Road A -1-A a distance of 1300 W feet
Cr 7W 2OUT14 LOW Or =rit71 e3 /
to the Point of Begirrift thence run N
S37.21'10'E Vfs-374
T R/V Llli era'[ ROAs A -1-A
M2720'w. parand to the South of odd
VESTERLY R/V LIE 44.15' `�� J
Section 15, a distance of 7098 feet; thence
N37'2170'V 23e83' - �:5M.00'
run H52'I6'1YE, a distance of 55.37 to the
N97.21'10'V
aforeeald west right of way sne of State Rood
W?
POINT OF BEGINNING /
A -1-A; thence run S372l'10'E, along sold west
IN
n
n C
'" V) it /
right of way line a distance o1 44.15' to the
1226.75
� `�
Point of Beginnlno. Sold oared contains
,., bi q�
square fest. being 003 acres more or Ises
' Z
®
PARCEL112 /
in
W
z ?� 1226.73 S0. FT /
TAX PARCEL Z 0153 ACRES
j in
N0. 767 /h
2 t
o:� P t
r . an ere
�a n
'� TAX FaRZE _
x
/zo N0. %52 ��'
�=OWM OM
_ rid
Z_ in
�l (�
B - �OURe a a�cape �arrueMr
1 J
/ + 'N-* 5� ! Lemli.
0'9 rul 110M After ���w
ISA
pq
,ta' _Mao am a
Qv /�� osawm
s S RFAORT:
I
/`r- �
Ot' v =
z
Z�
` / rsMot
/ v4y
1 This sketch Is for informational purposes only and to
not to M used as o field survey.
`Ao• '
2 The bearings shown are based w the deed of
record and may not be o true North A*nuth.
- " "�
srmrs retnda am
3. Unless other win noted only plotted easements am
hereon.
as - WM roe nay
shown
DRAM sr. wro q
acrd® W. 111 e
SCAM C - fie'
/ • -veer candy Wiwi sus .AMy ,neru err suRvtN VAIL "~5 -
pift. am Willi M.
M-^ 6"MOM iu d �Vie►Irr O
IilttsgAtl.e�TA St1Mi W-tloc q-
f sots -in PAIMM -39-O'k,"540�Lvd
wa.rtrr.r>ltmw P.
40 20 uiiCL4=
"r�ROM`Y
W #04=0n M ri po" a err.
>,wr rarrte
sit roe rs TOM"s< RANK r
Attachment to
Resolution No.2016-03
SKRM AND ACCOHPANING LEGAL DESCRIPTION LEGAL 17ESCM10110M
IN A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, / Pared No t(as prepared)
x1k
RANGE 37 EAST, BREVARD COLNTY, FLORIDA A portion of that particular parol of lend as
deaalbed
in Official Roca a 9eak 3359, at
Pop 4164 of the Public Records of IN ova
• STATE ROAD A-1—A 'R T 0+ Cauntx Florida and mon particularly described
rt 26T.i.tis Q SIECTM%4l aos fallen
(A-KA ASTRONAUT BLVD.) r_" %•o .,%c v
� • Sr4:t RWA-1-11 CommenceCommencere
at the tntaaetbn Of the Meat right
WC97MY 1vW L1K 100 R/W of way hie of State Roos A-1-A. Oka
IW'tf'1W bR i 443tth boundary
Iri7'Ot'19'V / lin�o�ofwSeatlan 115. T d. and the enahip 24 SoutK ROMP
37 East. Brevard County. Rerida. thence run
n i AA� XV"21'20'w d the Mert t of +or Mee of
I Ia°N`7i / State Rood A-1r al 00
a divimnce of 1.500
hes; thence nm N 8927'20'W. pordld to the
.Z ( q South of said Section 15, a distance of 70 96
/��Q lost to the Point of 809Yning thence run
PMNT OF BEGINNINGN5210'15'Tf, o distance of 103.94'; thence run
W TAX PARCEL ! N37.22•o9'M, a distance or 39.13; thence run
NO. 767
59237'51'M• a distance of 33•t10';tlhOM nm
U r /
OC N37Z1'10'fl, 0 distance Of 74.03; thence run
TAX -—?-E' :- SM'27'20'E, a dhtonce of 177.93' to the
1 X^ ^b NO. r!_,2
a .. ` �- o�w�^�M"Cis ecrru contain64M
or&m
1,—a ZD 0 %-Q 4sueM-MUM
am ON um
/ '` 0.rear PW
wall
I J 241/ L AM Lem
y A L`V� a eros _
_ PARCEt_111 _7 ®
carom AM
I~�00 .2 649L73SQ. FT , "s
Z O ��ol 013* ACRESI/v� !-:rnou'i°oaW�s1R Ma W W
F4,19Mo •;Duro ooMoe uoeeoorr
' N37.22'09'W /,``r "o'.�eu10B""ar O rhon u,. 'AN Meso ukomm
36.13' , OJ seeaens SURVEYOR'S REM&- �os
ILj arae•araiehs roar 1 Mils shatth U for inforlIto lland puryowes ady a^•. .
