072307 - Item 7BAGENDA ITEM # 7B
JULY 23, 2007
ORDINANCE N0.65-07-35
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CLOSING, VACATING AND ABANDONING A CERTAIN PORTION OF
CORNELL LANE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as part of the City's intent to provide affordable housing within the city limits
of Atlantic Beach, Beaches Habitat for Humanity needs to obtain ownership of certain property
currently owned by the City of Atlantic Beach, which is a portion of the city owned right of way in
Cornell Lane, and
WHEREAS, Beaches Habitat for Humanity is providing valuable service to the City of
Atlantic Beach and its .citizens in providing affordable housing, and has obtained written
confirmation from the owners of the properties adjacent to that portion of Cornell Lane being
abandoned by this ordinance, who would normally receive ownership to a portion of the property
being abandoned, that they will convey any interest received in the abandoned property to Beaches
Habitat for Humanity so that additional affordable housing units can be constructed, and
WHEREAS, adjacent property owners have expressed their support for the abandonment
of this property by the City and the use of said properly by Beaches Habitat for Humanity to provide
affordable housing within the city limits, and
WHEREAS, the property being abandoned by this ordinance is no longer needed by the
City of Atlantic Beach for any municipal purpose, and
WHEREAS, it is in the best interests of the citizens of Atlantic Beach, and a valid public
purpose, that a certain portion of Cornell Lane be closed, vacated and abandoned. Therefore,
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The City does hereby close, vacate and abandon all right, title and interest to
that portion of Cornell Lane as shown on the attached map, and described as follows:
That portion of Cornell Lane lying south of Lot 4 of Cornell One, as per
Plat Book 55, pages 91 and 91A, and lying north of Tract "C" as per
Scheidel Court, as per Plat Book 57, pages 99 and 99A, of the current
public records of Duval County, Florida.
SECTION 2. Title to those portions of Cornell Lane which would normally revert to
adjacent property owners as a matter of law by virtue of the City's abandonment of those portions
shall, pursuant to written confirmation provided by said adjacent owners, be conveyed by said
Ordinance No. 65-07-35 Page 1 of 2
AGENDA ITEM ~ 7B
JULY 23, 2007
adjacent owners to Beaches Habitat for Humanity within thirty (30) days following final passage of
this ordinance. In the event the adjacent property owners fail for any reason whatsoever to timely
convey title to Beaches Habitat for Humanity as required herein, then in that event this ordinance
shall be null and void and oP no force or effect whatsoever. The City Clerk shall not record this
ordinance either in the City's official records or in the official public records of Duval County,
Florida, in which this property is located, until proof of conveyance to Beaches Habitat for
Humanity is provided.
SECTION 3. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2007.
PASSED by the City Commission on second and fmal reading this day of
2007.
ATTEST:
DONNA L. BUSSEY, CMC DONALD M. WOLFSON
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Ordinance No. 65-07-35 Page 2 of 2
AGENDA ITEM # 7B
JULY 23, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for Abandonment of Remainder of Cornell Lane
Right of Way
SUBMITTED BY: Rick Carper, P. E. ~/ ~~ ~,
Director of Public orks
DATE: May 21, 2007
BACKGROUND: Beaches Habitat for Humanity has requested the City
abandon the eastern end of the Cornell Lane right of way in
order for them to add an additional duplex to the Scheidel
Court neighborhood. This right of way is bordered on the
west by the existing Cornell Lane cul de sac, on the north
and south by other Habitat constructed homes and on the
east by the Sunrise Community Church parking lot. Under
law, if abandoned, the right of way must be split between the
adjacent property owners (1107 Cornell Lane and the
Scheidel Court Homeowners Association). Beaches Habitat
has obtained written concurrence from these owners to deed
the land to Habitat for construction of two new residences.
Sunrise Community Church has also indicated support for
the Right of Way closure.
RECOMMENDATION: Approve abandonment of designated segment of Cornell
Lane Right of Way. Direct Staff to prepare ordinances for
the closure.
BUDGET: N/A
ATTACHMENTS: 1) Letters Supporting Habitat Request
2) Predevelopment Map (existing conditions)
3) Post Development Map
REVIEWED BY CITY MANAGER:
May 28`" Regular Meeting
AGENDA ITEM # 7B
JULY 23, 2007
February 26, 2007
Dear Scheidel Court Homeowner,
On Saturday February 4th, 2007 the Scheidel Court Homeowner's Association (HOP held a
meeting with Chuck Kennedy and,Joyce Freeman from Beaches Habitat. Habitat desires to
build another duplex home (just like many of ours) on the vacant land located at the end of
Cornell Lane. The land to be used can be seen on the included predevelopment map. A
portion of this land is owned by the Scheidel Court HOA and a portion is owned by the City
of Atlantic Beach (the land is currently used a part of the Cornell Lane right of way).
