HomeMy WebLinkAboutRE Townhouse Access Easement (43)Anthony - perhaps this issue can be quickly put to bed. Does the “I. & E.” reference in the plat language mean an ingress and egress easement that can be used by neighbors? If the answer
is yes, then all of this goes away as she has legal access to her rear yard via the I & E easement.
Sorry if I complicated this more than needed.
David Dickey
Community & Economic Development Director
City of Cape Canaveral <http://www.cityofcapecanaveral.org/>
(321) 868-1220 x118
100 Polk Avenue — P.O. Box 326
Cape Canaveral, Florida 32920
From: David Dickey
Sent: Wednesday, October 14, 2020 12:30 PM
To: Anthony A. Garganese <agarganese@orlandolaw.net>
Cc: Todd Morley <T.Morley@cityofcapecanaveral.org>; Brian Palmer <B.Palmer@cityofcapecanaveral.org>
Subject: Townhouse Access Easement
Hi Anthony.
Issue
We have an owner of a townhouse unit (118 Jefferson) who is complaining that she cannot access her rear year for maintenance purposes because her neighbor (116 Jefferson) installed a
fence last year (with a City permit) that she claims now blocks her access to her rear yard.
Important Facts
· Attached is a copy of the original plat of the townhouse property. You can see that there is a 10 foot and 5 foot P.U. & D & I. & E. easement along the north and west property
lines respectively.
· Code Sec. 110-375, related to “townhouse utilities” requires a five-foot public access easement be provided along each side and across the rear of the site.
· Permit #P19-1515, authorizing the erection of the fence on 116 Jefferson, and which created a physical barrier to the easement, stipulates that a ingress/egress gate be installed.
The owner of 116 Jefferson was also advised that access thru his property was required for adjacent townhouse property.
Question
Does the 5 foot access easement required in Sec. 110-375(b) (addressing townhouse utilities) and which is shown on the plat include access/traverse rights for adjacent property owners?
If not, is there anything in Florida Statutes that addresses this issue?
It may be helpful to pull up the properties on Google Earth. The fence/gate shown in street view is the old one but shows the location of the new fence. Please call if we need to discuss.
Brian, if I have misstated anything, please jump in.
David Dickey
Community & Economic Development Director
City of Cape Canaveral <http://www.cityofcapecanaveral.org/>
(321) 868-1220 x118
100 Polk Avenue — P.O. Box 326
Cape Canaveral, Florida 32920
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