_e� N37.21'10'W S5,-'37'51'W m:�sVA. net to w„esd as a Mid twrwy
17 74.03' 33.98 :=°°m 2.Tne heorags shown are boned on the dead of
record and may not be a true North Aalmuth
=taw saaVOr101 Mol 1 Union otharrbe noted only platted easements are
ah-a la rm anoen harem
Q 0�` come w:ran
*ti
W / strut r.4e
r newer snw>rear I—%ew wwhar VAIs:n/sps
♦
0
1• Lrlere or ureew «�Ier+.ev Wo
v h / 1tsAtostRti tlsrtev sweep w W-is all twat l 7sls-419 rwrn_j
�'^� IItIs�AdbachGrleadMlo9f u Q
� hawtRtlrles/,14.ILflte e��• 40 20 0 40 nem,gM1M��s'n7t
4Fie :... ,,,, •r..� arcaoM is Tawas 24 Dere 37
Attachment to
Resolution No.2016-03
SKETCH AND ACCOHPAMG LEGAL DE.9CRIMON
IN A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, Pored No 4(as prepared)
RANGE 37 EAST, BREVARD COUNTY, FLORIDA A portion of that particular Porcw of land are
desaribed In Official Records Boot 3350.at Page
e 4184 and OM" Reearda Bock 5480. at Pop 7625
of the Public Records of Brngrd County, Fldrhdo and
STATE ROAD A-1-A PAC, mon particularly described as follows: Commence at
the tntenacti0n d list Moet right of Vol one of
(A.K.A. ASTRONAUT BLVD-) Or TM SOM LIK is slsnal h6, State Rood A-1-A. a k a Astronaut Boularard, and
T-06-2.1-77-L
100• R//^w WCXT Rev IDC STATE 100 0,-l-& South.
South boundary tof SeeUon 1S, Floi Township 14
WESTERLY R" LIh1E �! Sank Ronga 37 East,
rd B►6■oCounty. ikfrld0,
S37'1t170'E g99;1• �•!3' fQ7.21'.0.1 154415' thence run N37?t'20'W along the Mbl right of soy
line of State Road Ml-A o distance of 154413
POINT OF BEGINNINC �,b / / feet to the.Paint d Beginning; thers
52�e'IS7, o distance of 161 s1 fief: thence run
N3722'090%a distance of 36.13 feet' theme run
in /� SS1'37'51 w a Distance of 33 are het. thence run
TAX PARCEL i° /, TAX PARCEL / N37'21'IM o distance of 18412 feet thence ran
N0. 752 N52.37.51'E, a distor" of 33.98 feet: thence run
NO, 767 i S3772'Oq'E, o d1t1 as of 36 13 •slit; thence run
^ N5270'SO'E,a distance of 196.73 fat to the
ofarseoid Creel right of aoy time of Stale Road
H A-1-A; thence run 43721104, along 6046 Watt
/ right of viol Wee, a distance of 218.85 bet to the
/ W, Point of Beginning. Sold Parcel contains 41.8.72.34
ci
%§ W 41A32.34 S0. FT. ,r � ` s4iu� fact tg 096 Dern more v lees
19
IL In 0.961 ACRES / aj
SIL a
z /. � z f a
x
In / ` 101/10 `IF
cs ee wl slllllfEYOR's�T-
of /. N37.22'09'V / UPC-oftcwv 1 This akatdn is far inforrnctienot purposes orgy and is
C3
/ 3613' �rlt sw ease not to be used as a fiald survey.
