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HomeMy WebLinkAbout2007 02 12 Consent 414 Roy v. City of Winter Springs, Florida Power & Light and Seville Chase HOACOMMISSION AGENDA ITEM 414 February 12.2007 Regular Meeting REQUEST: Public Hearings Regular Consent X i Informational I I Mgr. Authorization Dept. The City Attorney is requesting that the City Commission consider approving a mediated Settlement Agreement in the case "Roy v. City of Winter Springs, Florida Power & Light and Seville Chase Homeowners Association." PURPOSE: The purpose of this agenda item is to request that the City Commission consider approving a mediated settlement agreement that was prepared as a result of mediation on January 24, 2007. CONSIDERATIONS: 1. Generally, plaintiffs claim that their real property does not have access and is landlocked. They sued the three defendants, including the City, because the defendants own land adjacent to their property. Pursuant to section 704.01, Florida Statutes, Plaintiffs are seeking access to their property by a statutory way of necessity. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING -FEBRUARY l2, 2007 CONSENT AGENDA ITEM 4t4 PAGE 2 OF 2 2. On January 24, 2007, the City Attorney, City Manager, and the Utilities Director attended mediation of this case. After a lengthy mediation, a mediated settlement agreement was prepazed and agreed to by all parties in attendance. Shortly after mediation, a copy of the mediated settlement agreement was forwarded under separate cover to the Mayor and the City Commission. 3. The City's final approval of the mediated settlement agreement is contingent upon the City Commission's approval. 4. If the City Commission approves the settlement agreement, the plaintiffs will dismiss the case with prejudice. The real property exchanges will occur in accordance with the schedule in the mediated settlement agreement. RECOMMENDATION: It is recommended that the City Commission approve the mediated Settlement Agreement. COMMISSION ACTION: IN THE CIRCUIT COURT LN AND FOR SEMINOLE COUNTY, FLORIDA RICHARD ROY and KATHLEEN ROY, Plaintiffs, v CASE NO.: OS-CA-1700-14-K SEVILLE CHASE HOMEOWNERS ASSOCIATION, INC.; FLORIDA POWER CORPORATION; and CITY OF WNTER SPRINGS; Defendants. NOTICE OF FILING SETTLEMENT AGREEMENT COME NOW Plaintiffs, RICHARD ROY and KATHLEEN ROY, by and through their undersigned attorney, and gives this notice of filing the Settlement Agreement of the parties. I HEREBY CERTIFY that a true and correct copy of the foregoing has been famished by U.S. iV1ai1 this ~~2iay of January, 2007 to: DEBRA S. BABB-NUTCHER, ESQ., Brown, Garganese, Weiss & D'Agresta, P.A., P. 0. Box 2873, Orlando, FL 32802-2873, FRANK A. RUGGIERI, ESQ., Larsen & Associates, P.A., 55 East Pine Street, Orlando, FL 32801 and GEORGE E. OWEN, JR., ESQ., Crawford, Owen & Hines, P.A., 100 Second Avenue South, Suite 301N, St. Petersburg, FL 33701. ,~.: ~- • WARD COOLEY; ESQ. S epherd, McCabe & Cooley 4~0 SR 434 West, Suite 200 Longtivood, Florida 32750 Telephone: (407) 830-9191 Facsimile: (407) 830-9049 Fla. Bar No.: 155160 Attorney for Plaintiffs IN THE CIRCUIT COURT OF THE 18T" JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NUMBER: 05-CA-1700-14-K RICHARD ROY and KATHLEEN ROY, Plaintiffs, vs. SEVILLE CHASE HOMEOWNERS ASSOCIATION, INC.; FLORIDA POWER CORPORATION; and CITY OF WINTER SPRINGS, Defendants. SETTLEMENT AGREEMENT Pursuant to the mediation on January 24, 2007, the parties agree as follows: Plaintiffs Rick Roy, Kathleen Roy, Defendants Progress Energy d/b/a Florida Power ("Florida Power"), and City of Winter Springs agree as follows: Seville Chase Homeowners Association will be dismissed. 2. to exchange for the real property conveyance from the City set forth in paragraph 3, the Roys will convey to the City of Winter Springs by special warranty deed the real property depicted in Green and marked A on the attached drawing. Said conveyance shall be free and clear of all encumbrances, mortgages, and liens. 3. In exchange for the real property conveyance from the Roys set forth in paragraph 2, the City of Winter Springs shall convey to the Roys by special warranty deed the real property depicted in Blue and marked B (a triangle containing 1 '/z acres with the south and west legs being equal in length) on the attached drawing, and the City shall convey by special warranty deed the real property marked C and depicted in Red on the attached drawing. The real property marked as C shall contain a ~~ ~~~ tapering area of approximately 50' in length to accommodate the transition width from 50' to 30' to 50'. Said conveyances shall be free and clear of all encumbrances, mortgages, and liens. 