HomeMy WebLinkAbout2007 03 12 Regular 607 Resolution 2007-12
COMMISSION AGENDA
ITEM 607
Consent
Informational
Public Hearing
Regular X
March 12. 2007
Meeting
Dept.
REQUEST:
The City Attorney's Office requests the City Commission consider and approve Resolution
2007 -12 determining the necessity and public purpose for the Robert Family Lane roadway
improvements located within the Town Center and determining the necessity and public purpose for
acquiring, by eminent domain, fee simple ownership of designated parcels of real property in Winter
Springs, Florida. Further this Resolution authorizes the City Attorney's Office to initiate eminent
domain proceedings to acquire designated parcels, and providing for an immediate effective date.
PURPOSE:
The purpose of this Resolution is to acquire real property necessary to construct roadway
improvements at Roberts Family Lane located within the Town Center. The roadway improvements
are part of the overall Town Center roadway master plan.
APPLICABLE LAW AND PUBLIC POLICY:
1. Section 166.401, 166.411 and 337.27, Florida Statutes.
2. Chapters 73 and 74, Florida Statutes.
CONSIDERATIONS:
1. For months, the City has attempted to negotiate the acquisition of the land from the apparent
property owner, Edward & Robbie On-Dick. See attached correspondence.
2. The property that the City seeks to acquire will be used to complete certain parts of the
Page 1 of 2
proposed Roberts Family Lane. Roberts Family Lane is proposed to be a collector road.
Most of Roberts Family Lane has already been donated to the City by Levitt & Sons as part
of their on-going townhouse project, Jesup Reserve. Further, some of the roadway
improvements on the land donated by Levitt & Sons have commenced.
3. Despite the City's efforts to acquire the property and explain the special benefits flowing to
the property owner (e.g., access and left in from SR 434, having a collector road designed,
permitted, and constructed adjacent to their propeliy at no cost), the property owner has been
unwilling to voluntarily convey the property to the City by sale and purchase contract.
4. A survey of the land has been completed.
5. The City Attorney's Office is ready to commence the acquisition of the subject property
through eminent domain procedures set forth under Florida Law.
ST AFF RECOMMENDATION:
The City Manager and City Attorney recommend approval of Resolution 2007-12.
A TT ACHMENT:
Resolution 2007-12 with Exhibit "A."
Misc. COlTespondence
COMMISSION ACTION:
The City Commission previously approved a pOltion of Robelts Family Lane located on
property previously donated to the City by Levitt & Sons at the time that the Jesup Reserve
townhome project was approved.
Page 2 of 2
RESOLUTION NO. 2007-12
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, DETERMINING THE NECESSITY AND PUBLIC
PURPOSE FOR THE ROBERT'S FAMILY LANE ROAD IMPROVEMENT
PROJECT, DETERMINING THE NECESSITY AND PUBLIC PURPOSE
FOR ACQUIRING BY EMINENT DOMAIN FEE SIMPLE OWNERSHIP OF
DESIGNATED REAL PROPERTY LOCATED IN THE CITY OF WINTER
SPRINGS, FLORIDA, AND AUTHORIZING ATTORNEYS TO INITIATE
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE DESIGNATED
PARCELS, AND PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, Florida Constitution permits the acquisition of private property for a public
purpose upon payment of full compensation; and
WHEREAS, the City of Winter Springs, Florida ("City") has the right and power of eminent
domain to acquire property for purposes of streets, lanes, alleys, and ways, and for existing,
proposed, or anticipated transportation facilities, pursuant to section 166.401, 166.411, and 337.27,
Florida Statutes;
WHEREAS, the City is currently invol ved in constructing and permitting the Winter Springs
Town Center in accordance with the goals, policies and objectives stated in the City's
Comprehensive Plan and City Code; and
WHEREAS, the Winter Springs' Town Center is a major development project that consists
of hundreds of acres of land located approximately within the center of the City and said Town
Center is of substantial public importance to the City and its citizens; and
WHEREAS, as part of the network of public streets and alleyways within the Winter
Springs' Town Center, the City seeks to acquire property for roadway improvements, and
transportation-related purposes. The project subject to this Resolution is generally referred to as
"Robert's Family Lane Road Improvement Project"; and
WHEREAS, the City needs this Project to provide cOill1ectivity of roadways and to handle
anticipated traffic; and
WHEREAS, the City has considered availability of alternatives, costs, environmental
factors, long-range plam1ing, safety, and other factors, and seeks to acquire fee simple interests in
the following property located in Winter Springs, Seminole County, Florida and more fully identified
and described as:
Parcel:
Legal description and sketch of description attached hereto as Exhibit A
WHEREAS, the City has surveyed and located the line or area of construction of the
proposed project and proposed construction plans have been prepared showing the plans for the
property sought to be acquired and the boundaries of the project and the parcel(s) to be acquired; and
WHEREAS, acquisition of the property referenced herein is necessary to complete the
project and is for a public purpose; and
WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
fully incorporated by this reference.