r 7•a \ /S aa�r• w 2 The headings sheen are based on the deed of
S •37'Sl'V / eo. - K,� 19001d and'noy not be o true North Asarwth.
33.98' a i;anise 3. Unless otherwise noted any plated easements we i
I / an .ratan see go shown herQan
�1 a11111r1 67:V Q
! cKoes 1M.inc
�L / soQc t'.W
Is.soar
tom.COMM area / 1 vine r`q~"or luster ata"/A^%
---a oar nai !fa»wo W=t
ser seer b r•a
ILSAraesd.7altes12 mss w asad• PSOMM +3ee-410.wcn-4
�.�tlfOrlf(NOW � 1rSkg;Aeies lAltS4lOss w b �
I pall
wa+ 40 20 0 40
tM�ter tJL>agml0Uleteps7lTs mo:
,r re a�w faller acnh D TOM~ 24 ROM 37
Prepared by and return to:
Anthony A. Garganese
City Attorney of Cape Canaveral
PO Box 2873
Orlando, Florida 32802
(407) 425-9566
Tax Parcel Id: 24-37-15-00-00752.0
Attachment to
Resolution No. 2016-03 1
CFN 20170090, OR BK 7849 PAGE 2929.
Br� Cour* 7 at 12:32 PK Scott EL, Clerk d Casts,
# Pgs:7
s -0 _u_h-
THIS UNITY OF TITLE AGREEMENT is executed this U s t: day of
March - 2017, by and between ROBERT A. BAUGHER, TRUSTEE ("Owner"),
whose post office box address is 2210 S. Atlantic Avenue, Cocoa Beach, Florida; and the CITY
OF CAPE CANAVERAL, a Florida municipal corporation, whose address is 105 Polk Avenue,
Cape Canaveral, Florida 32920 (hereinafter "the City 1.
WITNESSETH:
WHEREAS, Owner owns a parcel of land located within the jurisdictional limits of the
City of Cape Canaveral which is identified as tax parcel identification number 24-37-154)0-
00752.0 ("Existing Parcel"); and
WHEREAS, Owner acquired, by Warranty Deed recorded at Brevard County Official
Record Book 7764, Page 83, a small portion of property (.03) acres more or less from the same
adjacent property owner, which is legally described in Exhibit "A" ("Acquired Propertn; and
WHEREAS, Owner conveyed, by Warranty Deed recorded at Brevard County Official
Record Book 7764, Page 81, a small portion of the Existing Parcel (.015) acres more or less to an
adjacent property owner, which is legally described in Exhibit "B" ("Conveyed Prope tyll; and
WHEREAS, Owner desires to adjust the boundaries of the Existing Parcel to account for
the Conveyed and Acquired Property in order to have the City recognize and approve a new lot
of record for future development permit purposes; and
WHEREAS, the new lot of record is legally described in Exhibit "C" and comprising
approximately (0.69) acres more or less ("New Lott; and
WHEREAS, Owner and City have agreed to record this Agreement to recognize that the
UNITY OF TITLE AGREEMENT
City of Cape Canaveral / Robert A. Baugher, Trustee
Page 1 of 4
Attachment to
Resolution No.2016-03
Owner will have unity of ownership and title in the New Parcel; and
WHEREAS, Owner and the City desire to have the New Parcel 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
New Lot which is legally described on Exhlb
3. Repreamtsi ons of Owner. Owner hereby represents and agrees as follows:
A. Owner agrees, as a condition of future development permit applications submitted
to the City, that the New Lot described in paragraph 2 of this Agreement, upon
recording of this Agreement, shall be unified in ownership and title for
development purposes.
