Exh 3A~ .
3/1
~-z~ -99
AGENDA ITEM:
DATE:
SUBMITTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
Lot 305 of the Saltair Subdivision
May 17,1999
David E. Thompson, City Manager
BACKGROUND: At the May 10, 1999 City Commission Meeting, Mr. Schaffer
recounted some historical background on the land swap that was
recently consummated between the City of Atlantic Beach and
William Hixon. This land exchange was approved by ordinance in
1989, but due to title problems, the exchange was not completed
until recently in 1999.
The heart of the problem appears to be the fact that the property
owners near Lot 305 contacted City Officials in the past to gain
assurances that the lot would never be developed. City officials,
t I many of whom were not in Atlantic Beach in 1989, told property
owners that there were no plans to sell any part of Howell Pazk. A
June 25, 19971etter to Ms. Jennifer Chalot stated this.
Since that time, lot 305 has been swapped for lot 316, and lot 305
now belongs to William Hixon. Mr. Hixon has the lot for sale. The
neighbors have petitioned for the City of Atlantic Beach to
purchase lot 305 from Mr. Hixon for $50,000.
There appear to be at least three (3) major factors of concern for
the City Commission. The first is the consideration of the property
purchase for its value in preserving or enhancing Howell Park.
The lot is contiguous to Howell Park, and it has value as a part of
the pazk. Does the City wish to acquire this property to keep as a
part of the pazk? If so, how much is it worth to the City?
The second major factor is the concern for the incorrect
information provided to citizens by the City Staff. There is nothing
to indicate that City Staff knowingly provided incorrect
information to anyone. Staff members were unawaze of the land
deal that was approved by ordinance in 1989 until questions
emerged in 1998.
The third factor is a funding source. If the City Commission
wishes to purchase the property, then funding must be identified
for this purpose. At the present time, there are no restricted funds
available for this acquisition. Without some creative financing,
this purchase would need to be funded out of general fund reserves.
Staff has requested an appraisal of the property, but it will not be
completed for at least another week.
RECOMMENDATION: None
ATTACHMENT: Petition from local residents
Ordinance 95-89-38
Letter from William Hixon dated May 8, 1999
Letter from Ms. Jennifer Chalot dated May 7, 1999
Letter to Ms. Josette Deloach (Watson Realty) from James Jarboe dated
September 1, 1998
FAX from William Hixon to James Jarboe dated August 31, 1998
Letter to Ms. Chalot from City Manager James Jarboe dated June 25, 1997
n Letter from Ms. Jennifer Chalot dated June 17, 1997
REVIEWED BY CITY MANAGER: ~
AGENDA ITEM NUMBER:
A Matter of Integrity
We, the undersigned do hereby request that the City of Atlantic Beach re-
purchase park property that was recently traded. On January 22, 1999, the City
traded lot 305 of the Saltair subdivision for lot 316 in accordance with aten-year-
old ordinance no. 95-89-38. When the ordinance was written, it was determined
that since lot 316 was adjacent to the back entrance of Howell Park, it was more
desirable at that time. It took ten years for the "swap" to close due to title
problems on lot 316.
Over the years, many people have purchased homes on Magnolia Street that
face Howell Park. Prior to purchasing homes, many prospects called the city
officials out of due diligence to confirm the park's status. The resounding answer
was that the park and lot 305 where owned by the City of Atlantic Beach, and
would always be preserved as part of Howell Park. Magnolia Street is a narrow
one way street with many children at play. It simply cannot afford another house
on the east side of the street.
Re-Purchasing lot 305 is a matter of integrity. The integrity of the park to keep
this valuable natural resource that includes Cyprus trees, Bull Pines, turtles, and
other wildlife.
The inte rit of the Ci~of Atlantic Beach, whose employees and officials have
repeatedly told prospective and existing homeowners, that the "City of Atlantic
Beach acquires park land, we do not sell or trade our parks." Even after the
"swap" transpired, the city officials were unaware of the transaction. How can a
city exchange property without the knowledge of the current city officials?