Section 2. Declaration of Necessity and Public Purpose. The City Commission hereby
declares the Robert's Family Lane Road Improvement Project is necessary and for a valid public
purpose, and the property identified above is necessary to accomplish the project. The acquisition
of the property and property rights described herein is necessary to the extent of the estate or interest
as set forth above for the performance of the duties of the City and for the construction,
reconstruction and maintenance of the transportation facilities described in the construction plans.
Section 3. Authorization to Initiate Action. The City is hereby authorized to acquire
the properties and property rights described herein by gift, purchase, or condemnation/eminent
domain. The City and its employees, managers, staff, attorneys, and other agents of the City are
hereby authorized to do all acts and things required of them by this Resolution, or desirable or
consistent with the requirements of the Resolution, for the full, punctual, and complete performance
of all the terms contained herein and authorized by law, and each employee, manager, staff member,
attorney, and agent of the City is hereby authorized and directed to execute and deliver any and all
papers and instruments, and to be and cause to be done any and all acts and things necessary or
proper for carrying out the transactions contemplated hereunder.
Section 4. Authorization for Attorneys. In addition to the authorization provided in
Section 3, the City Commission also hereby specifically authorizes its attorneys to initiate and pursue
to final judgment eminent domain proceedings to acquire title to the property described herein, and
to take any other necessary and lawful action including, but not limited to retaining and consulting
experts, to initiate eminent domain proceedings, and any other actions associated with or arising out
of such eminent domain or related proceedings. The attorneys are further authorized to accomplish
the acquisition of said property by settlement and compromise if same can be effected in accordance
with the terms, conditions, and limitations established from time to time by the City Commission.
City of Winter Springs
Resolution 2007-] 2
Page 2 of3
Section 5. Severability and Invalid Provisions. If any section, subsection, sentence,
clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion hereto.
Section 6. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs.
DONE AND ADOPTED at a regular meeting this 11 th day of March, 2007.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution 2007 -12
Page 3 of3
EXHIBIT
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POINT OF BEGINNING
Northeast corner of Jesup's)
Reserve Townhomes plat
Plat Book 69, Pages 4-11
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Innisbrook Lane
Abbey Glen Lane
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Easterly line of
Jesup's Reserve
Townhomes
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Northeast corner of Jesup's
Reserve Townhomes plat
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Surveyor's Report
1. THIS IS NOT A SURVEY.
State Road 434
Right of Woy width varies
N 38'56'10" W
11.31'
\.. South R/W line
R = 31.50'
D = 47"57'56"
L = 26.37'
CB = S 68'03'54" W
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Sketch and Description
A portion of Block "B" of D.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP, according to the plat
thereof as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida, being more
particularly described as follows:
BEGIN at the Northeast corner of JESUP'S RESERVE
TOWNHOMES according to the plat thereof as recorded in
Plat Book 69, Pages 4 through 11, Public Records of
Seminole County, Florida; thence South 51'15'00" West,
along the Easterly line of said JESUP'S RESERVE
TOWNHOMES for a distance of 582.28 feet; thence North
67'51'41" East for a distance of 37.95 feet to a point of
curvature of a curve concave Northwesterly, having a
radius of 63.50 feet and a delta angle of 16'36'41";
thence run Northerly along the arc of said curve a
distance of 18.41 feet to the point of tangency; thence
North 51'15'00 East, for a distance of 426.93 feet; thence
North 44'04'56" East for a distance of 76.95 feet to a
point of curvature of a curve concave Southeasterly,
having a radius of 31.50 feet and a delta angle of
47'57'56"; thence run Northerly along the arc of said
curve a distance of 26.37 feet to a point on the South
right of way line of State Road No. 434; thence run North
38'56'10" West along said South right of way line, for a
distance of 11.31 feet to the POINT OF BEGINNING.