Beaches Habitat wants to request that the City of Atlantic Beach close the shown portion of
the Cornell Lane right of way so the land can be used for the purpose of constructing
another habitat duplex. However, the City cannot legally give the land to Beaches Habitat.
Whenever a right of way is closed the land is divided equally between the two neighboring
property owners. In our case, the respective owners are the Cortez family (1 107 Cornell
Lane) and the Scheidel Court HOA. If the City agrees to close the right-of-way and the
Cortez family agrees to give the land received from the city over for the mentioned
purpose and the Scheidel Court HOA agrees to the same, habitat will have enough property
to build another duplex per the attached post development plan. Important to note is that
a 1,500-sgaure foot park will be created for the Scheidel Court HOA in addition to a fence
being built between Sunrise Community Church and Scheidel Court. The Scheidel Court
HOA will have input as what the fence looks like and there will be a lockable gate installed
to which members of the Scheidel Court HOA will have access. However, there is no
commitment on the part of Beaches Habitat to construct or install any equipment or picnic
tables in the 1,500-square foot park.
Many of you attended our meeting on Saturday, February 4th. Those of you in attendance
voted to agree to the proposal, by Beaches Habitat. This means that if Beaches Habitat is
able to obtain approval from the City for right of way closure, we will allow the land
received to be used for the purpose shown in the post development map.
Should you have questions or comments, feel free to contact either myself or Chuck
Kennedy at the Beaches Habitat office. We will be happy to listen to your concerns and
answer any questions you may have.
Sincerely,
~ : ~Sra~-~-~-~--.
Latarshia Smith
President Scheidel Court Homeowner's Association
AGENDA ITEM # 7B
JULY 23, 2007
February 28, 2007
To City of Atlantic Beach Commissioners:
On Saturday February 4~h, 2007 the Scheidel Court Homeowner's Association (HOA)
held a meeting with representatives from Habitat for Humanity of the Jacksonville
Beaches (Habitat). The Habitat representatives presented their plan to construct a
new duplex home on the vacant land located at the end of Cornell Lane and
incorporate this new home into the Scheidel Court Homeowner's Association. The
land to be used can be seen on the included predevelopment map. A portion of this
land is owned by the Scheidel Court HOA and a portion is owned by the City of
Atlantic Beach (the land is currently used a part of the Cornell Lane right of way).
The purpose of this letter is to inform you of our support of this project. Should the
City of Atlantic Beach close down the indicated portion of the Cornell Lane right of
way, we would allow Habitat to carry out their plans on the property owned by the
Scheidel Court Homeowners Association as indicated in the attached post
development map. We are excited abut this project because the number of vagrants
that live in this vacant land is a cause of concern for many in our community as
several of our family members are small children. Development of this property
should reduce the number of these vagrants and make our community a safer place
for our children. In addition, we are supportive of the Habitat ministry and would
love the opportunity to help further their mission.
Thank you for your time and attention to this matter. Should you wish to discuss this
matter in further detail, feel free to contact me at your convenience (904) 535-4006.
Sincerely,
~~- Jl~~~`''"`,~
Latarshia Smith
President Scheidel Court Homeowner's Association
AGENDA ITEM # 7B
JULY 23, 2007
March 29, 2007
To City of Atlantic Beach Commissioners:
Habitat for Humanity .Jacksonville Beaches has presented a plan to construct a new
duplex home on the vacant land located at the end of Cornell Lane. Their plan would
incorporate this new home into the Scheidel Court Homeowner's Association. The
land to be used can be seen on the included predevelopment map. A portion of this
land is owned by the Scheidel Court HOA and a portion is owned by the City of
Atlantic Beach (the land is currently used a part of the Cornell Lane right of way).
The purpose of this letter is to inform you of our support of this project. Should the
City of Atlantic Beach close down the indicated portion of the Cornell Lane right of
way, one half of the Cornell Lane right of way would become our property. We are
willing and ready to sign over our interests in the property to the Scheidel Court
Homeowners Association so that Habitat for Humanity of the.Jacksonville Beaches can
construct another duplex on this newly created parcel.
We are excited about this project because the number of vagrants that live in this
vacant land is a cause of concern for our family. Development of this property should
reduce the number of these vagrants and make our community a safer place for our
children. In addition, we are supportive of the Habitat ministry and would love the
opportunity to help further their mission.
Thank you for your time end attention to this matter. Should you wish to discuss this
matter in further detail, feel free to contact us at your convenience (904) 372-0284.
