CITY MANAGER MEMORANDUM To: The Honorable Mayor Kelley and City Commissioners Through: Joyce A. Shanahan, City Manager From: Ric Goss, AICP, Planning Director Date: July 14, 2011 Subject: 17 Foxfords Chase, Partial Drainage Easement Release Introduction: This is request by Robert A, Merrell III, Esquire, Cobb Cole, on behalf of the property owners, Markham T. Van Cleef and Peggy A. Van Cleef, for a 427 square foot partial drainage easement release at 17 Foxfords Chase. Background: The property at 17 Foxfords Chase is part of the Shadow Crossings, Unit 2, of the Hunter s Ridge Phase 1 plat that was recorded in 1992. The plat provided a 20 drainage easement along the rear and side yard next to a wildlife/water management area. Building Department records show the house was constructed in 1994 and in 2002 an addition was permitted, constructed and inspected. The addition is located within a portion of the side yard 20 drainage easement. The current property owners purchased the home in May of this year and are seeking to correct the encroachment into the 20 drainage easement by partially releasing a portion of the easement. The City Site Plan Review Committee has reviewed the partial easement release and has no objections. The existing 7.5 utility easement along the side yard is not being modified and no objection letters are not required from the utility providers. The partial easement release will not impact drainage in the subdivision. Recommendation: It is recommended that the City Commission APPROVE a partial, 427 square foot, drainage easement release at 17 Foxfords Chase. Reviewed by: /s/ 07/14/2011 Theodore S. MacLeod, P.E. Date Assistant City Manager Approved by: /s/ 07/14/2011 Joyce A. Shanahan, City Manager Date Prepared by: Steven Spraker, AICP, Senior Planner [CM Memo 17 Foxfords Chase, Partial Drainage Easement Release.doc]
RESOLUTION NO. 2011-102 A RESOLUTION AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED IN FAVOR OF MARKHAM T. VAN CLEEF AND PEGGY A. VAN CLEEF, RELEASING A PORTION OF A TWENTY-FOOT DRAINAGE EASEMENT LOCATED ON THE SOUTHEAST SIDE OF LOT 46, SHADOW CROSSINGS, UNIT 2, OF HUNTERS RIDGE SUBDIVISION, PHASE I (17 FOXFORDS CHASE); AND SETTING FORTH AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ORMOND BEACH, FLORIDA, THAT: SECTION ONE. The Mayor and the City Manager are hereby authorized and directed to execute that Quitclaim Deed in favor of Markham T. Van Cleef and Peggy A. Van Cleef, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, for the purpose of releasing a portion of the twenty-foot drainage easement along the southeast side of the property described therein for drainage purposes, said property being commonly located at 17 Foxfords Chase within Shadow Crossings, Unit 2, of Hunters Ridge Subdivision (Parcel ID # 4127-02-00-0460). SECTION TWO. This Resolution shall take effect immediately upon its adoption. -1-
APPROVED AND AUTHENTICATED this 19th day of July, 2011. ED KELLEY Mayor ATTEST: JOSHUA FRUECHT City Clerk -2-
EXHIBIT "A" (TO RESOLUTION) THIS INSTRUMENT PREPARED BY: RANDAL A. HAYES, ESQUIRE Florida Bar No. 0747157 173 South Beach Street Post Office Box 277 Ormond Beach, FL 32175 386-676-3217 QUITCLAIM DEED THIS QUITCLAIM DEED, executed this day of July, 2011, by the CITY OF ORMOND BEACH, a Florida municipal corporation, whose post office address is 22 South Beach Street, Ormond Beach, Florida 32174 ("the Grantor"), to MARKHAM T. VAN CLEEF and PEGGY A. VAN CLEEF, husband and wife, whose post office address is 17 Foxfords Chase, Ormond Beach, Volusia County, Florida 32174 ("the Grantees"): WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00, in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the Grantees forever, all of the right, title, interest, claim and demand which the Grantor has in and to a portion of the southeast side yard drainage easement on that real property described and depicted in Exhibit A attached hereto and incorporated herein by reference (17 Foxfords Chase, Ormond Beach, Volusia County, Florida [Parcel ID # 4127-02-00-0460]). THE PURPOSE OF THIS QUITCLAIM DEED IS TO RELEASE ANY INTEREST WHICH THE CITY OF ORMOND BEACH MAY HAVE IN AND TO THE USE OF THE AFOREDESCRIBED REAL PROPERTY FOR DRAINAGE PURPOSES. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantees forever. -1-
IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: CITY OF ORMOND BEACH, a Florida municipal corporation By: Print Name: ED KELLEY, Mayor 22 South Beach Street Ormond Beach, FL 32174 Print Name: Attest: JOYCE A. SHANAHAN, City Manager 22 South Beach Street Ormond Beach, FL 32174 STATE OF FLORIDA ) )ss: COUNTY OF VOLUSIA) The foregoing instrument was acknowledged before me this day of July, 2011, by ED KELLEY and JOYCE A. SHANAHAN, as the Mayor and the City Manager, respectively, of the City of Ormond Beach who are personally known to me. NOTARY PUBLIC State of Florida Official Seal: -2-
EXHIBIT "A" PAGE 1 OF 2 LEGAL DESCRIPTION OF PORTION BEING RELEASED PARCEL "A" (AREA WITHIN DRAINAGE EASEMENT): A PORTION OF THE SOUTHEASTERLY 20 FEET OF LOT 46, SHADOW CROSSINGS, UNIT 2 OF HUNTERS RIDGE SUBDIVISION, PHASE 1, OF PLAT RECORDED IN MAP BOOK 44, PAGES 49 THROUGH 52, INCLUSIVE, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, SAID SOUTHEASTERLY 20 FEET BEING A PART OF A PLATTED DRAINAGE EASEMENT PER SHADOW CROSSINGS, UNIT 2, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHERLY CORNER OF SAID LOT 46; THENCE N 38 13'36" W ALONG THE SOUTHWESTERLY LINE OF SAID LOT 46, 20.28 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 20 FEET; THENCE N 42 09'31" E ALONG SAID NORTHWESTERLY LINE, 37.95 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 42 09'31" E ALONG SAID NORTHWESTERLY LINE, 34.15 FEET; THENCE S 47 50'29" E, 12.50 FEET, TO A POINT THAT IS 7.5' NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LOT 46; THENCE S 42 09'31" W PARALLEL WITH SAID SOUTHEASTERLY LINE, 34.15 FEET; THENCE N 47 50'29" W, 12.50 FEET TO THE POINT OF BEGINNING, CONTAINING 427 SQUARE FEET MORE OR LESS. OWNERS: MARKHAM T. VAN CLEEF and PEGGY A. VAN CLEEF ADDRESS: 17 FOXFORDS CHASE, ORMOND BEACH, FL 32174 PARCEL LEGAL DESCRIPTION: LOT 46, SHADOW CROSSINGS, UNIT 2 OF HUNTERS RIDGE SUBDIVISION, PHASE 1, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK 44 AT PAGES 49 THROUGH 52, IN THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA PARCEL ID# 4127-02-00-0460
EXHIBIT A PAGE 2 OF 2