Contains 6993.5 square feet or 0.161 acres, more or less.
R/W line
Legend
. - denotes Change in Direction
R/W - denotes right of way
R - denotes radius
D - denotes central angle
L - denotes length
CB - denotes chord bearing
;:
,
2. Bearings shown hereon are based on the easterly line of Jesup's Reserve Townhomes according to the plat thereof as
recorded in Plat Book 69, Pages 4 through 11, public records of Seminole County, Florida, bearing South 51'15'00" West
per said plat.
3. This sketch is not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
d Benchmark Surveying & Mapping Consultants. Inc,
V Certificate of Authorization Number - LB 6796
Post Office Box 771065, Winter Garden, Florida 34777-1065
557 West Plant Street, Winter Garden, Florida 34787
(407) 654-6183 Fax (407) 654-6184
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R = 63.50'
D = 16'36'41"
L = 18.41'
CB ::; N 59'33'21" E
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56002 CURB
RW OFFSITE
Pro ject #
Prepared By:
01 /29/07
Date
MISCELLANEOUS CORRESPONDENCE
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LJ FILE
CITY OF WI NTER SPRI NGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
January 5, 2007
Margaret A. Wharton, P.A.
456 South Central Avenue
Oviedo, FL 32765
Subject:
Roberts Family Lane Right-of-Way at Ondick Property
Dear Ms. Wharton:
In response to your letter dated December 21, 2006, I wanted to clarify that the
driveway connection of Roberts Family Lane is built entirely on property owned by
Levitt & Sons and FDOT. It is the extension of Roberts Family Lane further south along
the property boundary that requires land from your client. The attached drawing
hopefully illustrates this a little clearer.
Roberts Family Lane is intended to provide access to your client's property. It
will be a City right-of-way and it is part of the Winter Springs Town Center roadway
network. The connection points to Roberts Family Lane would be determined when the
Ondick property develops.
Again, it is our desire that your client participate in this project because it is
beneficial to your client's and the City's interests.
Sincerely,
~~
Brian Fields, P .E.
City Engineer
cc: Ronald W. McLemore, City Manager
Anthony Garganese, City Attorney
Kip Lockcuff, P .E., Utility / Public Works Director
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101 0
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..q- Yellow shading shows the
~
10' O' 8' 6' 6' portion of the Roberts
Family Lane paving
100 located on Levitt & Sons'
property
. r.:. 4'
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\~~~\ FObertsF.~IIY Lane.
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-
Ondlck I Levitt
property line
SITE BENCHMARK #2
SET 5/B" IRON ROD &
STAMPED "TRAV PT"
TOP ELEVATln~'~ ~-
--
-
Orange shading shows the
portion ot the Roberts
Family Lane paving .
proposed to encroach on
the Ondick property.
This is the point where
Roberts Family Lane begins
to encroach into the Ondick
property. Please note that
the driveway connection
(shown in blue) and about
20-feet of Roberts Family
Lane are shown without
encroachment into the
Ondick property.
Blue shading shows the
portion of the Roberts
Family Lane paving
located within the FDOT
right-ot-way
Ib
--
14'
FOOT lYPE "F" CONC.
".'DD ... I'IIT'T-.:"O Tn
MARGARET A. WHARTON, P. A.