4. Florida Power shall convey to the Roys by special warranty deed a strip of real property marked as D and depicted in Blue on the attached drawing. Said strip shall be a maximum of 20 feet wide and approximately 180 feet long on the Northwest corner of property. Roy shall pay to Florida Power the appraised value of the property. Said conveyance shall be free and clear of all encumbrances, mortgages, and liens. The Roys shall bear any and all costs and expenses relative to the sale including, but not limited to, title insurance, survey, document stamps, recording costs, etc. The price shall be determined by an appraisal conducted by an MAI appraiser selected by the Roys. Florida Power shall provide a bond indenture release issued approximately sixty (60) days following closing. 5. Relative to the conveyances set forth in paragraphs 2 , 3, and 4, the City and Roys shall share the costs of surveys and conveyancing costs, subject to the Roy's obligations to pay Florida Power's costs and expenses as required by paragraph 4. The City shall select the surveyor. 6. Upon development of the real property labeled C on the attached drawing, Roys shall relocate any gopher tortoises located on said real property. The City agrees that the Roys may relocate any gopher tortoises to the City's adjoining property, to the extent permitted by law and to the extent said relocation does not interfere with the public facilities located on the City's real property. The relocation shall be coordinated in advance with the City. 7. Nothing herein shall state or imply any development rights or approvals to the Roys. Page 2 of 4 ~~ However, the City recognizes the purpose of the 50 foot right of way is for a road assuming Roys meet all the requirements of the City Code. 8. Each party agrees to pay its own fees and costs except as otherwise provided herein. 9. This settlement agreement shall only be binding on the parties if approved by the City Commission of Winter Springs. The City Attorney shall present this settlement agreement to the City Commission no later than the next regularly scheduled City Commission meeting which is scheduled for February 12, 2007. 10. Plaintiffmust pay Florida Power to relocate any electrical facilities located within the real property marked D which Florida Power deems, in their opinion, necessary to be relocated as a result of the conveyance from Florida Power to the Roys and the proposed road. Such relocation will be done at a time determined to be appropriate by Florida Power. If Florida Power decides to accommodate a delay request by the Roys then the Roys shall provide Florida Power with an easement for such parcels. 11. The Roy's shall address any and all storrnwater issues as a result of the conveyance and road at their expense and off the property of Florida Power. 12. The Roys shall grant Florida Power an easement across existing roads and future roads on Roy's property for purposes of maintaining lines and trimming trees. 13. Florida Power and the City shall bear no cost or expense whatsoever relative to the consummation of this settlement except for their own respective attorney's fees. 14. That prior to developing the lands with Florida Power's 100' wide transmission easement. Plaintiff shall submit for Florida Power's prior review and written approval a transmission right of way use application to determine there are no Page 3 of 4 ~~ " ~' ^~ . conflicts with Florida Power's facilities. A transmission right of way use application can be downloaded from ~t~.ora~rojectsolutions.com or by contacting Florida Power's Northern transmission encroachment agent. 15. The Roys shall give Florida Power the right to enter the Roy's property to trim and/or remove any trees that Florida Power determine, in their discretion, may interfere with any Florida Power facilities. 16. Upon full execution of all conveyance documents required hereunder, the City Attorney shall record the documents in the public records of Seminole County. Upon recordation of all conveyance documents, the Roys shall immediately file a voluntary dismissal of this lawsuit with prejudice and Plaintiffs hereby release the City and Florida Power from any and all liability related to the subject matter of this lawsuit. Dated this 24`h day of January, 2007. F3f.' Edward Cooley, Esquire Atto'rr~ey for the Roy Richard Ro Kat le oy ~~ Anthony A. Garganese City Attorney of Winter Springs i G roe ge Owen, Esquire Attorney for Florida Power Page 4 of 4 o a ~a ,y ~~ ~ m u ~ _ ( ~, n ..~ ,8: ~ i Y~y\;,;;~uGe ~,,,~/~0'pp',(~.~7.~-F~+IB~~' '_ \~^~ y\./r ~~N~ ~--y~"// s.,i~ ~~~fd ~\ ,~ R ~ ~' ~y ~~ ~q~`f~'~~~ v A ~ ~ ~~ i B~ ~ f ~< ~ eye ~ / ~ 7 d. ~5 ~y>~37 per. .~ A ~. ~~ / @ ~/ ~ Ir*i 9 c~ _ r ~~A / ~~ p { ~ y n ~ 0., 0'G .~ 9~tl ~3 /~/ t0~ ~ N//,~(/~~ / ~ ~ A a g ~'y1}i n C~ ~ A a~ S\ y 1 7t 9 A Y~ r - ~_ ~-i , :~V C~%~,~ I e~~~ :"~~ ~ }~ ,r~ H) ~p~-1~a~ 7;~ 2e i;~I ~ tly A ~g(v~~ ~~`,r p `_' ~ ~~ a ~~ A~~~~~ A' ~ i n '0 d c Cr-_=,L•J ~c~.~~~/ •~_~~ ii- _~~~_~ l~L. ~ 9~; / ~i ~ I E~ ) '~'I h i ~~ ~ x ~~~~ S! / L_8 ~ C~ ~ ~ ~ ~ ~~ P IU P I A A "-'rt A a e fi u ~ °~ - ~'~ --/ ~ n , ~ ~ ,_MC )_~ ,y~F ~ ~ ~-L~_ a L~ r ~~ _ .-, _ ~~,. ~ ~~._- / ~' ~~~~ ~ N~d~~G ~ t ~~ ) rove ~, ~ _ , ~. ~~ ~Ih1 1~IJa z,. `_ ~ I q; ~ ~1DC'q`p~.,9~1R fin... 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