B. Owner further agrees to not sell, convey, or assign any interest in the New Lot,
which would cause the loss of unity of ownership or title, without first obtaining
the written consent of the City of Cape Canaveral. Nothing herein is intended to
prohibit or restrict the Owner from selling, conveying or assigning the New Lot as
a unified parcel of land or encumbering the New Lot with easements or other
interests in land that do not cause loss of unity or ownership of title.
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 Agmement shall be binding upon the
heirs, personal representative, successors and assigns of Owner. This Agreement
shall run with the land.
[Signature pages follow]
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/Robert A.Baugher,Trustee
Page 2 of 4
Attachment to
Resolution No.2016-03
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
OWNER:
WITNESSES:
VVB BAUGHER,TRUSTEE
t name: C ,So�T.Y ugher,Trustee
t name: % m pow
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments,personally appeared Robert A. Baugher, Trustee
0 to me known personally to be the persons described in the foregoing instrument,or o who
have produced N/A as identification.
WITNESS my hand and official seal in the State and County last aforesaid this
day of /iIA�H . 2017.
Daniel Roy LeFew _e14:
*)NOTARY PUBLIC Notary Public
STATE OF FLORIDA ,/
C'0nvO FFM"23 My Commission Expires: Pp-U24
Exorn 4120/2020
UNITY OF TITLE AGREEMENT
City of Cape Canaveral/Robert A.Baugher,Trustee
Page 3 of 4
Attachment to
Resolution No.2016-03
THE CITY:
CITY OF CAPE CANAVERAL,
a Florida unicipal corporation.
ATTEST:
It Bob Hoo&Mayor
ML y
City Cleit. j,
n",
Appro legal form and sufficiency for the City only.-
Anthony
nly:Anthony A.Garganese,City Attorney
UNITY OF TITLE AGREEMENT
City of Cape Caaevwz1/Robert A Baugber,Ttustw
Page 4 of 4
SKETCH AND ACCOYPANING LEGAL DRSCRIMON
IN A POR BION OF SECTION 15, TOWNSHIP 24 SOUTH,
RANGE 37 EAST, BREVARD COUNTY, FLORIDA
STATE ROAD A -1—A
(A.K.A. ASTRONAUT BLVD.)
100' R/W
S37.21'10'E
44,15'
40 20 0 40
EL I
POc-
IIf1110111M alit
17 TIE 2MRd UK Q tMTMN L5, /
T'M REQ'►{
nrfiT 02 <TkTC_ l& A•t�
WJ7WlVV :SOt1:Op
POINT OF BEGINNING �
v0
N37'Qf70'V 21855'
�I
'��
-
SCALE: r . 4d
W
RD= f Leib -119 rARM -
1226.73 SG. FT
tapas 1s 1owsl� K vAu 37
0.151 ACRES
lf'1
ZD I! 1
loNin
ZTAX
PARCEL
z
/
lW
N0. 767
in
z
X
/
a
W
A
In
O.'
Z C5
v f3q
/
/
40 20 0 40
EL I
POc-
IIf1110111M alit
17 TIE 2MRd UK Q tMTMN L5, /
T'M REQ'►{
nrfiT 02 <TkTC_ l& A•t�
WJ7WlVV :SOt1:Op
POINT OF BEGINNING �
v0
��
�I
'��
-
SCALE: r . 4d
PARCELsi'
RD= f Leib -119 rARM -
1226.73 SG. FT
tapas 1s 1owsl� K vAu 37
0.151 ACRES
TAX FARZE-
NO. 7 � C
0°'2� ,
/ \r
/
J
.mm:
eeelees[
e R V� FLOW
:SM wamas
04 MAWISVICAL Law
so • aPrto wit sea
/
its A1es1t11tL,yells iat
wilt Adiest P:Oa= 54UN
irdt1111014F 322
Pisall,)SKM
L.1t5Nm11Ul0 m#7m
Attachment to
Resolution No. 2016-03
Em 21222 iPrlofv.•
Parcel No. 2(as prepared)
Commence at the into neeIon of the Nest right
of way line of State Rodd A -1-A, ax%
Astronaut Boulevard, and the South boundary
file of Section 15. ra mship 24 South. Range
37 East, Orevord county, Florida. themes run
N37'21'20'MI atony the Nest right of way line of f
Stale Road A -1-A a distance of 1500 00 feet
to the Point of Beglnnlnp: themes run N
69W20'N, parallel to the South of sold
Section 15, o distance of 7098 feet; thence
run N521613% a distance of 55.37 to the
aforesaid west right of way iirle of State Rood
A -1-A; thence run S3M'10'E, along sold West
right of war line a distance of 44.15' to the
Point of beginning. Said oorcel contains 122tt75
square feet, being 003 acres more a len
3l�frlLiYl�i
rant a tees Fi � Outart
��.