ATTORNEY AT LAw
TELEPHONE
(407) 365-7193
FAX
(407) 366-0776
EMAIL: maW@mawharton.com
STREET ADDRESS
456 SOUTH CENTRAL AVENUE
OVIEDO. FLORIDA 32765
December 21, 2006
MAlUNC ADDRESS
POST OFFICE BOX 621172
OVIEDO, FLORIDA 32762-1172
BRIAN FIELDS, P.E.
City Engineer
City of Winter springs
1126 E. State Road 434
Winter Springs, FL 32708-2799
Re: Mr. And Mrs. Edward R. Ondick
Dear Mr. Fields:
You indicate "that the roadway connection of Roberts Family Lane at S. R. 434 has
already been designed, constructed and accepted by FDOT without needing any land from your
client" and there is no need for any of the Ondicks' property for that purpose. However, that
does not appear to be the case from the drawing you have provided, and is contrary to the
representations that have been made by the City and your attorney in the past. This appears to be
ajoint driveway access road from the highway, and I think DOT would agree. Therefore, it will
presumably have impact on my clients' property potential development plans, if not immediately.
If the road was not intended to provide access to my clients' property, as you seem to
indicate, I do not understand why the adjoining property owner did not provide sufficient area
within its property in which to construct the entire road. I also frankly do not understand why the
City is involved in trying to obtain private property for what appears to be an adjacent property
owner's use.
In any event, as I indicated in my earlier correspondence, the Ondicks are not inclined to
convey title or easement rights to any of their land at this time.
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cc: Anthony Garganese, Esq.
Mr. and Mrs. Edward R. Ondick
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327.1800
Fax (407) 327-6695
December 12, 2006
Margaret A. Wharton, P .A.
456 South Central Avenue
Oviedo, FL 32765
Subject:
Roberts Family Lane Right-of-Way at Ondick Property
Dear Ms. Wharton:
The City Attorney has forwarded your letter dated December 4, 2006 to me for a
response. From what I can gather, there appears to be a misunderstanding of what the
City is requesting from your client and the impacts to the subject property. My intent
with this letter is to clarify several engineering-related items in this matter. You should
direct any response to this letter to the City Attorney.
The City of Winter Springs is not requesting any land from your client in order to
have a roadway connection at S.R. 434. The roadway connection of Roberts Family
Lane at S.R. 434 has already been designed, constructed, and accepted by FDOT without
needing any land from your client. This roadway connection is located entirely within
FDOT right-of-way and on property owned by Levitt & Sons. This roadway connection
is now open and is being used by Levitt to access their onsite sales trailer. Please refer to
the attached drawing of Roberts Family Lane to illustrate this point.
In order to extend Roberts Family Lane south along Levitt's east property
boundary (Ondick's west boundary), the City is requesting conveyance of a strip ofland
along the Ondick's west boundary that is generally the western-most 30-feet of the
Ondick property. Conveying this property provides the following primary benefits to the
Ondick property owner:
. Direct access from the Ondick property to a City collector road (Roberts
Family Lane). Roberts Family Lane is a public right-of-way that will be
available to the Ondick property when it is developed.
. Left-in access from S.R. 434 directly to the Ondick property, something which
would likely not be allowed by FDOT or the City at any location along the
Ondick's S.R. 434 frontage due to its proximity to the Tuskawilla Road
intersection.
. Construction of a City collector road (Roberts Family Lane) immediately
adjacent to the Ondick property at no cost to the property owner.
All curb cuts on S.R. 434 are subject to review and approval by FDOT and the City
of Winter Springs. The Roberts Family Lane roadway connection at S.R. 434 has been
constructed in its permanent condition as identified in the City's FDOT -approved S.R.
434 Town Center Access Management Plan. The Roberts Family Lane roadway
connection must be located where it has currently been constructed in order to properly
align with Cliff Rose Drive on the north side ofS.R. 434.
I respectfully suggest that you review the details of this letter with your client. If
you have any questions or desire to arrange a meeting, please contact the City Attorney
and we will be happy to answer additional questions or arrange a meeting.
Again, it is our desire that your client participate in this project because it is
beneficial to your client's and the City's interests.
