HomeMy WebLinkAboutRE EXTERNAL Update to request for the transfer of the property known at the Ridgewood Avenue ExtensionAnthony,
We are in favor of moving forward with this and will ask Ocean Oaks for
an amount to be held in escrow from their upcoming budget to cover all
of the City’s expenses related to the transfer. We will to commit to
pursuing a 2019 completion, barring unforeseen complications. Not sure
of the escrow amount. Would need to cover all expenses – surveyor fees,
attorney fees, title work and a reasonable allotment for Staff time. Can
you estimate?
Todd
From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net]
Sent: Friday, October 26, 2018 11:54 AM
To: Todd Morley <T.Morley@cityofcapecanaveral.org>
Cc: Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org>; David
Greene <D.Greene@cityofcapecanaveral.org>
Subject: RE: [EXTERNAL] Update to request for the transfer of the
property known at the Ridgewood Avenue Extension
Todd,
I think she is requesting a status of the City conveying a portion of
the Northern Ridgewood extension described in my report. I previously
advised that if the City desires to convey a portion of said land to the
Ocean Oaks HOA, the City will need a legal description and the City
Council will have to adopt an ordinance authorizing the conveyance per
the City Charter. As such, the City will need to determine where to
draw the southern line of the land to be conveyed because when the City
obtained title to the Ridgewood Avenue extension originally, the
property legal description runs from approximately the Royal Mansions
property to the Harbor heights southern most boundary. I would imagine
it is a simple task for a surveyor to draw that line (just north of the
paved portion of the road) and sketch the portion that the City wants to
convey to the Ocean Oaks subdivision. I believe the City Manager has
indicated that he is receptive to this request by Ocean Oaks.
Please let me know if you need any assistance.
Anthony
Garganese, Weiss, D'Agresta & Salzman, P.A.
Anthony A. Garganese, Shareholder
Board Certified in City, County & Local Government Law
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: sshell@orlandolaw.net <mailto:sshell@orlandolaw.net>
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From: Gloria Sommers <s0mmersgl0@yahoo.com
<mailto:s0mmersgl0@yahoo.com> >
Sent: Tuesday, October 23, 2018 6:14 PM
To: Todd Morley <T.Morley@cityofcapecanaveral.org
<mailto:T.Morley@cityofcapecanaveral.org> >
Cc: Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org
<mailto:J.Surprenant@cityofcapecanaveral.org> >; Anthony A. Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >
Subject: Re: [EXTERNAL] Update to request for the transfer of the
property known at the Ridgewood Avenue Extension
I understand the city is investigating requirements to divest itself of
the subject property. Ocean Oaks just wants assurance that the action
is moving forward and I think your statement below implies that. How
long do you think it will take for the transfer to be effective? We are
preparing our budget for 2019. Should the transfer become effective in
2019, should I be anticipating/planning for any costs associated with
the transfer?
Gloria Sommers
President
Ocean Oaks Condominium Association
On Tuesday, October 23, 2018 03:51:44 PM EDT, Todd
Morley <T.Morley@cityofcapecanaveral.org
<mailto:T.Morley@cityofcapecanaveral.org> > wrote:
Gloria,
The City is already investigating the requirements to divest itself of
the subject property. Is there some other consideration Ocean Oaks is
requesting from the city? If so, please be specific about any additional
request.
Thank you,
Todd
Sent from my iPhone
On Oct 22, 2018, at 8:39 PM, Gloria Sommers <s0mmersgl0@yahoo.com
<mailto:s0mmersgl0@yahoo.com> > wrote:
Thank you for your reply. My original inquiry to the city was to
ask who is responsible for caring for the lawn, mowing the lawn,
trimming the palm trees, etc. for the land between the sand path and B
Building in Ocean Oaks. My inquiry provoked an in depth comprehensive
study of the land known as the Ridgewood Avenue Extension by Anthony
Garganese. I believe Anthony concluded that the city has responsibility
for taking care of the land. I will go back and read his study again to
be sure but I would like to negotiate consideration for the care that
Ocean Oaks has been providing for the land between the sand path and
the north side of our Building B for many years now. To whom should I
direct such a request? Thank you.
Gloria Sommers
Sent from my iPhone
On Oct 22, 2018, at 6:26 PM, Joshua Surprenant
<J.Surprenant@cityofcapecanaveral.org
<mailto:J.Surprenant@cityofcapecanaveral.org> > wrote:
Hello Gloria, This is the last update email I saw about
the potential easement turn over. There is no update at this time.