t�. allent�s AM
or
40)
-row wwAne .weAoa
a . air W AWN Atari W"78
al - wit JOP'A
1 This "ch Is for info motional purposes only and is
not to be used as a field survey j
2 The borings shown are based on the dood of j
record and may not be q true North Azimuth
3. Unless otherwhe noted only plotted sosomonts ars
shown hereon.
orh enea e,e ft wj .Moroi WA
'M rl.rttoa w act teres e1 tlta
i 1�t wv ArIftmss+- s� Jai
eiMwl� grit t1
r. iot7. sn
Ibw~Yat • Mappw OM
oMwl K era
-
q
-
beam ft .0t*
SCALE: r . 4d
selKY *Aug "/Ws
RD= f Leib -119 rARM -
stwsm:
tapas 1s 1owsl� K vAu 37
Attachment to
Resolution No.2016-03
SKETCH AND ACCOIPANWG IBGAL DESCRIPTION LEGA{_ OWR{PTI
•
IN A PORTION OF SECTION 15. TOWNSHIP 24 SOUTH, Parcel No 1(ae prepared)
RANGE 37 EAST, BREVARD COUNTY, FLORIDA / A portion of that particular parcel of weld as
described in Official Records book 3359. at
Popo 4164 of the Public Records of lbomd
• r STATE ROAD A-1—A '' rep` County, Florida and more particularly described
l 1.9=.; ��O IMMI.m � as falters:
(AAA. ASTRONAUT BLVD.) C 4-L to-:.-C
• VC
11.v .:,c It WAWA INM Commence of the Intersection of the Wert right
WESUIRLY Rev L!E 100 R/ of pay lino of Slate Rooa A-1-A. o k a
N37vfq N Zl6�' , f1J7'lL76•V 'ice' / line Astof Sectionaut e15. Toond ip 4 So boundary
chip 24 Swifti Range
37 East Brerord county, flotde. thence run
(� o � W37-21.20-W along the West right of way Ilno of
1ir�� 'Iii _State Road A-I-A o distal of 1.50000
Z bar,, thence run N 8W27'20'W. parallel to the
South of said Section iS, a distance of 70 96
feet to the Point of 6aginninp, thence run
POINT OF BEGINNING N52'16'15'W, a distance of 105.94'; thence ran
TAX PARCEL I N371•9g'W, a distance of 3613; thence ran
9to NO. 767 SW*3r51'W, a distance of 33.W.thonce nm
N _ _ N37Z1'10'N, a distance of 74.03; thence run
h TAX `R r_ 67 311113111131111910Ma matana of 177.65' to the i+
Q.%0 "b _ , 1 of Beginning Sold porch contain 6490 73
equore feet tnekg
,XQ ,,1 + N❑. ._ � QTS erns man or leas
t7 r,
I�(L �vi P
W o A, mer an ran
J FOR
cu"' / C.0in Lt LOM
.arr�ata
WAM
a,:eat,
_Lf) �+� PARCELMI H ��/�y tom-mr®am =
IF aj Z &490.73SC. FT ; RM UK
pO� A 0.13 ACRES `�
r� e a i sEa.rr(W 4i
1Jm1R o .rare maoca+n+ne!n
IN37'22'09'W / :wn, a1e O -s" ,fib"r1oN lasor tgNex
36.13' / OJT • sesrcnat in ruff +»dela
`
'_1
Gj L �rani 1 This eketah Is for Informational purposes only ann
N37.21'10'W S`2`37'51'W +-sM dee. net to be uesa as a ficial survey
�r °ini.nsi cense 2.Ths beorkrgs shown ore based on the deed of
/�1h 74,03' 33.98' / eawrs rem and may not be a tus North A*nuth
3 thiless otho.iee noted only pkr!ted easements am
OR 00-0 go.fm anown heron.
