Thursday, April 17, 2008

WHO OWNS WHAT; ROAD EASEMENTS AND TRANSPARENCY

Hi All,

Currently, there is an ongoing discussion in another thread about Traffic Control in CV. I made a statement in that Thread which is incorrect;

namely that WPRF owns the Perimeter Road.

Additionally much Misinformation has appeared in the past on the CV Q & A and in this BLOG concerning the issue of Access to the Medical Building by potential customers of the new owners.

I have consulted Mark Levy on these matters and he has provided me with key references that resolve both issues unambiguously:

All readers; please read and note well:

The first Reference is a Memorandum of Agreement, executed on January 26th. 1994; wherein Village Management Inc, Conveyed to UCO certain Roads, Swales, Guardhouses, and Common Areas.

This Conveyance is based upon UCO,s agreement to maintain, and operate the property and other agreements concerning the property.

This Memorandum of Agreement may be read at the following URL:

http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=3224661&file_num=19940227734



On the same day; January 26th. 1994, UCO executed a Roadway Easement for the benefit of Village Management, Inc. WPRF Inc., and DX PROPERTIES (At the time, the Owner of the Administration building).


To make a long story short; DX Properties subsequently sold the Administration Building to Brad Estra who subsequently sold the property to David Menkhaus ET-Al, this building is now know as the Medical Plaza.

Most importantly; this Easement encompasses among many others, Business Invitees to any of the described parties.

Additionally, the Easement shall be perpetual and run with the land. Thus all subsequent purchasers have benefit of said Easement.

Mike; I know this has been a major issue for you and some others, so please read the following reference carefully:

http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=3224663&file_num=19940227736


Finally, I must say that this controversy could have been kyboshed from the beginning if UCO had been more inclined to be TRANSPARENT; and stop operating in secrecy; of course, is it possible that the current Administration is unaware of these past events???.


A good example of this lack of Transparency is the millions of dollars spent by the Operations Committee, about which we are told nothing;

Madam Treasurer; how about a monthly spreadsheet detailing these expenses along with the current UCO budget data., must we go to WPRF for this as well?

Thanks to Mark Levy for the Key references.

Dave

6 comments:

Mike said...

Thanks Dave and Mark,the easement clearly state Medical building owner, employees, Tenant and employees,and suppliers of Medical Bldg. and tenants have Access but no outside clients are to be serviced except for the Real Estate office. I wonder why we didn't find this Dave , I would have found it in Pa. Great work , now we can get on with trying to get Professional Management to run CV. Mike

Mike said...

Not quite sure what a Bussiness Invitee is but I'm sure we will learn that. Mike

UCO President said...

Hi Mike,

Be careful;

note on page 4 of the
Roadway Easement, Para (b) Starting Business Invitees...
are in essence to be treated as Guests under the UCO Guest Policy.

Clearly a patient of a doctor in the building may be deemed a business invitee and issued a Guest Pass, I think not a very big stretch.

The wiring is clearly there and easily worked out.

Why didn't we find it, simple we were looking for a deed and this transfer ocurred by a Memorandum of agreement.

Research can be tricky!

Dave

Anonymous said...

Thank you Dave. Thank you Mark Levy. You both have shown that when going to the right source with a straightforward question, you can get a straightforward answer. I have to wonder how much unnecessary turmoil has been created by UCO with it's clandestine behavior.

Professional management is definetly needed.

Anonymous 7

Mike said...

Hi Dave , I think Paragragh 6 takes care of the Doctor Patient scenario but as in all legal docs like this , it's open to litigation . Mike

Mike said...

This topic was brought up about 7 months ago, UCO could very easily have put it to rest by coming into the CV Q&A and addressing it. King George decided unit owners are not worthy of an answer from UCO officers and Board. Tennyson could have told King George where to look in a phone call and it could have been put on the Q&A. Instead , Dave has to ask Levy for the info which he kindly gave. You would think king Geoge would have gotten and given the info to his fellow CVers. Larry could easily have been the go between for the info. Just shows you what King George thinks of the commoners. Mike