HomeMy WebLinkAboutRE Oak Lane (2)Dave – you available for a brief conversation?
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From: David Greene
Sent: Monday, January 23, 2017 1:30 PM
To: David Dickey <D.Dickey@cityofcapecanaveral.org>; Ralph Lotspeich
<R.Lotspeich@cityofcapecanaveral.org>; Joshua Surprenant
<J.Surprenant@cityofcapecanaveral.org>; johnpekarpe@gmail.com; Michael
German <M.German@cityofcapecanaveral.org>; Mia Goforth
<M.Goforth@cityofcapecanaveral.org>; Jeff Ratliff
<J.Ratliff@cityofcapecanaveral.org>; Todd Morley
<T.Morley@cityofcapecanaveral.org>
Subject: Fwd: Oak Lane
Importance: High
All,
FYI. David
-------- Original message --------
From: "Anthony A. Garganese" <agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net> >
Date: 1/23/17 12:41 PM (GMT-05:00)
To: John@campbellsurveying.com <mailto:John@campbellsurveying.com>
Cc: David Greene <D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> >
Subject: RE: Oak Lane
John,
This follows our meeting last week with the City Manager David L.
Greene, Planning Director David Dickey, Assistant Public Works Director
Jeff Ratcliff, City consultant John Pekar, and myself where we discussed
the current boundary dispute regarding Oak Lane and several adjacent
property owners. I am requesting that you send a proposed retainer
letter to me by email which is addressed to the City Manager, David L.
Greene. We will review the retainer letter and if acceptable, the City
manager will execute it and return a copy to you.
As we discussed, the City has maintained Oak Lane for many years, and
based on public records, it is under the reasonable belief that it has
been either dedicated or conveyed to the City many years ago. As you
know, Oak Lane is an unpaved, dead-end road. In the past year or so,
Sheropa LLC applied for and received several building permits from the
City to construct a few single family homes on lots apparently adjacent
to the southern boundary of Oak Lane. The building permit applications
were accompanied by surveys submitted by Walker Surveying. Upon
information and belief, one or more homes received a certificate of
occupancy and have been conveyed by Sheropa LLC to bona fide purchasers.
One home, which is approximately 95% completed, has not been issued a
certificate of occupancy because several neighbors contested the
boundary of the subject lot (127 Oak Lane Lot A.25), which resulted in
Sheropa LLC apparently agreeing to the results of a different boundary
survey submitted by the neighbor to the east prepared by Riehl Reliable
surveying. Based on this new survey, Sheropa applied for a variance
request because based on the new survey, the house is within
approximately 4 inches of the side setback. During the variance
process, another neighbor to the west of the subject property (Cypress
Shareholders, LLC) submitted a different survey which called into
question the original Walker Survey and the Real Reliable survey. You
have been provided a copy of these three competing surveys, and a copy
of an old surveying document prepared by Stottler Stag (John Pekar)
showing apparent boundaries of Oak Lane and the surrounding lots.
Moreover, you were advised that the City is in the very preliminary
stages of designing possible roadway improvements for Oak Lane for
purposes of paving and improving the drainage in the area.
Furthermore, since our meeting, the City has been advised that Cypress
Shareholders, LLC. filed suit against Sheropa LLC, Walker Surveying,
Patrick Lee, and WFG National Title Insurance generally seeking
equitable relief and damages based on claims that the houses constructed
by Sheropa were not constructed in accordance with City Codes. In
addition, it is my understanding that you have received an email from
Sheropa LLC from their attorney (Phillip Tatich) with documentation
purporting to be a chain of title to the subject Sheropa LLC lot, which
has a pending certificate of occupancy.
Proposed Scope of Surveying Consulting Services.
1. As may be requested by the City Manager and/or City Attorney,
Campbell Surveying will provide general surveying advice to the City
regarding the aforementioned boundary dispute. Unless otherwise
directed by the City, all work assignments and contact will be through
the City Manager’s or City Attorney’s office.
2. At your request, the City Attorney’s Office will obtain a chain
of title report from Old Republic National Title Insurance regarding the
following property:
Lots A and B lying West of North Atlantic Avenue, of PLATOF TUTENS
SUBDIVISION, according to the plat recorded in Plat Book 1 at Page 22 of
the Public Records of Brevard County, Florida. Said plat being a portion
of the NW 1/4 of the SW 1/4 of Section 14,Township 24 South, Range 37
East, City of Cape Canaveral, Florida.