Q' o� / taAer on■►.e
aGC7R0 eti�eL
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Attachment to
Resolution No.2016-03
LA
La
t SKETCH AND ACCOYPANING LEGAL DESCRIPTION LEC4� 1WSCMPT1on
IN A PORTION OF SECTION 1�TOWNSHIP�4 SOUTH, Poral No 3(ee prepared)
RANGE 37 EAST, BREVARD COUNTY, FLORIDA A portion of that particular poral of land as
STATE ROAD A-1—A dseareed In Oetkid Recerde Book 3330. at Page
4 Pae- 4184 and Official Records Book 54+10. at Peps 7523
4 l�lOtlECTWd
(A.KA ASTRONAUT BLVD•) v TK Smvrr.LIM W SMTM is of the Public Reedrdt of Brevard County. Rondo ane
100• R/w ff'U .1-37-[ man partkularly d..drleed as follow
vcs- Rip Loa svt:r wA1 n-tr Cornmettas at the Intersection of the West rWd of
WMUT17fLT R/V LIK 1 nay fM of State Road A-l-A, a.k a. Astronaut
'2S i tf6i ••►D S3`•F:1o'C 14s 15 r�J7'?s Fa•. t? X fid, and the South boundary line of Section
1S. Tornsbip 24 South. Ran"37 East Brrvord
Ca.ngt Faridq ihenea ran k37'21'•0'W along the
�,^o POINT OF BEG;NN)N, west•*st of nay line of State Rose A-'-A a
n � qa/ s distance of 1340.00 Mt to ore Pok+t of Beginning;
ry thence run N 892720111; parallel to the South of
I !
said Section 15, a distance of 300.00 fast thence
TAX PARCEL TAX PARCEL run N3771•10-N. a dstoeoe of 150.00 feet: thence
N0, 767 N0. 752 / tin S097r2oE, a distance of so 00 het, th.na
/ run S3771'20'E, a distance of 74,03 fast thence
y / run N5237'51 11L a distance of 1198 feet: thence
run 5377roST, a dlstonco of 3813 feat thence
�{ run N5215'151E, a distance of 10594 feet to the
. PARCELIt3 � TAX PARCEL h of
west right of say line of State Race n
/ uT� 3OA06.63 S0. FT Nil 769.1 A-1-A: thence run $37'21'104E, 0on9 sold west
="N 0.696 ACRES .ignt at may Ihe, a disw:t aA 194.1 fast to the
' vD a `� h-,s p BpiretIng..Sold parcel conle'no 30.109.83
iu A, 1a.e+L feet being 189 =rot snort or less.
i 2^�, It S
# A
v
S37.22'09'E
%
LI)
SURVEYOR'S REPORT
36.13' :O
on; ovomcmt 1 This sketch is for informational purposes Only and s
` V52'37'51'E at �,mp not to ore used as o ffeld survey.
