Fort Walton Beach Council agenda — 02-12-02 regular Council agenda — reading text

the Public Records ofOkaloosa County, Florida, less and except, a 60 foot wide strip of property for right- of-way of Hughes Street lying southwesterly of and adjoining the southwest lines of Lots 27, 28, and 29, Block 18 of said plat. This property constitutes a portion of Ferry Park and is designated on the attached drawing. A recent title search revealed that this property was never properly dedicated or conveyed to the City. The subdivision plat of Elliott' s Point 10th Addition is ambiguous as to the dedication of this property. While the property is marked on the plat with the designation of "Park", the legal description of the property excludes this portion of the property. Currently, the driveway into the parking lot of the gymnasium located at the park, crosses directly over this property. The City has possessed and used this property for the past several years. However because of the ambiguity of the subdivision plat, the only way to clear the title to such property, is for the City to initiate a quiet title action, requesting that the circuit court declare the City to have either a dedicated or fee simple interest in the property. Therefore, please accept this memo as our office' s request that the Council grant us the authority to proceed with a quiet title action, declaring that the City has a dedicated interest in the property, or in the alternative, is the fee simple owner by its continual adverse possession of the property. g: \ti les \mull i c i pal\ fwb \memos 2 \ 00 2\ ferrypark ,memO20 5 02, doc 9.  v d 03 1: s:=~ f ire 117 1 1) p 0 o Z, r g~ I~\) In 1 T1 r r F\ J\ tJJ z.  MILLER & ASSOCIATES m" r~"" r' Attorneys at Law Lfi, LI .- ;,. ,.{ - L! J ~~ - j I? I".,. _.: 57 415 Mountain Drive, Suite 3 Destin, Florida 32541- 2349 J. Jerome Miller Telephone: ( 850) 837- 3860. Facsimile: ( 850) 837- 6158 Jason R. Hull E- Mail: milJer@destinlawfirm. com Teresa N. Phillips TO: Reid Silverboard, City Manager City of Fort Walton Be~] ___ FROr-. 1: rr- City Attorney' s Offic~ J' r~- DATE: February 1, 2002 SUBJECT: Consent to Representation Enclosed please find a letter from Patricia D. Lott of Miller, Canfield, Paddock and Stone, P. L.C, regarding her recent acceptance of the position of Associate General Counsel to the University of West Florida and her request for the City of Fort Walton Beach to consent to her continued representation of the City of Fort Walton Beach. Please place this item on the agenda for the next City Council meeting. If you should have any questions or comments, please feel free to contact me. g:\ files\ municipal\destin\ memos\2002\ consentrep. 020 I 02. doc O  LA W OFFICES OF MILLER, CANFIELD, PADDOCK AND STONE, P. L.C. A PROFESSIONAL LIMITED LIABILITY COMPANY 25 WEST CEDAR STREET, SUITE 500 PENSACOLA, FLORIDA 3250 I 850/ 469- 1088 TELECOPY 850/ 432- 0677 OF COUNSEL RICHARD 1. LOTI PATRICIA D. LoTI ANNA HOLLlDA Y BENSON January 25, 2002 Via U. S. Mail) r; J~, n I""" i~ r;:' r'j"-"' dr',. IfJ1!\\: , W:~, I \ \', JJ-- l. j.-,,,, n. t 1LL.w.-..:. h~ i Mr. Jerry Miller n. . Hi; Miller and Associates JAN 3 1 2.GIG2 \\\.[ 415 Mountain Drive, Ste 3 Destin, Florida 32541 Uil;msGf5rrT~~~_~ \ M-~. M 1 Re: Consent to Representation Dear Mr. Miller: This letter confirms our telephone conversation of earlier this week. Miller, Canfield, Paddock and Stone, P. L.C. (" Miller Canfield") City of Ft. Walton Beach ( the " City"). serves as bond counsel to the In that capacity Miller Canfield advises the City on an ongoing basis concerning certain legal matters relating to the City' s issuance of debt. I am of counsel to Miller Canfield. I have recently accepted a position as Associate General Counsel to the University of West Florida ( the " University"). In that capacity I am called upon to review various documents and transactions undertaken by the University. From time to time, some of these transactions may involve the City. In such event, my expectation is that Miller Canfield will not be called upon to represent the City in connection with such matters, since they are unrelated to the issuance of debt. However, since Miller Canfield has represented the City in connection with unrelated matters, I am obligated by Rule 4- 1.7 of the Florida Rules of Professional Conduct to obtain the City' s consent to the University and the City. my representation of the University in connection with transactions between I expect to obtain a similar consent from the University. 1- Mr. Jerry Miller January 25, 2002 Page Two matters would adversely affect I do not believe that my representation of the Univer sity in these not anticipate that any situations Miller Canfield' s ability to represent the City in unrelated matters. I do the City which would rela te to will arise wherein Miller Canfield would be privy to infonnation regarding event that a situation were to transactions between the City and the University. However, in the unlikely rnatter between the City and the arise wherein Miller Canfield was engaged to represent the City in a would not proceed to represent either party University, we would advise the City and the University and in such matter until the conflict had been satisfactorily resolved. If you have any questions about this, please feel free to contact me. Sincerely, P _ ~(\=]. . ..-'\ . u v: sJ~ Patricia D. Lott 2-  CITY OF FORT W ALTON BEACH MEMORANDUM 2m2 I P;;j 2: 25 DATE: February 11, 2001 TO: Reid Silverboard, City Manager FROM: Charles W. Turner, Construction Project Manager SUBJECT: Municipal Library, Change Order # 21 BACKGROUND: have been required to provide for During construction of the library a number ofminimal changes of all system final omitted items, to add items requested by the City Council, and to allow coordination selections. DISCUSSION: Council. Cost $ 2845 + 10 Item 1. Walk-off grate at main entrance -. This change was requested by City GC. Recommend approval this change will Item 2. & 3. Provide