Exh 8Dr ~
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: JTA v. Atlantic Beach Property Negotiations
DATE: March 16, 1999 ~,~
SUBMITTED BY: David E. Thompson; amity Manager
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BACKGROUND: JTA is attempting to acquire property from Atlantic Beach for the
Wonderwood Road project. There are a variety of issues relative
to this deal, and City Attorney Alan Jensen has been negotiating
with Mark Arnold in an attempt to assure that Atlantic Beach
protects its interests while obtaining beneficial improvements.
Please seethe attachments. City Attorney Alan Jensen will be
reporting on this matter at the Mazch 22, 1999 City Commission
Meeting.
RECOMMENDATION: To authorize the City Attorney to consent to an order of taking the
property in question, while continuing to negotiate related issues
for the benefit of Atlantic Beach.
ATTACHMENT: FAX from Alan Jensen, City Attorney
Letter from Mazk Arnold with Rogers, Towers, Bailey, Jones &
Gray
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
ALAN JENSEN ATTY 970 P01
ALAN C. JENSEN
Attorney at I,aw
~~ 935 North Third Street
Post Ol~ice Iiax 50457
Jaclsoaville Beach, Florida 32,240-0457'
Telephone (904) 246-2500
MAR 15'99 15:5?
Zf'acslmtle (~04) 2a6-9964
FAX MEMORANDUM
DATE: March 15, 1999 Time: '7 ~ ~
TO: Mr. David E. Thompson, Acting City Manager
COMPANY: City of Atlantic Beach
FAX NUMBER: (904) 24? 5805
NUMBER OF PAGES: ~ (including cover sheet)
FROM: ALAN C. JENSEN, ESQ,
CLIEIIT/MATTER NO.: JTA vs Atlantixc Beach, et al
` MESSAGE
E ~ David:
Faxed herewith is a copy of a letter I received from Mark Arnold regarding the above case. I
would like to request that this be put on the agenda for the Commission meeting on March 22,
1999.
I would recommend that the Commission authorize me to consent to an order of taking and
avoid the necessity of a contested hearing in this regard. I am sure the 7TA would prevail in
such a hearing, and it does not affect Atlantic Beach's right to determine the amount of
compensation or any damages, as well as the other mattezs we aze negotiating with 7TA. After
our meeting on site with Mark Arnold and repzesentatives of JTA on March 3, I believe they
will negotiate in good faith with us regarding all matters involved in this case.
If you need anything else, please let me know.
Alan
The information contained in this facsimile message ie attorney privileged and confidential information intended only for
the t:se of the individual or entity named above. If the zeader of this message is not the intended recipient, or the
l employee or agent responsible to deliver it to the intended recipient, you are hereby notified that nay dissemination,
l distribution or copying of ties communication is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone and return the original message to us at the above address via U.S. Postal
Service. 7'hsnk you.
ALAN JENSEN ATTY 971 P01
~OGERS, SOWERS, BAILEY, JONES & GAY
A PROFESSIONAL ASSOCIATION
CHARLES D. 70WERS, JR.
JAMES M. MGLEAN
FRED M. RINOEL
DAVID M. FOSTER , ,
C. WrL11AM REINEY
ALLAN T. GEIGER
G. KENNETH NORRiE
DOUGLAS A WARD
WILLUIM E SCHEU
PAUL P. SANfORD
IRVIN M. WEIN$TEIN
ROBERT T. HYDE, JR.
EDWARD L. KELLY
H. JOSEPH O'&H~ELD6
DONALD C. WRIGHT
JOSEPH O. STROUO. JR.
MICHAEL A. WOORK:H
CEGLE EVANS RIDER
E. ALLEN HIEe. JR
J. KIRBY CHRITTON
T.R MAINLME, JR.
CHRISTOPHER C. MAZELIP
svsAN c. ~ooNALo
BETSY COX MAHW
ANMONY A ANDERSON
MARCIA PARKER TJOFLA7
ANNE K. BlrZOV
KURT H. DUNKLE
RICHARD L. MAGUWE
JAMES M. RILEY
MARK M. ARNOLD
QEOP,O[ M. MoCLURE
JOHN I.WHrtEMgN
C. OA1n5 ELY
RKK MONTE REZNICSEK
REGINA ALBERI}/l YOUNG
wlLtwu A o'LfcARY
GREGORY F, IUNNY
JOHN R 18ACH
pgvl0 A. OARF1NxE1
PETER L. DAME
EMILY G. PIERCE
JAMES W.MKx)LETON
CHERYL L.WORMAN
JOHN A SAPORA
SANDRA J. MATHIS
PATRIGA J. Hlll
G0.BERT L fELTEL JR.