:S37-23'10'E r.mr nom 2 The beartrrgs shorn are based on the deed of
03' 33.98' �s� rxard and may not be o we North Aainutn.
akerm VERnm saw
Unless othemW noted only platted eowments ve
.Ni ISO go- / a .evrm w mos shores.on
hereon.
ssmu ars ere
TAX PARCEL ® om®er the
VOW on UM
s�Frau N0. 767 / r..n I,-
W
Z'en '
152 -caroee ear e.rsty r�u4 w sal.v.r r..rw w suncr OA11:ppyts
/ t� Or PnmU4s a.w eM er er
nee $74;74m�277.
aa"eof;= er
MINNOWitshkeefra�i.lf.Q w wear/,Ftf Co. .eoac.d ears-.b PM=a
Y :res'r1(�a omni �1D R) detllwtrttt t� to"ovroomt.ansa omror n dammar 40 20 8 _ 40 yMecom Kau _ �.m SA-am~LMN7f Y LK21l1LOMlfadlftaf"Ol.Pus rrrsw a nae nA 13 loft" 26 srrror 37
RESOLUTION NO. 2016-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AUTHORIZING A SIXTY (60) DAY EXTENSION OF TIME
FOR THE PROPERTY OWNERS (BAUGHER AND
LAGGES) TO DELIVER TO THE CITY THE UNITY OF
TITLE AGREEMENTS IN EXECUTED AND
RECORDABLE FORM IN ACCORDANCE WITH
RESOLUTION NO. 2016-03; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, pursuant to Resolution No. 2016-03, the City Council authorized a lot split of
real property subject to several terms and conditions; and
WHEREAS, one of the conditions requires that the affected real property owners
(Baugher and Lagges) deliver to the City executed Unity of Title Agreements in recordable form
within 90 days of the effective date of Resolution No. 2016-03; and
WHEREAS, the property owners have requested additional time to deliver the Unity of
Title Agreements; and
WHEREAS, the City Council desires to grant the request for additional time in
accordance with the terms and conditions of this Resolution; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is in
the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Extension of Time to Deliver the Unity of Title Agreements.
(a) The City Council hereby grants a sixty (60) day extension of time for Baugher and
Lagges to deliver the Unity of Title Agreements required by Resolution No. 2016-03. If the Unity
of Title Agreements are not delivered to the City in executed and recordable form by the end of the
extension period, Resolution No. 2016-03 shall automatically be deemed null and void.
City of Cape Canaveral
Resolution No. 2016-10
Page 1 of 2
(b) All other terms and conditions set forth in Resolution No. 2016-03 not modified by
this Resolution shall remain in full force and effect.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council,or parts of prior resolutions in conflict herewith, are hereby repealed
to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape/119naveral, Florida, this 21st day of
June,2016.
Bob Hoog,Mayor
For Against
John Bond Second
` Mike Brown X
Bob Hoog x
Brendan McMillin X
6-6
Betty Walsh Motion
ATITST( ,y1Sehl); >
r
Miaf h
City Cfe4 k,1X00 `
Approved as to legal form and sufficiency for
the City ape Canaveral only:
ANTHONY A.GARGANESE,City Attorney
City of Cape Canaveral
Resolution No.2016-10
Page 2 of 2
RESOLUTION NO. 2016-16
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING A SIXTY (60) DAY
EXTENSION OF TIME FOR THE PROPERTY OWNERS
(BAUGHER AND LAGGES) TO DELIVER TO THE
CITY THE UNITY OF TITLE AGREEMENTS IN
EXECUTED AND RECORDABLE FORM IN
ACCORDANCE WITH RESOLUTIONS NO. 2016-03 AND
2016-10; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, pursuant to Resolution No. 2016-03, the City Council authorized a lot
split of real property subject to several terms and conditions; and
WHEREAS, one of the,conditions requires that the affected real property owners
(Baugher and Lagges) deliver to the City executed Unity of Title Agreements (Agreements)
in recordable form within 90 days of the effective date of Resolution No. 2016-03; and
WHEREAS, the City Council adopted Resolution 2016-10 extending the delivery
date of the Agreements sixty (60) days to August 22, 2016. However, the applicants have
reported that all of the needed approvals will not be acquired until at least August 24, 2016;
and
WHEREAS, an additional sixty (60) day extension is requested to deliver the Unity
of Title Agreements to the City; and
WHEREAS, the City Council desires to grant the request for additional time in
accordance with the terms and conditions of this Resolution; and
WHEREAS,the City Council of the City of Cape Canaveral finds that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY RESOLVES,AS FOLLOWS:
Section 1• Recitals. The foregoing recitals are deemed true and correct and are hereby
fully incorporated by this reference.