Correct this mistake now. Re-purchase lot 305, Saltair and restore the integrity
of Howell Park and the City of Atlantic Beach.
(~
,.3a~ M ~a h~l, a S~. , R~~
3o P~I~Cn~o~i~ ~~
A Matter of Integrity
We, the undersigned do hereby request that the City of Atlantic Beach re-
purchase park property that was recently traded. On January 22, 1999, the City
traded lot 305 of the Saltair subdivision for lot 316 in accordance with aten-year-
old ordinance no. 95-89-38. When the ordinance was written, it was determined
that since lot 316 was adjacent to the back entrance of Howell Park, it was more
desirable at that time. It took ten years for the "swap" to close due to title
problems on lot 316.
Over the years, many people have purchased homes on Magnolia Street that
face Howell Park. Prior to purchasing homes, many prospects called the city
officials out of due diligence to confirm the park's status. The resounding answer
was that the park and lot 305 where owned by the City of Atlantic Beach, and
would always be preserved as part of Howell Park. Magnolia Street is a narrow
one way street with many children at play. It simply cannot afford another house
on the east side of the street.
Re-Purchasing lot 305 is a matter of integrity. The integrity of the park to keep
~, this valuable natural resource that includes Cyprus trees, Bull Pines, turtles, and
other wildlife.
The integrity of the City of Atlantic Beach, whose employees and officials have
repeatedly told prospective and existing homeowners, that the "City of Atlantic
Beach acquires park land, we do not sell or trade our parks." Even after the
"swap" transpired, the city officials were unaware of the transaction. How can a
city exchange property without the knowledge of the current city officials?
Correct this mistake now. Re-purchase lot 305, Saltair and restore the integrity
of Howell Park and the City of Atlantic Beach.
C
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ORDINANCE N0.95-89-38
AN ORDINANCE AUTHORIZING THE EXCHANGE
OF PROPERTIES BETWEEN WILLIAM S. HIXON
AND THE CITY OF ATLANTIC BEACH; PROVIDING
AND EFFECTIVE DATE
WHEREAS, The City of Atlantic Beach acquired a number of lots in
Saltair Subdivision for the creation of a passive park named Howell Park,
and '
WHEREAS, William S. Nixon of Atlantic Beach owns Lot 316 Saltair
which said lot fronts immediately upon the entrance to said park, and
WHEREAS, The City of Atlantic Beach owns Lot 305 Saltair which said
lot fronts on Magnolia Street immediately to the rear of Lot 316, and
WHEREAS, Lot 316 being closer to the entrance of Howell Park and
therefore more likely to be utilized rather than Lot 305, and
WHEREAS, William S. Nixon has indicated a willingness to trade Lot
316 for the City's Lot 305,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
Section 1. The City Commission hereby authorizes the transfer of
Lot 305 Saltair, section 3, plat book 10 page 16 current public records
of Duval County Florida to William S. Nixon 310 Pine Street, Atlantic
Beach in exchange for Lot 316 Saltair, section 3, plat book 10 page 16
current public .records Duval County Florida.
Section 2. This ordinance shall take effect upon its adoption.
Passed by the City Commission on fist read' Janu ar 23 1~8~
Passed by the City Commission on ecpnd, nd finals eading, 1'ebrua
Wi~1il~m I. GullifjOr2~, ~ay~r,
Presiding Officer'
App as to Form and Correctness:
LZ~it,~i~
Claude I,. Mullis, City At orney
(SEAL)
n
a.~~,~/ z
Maureen King, City Cler ,_
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FROft Wm S Hixon, f•1AI
May 8, 1999
FAX N0. 2157939309 f•tay. 10 1999 07:52Aft Piii
Mr. David Thompson, City Manager
City of Atlantic Beach
800.Seminole Road
Atlantic Seach, FL 32233 VIA FAX: 247-5805
RE: Offer to sell Lot 305, Saltaire Section 3
Dear Mr. Thompson:
As you know the City of Atlantic Beach recently completed a trade with us, which was
started back in 1989. AS a resutt of this transaction Beth and 1 now own the referenced
vacant lot which Is bordered on two sides by Howell Park. Since the completion of that
trade our financial circumstances have changed and we are considering selling Lot 305.
