Legislation Details

File #: 2024-1496   
Type: Agenda Item Status: Passed
File created: 6/4/2024 In control: City Council
On agenda: 6/18/2024 Final action: 6/18/2024
Title: Approve a quit-claim deed from the city to the property owner at 1516 NW First Avenue to cure a building encroachment issue
Attachments: 1. Quit Claim Deed, 2. Site Sketch, 3. Survey

Submitted By: Tye Chighizola

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Presentation By: Aubrey Hale

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Approve a quit-claim deed from the city to the property owner at 1516 NW First Avenue to cure a building encroachment issue

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place, Economic Hub

PROOF OF PUBLICATION:

N/A

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BACKGROUND: In surveying property as part of the Imagine North Magnolia Project, it was determined that the dwelling located at 1516 NW First Avenue encroaches 8.5 feet into the property to the north, owned by the city. It was also determined that the property was accessed from an unimproved right-of-way designated as NW Second Avenue, which abuts the west side of the property. The city has vacated the NW Second Avenue right-of-way and incorporated it into a new neighborhood park that was dedicated June 5, 2024.

At one time the two properties (city property and what is currently 1516 NW First Avenue) were under common ownership. The encroachment occurred in the past when the lots were sold separately. To cure the encroachment and provide the proper side yard and access from NW First Avenue, the city proposes to deed the current owner of 1516 NW 1st Avenue a 20-foot-wide strip of property.

This 20-foot-wide strip was created to cure the encroachment and provide legal access when the city separated an 80-foot-wide buildable lot from its property. In 2022, the buildable lot was exchanged for another lot within the neighborhood.

FINDINGS AND CONCLUSIONS: This transfer of real property creates a workable development and circulation pattern for the neighborhood park.

FISCAL IMPACT: N/A

 

PROCUREMENT REVIEW: N/A

 

LEGAL REVIEW:   This deed transfer has been reviewed and approved for form and legality by City Attorney, William E. Sexton.

 

 

ALTERNATIVE:

•                     Approve with Changes

•                     Table

•                     Deny