City of Cape Canaveral
Resolution No.2016-16
Page 1 of 2
Section 2. Extension of Time to Deliver the Unity of Title Agreements.
(a) The City Council hereby grants a sixty (60) day extension of time for Baugher and
Lagges to deliver the Unity of Title Agreements required by Resolutions No. 2016-03 and
2016-10. If the Unity of Title Agreements are not delivered to the City in executed and
recordable form by the end of the extension period, Resolution No. 2016-03 shall
automatically be deemed null and
(b) All other terms and conditions set forth in Resolutions No. 2016-03 and 2016-10 not
modified by this Resolution shall remain in full force and effect.
Section 3• Reveal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed
to the extent of the conflict.
Section 4, Severability_. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Resolution.
Section 5, Effective Date, This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
August, 2016.
Bob Hoog,Mayor
AL
ATTEST: •` Name FOR AGAINST
AN
' John Bond �r
i
Mia Goforth, Mike Brown x
City Clerk
Bob Hoog x
Approved as to legal form and sufficiency
For the C' f Cape Canaveral only by: Brendan McMillin Rprn,d
Betty Walsh Motion
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2016-16
Page 2 of 2
RESOLUTION NO. 2017-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AUTHORIZING AN ADDITIONAL EXTENSION OF TIME
FOR THE PROPERTY OWNERS (BAUGHER AND
LAGGES) TO DELIVER TO THE CITY THE UNITY OF
TITLE AGREEMENTS IN EXECUTED AND RECORDABLE
FORM IN ACCORDANCE WITH RESOLUTION NO. 2016-
03; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution,to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS,pursuant to Resolution No. 2016-03, the City Council authorized a lot split
of real property subject to several terms and conditions; and
WHEREAS,one of the conditions requires that the affected real property owners(Baugher
and Lagges) deliver to the City executed Unity of Title Agreements in recordable form within 90
days of the effective date of Resolution No. 2016-03; and
WHEREAS,the City Council adopted Resolution No.2016-10 and 2016-16 extending the
delivery date of the Agreements. However,the applicants did not complete the conveyance of the
subject properties until after the deadline imposed by the City to deliver the Agreements; and
WHEREAS, the City has recently been provided a copy of the recorded Warranty Deeds
executed by Baugher and Lagges, on or about November 22, 2016, to effectuate the lot split
authorized under Resolution No. 2016-03; and
WHEREAS, the property owners have requested additional time to deliver the Unity of
Title Agreements; and
WHEREAS,the City Council desires to grant the request for additional time in accordance
with the terms and conditions of this Resolution; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
City of Cape Canaveral
Resolution No.2017-04
Page 1 of 2
Section 2. Extension of Time to Deliver the Unity of Title Agreements.
(a) The City Council hereby grants an extension of time for Baugher and Lagges to
deliver the Unity of Title Agreements required by Resolution No. 2016-03 no later than April 30,
2017. If the Unity of Title Agreements are not delivered to the City in executed and recordable
form by the end of the extension period, Resolution No. 2016-03 shall automatically be deemed
null and void.
(b) All other terms and conditions set forth in Resolution No. 2016-03 not modified by
this Resolution shall remain in full force and effect.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed
to the extent of the conflict.
Section 4. Severability.If any section,subsection,sentence,clause,phrase,word or provision
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 5. Effective Date.This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 st day of
March, 2017. _
G �
-'44"S.
�� <ox6x
ATT "itiFA r.` Bob Hoog,Mayor
'F Name FOR AGAINST
is Go f `I�, �,K Mike Brown X
City Clerk
Bob Hoog X
Brendan McMillin Second
Approved as to legal form and sufficiency Rocky Randels X
for the t of Cape Canaveral only:
Betty Walsh Motion
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2017-04
Page 2 of 2