Both Mr. Grey Whaley and Clark Schaffer have offered us $50,000 for Lot 305. Mr.
Whaley has since withdrawn his offer and we have not yet committed to Mr. Schaffer.
I believe that Mr. Schaffer would like to buy the lot to preserve his natural frontage on the
park. He has informed me fhat he has no plans to build on the lot but would like to own
the lot rather than See someone build between his house and the park property.
would be happy to see the City own the lot and thus prevent any more homes from
being constructed along the park's borders. Owning this lot would even out the park's
boundary between Magnolia and Pine Streets.
Please place this offer on the next available City Commission meeting and let me know if
the City has any interest in purchasing this iot.
If you have any questions as our offer please feel free to contact me at the foilowing
phone number.
Bill Hixon 215-783-9308
Sincerely,
William 5. Hixon
cc: Clark Schaffer
V ~
~ Jennifer A. Chalot
322 Magnolia Street
Atlantic Beach, FL 32233
(904) 249-8522
Jennifer.chalot@dso.duval.kl2.fl.us
May 7, 1999
The Honorable Suzanne Shaughnessy, Mayor
City of Atlantic Beach, Florida
800 Seminole Road
Atlantic Beach, FL 32233
Dear Mayor Shaughnessy:
Attached please find a letter I received from Jim Jarboe in 1997 in response a letter I wrote to (then)
Mayor Lyman Fletcher about development of Howell Park property. I shared this written response
with all of my neighbors in the 300 block of Magnolia Street, and we felt great relief at the time it was
received. Now, it seems unbelievable that I am having to write to another city official about the same
events that have already prompted numerous letters, phone calls and, according to Mr. Jarboe, should
never have caused us concern again.
My neighbors and I live on the one-way block of Magnolia Street which faces the west side of Howell
Park. We learned recently that private property nearby has been "swapped" for city owned property
that is a part of Howell Park and which faces my home at #322. This is another piece of Howell Park
that my neighbors and I have been assured repeatedly would never be developed - yet now it is for
sale due to this recent city action. We feel betrayed and angry.
Before purchasing our homes in this part of Saltair, every owner in the 300 block got assurances from
various current city officials that there were no plans to develop Howell Park property. We chose
to live in this area, paying more for our homes in most cases, because of its private, unique character,
offering the beautiful, quiet woods with little traffic, and, we believed freedom from threat of
development. Since I purchased my home in 1992, two homes have been built opposite my property
on land I was told would NEVER be developed. Now, I'm sure my neighbors and I are facing a third
and inevitably more home construction and lost woodland in our neighborhood. Everything that
prompted us to move here will be lost, and our property values and quality of life will be greatly
diminished.
~' The Honorable Suzanne Shaughnessy, Mayor
Page 2, Continued
Please remember that Howell Park belongs to the citizens of Atlantic Beach, and all deals to sell or
"swap" this property should be approved by its owners by vote. Many of us who voted for you and
the current members of the City Council to represent us believed you care about the fate of Howell
Park and the preservation of our quality of life in Atlantic Beach. You can restore our trust and faith
in your leadership by acting to purchase this piece of Howell Park property back for the city, to be
preserved "in perpetuity" as we were promised, before it can be sold to a private party for
development. Then, you can openly involve all citizens in discussions of future development of public
property by holding well-publicized public forums and conducting a vote by all citizens.