ADRuW RUST
CINDY L BARTIN
TROY K. SMIM
LOWS. PATTERSON
STEVEN OIEOENOW
ALEXANDF1t G. MOODY'
CHRISTOPHER M. HODOE
RICHARD S. VERMIJ7
LEIGH 5. SCALES
CHARLES R CURLEY, JR
CHRISTW E T. ADAMS
F.EUGGNCATWOOD
KAMRYN KNEE
KAREN E W6NDZTiI.
STEVAN M. JONES
MARGARET IOANNOE9COPDOB4
THOMAS J. ERASER JR.
SUSAN S. DLOODWORTH
MARGARET 8. WEMERBEE
ARNETTA GROL GIRARDEAU
CHARLES A. BE11RD
ATTORNEYS AT LAW
1301 R1vERPL~CE BOLR.EYARD
SUITE 1500
JACKSONv1LLE. FL 32107
7ELHPEIO:~E (901) 398.3911
FAX (90~) 396-0663
WRITER'31NTERNET ADDRESS:
MArnold®rtlaw.com
WRITER'S DIRECT OWL NUMBER:
(004) 348-6W 0
February 22, 1999
MAR 15'99 15:59
TALLAHASSEE OFFICE
TOb SOUTH MONROF~ STREET
P.o.sox,a z
TALLAHASSEE, FLORIDA 32302-1672
((850)222-7200
FAX (850) 222.7204
Alan C. Jensen, Esquire
P. O. Box 50457
Jacksonville Beach, FL 32240-0457
ST. AVGUSTINE OFFICE
81 KING STREET, SUITE A
P.O. BOX 3500
ST. AUGUSTINE FLORIDA 32085350a
(90~ a2a-0eTe
FAX )825-4070
SPEGAL COUNSEL
HOWARD I.KORMAN
ALFREOJ.POMERANZ
'AdmiGed In N.Y. only
PLEASE REPLY TO:
JACKSONVILLE
Re: Jacksonville Trans ortat o Authori • v. Cit of Atlantic Beach
t Parcels 618/4713; 61914714; 624; and 625/4712
Dear Alan:
I have provided you a copy of the Petition, Declaration of Taking, and Lis Pendens in the
above-referenced matter. As you will note from the materials, an Ordex of Taking is scheduled for
March 29, 1999 at 10:00 a.m. Xou ~'i11 also note from the Declaration of Taking that estimates of
value of the separate pazcels have been made based upon the appraisal of Ronald K. Moody, MAI.
In order to avoid the Order of Taking hearing, 1 would ask that your client enter into a
Consent Order of Taking which would allow the JTA to proceed on this project in an expeditious
manner. As you may knov~~, the Order of Taking hearing is held to determine public purpose,
necessity, and that a good faith estimate of value based upon a valid appraisal is being deposited. I
am enclosing copies ofthe appraisals for that purpose for you to verify that has been accomplished,
and I believe there is no questioning the public purpose and necessity of this taking. I would request
that you inquire ~~th your client as to whether oz not they will enter into a Consent Order of Taking
on this matter. If we should need to meet to discuss this in :further detail, please notify me and Z 1viII
be happy to schedule a time for such purpose. I look fonvazd to working with you to a satisfactory
conclusion on these parcels.
l
R~Cw~~'~~D DEB x.41999
.- ..
~~
,Alan C. Tensen, Esquire
February 22, 1999
Page 2
ALAN JENSEN ATTY 9?1 P02 MAR 15'99 15:59
ROOERS, TOWI?RS, BAILEY, 70~IES & GAY
With kindest personal regards, l remain,
i
MMA/lmp
H:wsExNtnt.+.~wovnExnro~arrE[isv~s~x.z ~ e
Sinc ly yours,
Mark M. Arnold
i