HomeMy WebLinkAboutRe EXTERNAL Update to request for the transfer of the property known at the Ridgewood Avenue Extension (6)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>
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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
erty 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