You can contact me or Todd Morley in the future, but you
will be made aware of any news or changes to this project.
Joshua
Joshua Surprenant
Community Engagement Director
Public Works Service Deputy Director
(321) 243-8750
From: Anthony A. Garganese
Sent: Monday, August 20, 9:57 AM
Subject: RE: [EXTERNAL] Update to request for the
transfer of the property known at the Ridgewood Avenue Extension
To: Gloria Sommers, David Greene
Cc: Joshua Surprenant, Debra Holliday, Ronald Sommers,
David Dickey
Gloria,
I’m not sure about the relevancy or the point being made
in your email, but I want to provide you an update on the status of this
item.
Based on the detailed research that we prepared and
provided to you, the City is aware that the Northern Ridgewood Avenue
Extension property was conveyed in fee title to the City by the
developer of Ocean Oaks, but that property is encumbered with various
easements. Further, the paved portion the Northern Ridgewood Avenue
Extension is currently serving as a public right of way.
However, City Administration is currently evaluating the
possibility of presenting an agenda item to the City Council, in the
near future, seeking authorization for the City to reconvey all or a
portion of the unpaved portion of the Northern Ridgewood Avenue
Extension to the Ocean Oaks Condominium Association, the successor in
interest to the developer of Ocean Oaks. The evaluation of this
possibility is well under way by City Administration, and it may require
some survey work to establish a new southern boundary line of the
unpaved portion of the Northern Ridgewood Avenue Extension. In
addition, Section 2.12(6) of the City Charter procedurally requires that
the City Council adopt an ordinance to convey any real property interest
to another party. An ordinance requires two hearings before the City
Council including a public hearing. Further, at the appropriate time,
the City will require a formal resolution from the Ocean Oaks Board of
Directors authorizing and agreeing to take title to whatever portion of
the Northern Ridgewood Avenue Extension that the City Council agrees to
convey to the Association, and representing and warranting to the City
that the Association has the authority to take title to said property
for the benefit of its unit owners.
I hope this helps explain the status of this matter at
least from the City’s perspective. Feel free to contact me if you have
any questions.
Regards,
Anthony
<image001.jpg>
Garganese, Weiss, D'Agresta & Salzman, P.A.
Anthony A. Garganese, Shareholder
Board Certified in City, County & Local Government Law
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
<https://url.emailprotection.link/?abbrmuT-2OKg08dkUTFY94ZtivlApBDEBVH2E
TaAwGBQ~>
Email: sshell@orlandolaw.net
<mailto:sshell@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: Gloria Sommers <s0mmersgl0@yahoo.com
<mailto:s0mmersgl0@yahoo.com> >
Sent: Sunday, August 19, 2018 11:13 AM
To: d.greene@cityofcapecanaveral.org
<mailto:d.greene@cityofcapecanaveral.org>
Cc: Joshua Surprenant
<j.surprenant@cityofcapecanaveral.org
<mailto:j.surprenant@cityofcapecanaveral.org> >; Anthony A. Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >;
d.holliday@cityofcapecanaveral.org
<mailto:d.holliday@cityofcapecanaveral.org> ; Ronald Sommers
<ronald_sommers@yahoo.com <mailto:ronald_sommers@yahoo.com> >
Subject: [EXTERNAL] Update to request for the transfer
of the property known at the Ridgewood Avenue Extension
Mr. Greene:
Forwarded is an update to my message of August 5, 2018,
regarding transfer of the property known as the Ridgewood Avenue
Extension. Additional information has been discovered on the Brevard
County Official Records website that we believe could make a difference
in your decision to return the property in question to Ocean Oaks
Condominium Association, Inc. For these reasons, we believe Ocean Oaks
has a legitimate claim for the entire 50' wide property arc extending
from the north end of Ridgewood Avenue to the Harbor Heights cul-de-sac.
We look forward to your response.
Gloria Sommers
President
Ocean Oaks Condominium Association, Inc.
8700 Ridgewood Avenue, Building A
Cape Canaveral, FL 32920
Florida has a very broad public records law. As a
result, any written communication created or received by the City of
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electronic email to this entity. Instead, contact our office by phone or
in writing
Florida has a very broad public records law. As a
result, any written communication created or received by the City of
Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida
Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send
electronic email to this entity. Instead, contact our office by phone or
in writing
Florida has a very broad public records law. As a result, any
written communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
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