Thank you for "listening" and giving consideration to this request. I will share this letter with my
neighbors, who I hope will join me in attending the next City Council Meeting. Perhaps soon, you
will have had an opportunity to discuss this issue with the proper staff members and will have begun
action toward a favorable resolution of this issue. If not, I hope you will provide my neighbors and
me with a written response concerning what actions the city WII.,L take to compensate us for the
certain reduction in our property values and loss of current quality of life that will occur as the city
continues to make future "behind-the-scenes land swap deals" for Howell Park property.
Sincerely,
~"a.c~~ -
Jennifer A. Chalot
CC: Magnolia Street and Palm Avenue Neighbors
ATTACI-IIvIENT (1)
t '
June 25, 1997
Jennifer A: Chalot
322 Magnolia Street
Atlantic Beach, FL 32233
Dear Mrs. Chalot,
800 SEbiINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SLTNC0b1852-5800
Your letter of June 17th to Mayor Fletcher was forwarded to me for investigation into the
ownership and disposition of the lots on the east side of Magnolia Street. I have found
that the information given to you in 1992 was correct in that the lots directly across the
street from you are a part of Howell Park and cannot be developed. There are only two
lots on the east side of Magnolia Street which are not incorporated into Howell Park.
These are the two immediately north of Seaspray Avenue. These two lots have never
been a part of Howell Park. The two lots are privately owned and zoned for Single-family
homes. As you are aware, the comer lot has already been developed. The lot
immediately north of it may be developed as a Single family residence.
I concur with your concerns about the narrow roadway and the higher volume of traffic that
would result if more development were to occur along Magnolia Street, however, as
mentioned above, only one lot remains available for development. That lot is privately
owned and the owner has a right to develop the lot only as a Single family home. Since
no plans exist for the City to sell any part of Howell Park, I believe that you and your
neighbors can expect to continue to enjoy the qualities of one of our quietest city parks
without concern for more development and the associated problems of traffic and parking.
if you have any other questions or concerns, please do not hesitate to write to me at City
Hall or to call me at 247-5800.
' cerely,
Ja s Jarbo ,
City Manager
~~
~~~ ~ ~~ ~
Jennif~rA. Chalot
.~
322 Magnolia Street Telephone (904) 249-8522
Atlantic Beach, FL 32233-4028 Office (904) 348-7804
Fax (904) 348-7885
E-mail: chalotj@mail.firn.edu
June 17, 1997
Lyman T. Fletcher, Mayor
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
h
Dear Mayor Fletcher:
I am writing to express concern about what appears to be the future development of
property on the east side of the 300 block of Magnolia Street in the Saltair subdivision.
Prior to purchasing my present home in 1992, I consulted two realtors and telephoned
City Hall to check on the ownership and any planned development of the wooded
property across the street. I was referred to a staff member in City Planning, who told
me that the property was owned by the city, and was to be "held in perpetuity" as part
of Howell Park. The person l spoke to at the time also remarked that, because of
drainage problems during times of heavy rain, the property would not be suitable for
future development, even if it were not city-owned. Both realtors I consulted gave me
the same information.
Recently, a new home was built at the corner of Seaspray and Magnolia, on the east
side of our street. The construction of this home caused significant noise and
disruption in our neighborhood for several months. Now it appears another iot has
been plotted and marked-off for development, adjoining this house, on property I was
told would remain wooded "in perpetuity".
Mayor Fletcher, please take a drive down our block, and you will find that we live on a
~~ very narrow, one-wav street with many children, joggers and heavy pedestrian traffic.
Parking is already so limited that one neighbor has paved-over his front yard to
accommodate a second car, and others are clearing parking areas out of the wooded
. land across the street, which will be gone if development continues.
