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HomeMy WebLinkAboutRe EXTERNAL Update to request for the transfer of the property known at the Ridgewood Avenue Extension (3)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> 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 <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: 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 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 ender 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 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