The URL can be used to link to this page

Home My WebLink AboutRE Ocean Woods- strip of land adjacent to Harbor HeightsYes, this is the same easement that came up in the title search when I was reviewing the Ocean Woods Beach Access easement and Ridgewood Ave Extension. Regards, 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> 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: Todd Morley <T.Morley@cityofcapecanaveral.org> Sent: Monday, October 22, 2018 5:30 PM To: Anthony A. Garganese <agarganese@orlandolaw.net> Subject: [EXTERNAL] FW: Ocean Woods- strip of land adjacent to Harbor Heights Anthony, Please find the easement document attached. Todd From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net] Sent: Friday, October 12, 2018 10:20 AM To: Todd Morley <T.Morley@cityofcapecanaveral.org <mailto:T.Morley@cityofcapecanaveral.org> > Cc: David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> >; David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Subject: Ocean Woods- strip of land adjacent to Harbor Heights Todd, After our conversation last night, I was able to deduce from my files, and later find with the help of Old Republic title company, the attached deed. The legal description is relatively easy to follow. The deed conveys a 30-foot strip of land to Holt Investments Incorporated lying between Harbor Heights and Ocean Woods to the future Ridgewood Avenue. Holt Investments Incorporated was administratively dissolved in 1972. However, without a title report, I cannot determine whether the 30-foot strip was ever conveyed by Holt to Ocean Woods or anyone else or whether Holt simply abandoned the property upon dissolution. It’s very strange that the property appraiser’s website appears to identify the strip as an independent parcel of land, but not identify a separate owner. That may mean that the owner is unknown to the property appraiser, which is unusual in and of itself because there is clearly a recorded deed to Holt Investments that legally describes the 30-foot strip, or the strip was conveyed to one or more of the adjoining land owners. As an aside, I recognize the name Holt Investments from my research involving the Ocean Woods Beach Access easement. During that research, I discovered another beach access easement granted to Holt Investments Incorporated lying adjacent to and north of the Ocean Oaks subdivision and the Ocean Woods Beach Access easement. I don’t believe the Holt Investment beach access easement is cleared and being used, and that easement may have been abandoned by Holt or runs in favor of whomever is the successor of the easement rights (perhaps Harbor Heights?). This appears to be yet another old CC Puzzle. I suggest that we order a title report to determine the status of this 30-foot strip before proceeding with any land clearing permit with Ocean Woods just to be sure that Ocean Woods has a legal interest over the land in question before they are permitted to clear it 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 <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. 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