Sincerely,
~~
Brian Fields, P .E.
City Engineer
cc: Ronald W. McLemore, City Manager
Anthony Garganese, City Attorney
Kip Lockcuff, P.E., Utility / Public Works Director
. sauD WHiTE
1- ASPHALT .
OVERlAY
NEW ASPHAlllC
CONCRETE. SEE lYP.
SEcnON SHEET 22
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SITE BENCHMARK #2
SET 5/8" IRON ROD & CAP
STAMPED "TRAV PT"
TOP ELEVA T1f"~I- ~.1f!'
--
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Ondickproperty Une
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S..R .434Ri!Jht~f,Way '.
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,MATCHi EXlsr. (lYP)
i (F1EI;D VERIFY)
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SEE S~R.4J4
DESiGN PLANS FOR ,
EXACT IRONJNAY! GEOMSRY
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MARGARET A. WHARTON, P. A.
ATTORNEY AT LAw
TELEPHONE
(407) 365-7193
FAX
(407) 366-0776
EMAIL: maW@mawharton.com
STREET ADDRESS
456 SOUTH CENTRAL AVENUE
OVIEDO, flORIDA 32765
MAllJNG ADDRESS
POST OFFICE BOX 621172
OVIEDO, FLORIDA 32762-1172
December 4, 2006
ANTHONY A. GARGANESE, Esq.
Tl_....."..__ f-..........("l'I:II~."'n.... ,"1:7....;........ L;_ D' A _......,.-4... 1) 1'\
~J.V <1\'.1.1., Vl.4..l.b\..&.J.J.......J~' l; t:...&-;:':; L:k... .rl.t;.l\....':>>t..U.. .r: 1"1-
P. O. Box 2873
Orlando, FL 32802-2873
Re: City of Winter Springs/Ondick
Dear Mr. Garganese:
After consulting with my clients and performing furth~r investigation, my clients must
respectfully decline the City's offer to convey a portion ofmeir property for a driveway to be
utilized by t.he adjoiningproRerty owner.
After conferring with an engineer, there are very real C0l1'.;ernS with how my clients'
property may be impacted by the dedication of a portion of thei: property for a new right of way
to State Road 434. As I indicated during our telephone conversation, my clients have several
existing curb cuts and they do not want to put tho::,e existing curt, cuts at risk or limit the future
development of their property and its access becC'.'.lse they agreed 'I.L) convey a portion of the lands
to be utilized for this new curb cub. As I further expressed to yo~. I am concerned that there is
no mention in the pelmit or the application therefor that the 1)( 'VIi drive is intended to be used by
both property owners As I suspected, there an: nlles regarding ihe distance between curb cuts,
de. that all must be considered. a..tld g.t tbj~ tj'l1!;, my ':.'!.if'~t,,?rp !~(.t. r-re;:''1:e:.:1 tQ ~gr~e to:' ta1:-: Qfl5'
umher action which may impact their properry in the future.
Y0Ursv~..'~.,>r /Iy,
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MARU.C\H.ET A. \\"l:ARi'ON
MA W:rm
cc: Mr. A,nd 'Mrs. Ed"vard Or-dICk
BRO\XTN, GARGAl"'JESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
Debra S. Babb-Nutcher"
Joseph E. Blitch
Usher L. Brown '
Suzanne D'AgrestaD
Anthony A. GarganeseD
J'w. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Vivian Cocotas
Michael O'Brien Colgan
Scott J. Domstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
'Soard Certified Civil Trial Lawyer
"Soard Certified City, County & Local Government Law
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
December 4, 2006
Margaret A. Wharton, Esq.
P.O. Box 621172
Oviedo, FL 32762-1172
Re: City of Winter Springs/General
(1193)
Ondick Property
Dear Ms. Wharton:
At your request, on October 24,2006, I had sent you some information pertaining to the City
of Winter Springs' desire to acquire a small portion of your client's property. In addition, I had
arranged for you to meet with city staff and myself to discuss this matter more fully and on
November 7, 2006 sent you some available dates for same.
