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ITEM: DISCUSSION AND DIRECTION CONCERNING 80-FOOT DRAINAGE AREA REFLECTED ON THE PALM BEACH LITTLE RANCHES EAST OF WELLINGTON PLAT
REQUEST: Provide Direction Concerning Whether to Assert Acme’s Fee Simple Interest in an 80-foot Drainage Area Reflected on the Palm Beach Little Ranches East of Wellington Plat.
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EXPLANATION: It recently came to staff’s attention that an 80’ drainage area reflected on the Palm Beach Little Ranches East of Wellington Plat as an “easement” was actually conveyed to Acme in fee simple by way of a recorded corrective declaration. Although the property appraiser shows the area as included within the lot lines of the adjacent lots, Acme owned the area and maintained it for many years until the past two to three years when some property owners placed obstructions in the drainage area.
At least one property owner has taken the position that the corrective easement did not operate as a conveyance. However, it is Legal’s opinion that any infirmities in the instrument of conveyance were cured after five years and are unassailable after 20 years from the date of recordation, which limitations period expired on or after December 8, 1995. Further, a title search of two of the properties reveals that the corrective declaration is part of their chain of title and therefore the owners would have been on notice of Acme’s interest. The Public Works, Engineering and Utility Departments support asserting Acme’s fee simple interest.
Given that the assertion of Acme’s fee simple interest has the potential to result in litigation, staff seeks direction concerning how the Council wishes to proceed.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: NO
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Provide Direction Concerning Whether to Assert Acme’s Fee Simple Interest in an 80-foot drainage Area Reflected on the Palm Beach Little Ranches East of Wellington Plat.