HomeMy WebLinkAboutEmergency Item - Approval of and Authorization to Execute Quit Claim Deeds - 182 N. Lakeshore Drive
AGENDA ITEM COVER SHEET
Meeting Date: April 1, 2008
Item #
/
Contact Name:
Contact Number:
David Wheeler
407 -905-3100,
ext. 1504
Reviewed By:
Department Director:
City Manager:
, I~' /:
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Subject: Approval of and authorization for the Mayor to execute quit-claim deeds, utility easement, and
temporary construction easement for 182 N. Lakeshore Dr.
Background Summary:
Improvements are presently being made to North Lakeshore Drive from Oakland Avenue to North
Lakewood Avenue. These improvements include raising the road and sidewalk to remove a persistent
flooding problem, constructing a retaining wall along Lake Starke to stabilize the shoreline, and other
improvements designed to facilitate pedestrian and recreational activities. A major part of the project is
Phase 2 of a multi-pronged process of installing effective stormwater management facilities that will
significantly improve water quality in Lake Starke. Phase 1, south of the current project limits, was
completed in 2006. Phase 3 will construct a regional stormwater pond immediately north of City Hall.
During the course of constructing the improvements to North Lakeshore Drive, a difference was
discovered between the right-of-way boundary shown on surveys supplied to the City and in the records
of the Orange County Property Appraiser, and that shown on surveys in the possession of the property
owner at 182 North Lakeshore Drive, otherwise known as Lot 1, Block B of the Lakeridge Subdivision
(Christopher and Emily Freeman). Sketch 1 (attached) shows the boundary as it was believed to exist
based on documents supplied to the City and the design engineers. The Freemans held that there was
no right of way beyond the extent of the improved street (curb to curb).
After a review of all the evidence regarding the boundary and interviewing knowledgeable existing and
former property owners, it was concluded that legitimate questions do exist regarding the proper right-of-
way boundary for this portion of North Lakeshore Drive. Accordingly, City staff negotiated a tentative
settlement with the property owners of the subject property that benefits all parties and allows
construction to continue without delay or significant design changes. The terms of that proposed
settlement are:
1. Quit-claim deed from Freemans to the City for the property described in Sketch 2 (attached).
2. Quit-claim deed from City to Freemans for the remaining portion of the originally platted property.
3. Utility easement from Freemans to the City to relocate a storm water inlet.
4. Temporary construction easement from Freemans to City to allow improvements to be made.
5. Payment by City to Freemans in the amount of $10,000.
Issue:
The Engineering Department has proposed a mutually beneficial settlement regarding the issues of land
ownership at 182 N. Lakeshore Dr. and requests that the City Commission approve the proposed
settlement.
1
Recommendations
The Engineering Department recommends that the City Commission approve the proposed settlement
and authorize the Mayor and City Clerk to execute the required legal documents. To fund the change,
staff recommends that the City Commission approve the reallocation of $10,000 from funds previously
budgeted for miscellaneous sidewalk construction.
Attachments:
. Sketch 1 showing the right-of-way boundaries at 182 N. Lakeshore Dr., as shown on the City's
survey and the records of the Orange County Property Appraiser.
. Sketch 2 showing the proposed right-or-way boundaries at the subject property, as contained in
the proposed settlement.
Financial Impact:
The funding for this action will be financed by the existing allocation for similar capital projects.
Type of Item: (please mark with an "x')
_ Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
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N/A
N/A
N/A
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Drawing No. 51164013
Job No. 51164
Dote: 10/31/07
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6500 All American Boulevard
Orlando, Florida 32810-4350
(407)292-8580 fax( 407)292- 0141
Cert. No, LB-210B
email: info@southeasternsurveying.com
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SOUTHEASTERN SURVEYING & MAPPING CORP.
6500 All American Boulevard
Orlando. Florida 32810-4350
(407)292 - 6580 fax( 407)292- 0141
Cerl. No, LB-210B
email: info@southeasternsurveying.com