Lyman Fletcher, Mayor
June 17, 1997
Page 2
The 300 block of Magnolia Street is simply not wide enough to accommodate homes on
both sides, and the traffic that would result from further development. i know my
neighbors share my upset at the thought of more building occurring on our block. We
purchased property on what we consider to be a unique area of Saltair in Atlantic
Beach. We love our neighborhood and care deeply about the quiet, lovely quality of
life here. The wooded land with it's towering pines which faces our homes, not only
supports wildlife and affords us oreat privacy, but it has caused our property values to
increase steadily over the years.
In addition to taking a drive down our street, I would appreciate your sharing my letter
with the appropriate staff for consideration. Please let me know if f was misinformed
about the property on the east side our street being city-owned, and whether the city
plans to continue to grant permits for building on our block. If this is the case, please
(et me know how many lots are available for future development and if there are plans
to widen the street in this event? If you can provide a written response, I will be happy
to share whatever information 1 can gather with my neighbors.
Sincerely,
f
G' - `~'
ennifer Chalot,
.~C: ~t~
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c ~.
CITY OF
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• 800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
__•-~ TELEPHONE (904) 247-5800
FAX (904) 247-5805
~~ SUNCOh1 852-5800
September 1, 1998 •
Ms.Josette DeLoach
Watson Realty Corporation
1117 Atlantic Boulevard
Neptune Beach, florida 32266-2515
Dear Ms. DeLoach:
This is in response to your fax dated August 31, 1998 and a copy of a letter from William
S. Hixon which was attached (copies attached for your ready reference). I was unable
to reach you by phone, but left a message on your voice mail.
~ Mr. Hixon indicates that it is his desire to trade Lot 305 (which the City owns) for Lot
316 (which he owns). Lot 305 faces Magnolia Street and Lot 316 faces the entrance to
Howell Park next to Mr. Hixon's house at 310 Pine Street. I have discussed this matter
with Alan Jensen, City Attorney, and the situation remains the same as it has in the past.
Mr. Jensen indicates there is not a clear title to Mr. Hixon's lot.
As soon as Mr. Hixon can provide documentation indicating there is a clear title to the
property under discussion eve will be happy to place this matter on the Commission
agenda for consideration.
If I can be of further assistance please do not hesitate to contact me.
Sincerely,•
ames R. Jarboe
City Manager
JRJ:tI
Copy to: Mayor and City Commission
Alan Jensen, City Attorney
Maureen King, City Clerk
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~~ August 31.1998
Mr. James ~atboe
City t4ianager
City of Atlantic Beach
800 Seminole Road
Attantlc Beach, Pl. 32233
Re: Saltaife t_otTradswith City of Atlantic Beach
Dear Mr. James Jarboe:
Several y981s ago 1 asked the Ci[y of Atlantic Beach to trade Lot305 (which the City
• owns) fot Lot 316 (whtc}~ Beth & 1 own). Subsequently the City agreed to the trade.
Afte f a Wombat of exchanges with Mr. Alan Jensen, then the City Attorney, J fumis?ted
him with the necessary documentation so that we could complete the transaction. The
transaction was never COmptet&d, f understand that this vras so (ong ago that 1 need to
requestttte trade again,
t stilt awn tot 316. 'This lot face= the enVanoe to Howeri Park next to my house at 31 D
Pine Street The street does not extend l,o this tot and 1 beI'-eva that the park sign and
exerds~ trail equipment are sett located to front of the lot Any improvement 4n 1_oi 316
would create a significantvlsual encraachmenlfnto the park
The City of Atlantic Heaci~ owns Lot 305, which faces Magnolia Street, din:ctty behind
my lat. The City's lot is presently part of the park but does not lie ne~af any Of the trails.
tt suit seems to me that this trade would be good fof the irtt®grity of the park and would
keap.any future iievelopmertt away from the trails and park entrance.
1 would appredate your pladng this request on the council's sgerxia at your earliest
.conven'~ertce, Please inform Janette Deloach as to the date so that she can attend the
meeting and speak in my behalf if necessary.
Jim, thank you for your attention to this matter
~,r~ ~~~-
• William S. Hixart
~~