HomeMy WebLinkAboutItem #11 Discussion and Direction Regarding Windermere Groves Subdivision - Transfer of Roads for Ownership and Maintenance tie I Center of Good G1;
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AGENDA ITEM COVER SHEET
Meeting Date: April 5, 2011
Item # /1
Reviewed By:
Contact Name: Stephen C. Krug Department Director: -/
Contact Number: 6002 City Manager:
Subject: Windermere Groves Subdivision — Transfer of Roads for Ownership and Maintenance.
District 3, Commissioner Johnson.
Background Summary:
The Windermere Groves Subdivision is unique in that the road right of way is privately maintained by the
Homeowners Association (HOA), yet is open to general access by the public with no access limiting
gates. The initial plat filed for the subdivision as Plantation Groves West showed the roads to be public
access and were constructed accordingly, however in the final platted version, the roads were identified
in Tract B as "private roadway with an ingress /egress easement and utility easement dedicated to the
City ". The HOA has formally requested the City take over maintenance of the streets, roadways and
sidewalks within the subdivision since they are open to unimpeded public access. The City has
investigated the condition of the infrastructure and found it to be structurally sound.
Prior to proceeding with the transfer agreement, the HOA will need to expend considerable funds to hire
legal counsel and a surveyor for title work to "less out" the entrance medians on Winshire Blvd, as well
as performing several legal actions pursuant to execute a fee simple transfer of title to the City.The HOA
is requesting Commission consensus on transferring the ownership and maintenance to the City prior to
their expending the funds on the required professional services.
The HOA has agreed to turn over the majority of their maintenance reserves to the City to facilitate the
transfer. The HOA understands that they will not be entitled to any special privileges and that any future
maintenance will be scheduled as City funds are available. Staff recommends approval.
Issue:
Should the City Commission approve the transfer of ownership and maintenance of the Windermere
Groves subdivision's private roadways to the City.
Recommendations
Recommend Commission concurrence with the Windermere Groves Homeowners Association (formerly
Plantation Groves West) request for the City to take over the ownership and maintenance of the
infrastructure located within Tract B of the Subdivision Plat, less the entrance medians, and authorize the
Mayor to execute the necessary legal documents upon approval by the city attorney.
Attachments:
Windermere Groves HOA Letter dated February 3, 2011
Windermere Groves Pavement Quantities.
Financial Impact:
The HOA will turn over the majority of their maintenance reserves to the City with the final amount to be
included in the maintenance transfer agreement.
Type of Item: (please mark with an x')
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. ,� N/A
Reviewed by ( ) N/A
2
Windermere Groves Homeowners Association
Plantation Grove West Association Inc.
Ocoee, Florida 34761
C/o Southwest Property Management
P.O. Box 783367
Winter Garden, FL 34778
February 3, 2011
Robert D. Frank, City Manager
City of Ocoee
150 N. Lakeshore Dr.
Ocoee, FL 34761
cc: Rusty Johnson, Ocoee Commissioner, District 3
Neal McCulloh, Attorney for Windermere Groves HOA
Paul Rosenthal, Attorney for City of Ocoee
Dear Mr. Frank,
Plantation Grove West Association Inc. A.K.A Windermere Groves Homeowners Association, upon
previous discussion with you, Commissioner, Rusty Johnson, and others in your office, would like to
propose that the City of Ocoee take over the maintenance of the streets, roadways and sidewalks within
the development of our neighborhood association.
Windermere Groves Homeowners Association will pay the City of Ocoee the sum of twenty thousand
($20,000.00) dollars.
In part, the consideration for making this request is based on the unusual condition that Windermere
Groves Homeowners Association is not a gated community, but has been maintaining its streets and
roads as if it were a private community.
The Board of Directors of Windermere Groves Homeowners Association appreciates the City of
Ocoee taking the time to review this request, and would like to request a time and place to meet with
all parties who will be able to discuss the details and make a decision on this proposed objective.
Please contact Carol Comstock, LCAM at the Southwest Property Management address above or you
may phone her at 321 278 -5993, or email: c_swpmanagement @yahoo.com.
Sincere regards,
The Windermere Groves Homeowners Association Board of Directors
Mike Legg, President
Jack Turner, Vice President
Rosemarie Morganto, Secretary
Candace Gibbons, Treasurer
Drew Arrant, Director
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