Sincerely,
Maria Novoa and Rafel Cortes
1 107 Cornell Lane
A nti e h
QA.LC~~1.U V ~
JiJLY 23, 2009
PREDEVELOPMENT MAP
1
~D
i
do
v
n
a
a
Y
°o
m
0
0
Z
.,
r T
~~ ~
~ ~
/'
i ~ ~~
~ ~ ~~
i ~ ~ \
i ~ i 1 ~~ ,
~I ~ I~~~ J
I ~
/ ~ I) I O
~---1------------~ o
n ~
ii
I
,
~ ~
~ . ~
~ I ~
' '
~ ~~ ~
4
~%o /:
\ \ \
~\
~ ~ n
I ~ r
I ~
~ i
i I
i
-r---~---- ----- -----~~
~i '~
i
:.
I ~ ~I
H
_.
i
------_;
-~---~---~----- _i
~ ~
,
~ I
~ n
~ ~ I
~ I
I
' ~ ---~--
/~ ~°
/ A
` r------------i
I
~~,
I J
o N
' ~, ~ ~,
0
N
t+
0
~I o
~I
pl
g'
~I
~t
i
i wry~ml
1 nl
~I
~~--
I --
---._
i
.I
i_. !
~
;
~I
'~
~
~\
~ ~
-~~ ~
~m
I~
I
~x
1
1
I
I
I ~
I ~
I
I ~
~T
^ N
l / TO
TC v
N O
/~ N
mm
z°
~r
-< z
o°
ozo
~~~
y~o
~~~
n~O
~ m -D
m ~
n ~ Z
= i~ --I
i
i
~ ~
O~C~
~1IZ7~
-I' Z N
_~ --~ m
~~~~
Ornl O y
~;~Z
D
TJI'U ~
~~
~~
NI N ~ i
0 0,=~
y ~~oo
m imp
~ I ~
m
Z m~
~' Z
~ I ~ ''
z
o
m
ti ~ ___
SCALE: 1" = 40' BEACHES HABITAT DATE: FEB. 26, 2007
DRAWN BY: CEK 1671 FRANCIS AVENUE
FILE #: CORNELL LANE LOT ATLANTIC BEACH, FL 32233 SHEET 1 OF 1
AGENnA ITRM # 7R
NLY 23, 2007
POSTDEUE~OPMENT MAP
__. ~ Ao
.~~ ,g
oa
` ~
r Z
,P =
~
` O Z
~
. ~` ~
.
r
~~~T, ~
~ ~ N D
\
i
\ ~
~. ~ o x
frl
i '~ I ~ . Mo
I ~ . D m
N ~ ~
~ ~ ---~- - ~ ---- - -
LL -<- ~ D
I ~ ~. ~•ic.}'.. g
I ~ I ~ I o t. }..~ Z~~~
n
- 76 f00T SIDE YARD BEiBAC1(
i
~~ ;~ ~, ~
r------------ ~ ~ ~
I~ I ~
i
I
~~
I :; i ~ ,,
I ~
~ r-----------~
.
~~
. ~
i ~
II i ~
_......_.:! I ~
I ~
r w i t
Z N O
~ a~---- ------ ~
I
i ~~
~ ~ N; ID
~ ~~
~ ~ o
~ ~
~
I ---~
-t----.---- -----~-- ~ I + a _. ~ol i o
o ~ ~ m
~ ~ ~ D
I ~ ° II ml ~m
~ ~ C7
~
~
I: ~ QI ~ ~I i~
~i Ix
v
I I
mm
~
~~
~
I , i I ~
I , I
I b ~`----
_ I _ nl ~----_. ~------~i-
a I
0
~.: i ~ ~I ~ 4 i
o
c~
a I ~ ~~
~ ~ I
a - --- -----71
----- __.
--
~
n
_
r
,
~ I I
~ ~ ~ ~ m
~
~
.
~
I
z ~
;
M
~~ ;
Y
~ i
I
,:
$ -
o
~
~ I o z,
m
SCALE: 1 = 40 BEACHES HABITAT FEB. 26, 200
SATE.
DRAWN BY: cEK 1671 FRANCIS AVENUE
FILE #: CORNELL LANE LOT ATLANTIC BEACH, FL 32233 SHEET 1 OF 1
106 - ,
' -1Q0
e
~ a .~ gg
~' ~ ~
{ ~ \ ~ 5~~1
':' ~
++t, s ~
.. ~ `~ ~`M 'ii
' 107
~~ a
r'b
10
r, 'S
.~y. :) S
~.
AGENDA ITEM # 7B
JULY 23, 2007
~ D i _.~
+a, ~ ;
Q
I ~
~. ~: ~ ;:
~'\