After providing this information I did not hear from you. I have also called your office
several times and have been unable to reach you. I feel that the City of Winter Springs has been very
cooperative in our efforts to educate you for the purpose of discussing this matter with your client.
At this point no progress has been made in working out this matter which I feel is of mutual benefit
to both our clients.
225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa (866) 425-9566' Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
December 4, 2006
Page 2
I would like to bring this matter to a speedy conclusion. Do you have any suggestions?
AAG/kdm
cc: City Manager
Anthon . Garganese
City Attorney
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attornrys at Law
Debra S. Babb-Nutcher
Joseph E. Blitch
Usher L. Brown -
Suzanne D'AgrestaO
Anthony A. GarganeseO
J.W. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Michael O'Brien Colgan
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
-Board Certified Civil Trial Lawyer
"Board Certified City. County & Local Government Law
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
November 7, 2006
Via Facsimile
Margaret A. Wharton, Esq.
P.O. Box 621172
Oviedo, Florida 32762-1172
Re: City of Winter Springs/General
(1193)
Ondick Property
Dear Ms. Wharton:
After our telephone conference this morning, I contacted the City staff to get several
available dates to meet with you and your client regarding this matter. The City's Engineer
is available next week, except Thursday, November 16, 2006. In addition, the City
Engineer is available on either November 20, 21, or 22. Please discuss this with your
client, and his engineer, and contact me to schedule a mutually convenient date. As I
indicated to you during our telephone conference, I also want to attend this meeting. I will
do my best to work around your schedule. My preference, however, is to meet in the
morning.
I look forward to your response.
Sinperel ,
.,;/
~y;
/
Anthony A. Garganese
City Attorney
--..-'.
AAG/cv
G:\Docs\City of Winter Springs\Ondick Right of Way\Correspondence\Ltr to Margaret Wharton 11-07-06.wpd
225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144 . Cocoa (866) 425-9566' Fl. Lauderdale (954) 670-1979
Website: www.orlandolaw.net . Email: firrn@orlandolaw.net
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at LaP.!
Debra S. Babb-Nutcher"
Joseph E. Blitch
Usher l. Brown '
Suzanne D'Agresta'
Anthony A. Garganese'
J.W. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Michael O'Brien Colgan
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
October 24, 2006
Margaret A. Wharton, Esq.
PO Box 621172
Oviedo Florida 32762-1172
Re: City of Winter Springs/General
(1193)
Ondick Property
Dear Ms. Wharton:
I am writing to follow-up with your voicemail message to me last week regarding the
City of Winter Springs' desire to acquire a small portion of your client's property. You
indicated that you needed additional information for purposes of advising your client.
Enclosed please find:
1. A sketch and legal description of the strip of land that the City of Winter
Springs desires to acquire from your client.
2. A copy of the engineering drawings depicting the design and specifications
for Roberts Family Lane. The eastern portion of Roberts Family Lane is
proposed to be located on your client's property. You will note in the design
specifications, however, there are no specifications on said property east of
the 18 inch concrete curb and gutter. Once the City of Winter Springs
acquires the property, the City plans to construct a mirror image of the details
west of said curb and gutter, particularly pavement, a sidewalk and
landscape plantings.
3. Copy of the Florida Department of Transportation permit for the curb cut at
the intersection of Roberts Family Lane and S.R. 434.
225 East Robinson Street, Suite 660 . P.O. Box 2873' Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144' Cocoa (866) 425-9566' Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net . Email: firrn@orlandolaw.net
October 24, 2006
Page 2
4. Copies of two aerial photographs depicting the subject property.
As you probably can discern from the enclosed information, the proposed Roberts
Family Lane will provide your client with significant and beneficent access to their property.
After you review the information provided in this letter, please contact me as soon as
possible so that we can discuss the City's request to acquire the real property depicted on
the sketch and legal description.
/
Anthony A. Garganese
City Attorney
AAG/cv
Enclosures
cc: Ronald W. McLemore, City Manager (w/o enclosures)
G:\Docs\City of Winter Springs\Ondick Right of Way\Correspondence\Ltr to Margaret Wharton 10-24-06.wpd