HomeMy WebLinkAbout2011 03 28 Consent 204 Authorization to Enter into Solary Canal Boundary Survey Agreeement
COMMISSION AGENDA
CONSENT X
INFORMATIONAL
ITEM 204
PUBLIC HEARING
REGULAR
MGR /DEPT
March 28, 2011
Meeting
Authorization
REQUEST: Public Works Department requesting authorization to enter into a Boundary
Line Agreement for the resolution of a boundary line dispute along the
southern boundary of the Solary Canal Regional Stormwater Treatment
Area property.
SYNOPSIS:
The southern boundary line of the City’s property at the Solary Canal Regional
Stormwater Treatment Area site at 1900 DeLeon Street came into question during
the process of the City’s acquisition of the property from the St. Johns River
Water Management District in March 2010. This Boundary Line Agreement with
the two adjacent property owners establishes a common boundary line acceptable
to all parties.
CONSIDERATIONS:
The Solary Canal Regional Stormwater Treatment Area is located on a 28.9-acre property
at 1900 DeLeon Street in the northeast corner of the City of Winter Springs. The
property was acquired by the City from the St. Johns River Water Management District
by a Quit Claim Deed that was approved by the City Commission on December 14, 2009
and recorded on March 31, 2010.
The boundary survey prepared by the City’s survey consultant, Land-Tech Survey and
Mapping Corp., indicated that the southern property line was actually 92.5-feet further
south than was represented by the Water Management District’s surveyor. After
extensively researching the boundary line including consulting with several other
surveyors who have worked in this area, it was concluded that a survey done in 1910
produced a map incorrectly showing the southern boundary line, and that line was carried
forward in error on subsequent surveys. Land-Tech concluded that the correct southern
boundary was indeed 92.5 feet further south than previously thought.
The 92.5-foot wide area in question along the southern property boundary is “occupied”
land overlapping two adjacent parcels, with one owned by Thomas Minter and the other
owned by Donald Weaver. On Mr. Minter’s property, a portion of the single-family
residence and other improvements are currently located within the 92.5-foot wide area in
March 28, 2011
Agenda Item #204
Page 2 of 2
question, while on Mr. Weaver’s property the 92.5-foot wide area is occupied by
agricultural land use.
The City Attorney’s office prepared a Boundary Line Agreement (see enclosed Exhibit
A) that has been executed by both Mr. Minter and Mr. Weaver. The Agreement
establishes a common boundary line at the “Occupied Line” as referenced in Land-Tech’s
boundary survey. Setting the boundary line as the “Occupied Line” recognizes that the
92.5-foot wide area in question is not City property and it belongs to the adjacent
property owners (Minter and Weaver). The 92.5-foot wide area is not needed for the
Solary Canal project and the design was prepared based on the District’s survey which
showed the property line as the “Occupied Line.”
FISCAL IMPACT:
The fiscal impact associated with this Boundary Line Agreement is payment of the
recording fees for recording the 12-page document, which are estimated to be less than $100 and
will be paid out of the Stormwater Fund.
COMMUNICATION EFFORTS:
This Agenda Item has been forwarded to the Mayor and City Commission; City
Manager; City Attorney/Staff; placed in Press Packets; placed in the City Hall (Lobby) City
Commission Meeting binder; and is available on the City’s Website, LaserFiche, and the City’s
Server. Additionally, information related to this Agenda Item has been sent to media/press
representatives who have requested Agendas/Agenda Item information, all Homeowner’s
Associations on file with the City, all individuals who have requested Agendas/Agenda Item
information, Department Directors; and also posted outside City Hall; posted inside City Hall
with additional copies available for the general public; and posted at five (5) different locations
around the City.
RECOMMENDATION:
Staff recommends the City Commission provide authorization to enter into a Boundary
Line Agreement for the resolution of a boundary line dispute along the southern boundary of the
Solary Canal Regional Stormwater Treatment Area property, and authorize the City Manager
and City Attorney to prepare and execute any and all applicable documents.
ATTACHMENTS:
1.Exhibit A – Boundary Line Agreement