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Home My WebLink AboutRE Comments on Young Subdivision RequestHere is the attachment (sample agreement) I mentioned. Thanks, Kimberly Romano Kopp, Esq., LEED AP Brown, Garganese, Weiss & D’Agresta Senior Attorney 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Kim Kopp Sent: Tuesday, April 14, 2015 2:39 PM To: David Dickey (D.Dickey@cityofcapecanaveral.org); Jeff Ratliff (J.Ratliff@cityofcapecanaveral.org); John Cunningham (jcunningham@ccvfd.org); Michael German (M.German@cityofcapecanaveral.org) Subject: Comments on Young Subdivision Request Dave, Based on my review, the plat (and in some cases the title opinion as well) should be modified to address the below issues from a legal perspective. 1. My first comment is that the legal description on the plat and the title opinion should both be revised to include only that property owned by the applicant. Therefore, the legal should not include the Young’s existing easement on the Marino property. The only property that may be subdivided is property owned by the applicant. The plat should include a note or notes referencing the other easement(s) that provide access from the subject proposed lots out to Holman Road, but it should be clear that such easement(s) are not a part of the plat itself. On a side note, the City need not get into civil matters between the parties involving any such easement(s) as we have discussed. 2. Additionally, I question why the title opinion and plat don’t reflect the language set forth in the Jahn/Butler deed (page 2), which in effect provides that the Young’s existing easement on the Marino property is a non-exclusive, perpetual easement and covenant running with the land, however, should the Grantee or his assigns ever secure access to the subject property by other means, the easement shall terminate. This language is included on the instrument that conveyed the easement (Jahn deed). Unless the applicant or attorney preparing the title opinion provides me with information to the contrary, this should also be included in the plat notes. 3. Modify the plat dedication to be clear as to which easement is being dedicated (the proposed easement on Lot 1). Again, it needs to be clear that the other easements depicted on the plat are not a part of the plat or dedication (because they are not owned by the Youngs). 4. The applicant should provide to the City a separate, recorded legal instrument establishing the 20 foot Access/Utility Easement located on the proposed .45 acre Lot 1. I have a form that we can provide to the property owner as an example. It is attached to this email, and while it is not in final form and would need to be further tweaked, it provides a good starting point. See my next comment and note that the City could also address its concerns with respect to fire sprinklers and emergency access in this document. 5. It is my understanding that the Fire Marshall has determined that the 20 foot access easements are sufficient for provision of emergency services provided that there are fire sprinklers in any new construction on Lot 2. I would recommend including this as a note on the plat, and having the fire marshall review again for sufficiency. 6. As discussed, the City needs to review and determine whether it can serve the proposed Lot 2 via the currently existing utility infrastructure and easements. Please let me know if I may further assist. Thanks, Kimberly Romano Kopp, Esq., LEED AP Brown, Garganese, Weiss & D’Agresta Senior Attorney 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. 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