Upon receipt, a copy of the chain of title will be provided to you for
examination and comment primarily regarding the creation, legal
description and location of Oak Lane, and secondarily regarding any
information that may be relevant to assisting the City with
understanding the surveying issues pertaining to the aforementioned
boundary dispute, and for determining any future course of action by the
City regarding the dispute and permitting. It is anticipated that there
will be one meeting with the City Manager and his team after you have
completed your review of the chain of title to discuss your preliminary
findings.
3. After reviewing the Chain of Title and meeting with the City
Manager and his team, additional work may be assigned to you by the City
Manager including preparing a written report regarding your findings
regarding the Chain of Title and this boundary dispute matter.
John, I look forward to working with you regarding this matter.
Regards,
Anthony
Garganese, Weiss & D'Agresta, 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
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Email: sshell@orlandolaw.net <mailto:sshell@orlandolaw.net>
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From: johnrcampbellsurveying@gmail.com
<mailto:johnrcampbellsurveying@gmail.com>
[mailto:johnrcampbellsurveying@gmail.com] On Behalf Of John R Campbell
Sent: Wednesday, January 18, 2017 3:27 PM
To: Anthony A. Garganese <agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net> >
Subject: Fwd: Oak Lane
---------- Forwarded message ----------
From: John R Campbell <John@campbellsurveying.com
<mailto:John@campbellsurveying.com> >
Date: Wed, Jan 18, 2017 at 3:21 PM
Subject: Oak Lane
To: agaranese@orlandolaw.net <mailto:agaranese@orlandolaw.net>
Anthony:
Thank you for the opportunity to once again work with you and the City
to resolve the title problems on Oak Lane. As we discussed in our
meeting with John Pekar and the City Officials. I'd like to have a title
chain done on the Parent Parcel to uncover the senior rights of the
individual cut outs in order of separation.
Here is a legal of the area needed to be covered in the Title Search:
Lots A and B lying West of North Atlantic Avenue, of PLATOF TUTENS
SUBDIVISION, according to the plat recorded in Plat Book 1 at Page 22 of
the Public Records of Brevard County, Florida. Said plat being a portion
of the NW 1/4 of the SW 1/4 of Section 14,Township 24 South, Range 37
East, City of Cape Canaveral, Florida.
Please let the Abstractor know that there are 3 plats transcribed on
Plat Book 1 at Page 22 and we are dealing only with the one noted as
"TUTENS". Also, North Atlantic Avenue has been previously known as State
Road A1A and State Road 401.
I've did some research on the Property Appraiser's Web Site and I think
that Deed Book 395-145 may be a good place to start. I've ordered this
old deed from the Clerks Office but have not received it yet. This old
deed is mentioned several times in the Legal descriptions of the cut out
parcels.
Anthony, it is difficult to estimate the time necessary to review all
of the deeds in the chain but I can tell you it is not difficult to work
from the Abstract chain. I would request a total of 16 hours at my
normal billing rate of $125/hour. The time requested includes the 4
hours I spent today reviewing the previous Surveys, preparing the Legal
for the Title Search and time on the Property Appraiser Web site. After
we finish the Title review I can give the City a firm fee on preparing a
report of my findings. At this time I do not see any necessity for
additional field Surveying. My research on the PA Web Site did find that
one of the old buildings on Oak Lane was built in 1938. These folks must
of been true pioneers.
Please send me a copy of your notes from the meeting so that I can make
sure I've covered everything.
Thanks again,
John
--
John R. Campbell, Owner
John R. Campbell Surveying LLC
115 Alma Blvd, Suite 102
Merritt Island, FL 32953
(321) 507-4811 <tel:(321)%20507-4811>
John@CampbellSurveying.com <mailto:John@CampbellSurveying.com>
www.Facebook.com/CampbellSurveying
<http://www.facebook.com/CampbellSurveying>
--
John R. Campbell, Owner
John R. Campbell Surveying LLC
115 Alma Blvd, Suite 102
Merritt Island, FL 32953
(321) 507-4811
John@CampbellSurveying.com <mailto:John@CampbellSurveying.com>
www.Facebook.com/CampbellSurveying
<http://www.facebook.com/CampbellSurveying>
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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